Terms and Conditions

Eno Atelier - Terms and Conditions -

Article 1 – Object and scope of application
1.1. The present General Terms and Conditions of Sale (hereinafter the “General Conditions”) define the rights and obligations of the parties within the context of the sale of products (hereinafter the “Products”) at the e-store Eno Atelier (available at www.eno-atelier.eu, hereinafter the “ Site”), on the Belgian, Netherlands and Luxembourg territory.

1.2. The General Conditions are concluded between the limited company under Belgian law named FALLA S.P.R.L, registered with VAT number 0542.431.126 (VAT BE 0542.431.126), whose head offices are located at Rue de Dublin 42, 1050, Brussels, in Belgium, hereinafter the “Seller”, and the person whishing to consult the Site and make a purchase, hereinafter the Customer. The Customer and the Seller are hereinafter jointly called the “Parties”. The Parties agree that their relations shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously available at the Site.

1.3. Any Order of a Product proposed at the Site (hereinafter the “Order”), implies the prior consultation and express agreement to the present General Conditions by the Member. However, this agreement is not conditioned by a handwritten signature from the Member. Pursuant to the provisions of the 9 July 2001 Act fixing certain rules concerning the legal frame for electronic signatures and certification services, it is hereby reminded that the Order form validation, according to the provisions of Article 5 of the General Conditions, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes the proof of the entire Order and of the payability of the amounts due for this Order.

1.4. The General Conditions exclusively concern the Customers, who are non-merchant natural persons. The Customer wishing to buy a Product at the Site declares possessing full legal capacity. Any person, who is incompetent in the sense of Articles 1123 and followings of the Belgian Civil Code, may not, under any circumstances, buy at the site, or must do it through the intermediary and under the responsibility of his legal representative, identified in the way described in Article 2 of the present General Conditions. This legal representative must respect the present General Conditions.

1.5. In accordance with the applicable legislation, each Member has to be, when registering, than 18 years old.

Article 2 – Registration
2.1. The Products purchase at the Site is reserved to Customers having previously and validly registered to Eno Atelier by following the registration procedure described at the Site. This registration procedure implies the obligation for the Customer to identify himself by giving a username (email address) and a password to access the Site section reserved to Customers.
The username and passwords are personal and confidential. The Seller declines any liability in case of abusive use of a Customer's username or password. Customers have also the option not to register and check out as Guests with terms that are explained at the choice selection.

2.2. The Seller reserves the right to exclude, at any time, a Customer, for instance in cases of non-payment of previous purchases, or in case of frequent, abnormal and/or abusive returns. The Customer shall be informed of his exclusion by an email sent to the address indicated at the time of his registration.

Article 3 – Products description and availability
3.1. The Products proposed to sale are those figuring at the Site with a description of their essential characteristics, at the time and day of the Site consultation by the Customer, while supplies last. The Seller implements all reasonable means to display at the Site the Products availability in real time, but may not be held liable if a Product were to be unavailable to honour the Customer's Order. In case of the unavailability of one of the ordered Products, the Customers shall be informed and shall have the choice to either modify his Order or cancel it. In this case, he shall be reimbursed of the amount of his Order if payment was already made.

3.2. The photos, legends and other descriptive elements illustrating the Products are not contractual. If those photos and/or legends present some inaccuracies, the Seller cannot be held liable. The Seller commits to make its best efforts to rectify as quickly as possible the inaccuracies or omissions after having been informed of their existence.

Article 4 – Purchase Price and Delivery Costs
4.1. Product Purchase Price
Each Product Price is displayed at the Site (hereinafter the “Purchase Price”) in euros, VAT included. This Price is valid in Belgium, Netherland and Luxembourg and does neither include Delivery Costs, which are chargeable to the Customer, nor the deduction of any discount or purchase voucher  personally awarded to the Customer. The Seller reserves the right to modify its prices at any time, but Products shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability. For orders above 120we offer free shipping to Belgium, Netherland and Luxemburg. Customers have no extra shipping charge for using the Pick up Order from store method.

4.2. Preparation and Delivery costs
At the time of the Order, Customers commit to pay, further to the Products Purchase Price, the Delivery Costs if applicable. Those Costs vary, depending on the type and quantity of ordered Products, and the delivery method chosen, and must be understood as VAT included. The Customer may consult the amount of these costs at the Site by clicking on the “Cart” on the top right corner, where there is an Estimation Tax and Shipping costs quote for Customers depending upon their particular shipping address.  The Seller reserves the right to modify the Costs at any time, but the Costs shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability.
Those Costs remain due and shall not be reimbursed if the Customer returns part of all of his Order pursuant to his Cancellation right, as detailed in Article 8 of the present General Conditions.

Article 5 – Order modalities
5.1. To order as a Customer and not as Guest, you must access the Site part reserved to Registered Customers, by Log in indicating username and password. He must then fill in the order form available at the Site, where he shall indicate the details necessary to his identification, such as his surname, first name and delivery address. The Seller shall not be held liable for the communication of inaccurate details. After having filled in the order form, the Customer shall be invited to finalize the Order process, by ticking on Accept our Terms and Conditions button and then by clicking on “Place Order” button, by which the Customer declares fully accepting and without reserves the whole present General Conditions, validates definitively his Order and commits to pay the whole due amount, i.e. the Purchase Price, plus the costs, minus any discount, voucher or gift coupon.

5.2. The Seller shall confirm each Order by sending an email to the Customer right after placing order on the email Address indicated by the Customer when he registered (hereinafter “Order Confirmation”). This Order Confirmation shall mention among other things, the Order date, the Product ordered, its Purchase Price with the Costs, as well as the Delivery address and specifications.
The data recorded by the Seller, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.

5.3. The Seller reserves himself the right to refuse or cancel any Order or Delivery in case of (i) existing dispute with the Customer, (ii) partial or total non-payment of a previous Order or (iii) credit card payment authorization refused by the banking institutions. In this case, the Seller's liability may not, under any circumstances, be engaged.

5.4. After having ordered, the Customer shall not be entitled to cancel his Order anymore, but shall be able to use his Cancellation right, according to the conditions stipulated in Article 8 of the present Terms and Conditions.

Article 6 – Modalities of payment
The purchases payment is made by 1) credit card or debit,( such as Visa or Mastercard or by Maestro), 2) Paypal Express Checkout 3) Bank Deposit or 4) By Paying at delivery at Shipping address or at our Store point pick up. At the time of the Order validation, the Customer chooses one of the proposed methods of payment. In case the Customer chooses for a credit card, he needs to indicate the name appearing on his credit card, the card number, its expiry date and the control number(CCV). Some issuing banking institutions may request an additional signature, such as a digipass. The payment validity is confirmed or not after verification with the issuing banking institution. If the payment is confirmed, the withdrawal takes place, after the invoicing of the Order, according to the methods agreed with the card issuing bank. The Seller shall not accept any credit card payment for an amount greater than one thousand (1000) euro per order. Title to the Product(s) shall remain with the Seller until full payment of the Purchase Price and Costs indicated at the time of the Order.

Article 7 – Delivery
7.1. The Delivery is carried out by the Seller anywhere in Belgium, the Netherlands and Luxembourg. At the time of Delivery, a sale invoice is handed over to the Customer. Deliveries are being dealt by Dynamic Parcel Distribution - DPD GmbH & Co. The products will be delivered at the address of your choice and received by the person of your choice (home address, neighbours, workplace). In case of absence, a notice shall be left in the mailbox of the designated address. If this is a case, it is up to the Customer to contact the delivery person to agree on a new delivery date. If the Customer does not organize a new delivery within 2 weeks from the Order's validation, or if he is absent at the time of the new delivery, the Order shall automatically be returned to the Seller, who shall contact the Customer in order to organize the Order delivery. In this case, additional costs may be charged to the Customer. The delivery period is announced in the confirmation email.

7.2. The risks shall pass to the Customer at the time of delivery. Each delivery is deemed to be carried out as soon as the Product is at the disposal of the Customer according to the mode of delivery chosen, i.e. the chosen delivery address. The proof of this shall be materialized by the control system used by the delivery person.

7.3. The Customer must verify the parcel(s) when it/they arrive(s) and make every reserve and complaint which appears justified, or even refuse the parcel(s) if it/they might have been opened or if it/they present(s) obvious traces of deterioration. The abovementioned reserves and complaints must be directly addressed to the carrier by registered mail with acknowledgement of receipt, within three working days following the Product delivery. A copy must also be sent to the Seller.

Article 8 – Cancellation right and modalities of return
8.1. If one of the Products purchased does not suit the Member, the latter has the right to cancel his order within fifteen (15) calendar days of the day following the delivery, without any penalty or explanation, in accordance with the European and National legal provisions which are applicable to the General Conditions (1). Within that delay, the Member must notify the Seller of his intention to use his Cancellation right, by sending an email to helpdesk@eno-atelier.eu. A return code and a return form will be sent to him by email. The Member will then fill in the return form, sign it and insert it in the returned parcel.

From the moment the Member expresses his intention to return part or all of his Order, he has ten (10) calendar days to return the Products to the Seller. The non-compliance with that delay shall cause the Member to be deprived of this Cancellation right. In consequence, he shall have to pay his Order.

8.2. The Products must be returned to the address of the Seller mentioned below, unless otherwise specified to the Member, by any means of transport left to the choice of the Member, who must keep the dispatch proof : FALLA S.P.R.L, (Eno Atelier), Rue de Dublin 42,1050, Belgium. The costs and risks of the return dispatch are supported by the Member.

8.3. If the Member uses his Cancellation right, according to the abovementioned modes, the Seller commits to reimburse the Purchase Price to the Member, if already paid, within thirty (30) days of the receipt by the Seller of the return package. However, preparation and delivery costs remain due even if the entire parcel is returned.
The reimbursement shall be made as follows:
If the Member paid his Order by credit card, once the returned articles shall have been checked, an amount shall be credited on the credit card used by the Member, corresponding to the returned articles Purchase Price, reduced by the amount of the purchase voucher(s) or discounts used to pay the Order. The reimbursement to the Member shall be made according to the methods agreed upon with the card issuing bank. If the Member paid by another mean of payment, the reimbursement shall be paid by bank overdraft, to the bank account provided by the Member on the return form. In case no valid bank account number has been provided on the return form, the Seller shall be entitled to pay the amount to refund in the form of a purchase coupon valid on a future purchase on the Site.

8.4. The Member shall not be entitled to this Cancellation right if the delivered Products have obviously been used, are damaged or if there are missing parts. The Products must imperatively be returned properly protected, in their original packaging, in a perfect state allowing their resale (not damaged nor dirty), with all accessories, user manuals and brochures, to the abovementioned address, with the original sale invoice, a copy of it being kept by the Member. Otherwise, Products cannot be returned. Parcels without any element allowing the identification of the sender (return code, Order number, surname, first name, address) cannot be returned either. The articles sent but not accepted for return shall be kept by the Seller at the Member's disposal. The Member must take them back and pay them. In case of abnormal or excessive returns, the Seller reserves the right to refuse any further Order.

8.5. The Seller shall in any case not be obliged to replace or reimburse any product that (i) has been damaged by the Member's fault (for instance, due to bad conservation conditions) or (ii) became unfit for consumption due to too long conservation periods.

Article 9 – Privacy protection and personal data processing

9.1. The Company FALLA S.P.R.L collects personal data concerning the Members communicated by them at the Site. The Company FALLA S.P.R.L commits not to disclose those data to third parties. Those data are confidential and shall only be used by its internal departments for the processing of Orders, or to enhance and personalize the communication, for instance by informative mail/e-mail, as well as within the context of the personalization of the Site according to the Members’ recorded preferences.

9.2. As a result, the Company FALLA S.P.R.L does not sell, commercialize nor sent to third parties the Members' related information. In case of assignment or use by third parties of personal data, the Company FALLA S.P.R.L commits to inform the Member in advance, in order to allow him to exercise his opposition right. The Company Sacriana may also provide consolidated statistics, concerning its Members, sales, exchanges structures and information at the Site, to trustworthy third parties. However, those statistics shall not contain any personal data. The present Article shall not, however, be construed as preventing the assignment or business transfer to third parties.

9.3. Pursuant to the European and National legal provisions which are applicable to the General Conditions (3), the Member may exercise his right of access to the filing system and his right to rectify the personal data concerning him, by accessing the section “Personal Data” under the heading “My account”. He may exercise his right of deletion of the personal data concerning him by accessing, at the Site, the heading “Help & Contact” and selecting “I wish to renounce my membership”, or by sending a letter to : FALLA S.P.R.L, (Eno Atelier), Rue de Dublin 42,1050, Belgium (the Member must indicate his e-mail address, surname, first name and postal address); or by email to: helpdesk@eno-atelier.eu

9.4. The Site uses “Cookies”. Cookies are small text files transferred to the User's hard-disk. They aim at tracking the Member's previous Site usage. Furthermore, cookies are used by the Company Sacriana to personalize the service offered to the Member. The Member has the possibility to configure his browser to reject cookies. By doing so, he chooses the opportunity to personalize the service offered by the Company FALLA S.P.R.L

9.5. These cookies may also be used with some of the partners of the Company FALLA S.P.R.L, for instance to count the number of the page visitors, to measure and improve the efficiency of certain actions. The information obtained through those cookies simply allows compiling statistics related to the frequenting of certain pages of the Site, in order to better serve Members.

9.6. Personal data may be used by the Company FALLA S.P.R.L and its logistical partners to deliver and bill ordered products and services, to contact members in case of problems or to contact them personally.

Article 10 – Liability
The Seller only undertakes an obligation of means at all stages of the Site access, from the Order processing, until the delivery or any further services.
The Seller may not be held liable for all inconveniences or damages linked to the use of Internet, such as a service rupture, an external intrusion or the presence of informatics viruses, or any other event constitutive of force majeure.
Under no circumstances, the Seller's liability under the present General Conditions shall exceed the actual sums paid or to be paid at the time of the transaction concerning the Products with respect to which such claim is made, whatever the cause or the form of the claim.

Article 11 – Intellectual Property
All elements of the Site, being visual or sonorous, including the underlying technology, are protected by copyright, brand or patent law, and more generally by intellectual property, as well as by the law concerning databases. They are the exclusive property of the Seller. The Member processing a personal Internet website and wishing to put, for his personal use, on his website a direct link to the Site, must compulsorily request the Seller's authorization. This must not be understood as an implicit contract or registration. On the other hand, any hypertext link to the Site, and using the framing technique, the in-line or deep linking technique, is strictly forbidden. In any case, every link, even tacitly authorized, must be removed at the Seller's simple request.

Article 12 – Contact and enquiries management

In case a Member has a question related to his purchase, he can contact the Seller through the contact form available in the Customer Services section of the Seller website or using the following email address helpdesk@eno-atelier.eu. The Seller will contact the Member with a maximum 5 days delay to provide an answer to the Member's enquiry.

Article 13 – Separable provisions
If one or more provisions of the General Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, this shall not affect the validity of the other provisions. The General Conditions and the Order summary transmitted to the Member form a contractual ensemble and constitute the whole contractual relations between the Parties. If there is any contradiction between those documents, the General Conditions shall prevail.

Article 14 – Proof
The computerized databases stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered as proofs of the communications, orders and payments between the Parties.

Article 15 – Amendments
The Seller reserves the right to amend the General Conditions at any time.
The amended General Conditions shall be available to the Members on the Site.
Unless legal or statutory requirements specify otherwise, the amended General Conditions shall enter into force with immediate effect or at a later date as announced in the modified General Conditions or by FALLA S.P.R.L
Any order placed by a Member shall be ruled by the General Conditions in force at the date of the order.

Article 16 – Governing Law and jurisdiction
The General Conditions are governed by Belgian law. In the event of a dispute, the Parties shall try to find an amicable solution before initiating any proceedings. Failing an amicable settlement, the dispute shall be subject to the exclusive jurisdiction of the Brussels judicial district Courts (Belgium).