The present conditions govern the commercial relations between, on the one hand,
The company BonsaiMons, whose headquarters is located Rue du chemin de fer, 39, 7033 Cuesmes in Belgium, and registered in the register of natural persons under the company number BE0778217439, and secondly, any individual non-commercial who makes a purchase on the site www.bonsaimons.be. This person is hereinafter referred to as "the Customer".
The general conditions of sale are available online at www.bonsaimons.be, hereinafter referred to as "the Site" or "the Seller". BonsaiMons, reserves the right to modify them. Therefore, the applicable conditions are those at the date of the order.
1. Scope of application
By simply validating his order on the Site, the Customer acknowledges having read and accepted these conditions without reservation and waives the right to invoke his own. No derogation to these terms and conditions is allowed without prior written confirmation from BonsaiMons.
2. Information and recommendations
Any order of a Product offered on the Site implies the prior consultation and express acceptance of the Special Conditions by the Buyer without this acceptance being conditioned by a handwritten signature from the Buyer.
That is to say, when the Buyer ticks the box before the words "I have read the Special Conditions of Sale and agree to them. I hereby confirm my purchase" constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the payability of the sums due in execution of said order. This electronic signature therefore expresses the Buyer's consent to the Seller's offer, on the one hand, and his acceptance of these Special Terms and Conditions of Supply, on the other.
The Buyer who wishes to purchase a Product on the Site declares that he/she has full legal capacity.
2.1 Identification of the buyer
The purchase of Products on the Site is reserved for Buyers who have validly identified themselves during the purchase procedure. The latter implies the obligation for the buyer to provide complete and correct contact details.
2.2. Description and availability of the Products
The Products offered for sale are those which appear on the Site, on the day and at the precise moment of consultation of the Site by the Buyer, and within the limits of available stocks.
The Seller makes every reasonable effort to display the availability of the Products in real time on the
The Seller shall use all reasonable endeavours to display the availability of Products on the Site in real time, but shall not be held liable if a Product is no longer available to fulfil an Order placed by the Buyer. In the event of the unavailability of one of the Products ordered, the Buyer will be informed and will have the option of either modifying his/her Order or cancelling it, in which case he/she will be reimbursed for the amount of the price of his/her Order if he/she has already made payment for it.
The photographs, texts, weights, measures and all other elements illustrating the products are not part of the contract. The Seller shall not be held liable for any errors in these photographs and/or texts. The Seller undertakes to make every effort to correct any errors or omissions as quickly as possible after being informed of them.
3. Purchase Price and Delivery Costs
The price of each Product is displayed on the Site in Euros, including VAT. It does not include delivery costs, nor the deduction of any discount or voucher that may have been granted to the Buyer.
The Seller reserves the right to modify its prices at any time, without notice. However, it undertakes to invoice the Products ordered on the basis of the prices in force at the time the orders are registered. The Products remain the property of the Seller until the price has been received by the Seller. The price is payable in full and in one instalment.
The Purchasers undertake to pay, at the time of the Order, in addition to the Purchase Price of the
Products ordered, the delivery costs (hereinafter the "Costs"). These Costs vary according to the type of Products ordered and the delivery location chosen; they include VAT. The Buyer may consult the amount of these Costs on the Site by clicking on "delivery" or on the "Basket", where a calculation of the total amount corresponding to the Purchase Price of the Products and the Costs is displayed.
The Seller reserves the right to change the amount of the Charges at any time. However, the Charges shall be invoiced on the basis of the rates in force at the time of validation of the Order.
The Fees remain due and will not be refunded if the Buyer returns all or part of the Order by virtue of his right of withdrawal, in accordance with Article 2 of these Special Conditions.
All orders are considered valid only after acceptance of payment by the system chosen for payment (Visa, Mastercard, CB, PayPal, Transfer). The data recorded by the payment system constitutes proof of all financial transactions.
Any fraudulent use of a payment method does not engage the responsibility of Bonsaimons, which will take legal action against the fraudulent user.
4. Geographic scope of the distance selling offer
BonsaiMons sells from Belgium and the following EU countries (France, Luxembourg, Italy, Germany, Netherlands, United Kingdom, Spain, Portugal, Denmark, Austria, Poland, Finland, Sweden, Croatia, Hungary, Slovakia,
Slovenia, Czech Republic, Bulgaria, Estonia, Latvia, Lithuania, Romania, Greece, Ireland).
Delivery to other countries in Europe is always possible. If a request is received by e-mail, the seller cannot be held responsible for delays and consequences for the goods.
5. Ordering and execution of the contract
The order is executed online only and exclusively via the website www.bonsaimons.be. The Customer undertakes to ensure the accuracy of his personal data and the information provided at the time of ordering. Clicking on the order constitutes an irrevocable commitment on the part of the Customer.
The Seller shall confirm each Order by sending an e-mail to the Buyer of the Order, to the address indicated by the Buyer at the time of ordering. This Order Confirmation shall mention, in particular, the date of the order, the Product ordered, its Purchase Price, plus Costs, and the delivery address and delivery terms. The data recorded by the Seller, as well as the Order Confirmation, shall constitute proof of the contractual relationship between the Parties.
All orders are governed by these general conditions and shall only become a contract once BonsaiMons has sent an e-mail confirming the validation of the order, and this, after acceptance of the payment.
The Seller reserves the right to refuse or cancel any order or any delivery in case of dispute with the Buyer, total or partial non-payment of a previous order or refusal of payment authorization from banking institutions. In this case, the Seller's responsibility cannot be engaged in any way.
7. Transfer of ownership
The transfer of ownership of the product ordered takes place as soon as the contract is effectively concluded, i.e. as soon as the confirmation of the order is sent, after acceptance of the payment.
The Seller shall make every effort to ensure that orders completed on the Site are prepared and shipped within 6 working days, with a maximum period of 30 days from the day after receipt of confirmation of the validation of the order sent by BonsaiMons. The Customer shall not be entitled to claim any compensation for late delivery, neither from BonsaiMons nor from the carrier.
Maximum care is taken to protect the goods and fragile objects during transport. Our technique is tried and tested: the boxes are oversized, the pots (filmed and protected by bubble plastic) are secured to the floor of the packaging. This ensures that the tree does not move in its box. The tree is also well watered before transport and wrapped in newspaper to keep it moist.
The delivery is considered to have been made as soon as the product has been handed over by the carrier to the address indicated in the order. The Customer is obliged to check the good condition of the contents delivered. In the event of missing and/or damaged products, the Customer shall immediately inform the carrier in order to initiate the ad hoc procedure established by the carrier.
In case of apparent defects or if the product is not in conformity with the one ordered, the Customer is obliged to inform BonsaiMons, within 8 working days,
- either by registered letter with acknowledgement of receipt sent to :
Rue du chemin de fer 39,
- or by e-mail to: firstname.lastname@example.org.
In case of repeated absence of the Customer, making delivery to the address specified in the order impossible, and after the maximum number of passages provided in the general conditions of the carrier, the order is returned to BonsaiMons.
The Customer is informed by e-mail. The costs of reshipment will be fully charged to the Customer.
2. Right of withdrawal and terms of return
If one of the products purchased on the Site is not suitable for the Customer, the latter has a period of fourteen (14) calendar days, starting from the day after the day of delivery, to withdraw from the purchase, without penalty and without justification, in accordance with the European and national legislative provisions applicable to these Special Conditions.
Within this period, the Customer must notify the Seller of his intention to make use of his right of withdrawal via the contact form or by sending an email to the contact address given on the Site.
The return to the Seller shall be made to the Seller's address, unless otherwise instructed by the Buyer, and by any means of transport chosen by the Buyer, who must provide proof of shipment. The costs of return shipment shall be borne by the Buyer.
In the event that the Buyer makes use of his right of withdrawal, in accordance with the terms agreed in the previous paragraph, the Seller undertakes to refund the Purchase Price to the Buyer, if this has already been paid, at the latest within thirty (30) calendar days from the date of receipt of the return package by the Seller. However, the Delivery Costs remain due even in the event of a complete return of the package.
The Buyer may not make use of this right of withdrawal if the Products delivered have obviously been damaged or have missing parts.
The Products must be returned properly protected, in their original packaging, in perfect condition for resale (not damaged or soiled by the Customer), accompanied by any accessories, instructions and documentation, to the address indicated above, together with the original sales invoice, of which the Buyer shall retain a copy. Otherwise, they cannot be taken back. Packages for which no element is attached to identify the sender (return number, order number, surname, first name, address) may not be taken back. Items that are returned but cannot be accepted as returns are held at the Seller's address, at the disposal of the Buyer, who is required to take them back and pay for them. In case of abnormal or abusive returns, the Company reserves the right to refuse a subsequent Order.
10. Customer Service - Complaints
Any request for information or complaint should be addressed to BonsaiMons Customer Service:
- e-mail addressed to email@example.com or via the "Contact Us" section available on the home page of the Site.
- by mail to :
Rue du chemin de fer 39,
11. Privacy and data protection
BonsaiMons respects the Belgian legislation in force concerning the protection of privacy and personal data. Personal data provided to BonsaiMons for the purpose of placing an order shall not be disclosed to third parties, unless expressly authorized by the Customer.
The Customer is fully entitled to request rectification, modification or deletion of personal data collected by BonsaiMonsL For this purpose, the Customer shall contact BonsaiMons Customer Service as specified in clause 10.
12. Intellectual Property
All texts, illustrations and graphics reproduced on the Site, as well as their layout, are reserved under intellectual property, and may not be reproduced for any other use, unless expressly authorized by BonsaiMons
The invalidity or inapplicability of one of the clauses of these general conditions shall not affect the validity or applicability of the other clauses. If necessary, the parties undertake to replace the invalid or unenforceable clause with the valid clause that is closest in economic terms to the clause in question.
14. Applicable law and jurisdiction
In the event of a dispute and in the absence of an amicable solution, Belgian law shall be the only applicable law. Only the courts of Brussels shall have jurisdiction, regardless of the place of delivery and/or residence of the Customer.
Translated from the original French text. Translate error may have occured.