General terms of sale
1. Description
1.1 These Terms and Conditions define the rights and obligations of the parties in connection with the sale of products/services (hereinafter referred to as the “products/services”) through the website aunomdelanature.be (hereinafter referred to as the “site”). These Terms and Conditions govern all sales of products made on the site.
1.2 These Terms and Conditions are entered into between, on the one hand, Pascale Smeesters (email: ), hereinafter referred to as the “seller,” affiliated with:
PRODUCTIONS ASSOCIEES ASBL
Rue Coenreats 72
1060 Brussels
Belgium
Phone : +32 71 58 52 41
Company Number : 0896 755 397
TVA : BE 0896 755 397
and, on the other hand, the person placing an order, hereinafter referred to as the “buyer.” The buyer and the seller are hereinafter collectively referred to as the “parties.”
1.3 Any order for a product offered on the website (hereinafter the “order”) implies that the buyer has first reviewed and expressly accepted the Terms and Conditions of Sale, without such acceptance being contingent upon a handwritten signature by the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules regarding the legal framework for electronic signatures and certification services, the confirmation of the order form constitutes an electronic signature that has, between the parties, the same legal validity as a handwritten signature and serves as proof of the completeness of the order and the payability of the amounts due in fulfillment of said order.
1.4 Any buyer who wishes to purchase a product on the website represents that he or she has full legal capacity.
2. Products/Services
The products/services offered for sale are downloadable digital video files. They are listed on the website along with a description of their key features, as of the date and time the buyer views the website.
3. Prices
3.1 The price of each product is displayed on the website (hereinafter the “purchase price”) in euros and includes VAT. This price is valid in countries where delivery is available through the website, and does not include handling and shipping fees—which are also the buyer’s responsibility—nor does it include any discounts or gift certificates granted to the buyer on an individual basis. The seller reserves the right to change its prices at any time, but the products/services will be billed based on the purchase price in effect at the time the order is confirmed.
3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery fees (hereinafter the “fees”). These fees vary depending on the type and quantity of products/services ordered and the selected delivery method, and include VAT. The buyer can view the amount of these fees on the website by checking their “Shopping Cart,” which displays a calculation of the total amount corresponding to the purchase price of the products/services and the fees. The seller reserves the right to change the amount of the fees at any time; however, the fees will be billed based on the rates in effect at the time the order is confirmed, subject to availability. These fees remain due and will not be refunded if the buyer returns all or part of the order pursuant to their right of withdrawal.
3.3 Products/services are delivered only to countries where the website authorizes delivery. Buyers who wish to have their order delivered to one of the authorized countries but to an island within that country will be charged an additional shipping fee. Any incorrect delivery address is the buyer’s responsibility and may result in additional charges. The delivery times indicated are not binding but are provided for informational purposes only. No delay in delivery shall give rise to the payment of damages to the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any amounts paid by the buyer will be refunded without interest or any other form of compensation.
4. Ordering Procedures
4.1 To place an order, the buyer must complete the order form provided on the website, including the information necessary for identification, such as their last name, first name, and shipping address. The seller cannot be held liable for the consequences of providing incorrect information. After completing the order form, the buyer is prompted to finalize the order process by clicking “Confirm My Order.” By doing so, the buyer declares that they fully and unreservedly accept these Terms and Conditions in their entirety and agrees to pay the full amount due, consisting of the purchase price plus any applicable fees, minus any applicable gift cards.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer upon registration (hereinafter the “order confirmation”). This order confirmation will include, in particular:
(1) the main characteristics of the good or service ordered;
(2) the seller’s identity, including the seller’s business registration number and trade name;
(3) the seller’s physical address, telephone number, and email address;
(4) the total price of the goods or services, including all taxes and any additional shipping, delivery, and other charges;
(5) the terms of payment, delivery, and performance, and the date by which the company agrees to deliver the goods or perform the services;
6. the procedures established by the company for handling complaints;
7. the conditions, time limit, and procedures for exercising the right of withdrawal;
(8) the circumstances under which the consumer will not be entitled to the right of withdrawal, as set forth in Article VI.53 of the Economic Code and Article 7 of the General Terms and Conditions;
9. the existence of a two-year warranty of conformity (one year for used products), as provided for in Articles 1649bis through 1649octies of the Civil Code, and a warranty against hidden defects, as provided for in Articles 1641 through 1649 of the Civil Code and in Article 10 of the General Terms and Conditions;
10. the option to contact the European Online Dispute Resolution platform, to initiate an out-of-court settlement procedure.
11. where applicable, the availability of after-sales support for consumers, after-sales service, and commercial warranties, as well as the related terms and conditions;
12. if applicable, the existence of applicable codes of conduct and how to obtain a copy of them;
13. where applicable, the term of the contract or, in the case of a contract of indefinite duration or one that is automatically renewed, the conditions for terminating the contract;
14. where applicable, the minimum duration of the consumer’s obligations under the contract;
15. if applicable, the existence of a security deposit or other financial guarantees to be paid or provided by the buyer, as well as the related terms and conditions;
16. where applicable, the functionalities of the digital content, including any applicable technical protection measures;
17. where applicable, any relevant interoperability of the digital content with certain hardware or software of which the company is aware or should reasonably be aware;
The data recorded by the seller, along with the order confirmation, shall constitute proof of the contractual relationship between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, or refusal by the banking institutions to authorize payment by credit card. In such cases, the seller shall not be held liable under any circumstances.
5. Payment
5.1 Payment for purchases is made through the Stripe online platform.
5.2 The products ordered remain the property of the seller until full payment of the purchase price and the fees specified at the time of the order.
6. Delivery
6.1 Since the products are digital content, they are provided in digital form. After payment is confirmed, a download link is made available to the buyer. For security reasons, this link will be valid for the period specified in the order confirmation. The seller shall not be held liable if the download is impossible due to a technical problem beyond its control or an incompatibility between the provided file and the user’s equipment.
6.2 If there are any complaints following receipt of the order, you must send an email to the address , subject line “Delivery Complaint,” with supporting photos, within 48 hours of receiving the order.
7. Right of Withdrawal
In accordance with Article VI.53 of the Belgian Economic Law Code, the right of withdrawal does not apply to digital content provided on an intangible medium when the execution has begun with the consumer’s prior consent and acknowledgment of the loss of their right of withdrawal. By confirming their order, the buyer expressly agrees to the immediate execution of the contract and expressly waives their right of withdrawal. Consequently, no refund may be requested after the content has been downloaded.
8. Personal Data
Personal data collected in connection with sales is processed in accordance with the privacy policy available on the website.
9. Liability
9.1. The seller assumes only obligations of means for all stages of accessing the website, placing an order, delivery, or post-delivery services. The seller shall not be held liable for any inconveniences or damages inherent in the use of the Internet, including, but not limited to, service interruptions, external intrusions, or the presence of computer viruses, or any event that may be classified as force majeure. In any event, the Seller’s liability under these Terms and Conditions of Sale shall not exceed an amount equal to the sums paid or payable at the time of the transaction giving rise to such liability, regardless of the cause or form of the action in question.
9.2 The seller shall not be held liable for events of force majeure, such as a delay in performance or failure to perform its obligations, resulting from events beyond its normal control.
10. Intellectual Property and License
10.1 The purchase of content grants the purchaser a strictly personal, non-exclusive, and non-transferable license to use it. Any reproduction, distribution, making available to the public, resale, or commercial use—in whole or in part—of the works is strictly prohibited without prior written authorization.
10.2 All elements of the website, whether visual or audio, including the underlying technology, may be protected by copyright, trademarks, or, more generally, intellectual property law. They are the exclusive property of the seller. The seller authorizes the buyer to place a simple link on their own website that directs users directly to the seller’s website. However, any hyperlink to the website that uses framing, in-line linking, or deep linking is prohibited. In any case, any link, even if tacitly authorized, must be removed upon the seller’s request.
11. Contacting the seller
If the buyer has any questions about their purchase, they may contact the seller using the contact form available in the “Contact” section of the seller’s website or via email at .
12. Severability and Entire Agreement
If one or more provisions of the Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or a decision by a competent court, the remaining provisions shall remain in full force and effect.
13. Evidence
The electronic records stored in the computer systems of the seller and its partners under reasonable security conditions shall be considered proof of communications, orders, and payments between the parties. The parties agree to accept electronic evidence (e.g., email, backups, etc.) in the context of their business relationship.
14. Changes to the Terms and Conditions
The seller reserves the right to modify the Terms and Conditions and will notify buyers of the new version via the website.
15. Governing Law and Jurisdiction
These Terms and Conditions are governed by Belgian law. In the event of a dispute, an amicable resolution will be sought before any legal action is taken. The buyer also has the option of contacting the European Online Dispute Resolution platform, to initiate an out-of-court settlement procedure. If an out-of-court settlement cannot be reached, the courts of the judicial district of Brussels shall have exclusive jurisdiction.
