The General Terms and Conditions of Sale below (hereinafter “the General Conditions”) exclusively govern the pre-contractual and contractual relations between any user of the websites and applications www.BoogyBook.com, and the merchant BOOGYBOOK.COM SPRL, registered under company number BE 0554.731.518, whose head office is at: rue de Royenne, 38 - 1390 GREZ-DOICEAU (Belgium), and whose email address is contact@BoogyBook.com.
These General Conditions are in compliance with Book VI “Market Practices and Consumer Protection” of the Belgian Code of Economic Law of 31 May 2014.
BoogyBook may occasionally modify certain provisions of these General Conditions. These modifications may be opposed from the time they are published online, and will not apply to previously signed agreements.
The offers and prices are valid for the period of time indicated on our website.
We reserve the right to change our prices at any moment, but we undertake to apply the prices in force which were indicated on the Website at the time of your order.
3. Delivery times and methods
The estimated delivery date is determined by the production time, which will be seven 20 days maximum. This time includes checking the reliability of your information given, from the time of payment + the preparation of your order + the management of the parcel(s) by the postal service + postal service’s transport time.
Your parcel will be delivered to your without signature, or placed in your letterbox in your absence, or delivered to the post office if the size of the parcel requires it. BoogyBook undertakes to respect the delivery times indicated when you place your order.
The shipping date for your order will be sent to you on the Website in your “Order Summary”.
BoogyBook may not be held responsible for any late deliveries brought on by external factors.
4. Means of payment
BoogyBook provides you with several means of payment :
Payment by bank card (Bank Card, Visa or MasterCard)
or by PayPal: your account will be debited when your order is shipped, on the condition that we have been granted an authorisation to debit your account from the relevant payment centres. If we do not receive this authorisation your order will not be processed.
The User expressly authorises BoogyBook to store their payment data to ensure the monthly shipping of products is settled. The User may at any time send an email to contact@BoogyBook.com asking to stop the monthly creation of a BoogyBook. This request will be granted 48 hours after reception. In this case, the monthly payment of shipping and handling fees will also be terminated.
Payment by gift code:in the case of a commercial operation undertaken by BoogyBook or one of its partners, promotional codes amounting to the sums to be paid are issued. These codes may be used to pay for part or all of an order.
Using a gift code obliges the User to provide banking information needed to create a subscription, which can by cancelled by the User upon reception of their first BoogyBook.
In the case an order for an amount lower than the value of the gift code, the difference will not be reimbursed.
The user expressly authorises the trusted third party OGONE to retain its payment data to ensure future shipments as well as monthly charges of €2.99 in the case of a club membership. The user may suspend or terminate membership, with this request taking effect 48 hours after receipt of the request. In this case, the monthly charge of €2.99 will also be stopped and the customer will then no longer benefit from any of the advantages reserved for club members.
5. Right to withdraw
The customer has no right to withdraw from the sale, in compliance with the Book VI “Market Practices and Consumer Protection” of the Belgian Code of Economic Law of 31 May 2014 on Commercial Practices and Customer Information and Protection.
The Products commercialised by BoogyBook comprise:
- either the provision of services, the execution of which started, with the agreement of the customer, before the end of the withdrawal period of seven(7) working days;
- or the provision of products manufactured according to the customer’s specifications, or which have been clearly personalised.
6. Verification to be made by the buyer at the point of delivery
Upon reception of the order, the buyer must examine the products and immediately inform us of any apparent defects or any discordances with regard to the contractual specifications, which means any defects which may be quickly noticed upon thorough inspection.
In general, the User has a “satisfied or your money back” guarantee, and BoogyBook undertakes to reprint and deliver, at its own cost, a BoogyBook which has been returned in its complete state by a buyer within seven (7) days of reception.
7. Legal guarantee
All of our products sold have a legal compliance guarantee and a guarantee against latent defects.
The seller is obliged to deliver a product to the buyer which complies with the contract.
Posting fees for any product(s) will be borne by the customer.
However, if the compliance guarantee applies to the returned product(s), all fees relative to returning the product(s) will be reimbursed. For all returns of parcels, the User must send them by post.
BoogyBook may not be held responsible for the failure to execute an agreement in the case of force majeure, as defined by the relevant courts. Nor may it be held responsible in the case of a customer’s mistake, or in the case of an unforeseeable and unsurmountable event on the part of a third party to the agreement. We remind you that you should save information received about the product(s) purchased. BoogyBook may not be held responsible for any consequences resulting from the incorrect use of the products sold on the Website.
Although our products may be used by professionals, BoogyBook is not intended to sell its products to professionals through its Websites.
The User is responsible for whatever content they publish online. BoogyBook, its managers and its authorised employees may in no way be held responsible for the legitimacy of the content hosted and printed.
10. Promotional codes
Promotional codes may be offered by BoogyBook or our different partners. Their use is subject to certain terms and conditions, other than the additional conditions which are, if necessary, stated on the voucher.
11. Protection of personal data
This data will be subject to computer processing.
You have the permanent and free right to access and modify any of your personal data, in compliance with European legislation and Belgian provisions in force (article 9 of the law of 8 December 1992 on the Protection of Privacy in Relation to the Processing of Personal Data). At any time you may ask BoogyBook to inform you of which information it has on the Website. BoogyBook and its contractual partners may send you information as part of specific and occasional promotional offers, in the form of promotional emails, suggesting new products, special offers, exclusive offers, deals, etc. You can ask to no longer receive emails from BoogyBook at any time by clicking here or on the link which can be found at the bottom of each email you receive from us or our partners.
12. Intellectual property rights
All content from the BoogyBook Website and applications (including illustrations, texts, labels, brands, images, videos) is the property of BoogyBook, its co-contractors or partners. Any whole or partial reproduction of the content, in any way whatsoever in any format whatsoever is subject to prior and express authorisation from BoogyBook.
All information, content, files and software offered by our services are protected by intellectual property law (such as copyright and trademark law) recognised by Belgian legislation and international agreements.
BoogyBook grants the User a limited and non-exclusive licence in order to access and use the Website and the application. These are for exclusively personal use, and not commercial use. You may not download (other than for storage purposes), reproduce (other than by printing a single copy) or modify the Website or its content, in whole or in part. You may in no case reproduce, imitate, copy, sell, resell, visit or use in any way the Website or a part of the Website for commercial gains, unless you have received prior written consent from BoogyBook.
BoogyBook may in no case be held responsible for a User’s violation of intellectual property rights held by a third party the perpetration of which is brought on by activities of the latter on the Website or through its access to the Website.
All complaints relative to ordered products may be addressed:
- Either by letter to the following address: BoogyBook, Customer Service, rue de Royenne, 38
1390 GREZ-DOICEAU ;
- Or by email sent to contact@BoogyBook.com
Products returned in compliance with these General Conditions must also be returned to the postal address above.
All agreements signed with BoogyBook, as well and these General Conditions, are governed exclusively by Belgian law. In compliance with article 6 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, the application of this Convention is expressly excluded.
All disputes concerning the invalidity, the execution or the interpretation of these General Conditions, the agreement between BoogyBook and the User, and deliveries, will be exclusively subject to the decision of the courts of the jurisdiction of Brussels.
Done in Brussels on 01/10/2014