These terms and conditions of sale are entered into by the company Cycle en Terre SCRL, whose registered office is located at rue de la Station, 131, 5370 Havelange, Belgium, registered under number BE0 665 883 422, hereinafter referred to as "CET" and which manages the tomatofifou.com website, and by any individual or legal entity wishing to make a purchase via the tomatofifou.com website, hereinafter referred to as "the buyer".
Article 1: object
These conditions of sale are intended to define the contractual relationship between Cycle en Terre SCRL and the buyer, and the conditions applicable to all purchases made through the tomatofifou.com website. The acquisition of a product through this site implies unreserved acceptance by the purchaser of these conditions of sale, which the purchaser acknowledges having read prior to ordering. Prior to any transaction, the buyer declares on the one hand that the purchase of products on the tomatofifou.com website is not directly related to his or her professional activity and is limited to strictly personal use, and on the other hand that he or she has full legal capacity, enabling him or her to commit to the present terms and conditions of sale.
CET (Cycle en Terre) reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer's order.
Article 2. Products
The products offered are those shown on the Cycle en Terre SCRL tomatofifou.com website, while stocks last. CET reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible, but are not binding on the Vendor. The sale of products presented on the tomatofifou.com website is intended for all amateur gardeners residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
The prices published on the website are in Euros (€) and exclude taxes (HT). Any change in the VAT rate may be reflected in the price of the products. CET reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order.
- In Belgium :
- for orders of 30 euros or more excluding VAT : shipping is free;
- for orders of less than 30 euros excl. VAT: a flat-rate contribution to shipping costs of 2.14 euros excl. VAT will be invoiced to the purchaser.
- For other EU countries with a few exceptions where shipping is less secure:
- for all orders over or equal to 50 euros excl. VAT : shipping is free;
- for all orders under 30 euros (excl. VAT), a flat-rate contribution to shipping costs of 4 euros (excl. VAT) will be invoiced to the purchaser.
- For all other countries,
- for orders of 60 euros excluding VAT or more : shipping is free;
- for all orders under 60 euros (exclu. VAT): the buyer will be charged a flat-rate shipping fee of 8.85 euros (excl. VAT).
If your country is not included in the list of countries authorized for shipment on our online sales site, please contact us by e-mail. We'll see if shipment is possible.
Article 4. Order and terms of payment
Before placing an order, the buyer must create an account on the tomatofifou.com website. The account creation section can be accessed directly from the side menu bar. Each time you visit the site, if you wish to place an order or consult your account (order status, profile, etc.), you must identify yourself using this information. CET offers the buyer the option of ordering and paying for products via Mollie.
Section 4.3. Secure payment by Mollie
The buyer selects the products he wishes to order in the "shopping basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment via Mollie". In the next step, the buyer is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to Mollie's secure payment interface. If payment is accepted, the order is recorded and the contract definitively formed. Payment is irrevocable.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, Cycle en Terre will send confirmation of the order by e-mail.
If the buyer wishes to contact the company Cycle en Terre, he can do so either by mail at the following address: Cycle en Terre - Tomatofifou, Rue de la Station, 131, 5370 Havelange - Belgium; or online via the contact page (here).
The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company Tomatofifou will send him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact the company Tomatofifou, he can do so either by post to the following address: Tomatofifou, Le Bourg 63600 Saint-Ferréol-des-Côtes; either online via the contact page.
Article 5. Retention of title
CET retains full ownership of the products sold until full payment has been received, including all costs and taxes.
Article 6. Withdrawal
The buyer has a period of eight working days from delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or refund without penalty, except for the cost of return. In any case, we advise you to contact us by telephone to describe the problem.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Delivery times are given as an indication only; on working days, packages are handed over to the carrier as soon as possible after the order has been validated (on receipt of payment). Transport risks are borne by the seller. The buyer is obliged to check the condition of the packaging and the contents of the goods on delivery. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.
Section 7.1. Carriers
Article 7.1.1 Mailing
Shipments are made via Bpost. The buyer is delivered home.
Deliveries are made exclusively by post. Prices are described in point 3.
Article 8. Warranty
All products supplied by Cycle en Terre SCRL are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to CET who will take it back, exchange it or refund it. Despite all the care taken in harvesting seeds, CET cannot guarantee their varietal purity. All claims, requests for exchange or refund must be made by post to the following address: Cycle en Terre SCRL - Tomatofifou - rue de la Station, 131 - 5370 Havelange - Belgium, within thirty days of delivery.
Article 9. Liability
In the distance selling process, CET is bound only by an obligation of means. CET cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other involuntary problems.
Article 10. Intellectual property
All elements of the tomatofifou.com website are and remain the exclusive intellectual property of Cycle en Terre SCRL. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
Cycle en Terre SCRL undertakes to maintain the confidentiality of any information provided by the purchaser, which he or she may be required to transmit in order to use certain services. Any information concerning the purchaser is subject to the provisions of law no. 78-17 of 6 January 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by post to the following address: Cycle en Terre SCRL - Tomatofifou - rue de la Station, 131 - 5370 Havelange - Belgium.
Article 12. Settlement of disputes
These conditions of distance selling are governed by Belgian law. For all disputes or litigation, the competent court will be that of Dinant.