Access to the site www.pequena-sudamerica.eu and its use are subject to these terms and conditions. The customer is required to carefully read the terms and conditions before placing an order.
Identification of service provider Pequeña Sudamérica
Address: Voskapelstraat 5/12, 1933 Sterrebeek, Belgium
Company number: 0761901940
VAT number: BE761901940
Bank account: BE47973394794680
Pequeña Sudamérica offers a diverse range of South American products online.
The customer visits the website and fills the shopping cart with the products he wishes to purchase. The customer will then accept the terms and make payment for his order using one of the payment solutions available on the site. Then the customer will confirm his order. Pequeña Sudamérica will then send him an order confirmation email. The sales contract between Pequeña Sudamérica and the customer is concluded upon receipt of the confirmation email.
Pequeña Sudamérica reserves the right to request additional information from the customer and to refuse certain orders, especially if the customer is a minor, if there is a dispute in progress, if stocks do not allow to fulfil the order or if there is a manifest error in the description or price of the products. Only legally able persons can place an order.
Application and acceptance of the general conditions of sale
The main features of the Products and the Service and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.pequena-sudamerica.eu, which the customer is obliged to read before ordering. The purchase of a Product or Service is the sole responsibility of the Customer. Product offers are subject to availability, as specified at the time of placing the order. These Terms and Conditions are accessible at any time on the website www.pequena-sudamerica.eu and will prevail over any other document.
An order will imply in all cases the express and irrevocable acceptance of these terms and conditions by the customer. He will receive in the order confirmation email a link to the terms and conditions in a format that can be saved or printed. Certain provisions of the general conditions apply only to consumers.
Unless proved otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
Fees and terms of delivery and payment
Any delivery costs are indicated in the order summary on the website before the customer confirms his order. These fees are also included in the confirmation email. Pequeña Sudamérica undertakes to make every effort to ensure that the delivery is made within a maximum of 4 working days in Belgium and 8 working days maximum in Europe to the address indicated by the customer or in the collection point chosen by the customer. For security reasons, the customer may be asked to provide proof of identity upon delivery. In case of first absence during the passage of the carrier, a new presentation will take place. In the event of a second absence, the package will be made available at a collection point near the destination. No compensation can be claimed by the customer in case of late delivery.
During delivery, the customer checks and agrees on the information and data included on the invoice. It also confirms that the delivered products, as far as is visible, comply with the description that Pequeña Sudamérica has made and that they are suitable for the usual use of such products. Any defect must be communicated to the carrier or the collection point. If certain products do not comply at the time of delivery, the customer also immediately informs the customer service of Pequeña Sudamérica.
Prices and information on the site
All prices mentioned on the website include VAT and other taxes. These prices may be modified at any time and do not include, where applicable, delivery charges that are billed extra. The prices paid by the customer are those mentioned on the site at the time of the confirmation email, except in case of manifest error. These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the validity period, to change prices at any time.
Photos and other illustrations used to present the products are not binding and may contain products or items not included in the price offered.
It is up to the Customer to select on www.pequena-sudamerica.eu the Products he wishes to order, according to the following terms:
The Client connects to his client area. The Customer chooses a Product which he puts in his basket, Product which he will be able to remove or modify before validating his order and to accept the present general conditions of sale. The Service is obligatorily added to the basket during the first order. He will then enter his coordinates and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the site www.pequena-sudamerica.eu constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
Customer Area – Account
In order to place an order, the Customer is invited to create an account.
To do this, he must register by completing the form that will be proposed to him at the time of his order and undertakes to provide sincere and accurate information about his contact information, including his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his e-mail address and password that he has filled in during registration and are strictly personal. As such, the Customer prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it. The personal space of the Customer is strictly reserved for the use of the Customer and can not be used by any other Client.
The Customer may also request unsubscription by going to the dedicated page on his personal space or sending an email to: email@example.com. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the site www.pequena-sudamerica.eu will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained ineffective.
Any account deletion, whatever the reason, causes the outright deletion of any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
Right of withdrawal (only for consumers) and return costs
The customer has the right to withdraw from the contract within 14 calendar days from receipt of his order, without penalty and without giving reasons (except for food).
The period mentioned in the first paragraph runs from the day:
1 ° Of the conclusion of the contract, for service contracts;
2 ° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
The customer can submit his request either by contacting the customer service via the contact page of the website, or by returning the completed withdrawal form (see appendix) by mail or email, or by sending a clear request to this effect. He may ask to exchange the products or to be reimbursed.
During the withdrawal period, the customer will take the utmost care of the products and their packaging. The customer will only unpack and use the products to the extent necessary to be able to judge whether he wishes to keep them or not. If the customer wishes to exercise his right of withdrawal, he will return the products, with all possible accessories (notices, documentation, etc.), to the following address: VOSKAPELSTRAAT 5/12, 1933 STERREBEEK, BELGIUM. The return of products must be done within a maximum period of 14 days from the exercise of the right of withdrawal. Returns are to be made in their original condition and complete (packaging, accessories, instructions …), allowing their remarketing in new condition, accompanied by the invoice. Damaged, soiled or incomplete products are not taken back. The cost of return remains the responsibility of the Customer.
Pequeña Sudamérica refunds the packages not received or returned by the customer with deduction of €5 for the processing of the order and the transport costs in case they are chargeable to Pequeña Sudamérica.
Pequeña Sudamérica will refund the customer using the same method of payment used by the customer to place the order. The refund will be made with deduction of the costs of delivery and preparation paid by the customer or supported by Pequeña Sudamérica. The refund will be made within 14 days after Pequeña Sudamérica has taken notice of the withdrawal request, provided that Pequeña Sudamérica has received the returned products or that the customer has provided proof of their shipment.
The responsibility of the customer will be engaged for any manipulation of the products other than that necessary to establish the nature, the characteristics and the good functioning of the products.
The consumer can not exercise his right of withdrawal when:
- The goods supplied were made to their specifications or clearly personalized;
- The goods supplied can not be redirected or are likely to deteriorate;
- The goods supplied are food products;
- Sealed goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health.
Pequeña Sudamérica warrants that the products are in accordance with the contract, the specificities described on the site and the reasonable requirements as to their quality and usefulness. In the event that an apparent defect or non-conformity is found, the customer must imperatively and immediately report this fact to Pequeña Sudamérica, on pain of forfeiture of his rights in this regard, without prejudice to the rights granted by articles 1649bis and following of the civil code if the customer is a consumer and by articles 1641 and following if the customer is not a consumer. In this second case, it is prejudged that Pequeña Sudamérica was not aware of the vice cache.
In addition, we want to make it clear that we still only offer products that we buy from the manufacturers of the original products and their wholesalers. In case of doubt about the authenticity of products, the consumer can find more information and advice on the website https://www.cecbelgique.be. In case of suspicion of counterfeiting, the consumer can always file a complaint via the contact point.
E-mail and automatic registration systems of the website serve as proof, especially for the date of the order and its contents.
Customer service and possible complaint
Our customer service team will make every effort to answer your questions, suggestions or complaints and help you as best as possible. The customer service team can be reached:
- By the contact page of the website
- By email: firstname.lastname@example.org
- By mail: Pequeña Sudamérica, Voskapelstraat 5/12, 1933 Sterrebeek, Belgium.
Pequeña Sudamérica can not be held responsible for improper use of the products or for possible modifications of the products made by the manufacturers. The responsibility of Pequeña Sudamérica will in any case be limited to the amount of the order and can not be committed for simple errors that could have remained despite all the attention paid to the presentation of products. In any case, Pequeña Sudamérica not be held responsible for indirect or consequential damage nor for damage that was not foreseeable at the time of the order. Neither photographs, illustrations or product sheets bind Pequeña Sudamérica. This information is given for information only. The customer agrees to carefully read the instructions provided by the manufacturer on or in the product packaging.
Pequeña Sudamérica respects the Belgian law of 8 December 1992 as revised on the processing of personal data. The customer has a right to access, modify, rectify and delete data concerning him by contacting Pequeña Sudamérica.
Pequeña Sudamérica undertakes not to communicate the details of its customers to a third party without prior agreement.
The name and logo of Pequeña Sudamérica and those of the companies listed on the website are protected names and trademarks. The intellectual rights related to the website are the exclusive property of Pequeña Sudamérica or its contractors. The information contained on the site may not be made public, reproduced or modified without the prior written permission of Pequeña Sudamérica, except for strictly personal use.
The fact that a provision of these terms and conditions is declared invalid, illegal or void does not affect the validity, legality or applicability of the other provisions. Pequeña Sudamérica’s failure to insist on the strict application of one or more of the terms and conditions does not constitute a tacit waiver of her rights and does not preclude her from subsequently requiring strict compliance with these provisions.
Pequeña Sudamérica is not responsible for the delayed execution or non-performance of the Service as a result of force majeure. Cases of force majeure are considered to be the usual assumptions recognized by Belgian case law and courts. In case of force majeure, Pequeña Sudamérica is entitled to deliver the products during the 60 days following the contractually agreed date. After this period, the customer can cancel the order.
Any dispute will be governed by Belgian law. Only the courts of Brussels are competent.
You can notify your dispute on the European ODR platform: http://ec.europa.eu/consumers/odr/.
Annex: withdrawal form
Complete and return this form only if you wish to terminate the contract:
I hereby notify you of my withdrawal from the contract for the sale of the following property(s):
– Order made on ……………………………….
– Order received on ………………………………
– Name of the person who ordered: ……………………………………………
– Address communicated when ordering:
– Date: …………………………………………………………
– Signature (only if this form is submitted in paper version):