Terms of Sales

1. Definition and Application 

These general conditions of sale (hereinafter the "General Conditions of Sale") can be consulted on the website www.histoiresauvage.com (hereinafter: the "Site Web»).

The Website and related services are offered by:

SRL NEWLANDS & PARTNERS (hereinafter: "Wild History" and "We")

14 rue Wilquet Werner – 1473 Glabais

VAT- BE0740.463.554

Email: nastasya@histoiresauvage.com

 

For the purposes of these General Conditions of Sale, the following definitions have the following meanings:

(i)              « Consumer “: Any Client (natural person) acting for purposes that do not fall within his commercial or professional activity.

(ii) « Client »: Any natural or legal person (B2C or B2B) who enters into a contractual relationship with Histoire Sauvage, regardless of the nature of the contractual relationship, including, but not limited to, Consumers and Professional Clients. Hereinafter also referred to as "You".

(iii)           « Products »: All goods that are the subject of one or more Sales Contracts.

(iv)           «Goods made to consumer specifications»: Non-prefabricated products, manufactured on the basis of an individual choice or an individual decision of the Consumer.

(v) Sales agreement »: Any contract under which Histoire Sauvage undertakes to transfer ownership of the Products to the Customer and where the Customer in turn undertakes to pay the price of the Products.

The General Conditions of Sale apply to all current and future sales of Products by Histoire Sauvage to the Customer. By using the Website, the Customer accepts the General Conditions of Sale, as well as all other rights and obligations mentioned on the Website.

These General Conditions of Sale are fully applicable, except in the case of express derogation. An express derogation is only valid insofar as it results from a mutual agreement expressly provided for in writing. These express derogations are intended to replace or supplement the clauses to which they relate. The other provisions of these General Terms and Conditions of Sale remain fully applicable in all cases.

Histoire Sauvage reserves the right to modify and/or supplement its General Conditions of Sale at any time for future orders. We advise you to read and regularly consult our General Conditions of Sale. Any future changes will have no effect on current orders and resulting contracts, unless otherwise stipulated by law.

Like the Privacy Policy and the Cookies Policy, these General Conditions of Sale constitute the General Conditions of Histoire Sauvage. The Wild History Terms and Conditions can be viewed on the Website.

2. Purchase Eligibility

Before making purchases on the Website, you must provide certain personal data. In particular, Customers must mention their real name, telephone number, e-mail address and other requested information, as indicated on the Website. Also, when placing an order, you are asked to provide payment details. You represent and warrant that the payment information provided is both valid and correct, and you confirm that you are the person corresponding to the information provided.

The Website is available only to persons who meet the eligibility requirements set by Histoire Sauvage. As a Customer, you must have a valid credit or debit card issued by a bank accepted by Histoire Sauvage. The Customer who places an order on the site authorizes Histoire Sauvage to debit his credit or debit card up to the amount of the total purchase price of the products purchased on the Website.

By placing an order on the Website, you expressly authorize us to carry out credit checks and, if necessary, if Histoire Sauvage deems it necessary, to transmit or obtain at any time information (including any updated information ) about you or others, including, but not limited to, your credit/debit card number or credit reports about you (including your spouse's credit reports if you entered into a community marriage goods), to confirm your identity, and validate your credit/debit card, obtain initial credit/debit card authorization, and authorize individual purchase transactions.

In addition, you agree that the personal information you have provided to us may be used for the purpose of performing the required anti-fraud checks. You authorize us to transmit your personal information to an entity in charge of credits or fraud prevention, which may store this information in its database.

3. Our online offer

Our online offer is presented with the greatest care. Histoire Sauvage provides information on the characteristics of the Products, including technical descriptions based on the information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information within the limits of technical resources. The images displayed on our Website are an approximate representation of the substantial characteristics of our Products.

We make our best efforts to ensure that the colors of our Products, as displayed on our Website, correspond to reality. However, we cannot guarantee that the display on your screen will perfectly match the colors of our articles, as computer screens may vary.

Histoire Sauvage offers Products for sale that are in stock and available for shipment from our distribution center. Histoire Sauvage also offers pre-order products. However, we reserve the right to apply specific conditions to a particular offer, such as a limited validity period. In such a case, the offer is only valid while stocks last. Such specific conditions are only applicable if they have been communicated explicitly and prior to the order.

4. Acceptance of your order

Once your order has been placed, you will receive an acknowledgment of receipt by email containing the details of your order. This e-mail does not constitute acceptance of your order, but simply confirms that we have received your order.

All orders must be accepted and available. Items in your shopping cart are not reserved and can be purchased by other Customers.

Except in the case where you cancel your order, the acceptance of your order and the conclusion of the contract between you and Histoire Sauvage will be effective from the moment we send you an e-mail confirming that the goods have been dispatched. The Sales Contract is concluded in Yvoir, Belgium, and the language of the contract is French.

The parties expressly acknowledge that forms of electronic communications constitute a valid agreement. Within the limits authorized by law, Histoire Sauvage may use all electronic documents in its possession to prove the existence of the Sales Contract. A simple, digital or qualified electronic signature is not required as proof.

Histoire Sauvage reserves the right to refuse your order in the event, for example, that we are unable to obtain payment authorization, that shipping restrictions apply to a particular item, that the ordered item is in out of stock or does not pass our quality control and is withdrawn from sale, or that you do not meet the eligibility criteria set out in Article 3 of these General Conditions of Sale.

Histoire Sauvage reserves the right to limit multiple quantities of a Product to be shipped to a Customer or mailing address. Each Customer agrees not to purchase the Products offered on the Website for the sole purpose of reselling them.

Histoire Sauvage also reserves the right to refuse the processing of a transaction or the provision of services to a Customer, at any time and in its sole discretion. We shall not be liable to you or to any third party for the removal of merchandise from the Website or the sale of merchandise, or for the removal, filtering, or modification of any material or content from the Website, or for refusing to process a transaction or for tracking or suspending any transaction after processing has begun.

5. Price

The prices of the Products presented on the Website are indicated in Euro (for Customers in the EU) and include VAT and other taxes. We reserve the right to change our prices at any time. However, we undertake to always apply the prices indicated on our Website at the time of your order. Price changes due to changes in VAT rates will be borne by the Customer.

The price of the individual Product does not include delivery costs and other additional costs. Histoire Sauvage will communicate these additional costs during the last step of the online ordering process. The price indicated in the order confirmation is the final price to be paid. Coupons and gift certificates cannot be combined with other offers, promotions or discounts displayed on the Website.

Any obvious error in the price, such as an obvious inaccuracy, can always be corrected by Histoire Sauvage after the conclusion of the sales contract.

The Customer must communicate in writing any complaint concerning the price or the payment within seven (7) calendar days after having received confirmation of the order. The filing of a complaint does not suspend the payments due.

If your credit/debit card is not denominated in euros, the final price will be calculated in accordance with the exchange rate applicable on the day your credit/debit card company processed the transaction.

6. Payment

We accept payment by Visa, MasterCard, American Express, Maestro debit cards, as well as any other payment methods clearly indicated on the Website. Histoire Sauvage may extend the methods of payment accepted at any time. Any new payment method will be clearly communicated on the Site.

By using a credit or debit card, you confirm that you are the holder of this card or that you have been authorized to use this credit or debit card by its holder. All credit or debit card holders are subject to validation and authorization procedures by the card issuer. If the issuer of your payment card refuses to authorize the execution of payment to Histoire Sauvage, we cannot be held responsible for the delay or non-delivery of the items.

We take all reasonable measures to ensure the security of online transactions. All transactions made using a credit or debit card on our Website are executed by Stripe, a secure online payment gateway that encrypts your bank details in a secure environment. If you are registered as a user, we store your bank details securely in our systems. This data is fully encrypted and is only used to process transactions initiated by you.

In addition, we take all reasonable precautions, within our control, to keep your order and payment details secure. However, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if an unauthorized third party accesses the data you provide while using the Website or when you place an order on the Website.

7. Insurance and Delivery

Histoire Sauvage bears the risk of transferring the Products until they are delivered to the address indicated. The delivery of the products constitutes the moment when the risk of damage and/or loss is transferred to the Customer. If you have indicated a recipient other than yourself for the purposes of delivery (for example in the case of a gift), you accept that their signature (or the delivery address) constitutes proof of delivery and compliance with the Wild History commitments, as well as the transfer of responsibility.

Please note that we do our best to dispatch all orders as soon as possible. Estimated delivery times are indicative only and begin to run from the date of dispatch. Histoire Sauvage cannot be held responsible for delays in delivery caused by procedures imposed by the customs service of the country of destination.

When you order a Product that is not in stock, we will let you know when the Product will be available again. In this case, the delivery period is suspended until the product is returned to stock.

For delivery, Histoire Sauvage uses external parties and reliable carriers. The use of external parties may have an impact on delivery. Following an undelivered order, an investigation is immediately opened with the carrier. This usually lasts several days, during which no refund or other shipment to the Customer will be made.

Histoire Sauvage declines all responsibility if the Product is damaged during transport or if the Product is delivered with a delay caused by the carriers.

It is the responsibility of the Customer to allow delivery to the address indicated, in the presence of the Customer or a third party designated by the Customer. It is necessary to speak of delivery as soon as the Customer or a third party designated by the Customer takes physical possession of the Products ordered. If the delivery fails due to a failure of the Customer or the third party designated by the Customer, the cost of the new delivery attempt will be entirely borne by the Customer.

8. Right of withdrawal

 

8.1 General

 

The Consumer has a right of withdrawal, in accordance with the Code of Economic Law. The right of withdrawal gives the Consumer the possibility of terminating the Sales Contract within fourteen (14) days of delivery if he is not satisfied with the Product. No obligation to justify or penalty is required. Histoire Sauvage nevertheless invites you to send us your comments in order to improve its services.

 

If the Consumer exercises his right of withdrawal in accordance with the legal conditions, Histoire Sauvage will reimburse him the amount actually paid for the Product within thirty (30) calendar days. This rule also applies to orders placed during promotional offers. The Consumer will receive a voucher with a value equal to the amount of the initial order, excluding return costs. The Consumer always has the right to refuse the voucher and to request a refund. In this case, the Consumer will receive a refund equivalent to the total value of the order. Return costs are offered by Histoire Sauvage. The refund will be made using the same method of payment as that used for the initial transaction, unless you have expressly agreed to another method of payment.

No additional fees will be charged for reimbursement.

 

Histoire Sauvage reimburses the shipping costs in the event of a return of the Product by sending a return label in response to a written return request by email to the email address nastasya@histoiresauvage.com.

 

9.2. Exceptions to the right of withdrawal

 

The consumer is not entitled to exercise his right of withdrawal if the supply of goods which are manufactured are made according to the specifications of the consumer or if they are clearly personalized.

 

9.3. How to exercise your right of withdrawal?

 

Please note that you can only exercise your right of withdrawal in accordance with the RVD if you formally notify us in writing within thirty (30) days of receipt of your order. The notification of withdrawal must be sent by e-mail to nastasya@histoiresauvage.com

 

The following information should always be clearly communicated:

· Date of order, date of receipt and date on which the right of withdrawal is exercised;

· Name and address of the Consumer;

Signature of consumer.

 

9.4 How to return a Product following the exercise of your right of withdrawal?

 

The Consumer who wishes to exercise his right of withdrawal must return the Products delivered to the following address: 194 Rue d'Anogrune 1380 Lasne Belgique [Address]. Products must be returned from the original destination country.

All Products must be returned to us unused, in their original condition, in their original packaging and with all Histoire Sauvage tags still attached. Items returned damaged or soiled cannot be returned and will be sent back to the consumer and/or a refund will be refused. When supplied, returned items must have straps and other branded packaging including authenticity cards, protective bags and leather tags.

The Consumer is responsible for any depreciation of the Products resulting from their handling beyond what is necessary to establish the nature, characteristics and functioning of the Products. Histoire Sauvage is entitled to charge the Consumer the costs of the depreciation on a pro rata basis. This, however, only after Histoire Sauvage has refunded the original purchase price to the consumer.

The Consumer must return the Product by a safe means of transport in order to ensure that the Product arrives in good condition. We strongly recommend that you insure your shipment as you are responsible for the condition of the items and will be held responsible for any damage to the items until they arrive at our warehouse. In the event of a dispute, we also recommend that you keep proof of postage.

 

10. Legal warranty

 

10.1 General

Each Consumer benefits from a legal warranty period of two (2) years. The Consumer may invoke the legal guarantee if the Products delivered do not correspond to the Product requested or ordered (non-conformity), insofar as the Customer was unable to establish this non-conformity at the time of receipt of the Product.

· If the Product is defective within the first six months of delivery, it will be presumed that the defect existed since delivery. Wild History can prove otherwise.

If the defect of the Product is detected more than six months after delivery, the Consumer must prove the non-conformity of the Product at the time of delivery.

The legal warranty is not applicable in the event of damage caused by normal wear and tear, accidental or intentional modifications made to the Product by the Customer, including improper and incorrect use, exposure to humidity, fire, earthquakes or other external causes.

Additional commercial guarantees are always possible in accordance with the general conditions and are always communicated expressly.

 

10.2 Complaints Mechanism

The Customer or the third party designated by the Customer is required to verify the conformity of the Products at the time of delivery. If the Product is affected by a visible defect, and the recipient notices this defect, he is required to file a complaint.

 

The Customer will communicate these complaints to Histoire Sauvage in writing and in an explicit, unambiguous and reasoned manner. This must be done within three (3) calendar days of delivery to the Customer or the third party designated by the Customer. It is the Customer's duty to provide sufficient reasons for this communication. In the absence of a (sufficiently) substantiated complaint, the Customer is not authorized to return the Products.

 

10.3 How do I return a product under legal warranty?

Each Customer is required to return the non-compliant Product to Histoire Sauvage within thirty (30) calendar days following the filing of the complaint for repair, replacement or reimbursement. Otherwise, the suspension of the legal warranty period will be considered void.

 

The thirty (30) calendar day period does not apply when it is clearly demonstrated that the Product is damaged following transport. In this case, the Customer must return the Product without delay and at the latest within three (3) calendar days.

 

The products must be returned to Histoire Sauvage, at the Consumer's expense, in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or valid proof of payment. Any breach of this obligation will result in a proportional reduction of the reimbursement.

 

Returning a Product is always at the Customer's risk. In all cases, we recommend a return by registered and insured to avoid the risk of loss or theft. This return must be made within seven (7) calendar days of the communication.

10.4 Repair or replacement

If the aforementioned conditions are met, the customer is entitled in the first instance to the free repair or replacement of the ordered products, if the situation permits. Please note that we will only replace the Product with the same item of the same size, subject to available inventory. If the Product cannot be repaired or if the same Product is not available, the Customer will receive a voucher for a value equal to the amount of the initial order. The Customer always has the right to refuse the voucher and to demand a full refund.

Histoire Sauvage is only liable for a refund if the repair or replacement no longer confers the same benefit for the Customer as the initial purchase. The Customer must communicate this reason in a clear and reasoned manner. Any compensation and reimbursement may under no circumstances exceed the amount invoiced to the Customer.

If the Products have been returned when the conditions were not met, Histoire Sauvage will send them back to the Customer. The costs of this shipment will be borne by the Customer. Histoire Sauvage may store the returned Products for the account and at the risk of the Customer, as long as the return costs have not been paid.

11. Intellectual Property

The use of our Website and its content does not give you any intellectual property rights over it, including the Histoire Sauvage software and all HTML codes and other codes contained in the site. "Intellectual property right" means copyright, design rights, trademark rights and all other intellectual property rights and other material rights in the content of the site. All content, including third party trademarks, designs and intellectual property rights cited or displayed on the Website are protected by national intellectual property and laws and other international treaty provisions. You may use content expressly authorized by Histoire Sauvage and/or its third party licensors. Any reproduction or redistribution of the content listed above is prohibited and may result in civil and criminal penalties. Without any restriction of the foregoing, copying and use of the materials listed above to any other server, location or support for publication, reproduction or distribution is strictly prohibited. However, you are permitted to make one viewing copy of the Content for your personal use.

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphic design, any photograph, including any image, sound, music, video, audio or text available on the Website. Histoire Sauvage tries to ensure that the information on the Website is accurate and complete. Histoire Sauvage cannot promise that the content will always be accurate and error-free. Nor can Histoire Sauvage promise that the functional aspects of the Website or the content will be error-free, or that the content or the server that makes it available will be free of viruses or other harmful elements. We always recommend that net users ensure that they have up-to-date anti-virus software.

12. Use of the Website

This Website is intended for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, product or service offered on the Website. You may not use this Website or its content for any commercial purpose, including but not limited to any advertising activity or the generation of advertising revenue on your own website.

You are personally responsible for your use of the Website and for all of your communication and activities that you do on or through the Website. If you are involved in prohibited activities, or in activities that are not respectful of other users or contrary to these General Conditions of Sale, access to the Website may be refused to you, temporarily or permanently.

13. Third Party Sites

On our Website, we may insert hyperlinks to other websites or resources operated by third parties other than Histoire Sauvage, including advertisers. Histoire Sauvage has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any pages on such external sites, nor for the availability of such external sites or resources. Histoire Sauvage does not bear any responsibility, directly or indirectly, for the privacy practices or the content of these external sites, including (but without limitation) any advertising, product or other material or service available on or from these sites or resources. nor for any damage, loss or infringement caused or alleged to be caused by or in connection with the use or reference to such content, product or service available on such external sites or resources.

14. Our relationship with you

Use of our Website does not create a joint venture, partnership, employment or agency relationship between you and Histoire Sauvage. Under no circumstances can the Customer be considered a representative, agent or employee of Histoire Sauvage. Therefore, Histoire Sauvage is not responsible for any representation, action or omission by you.

15. Force Majeure

If Histoire Sauvage is prevented, in whole or in part, from respecting its obligations towards the Customer due to an unforeseen circumstance beyond its control, it is a matter of force majeure. In this case, Histoire Sauvage is entitled to suspend its obligations for the duration of the force majeure.

16. Treatment of your personal data

The personal data provided by the Customer is necessary for the processing and execution of orders, as well as for invoicing and warranty contracts. If this information is missing, the order will inevitably be cancelled. The communication of false or erroneous personal data is considered a violation of these General Conditions of Sale. We always process your personal data in accordance with our Privacy Policy, which can be viewed on our Website.

17. Applicable law and competent courts

These General Conditions of Sale, our other policies and procedures are governed by Belgian law and interpreted in accordance with it. The application of the Vienna Convention is expressly excluded.

All disputes related to or arising from Histoire Sauvage offers or agreements concluded with it are submitted to the Courts and Tribunals of the judicial district of Walloon Brabant (Belgium).

Consumers also have the possibility of submitting their dispute concerning the General Conditions of Sale to an independent dispute resolution body.
For more information on this alternative dispute resolution, we invite you to consult the following site:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show