General Conditions of Sale : www.ornibird.com

 

Article 1. Preamble
Article 2. Terminology
Article 3. Registration of personal data
Article 4. Protection of the private life
Article 5. Terms of price
Article 6. Delivery : prices and terms and conditions
Article 7. How to order
Article 8. Terms of payment
Article 9. Security of electronic funds transfers (EFT)
Article 10. Waiver of right
Article 11. Guarantees and after sales service (SAV)
Article 12. Responsibility
Article 13. Copyright
Article 14. Full
Article 15. Duration
Article 16. Proof
Article 17. Conservation and archiving of transactions
Article 18. Applicable law and jurisdiction
Article 19.Product information

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Article 1. Preamble.

 

The present conditions are concluded between, on the one hand, the company Ornibird as a natural person registered with the Crossroads Bank of Enterprises in Belgium under number 0886814184 and located at 5590 Achêne | 23A, Rue du Polissou, here after designated under the commercial sign "Ornibird" and, on the other hand, persons wishing to make a purchase via the website of Ornibird https://www.ornibird.com hereinafter referred to as "the user".

 

Identification

Physical person :

Mr Courbois Cedric, Georges, Ghislain

Street Polissou 23A

5590 Achêne

Belgium

0032 83 33 33 30

Registration in the BCE of Belgium under the DO : 0886814184

VAT: BE 0886 814 184

Registration to the DGFP to France under the number of SIREN : 828344192

SIRET number : 828 344 192 00012

TVA FR 64 828 344 192

 

Commercial sign: Ornibird

Name : Ornibird.com - All for your Birds

Logo and Symbol :

           

Internet Sites :

• www.ornibird.com
• www.ornibird.be
• www.ornibird.fr
• www.ornipets.com
• www.ornicat.com
• www.ornidog.com
• www.ornipoultry.com
• www.ornirodent.com
• www.ornireptile.com
• www.ornifish.com
• www.ornihorse.com

E-mail : infos@ornibird.com

                       

General

 

The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the site.

 

If a condition had suddenly been lacking, it would be considered to be governed by the uses in force in the sector of the remote sale whose companies have seat in Belgium.

 

The non-application of one or more provisions of these terms may never be seen by the customer/buyer as a waiver of these terms and conditions.

 

The present conditions aim to define the terms of sale between Ornibird and the user, from the order to the services, including payment and delivery.

 

They regulate all the stages necessary to the placing of the order and ensure the tracking of this order between the contracting parties.

 

Any user of the site who is not the holder of a customer account must follow a procedure of inscription allowing him to obtain, subsequently, his / her customer account.

 

In all cases, the final validation of the order implies the acceptance of it, in its entirety and at the price indicated by the user.

 

This validation is worth signature and express acceptance of all operations carried out on the site.

 

Article 2. Terminology.

 

The services offered by Ornibird on its website, namely the sale of products for animals will be hereinafter referred to as the " services Ornibird ", each person wishing to avail of the services of Ornibird and having satisfied the terms and conditions of sale will be hereinafter referred to as a " client ", each company having mandated Ornibird to sell a product belonging to him on his site will be referred to as a " provider ", each order placed by a customer in accordance will be hereinafter referred to as " the order ".

 

Article 3. Registration of personal data.

 

Any natural or legal person, which is recorded during a visit to the Internet site "www.ornibird.com" as a potential contracting party of Ornibird communicates by registering his personal data to Ornibird.

 

The registration involves the explicit consent that the identification data may be processed in the data file Ornibird. Only legal entities or natural persons with the full capacity of right and action can save.

 

During the registration process, the person or entity receives a user id and choose a password. These information are confirmed by the automatic sending of an e-mail summary by Ornibird to the client.

 

The customer is responsible for the confidentiality, security and the use itself of his id and password.

 

Any use of the user id and password for a specific customer is assumed to have been made by this customer.

 

Ornibird may make it impossible to use the same login id and password temporarily or permanently, if it appears that the client fails to observe one or more provisions of these general terms and conditions.

 

The person responsible for the processing of personal data of the client is: "Ornibird" infos@ornibird.com

 

The processing of these personal data in the data file Ornibird occurs for the purpose of customer administration, managing orders, deliveries, billing of services, tangible and intangible, of the monitoring of the creditworthiness, of the advertising in the middle of the profile, personalized treatment and marketing.

 

Article 4. Protection of the private life.

 

Principles relating to the collection of personal data.

 

In principle, the access to the information available on or through the site Ornibird is accomplished without having to provide personal data, such as name, mailing address, email address,...

 

Exceptionally, in order to obtain additional services (information request, reservation, member space, subscription to a newsletter...) it is possible that personal information, basically contact details, will be requested from the user. In this case, the user is notified in advance and the data are processed in accordance with the provisions of the directive 2002/58/EC concerning the processing of personal data. Concretely, this means in particular that:

 

Your personal data will not be collected and processed in accordance with the purposes indicated during their collection.

 

At any time you have the right to access and correct these data as well as the right of opposition, in order to verify their accuracy and to correct any errors. For this please send us an e-mail to infos@ornibird.com providing your contact information.

 

Use for statistical purposes of information relating to the navigation.

 

When you access the site, the servers consulted automatically collect the following data:

 

- the IP address that is assigned to you during your connection;

- the date and time you access the site;

- the pages consulted;

- the type of browser (browser) used;

- the platform and/or the operating system installed on the PC;

- the search engine and the keywords used to find the site.

 

This information is kept only for the purpose of measuring the number of visitors to the different sections of the site and to make improvements.

 

The use of cookies. With the aim of facilitating your navigation on the site and to optimise technical management, Ornibird may occasionally be led to use "cookies".

 

A "cookie" is a small piece of information saved by a website within the Internet browser of your computer. This "cookie" can be recovered during a later visit on this same site. The "cookie" cannot be read by a website other than the website that created it. The site uses "cookies" for administrative purposes, for example, to record your preferences for certain types of information, which will prevent you from having to repeat the same keyboard entries during each visit to our site.

 

Most "cookies" work only for the duration of a session or visit. None of them contains information making it likely that you can be contacted by phone, email or postal mail. It is also possible to configure your browser to inform you each time a cookie is created or to prevent their recording.

 

Article 5. Terms and conditions of the award.

 

All information relating to products, such as less prices are included in the descriptive sheet corresponding to each product.

 

The selling price of each product presented on the site of Ornibird is expressed in euros. It is a price that includes VAT (where applicable). The costs of any delivery charges (See ART.6 of the conditions of sale) and extended warranty are not included in the base price.

 

Sales without a T. V. A. to non-taxable persons to the T. V. A. are only possible to the extent that the supporting documents are to be produced in advance.

 

The price paid by the buyer, hereinafter referred to as total price, is also explicitly stated as such in the ordering itself.

 

For any questions regarding the terms of price, the customer has to just send an email to infos@ornibird.com

 

Article 6. Delivery.

 

Your purchases are packaged with great care, using protective materials. The attention we pay to packaging, allows us to propose a delivery in the best conditions. The products shipped are insured against deterioration and robbery, during the whole duration of the transport. Therefore, you must make sure of the integrity of your order and all items that compose the receipt of the parcel and in the presence of the person who performs the delivery in order to make a reservation if necessary. In the event that you have any doubt of the condition or the content of the command, you are required to refuse the goods at the date of receipt thereof. Any product refused must be returned to the carrier in its entirety and in its original packaging.

We offer two carriers on our site for the shipment of your order.

Mondial Relay: parcel is delivered to a pickup point near you, usually a bookstore, grocery store, trade,... an email or A SMS is sent automatically as soon as the availability of your parcel in the point Relay selected at the order-taking. You have a period of 14 days to receive your parcel.

 

Bpost: The parcel is sent directly to the address selected by the client, usually at his home. In case of absence, a transit advice note is deposited in your mailbox. The first time, a phone number will allow you to set a new time of delivery. If by bad luck, the second attempt fails, you will have a period of 7 calendar days to collect your parcel at your Post office regional. After 15 days, the parcel will return to the filing of Ornibird (Rue Jules Hénault, 10 4260 Fallais, Belgium).

 

Any loss of parcel :

 

Despite the computer tracking of our shipments, it may be very exceptionally that a parcel is lost. In this case, we invite you to contact our customer service by Email : infos@ornibird.com

 

The following cases of force majeure such release the company Ornibird from its delivery obligation: war, revolt, fire, strikes, accidents and impossibility of being supplied by the suppliers, or carriers to normal.

 

In the following cases in particular, Ornibird may temporarily suspend the delivery: disturbances of the internal network, disruption in telecommunications, disruption in terms of access (problem) to the Internet, and the like. The performance of the contract is suspended until it is remedied the fault and/or that access to the Internet is restored without the purchaser being able to invoke the dissolution of the contract and/or damages.

 

For any questions regarding delivery, please send us an email to infos@ornibird.com.

 

Article 7. Terms and conditions of the order.

 

The order is placed by the client to Ornibird through the Internet site. The order can be registered on the site only if the user has clearly identified himself :

 

- by entering their client id, which is strictly personal.

- or by completing the registration form, to enable him to obtain the assignment of a client identifier to be sent by confirmation mail.

 

Any order is worth acceptance of the prices and description of products available for sale. (See ART.5 of the terms and conditions of sale). By placing an order online, the customer indicates explicitly want to enter into a contract of sale with Ornibird and agree with these terms and conditions. The client is informed of the confirmation of the order by e-mail, hereafter e-mail confirmation, which summarizes the terms of the order. Ornibird undertakes to honour the orders received on internet site only within the limit of available stocks of products. In the absence of availability of the product, Ornibird undertakes to inform the customer faster. In the case of replenishment, Ornibird has a period of 7 working days to be restocked, but this time, is given for information purposes only.

 

The contract of sale between Ornibird, on the one hand, and customer, on the other hand, is thus born at the time of acceptance of the order by Ornibird.

 

For any questions regarding the terms of the order, the customer has to just send an email to infos@ornibird.com.

 

Article 8. Terms of payment.

 

In order to process orders in the shortest possible time and provide the best service, Ornibird invites the customer to pay the purchase price at the time of placing the order. In the case of waiver of the order (See ART.10 of the terms and conditions of sale), Ornibird is obliged to refund the sums paid by the customer, without compensation. The cost of returning the package shall be borne by the customer (See ART.10 of the terms and conditions of sale). The purchase price is paid when ordering via the server Hipay or Paypal (See ART.9 of the terms and conditions of sale) which Ornibird is to call the customer's bank details are encrypted and securely transmitted :

 

- Either by the indication of the type of payment card (Visa, Eurocard, Mastercard), the number of the payment card, its expiry date and its potential visual cryptogram by the explicit debit the account of the holder of the payment card;

- Either by Home Banking (ING Home'pay, Dexia NetBanking and Dexia Direct Net, KBC Online and CBC Online).

- Or by Bancontact / Mistercash for the customers of the banks FORTIS, DEXIA, ING.

- By wire transfer / bank transfer national or international with any type of account or PC Home Banking (Dexia, Ing, CBC/ KBC, Fortis, Axa, La Poste, Rabobank, global accounts...)

 

Authorization : the money is booked-blocked on the account of the buyer, waiting to either be transferred to the account of the merchant in a second stage (data capture) or released when the authorization is cancelled. NB: The payment deferred and authorization followed by "data capture" is only possible for payments made by credit card.

 

For any questions regarding the terms of payment, the customer has to just send an email to infos@ornibird.com.

 

Article 9. Security of electronic transfers of funds.

 

The procedures of transaction on the retailer's web site to Ornibird operate with the payment service provider of highly secure Hipay or Paypal.

 

As experts in security, payments, Hipay and Paypal ensure that all sensitive data are transmitted and stored according to the safety standards and the highest quality.

 

Operation :

 

1. The client connects to the web site of Ornibird, selects items to place in their "shopping cart" and expresses its readiness to place the order.

2. The customer, after registration between the contact details for delivery and billing. The total amount of the order including all taxes and port charges are given to him.

3. After having received a complete summary of the order, the customer confirms its intention to proceed to the checkout.

4. The client is redirected transparently to the website of Hipay or Paypal, where he enters his payment settings (payment method, home banking, credit card number,...)

5. Payment is required to the financial institution concerned.

6. The client receives the result of the transaction he or she can print and keep as proof authentic.

7. Ornibird carries out the treatment in after-sales, automated, and sends the package to the customer.

 

When the time came to enter the parameters of payment, the customer is automatically redirected to the website of Hipay or Paypal. The exchange of sensitive information -such as credit card number - is therefore made between the client and the website of Hipay or Paypal; Ornibird does not have any knowledge. Not only is this mechanism preserves the confidentiality of the information vis-à-vis Ornibird, but it allows to incorporate new payment methods without requiring programming changes to the merchant's website.

 

In addition, all transaction costs (commissions of different financial institutions) are fully supported by Ornibird.

 

At the end of the payment process, the hand is returned to the merchant's website so that it can run the processing "after the sale" of his choice (stock update, ability to download an intangible asset, etc.).

 

This system offers all the advantages for the payments on the retailer's web site to Ornibird :

 

- The confidential information are protected using the technologies SSL and SET. No information of this type passes in the clear over the network.

- Ensure the confidentiality of payment data (including credit card numbers).

- The merchant or the applications of the merchant's website do not have knowledge of the credit card number of the buyer.

- All communication between the browser client and Hipay or Paypal can be done using the techniques of encryption SSL 128-bit. It is not possible for the client to use a browser that does not support this technique of encryption. Hipay and Paypal are protected by various firewall systems and protocol conversions to prohibit access to data or payment processors by unwanted visitors.

 

Article 10. Right of waiver.

 

The buyer has the right to notify Ornibird that he renounces the purchase without paying a penalty and without giving any reason within 14 business days from the day following the delivery of the order.

 

As a reminder of our delivery terms and conditions ! Your purchases are packaged with great care, using protective materials. The attention we pay to packaging, allows us to propose a delivery in the best conditions.

 

The products shipped are insured against deterioration and robbery, during the whole duration of the transport. Therefore, you must make sure of the integrity of your order and all items that compose the receipt of the parcel and in the presence of the person who performs the delivery in order to make a reservation if necessary.

 

Ornibird will not respond to the waiver by the buyer that if the original product packaging is intact, especially if sealed and the product itself have not been used or damaged.

 

The notification of the buyer must take place by e-mail ( infos@ornibird.com ). On this occasion, and as soon as the buyer has met the deadline as described in the paragraph above, it will be given a return authorization number. In the case of parcel return and after having notified Ornibird by mail within the time frames described above, the return postage costs are always borne by the customer. It is also advisable for the client to work with the services of the Post office for secure delivery and warranty. The customer will be asked to protect with the greatest care returned items.

 

To make your life easier when you return an item, Ornibird offers to pay you back by transfer on your bank account. To take advantage of this convenient service, safe and quick, you just need to enter your bank account number on the packing slip that accompanies the returned items. We will make the transfer as soon as possible (maximum 30 days) following the time when Ornibird will have taken in actual knowledge of the will of renunciation, and after the products have been returned to Ornibird. The cost of mailing a package are not refunded. If the package was sent free of charge, the shipping costs will be deducted from the refund amount.

 

In the event of abusive returns, Ornibird reserves the right to refuse an order later.

 

For any questions regarding the terms of the waiver, the customer has to just send an email to infos@ornibird.com.

 

Article 11. Guarantees and after sales service (SAV).

 

The items sold benefit from the legal guarantee of 2 years for electronic devices, such as described in the act of 1 September 2004, an act relative to the protection of consumers in case of sale of consumer goods.

 

In the case of an order exchanged or a return the shipping charges or item(s) are the responsibility of the customer and will not be taken care of by our company.

 

Whatever the issue with your article, you must attach with the defective product with a copy of the invoice, the guarantee thereof (present in the box) and the right of return.

 

Attention, the guarantee does not apply to the repair of damage resulting from a cause external to the device (for example, accident, shock, lightning, a power fluctuation, the replacement of consumables such as batteries, light bulbs, fuses, etc.). Or fault of the customer resulting for example from a job or installation not in accordance to manufacturer's specifications, a use detrimental to the good conservation of the device, its use is of a commercial nature or collectively, use of peripherals, accessories or consumables misfits.... We invite you to this regard to consult carefully the instruction manual supplied with the products.

 

In the case of products not conforming to the information given during the presentation of the products on the site or with hidden defects, they will be replaced or refunded depending on the availability of similar products and the willingness of the client. The items receiving a guarantee will be returned only if accompanied by the delivery note. If the product cannot be replaced due to lack of stock, you will receive a gift voucher to the value of your purchase price credited to the shop Ornibird.

 

Are also excluded from warranty products modified, repaired, integrated or added by the customer or any other person not authorized by the Supplier. The warranty does not apply to apparent defects. The warranty will not cover products damaged by improper use.

 

All returns must be authorized in advance by Ornibird with the awarding of a return number. The client should make the request to infos@ornibird.com after written acceptance of Ornibird.

 

Article 12. Responsibility.

 

The company Ornibird, under the commercial sign Ornibird, has, for all stages of website access, order process, delivery or subsequent services, an obligation of means.

 

The responsibility of Ornibird cannot be held liable for all inconveniences or damages inherent to the use of the Internet network, in particular a rupture of service, external intrusion or presence of computer viruses, or any qualified occurrence of force majeure, in accordance jurisprudence.

 

Ornibird will not be held liable for damages of any nature, whether material, immaterial or physical, who could result from a bad functioning or misuse of the marketed products. It is the same for the possible modifications of products resulting from the suppliers. The responsibility of Ornibird will, in any event, limited to the amount of the order and cannot be blamed for simple errors or omissions which could subsist despite all the precautions taken in the presentation of the products.

 

Ornibird will not be held liable to a customer or a third party, for any indirect damage, any operating loss, profit or turnover, caused in any manner whatsoever.

 

Without limiting the previous paragraphs, the liability of Ornibird to the terms of these general conditions may not exceed an amount equal to the amounts paid or payable during the transaction at the origin of said responsibility, whatever the cause or form of action concerned.

 

Ornibird cannot be held responsible for the inexecution of the contract concluded in case of stock rupture or product unavailability, force majeure, disruption or total or partial strike in particular postal services and means of transport and/or communications, flood or fire.

 

Ornibird undertakes not to disclose to third parties the information provided by customers on the site. Those are confidential. They will be used by its internal services only for the processing of your order and that to reinforce and personalize the communication including letters / emails of information as well as in the framework of the personalization of the site according to the users preferences. Ornibird can provide consolidated statistics about its customers, sales, trade patterns and related site information to reputable third parties, but these statistics will include no personal data.

 

Ornibird undertakes not to sell, do not sell and do not rent to third parties information about its customers.

 

Article 13. Copyright.

 

Legal Information - website Terms of use

 

The use of the site Ornibird is subject to compliance with the terms and conditions described above. By accessing this site, you represent that you have read and accepted, unreservedly, these general conditions of use.

 

Quality of information and service, limitation of liability

 

The hypertext links present on the portal site of Ornibird and directing users to other websites do not engage the responsibility of Ornibird for the content of these sites. The client will comply with their conditions of use.

 

Intellectual property rights

 

The texts, layouts, illustrations and other elements constituting the site are protected by copyright or, in the case of databases, by a specific law. All these elements constitute the property of Ornibird or, where appropriate, third from which Ornibird has obtained the necessary authorizations.

 

Unless otherwise stated, textual or numerical information appearing on the site may be used free of charge but subject to citing the source and only for a purpose that is neither commercial nor advertising. By cons, any reproduction for commercial or advertising nature of this information, as well as all forms of use and reproduction of other elements of the site, such as graphics, images, sounds or computer applications, are strictly prohibited without prior authorization. Any such request should be addressed to the management of Ornibird ( infos@ornibird.com).

 

Creation of hyperlinks to the site

 

Ornibird authorises the creation without prior request of surface links (surface linking) that return to the home page of the portal site or any other page in its entirety. By contrast, recourse to all technologies aimed at including all or part of the portal site in another website by hiding, even partially, the exact origin of the information, or which could lead to confusion as to the origin of the information, such as framing or in-lining, requires the written permission of Ornibird. Any such request should be addressed to the management of Ornibird ( infos@ornibird.com).

 

The information transmitted

 

Do not transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other information that could lead to civil or criminal liability under the law of the Territory to which this site refers.

 

Article 14. Full.

 

In the case where one of the clauses of the present contract would be null and void by a change in legislation, regulation or by a court decision, this does not in any way affect the validity and compliance of these terms and conditions of sale.

 

Article 15. Duration.

 

The present conditions apply throughout the duration of online services offered by Ornibird.

 

Article 16. Proof.

 

The computerized registers, preserved in the computer systems of the company Ornibird and its partners in conditions of reasonable safety, will be considered as proof of communications, orders and payments between the parties.

 

Items sold by Ornibird shall conform to the description and to the presentation data in the catalog. In spite of all our precautions, errors may have been drag in this catalog. In no case we could not be engaged because of this.

 

Article 17. Conservation and archiving of transactions.

 

The archiving of order forms and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy. All our data are hosted on a shared server in Switzerland.

 

Article 18. Applicable law and jurisdiction.

 

These terms and conditions are subject to belgian law. In case of dispute, the customer will address himself by priority to Ornibird to obtain an amicable solution. Otherwise, only the courts of the judicial district of Namur are competent, whatever the place of delivery and accepted payment methods.

 

Article 19. Informartions on the products

 

On simple request by e-mail to infos@ornibird.com we can inform you about the expiry date and the batch number of each product.

# General Conditions of Sale dated as of April 14, 2017.