Welcome to the general conditions page of the www.thebool.eu online store!

The items and products available at http://www.thebool.eu are designed and produced by the société anonyme Delta Diffusion SA, with registered address Chaussée de Namur 39, boîte 6, 1457 Nil Saint Vincent, Belgium, CBE registration n° 0439.626.071.

"the bool" is a trademark owned by Delta Diffusion SA.

These conditions have been in force since 1 December 2010.

1. What is the scope of this document?

It describes the legal conditions of online transactions at the http://www.thebool.eu web site.

It observes legislation in force in Belgium and Europe, particularly the laws on remote sales and e-business and protection of personal data (Belgian Consumer Protection Law of 12 April 2010).

This document is available in French, English and Dutch. In the event of any problems relating to interpretation, the French version will prevail.

You must read these conditions and state that you accept them in order to make online transactions.

2. Applicability

These conditions apply to all transactions relating to offers and acceptances and/or sales contracts binding a legal entity acting in its own name or on behalf of a third party, whether or not on a professional basis (the Buyer), and SA Delta Diffusion (the Vendor), through the latter's Internet site (www.thebool.eu).

The thebool.com site does not sell or deliver its products outside the European Union, Switzerland and Norway.

No other contractual provisions will be binding on the parties if they are not covered by a specific written document and reference.

3. Online contract

Online ordering process: brief description

Buyers notify their details, and define their choice.

They then notify their credit card details.

They are asked to explicitly confirm all their order details on a confirmation page.

The online ordering process cannot produce any legal effect if the potential buyer has not explicitly accepted these conditions and Delta Diffusion's privacy policy.

The vendor configures its system in such a way as to enable buyers to familiarise themselves with the aforementioned documents at all times during the ordering process, and at any rate prior to confirmation by the buyers of their order details.

Security - errors - filing

The sales process is carried out within the secure framework of an encrypted connection (SSL connection).

The vendor configures its system in such a way as to enable buyers to correct any errors made while completing the forms.

The vendor also takes charge of the conservation and filing of all relevant documents in connection with transactions carried out online.

Creation of the Contract

The order confirmation e-mail sent by the vendor merely constitutes a summary of the order details. It has no specific legal significance.

It must be followed by a second e-mail from the vendor, sent after verification by OGONE of the credit card details. The vendor's second e-mail, known as the sales confirmation e-mail, which also stipulates the conditions for return and reimbursement of goods, constitutes acceptance in the legal sense of the term, and this acceptance creates the sales contract.

Each separate order will constitute a separate contract subject to these conditions.

The Vendor is fully entitled to refuse to confirm an order for any motive it deems reasonable.

Localisation of the Contract

In the absence of any written provision to the contrary, all contracts drawn up online will be subject to these conditions, and will be deemed to have been drawn up at the registered address of the vendor, i.e. Nil Saint-Vincent, Belgium.

4. Delivery - Force Majeure

The dates of dispatch and delivery are indicative data. The vendor nevertheless undertakes to do all possible to deliver the goods within 30 days of the sales confirmation e-mail.

The vendor cannot be held liable for any failure to carry out its obligations caused by an instance of force majeure.

The vendor is entitled to carry out partial deliveries. It cannot accept any liability in the event of erroneous indications of the delivery address by the buyer.

5. Guarantee - Defects - Reimbursement

No guarantee is provided in relation to the usage and utility expected by the Buyer of the item sold.

The Buyer must notify any apparent flaws and any non-conformities within 2 business days of delivery. Hidden flaws must be reported within 30 days of their discovery, and in any case not more than 90 days after delivery.

All claims not made within these deadlines will be inadmissible.

No goods may be returned to the Vendor without its agreement in writing.

The Buyer may be reimbursed within a reasonable period of time if the flaw affecting the item sold has been demonstrated and if the Vendor does not opt for repair or exchange.

6. Limitations on the guarantee

The Vendor cannot be held liable for any direct or indirect damage arising from usage of the item sold, even on the assumption that the possibility that such damage may arise has been notified. Deprivation of enjoyment of the item sold, loss of data, loss of profits and increased costs and expenses, including operating losses, loss of business etc. are specifically excluded from the guarantee.

7. Price - Transportation - Taxes

The price is stipulated in Euros. The Vendor reserves the right to modify its prices at any time, although products will be invoiced on the basis of the rates that were in force at the time of the order and stipulated in the order confirmation e-mail.

Delivery costs are included in the sales price in the following countries, provided these are mainland dispatches (islands excluded): Belgium, Germany, the Netherlands and the United Kingdom.

In other cases, transport and delivery costs are determined on a case-by-case basis by the Vendor, and are borne by the Buyer.

Information on these specific costs is available in a summary table at www.thebool.eu/faq.

The Buyer pays all duties and taxes applicable to the sale, including VAT.

8. Retention of Ownership - Transfer of Risk

The vendor remains the owner of the item sold until it has been paid in full.

The risk of the item sold is transferred to the Buyer when it is delivered to the carrier.

9. Right of Withdrawal

Pursuant to Belgian legislation and the principles of European law governing remote sales, consumers (individuals) may cancel their original orders without stating any reason and at no cost within 14 days of delivery.

In this case, reimbursement will be carried out in full within a reasonable period of time, provided the Buyer has notified this decision in writing or by e-mail (info@thebool.eu) to the Vendor.

Any costs of returning the goods are borne by the Buyer, who also undertakes to return the products concerned as new and in their original packaging, also in perfect condition.

10. Payment

Payment is effected by credit card or home banking exclusively through the OGONE company's securised services.

11. Intellectual property

The Vendor is the owner of all intellectual property rights concerning the item sold, the site contents and configuration, and also the domain name.

The Vendor will not take any responsibility for infringement if the item sold has been associated with other products by the Buyer.

12. Data Protection

The Vendor collects, uses and diffuses personal data concerning the Buyer for the sole purpose of carrying through the order.

In any event, the Vendor is governed by Belgian law and the http://www.thebool.eu/privacy site included with respect to these conditions.

The Buyer may not place a valid order without accepting the terms of the Privacy Policy.

Any queries concerning data protection or any requests for rectification may be addressed to privacy@thebool.eu.

13. Consumer Rights

These Conditions were drawn up pursuant to Belgian law, and are updated on a regular basis. If any clause in these Conditions is found to be contrary to Belgian legislation governing consumer protection, the latter will prevail.

14. Modifications

These general Delta Diffusion e-business conditions - constituting version 01 - may be unilaterally modified by Delta Diffusion, and are immediately applicable as soon as they are posted on the site. Users of the site must conduct regular checks for the publication of any new versions.

These conditions constitute the only agreement between the parties, and thus replace any other document or agreements drawn up previously.

15. Laws Applicable - Court Jurisdiction

These conditions are subject to Belgian law and, in the event of legal disputes, to the courts of the legal jurisdiction of Nivelles.