General conditions of sale

This website www.vebiva.be hereinafter referred to as the "Site" is published and managed by Veronica Rizea (hereinafter "Ve.Bi.Va."), registered with the Crossroads Bank for Enterprises in Belgium under number 0804.339.341, whose registered office is located at Boulevard Belgica 18 in 1080 Brussels, with intra-community VAT number BE0804.339.341 and bank account number IBAN: BE79 9502 4048 2533 with Beobank.

The coordinates of Ve.Bi.Va. are as follows: 

• Telephone number : +32 485 66 35 84.
• E-mail : atelierphotophore@gmail.com

These general terms and conditions of sale (the “General Terms and Conditions”) are entered into between Ve.Bi.Va. and any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or professional activity, wishing to make a purchase on the Site (hereinafter the “Buyer”) (hereinafter referred to together as the “Parties”).

Placing an order on the Site implies prior consultation of these General Terms and Conditions, which are available on the Site. Before confirming their order, the Buyer is asked to check the box indicating that they have read and accepted these General Terms and Conditions. Checking this box implies full and complete acceptance of these General Terms and Conditions. The Parties therefore agree that their relationship is governed by these General Terms and Conditions.

Ve.Bi.Va. reserves the right to modify these Terms and Conditions at any time, on an ad hoc basis, and without prior notice, by publishing a new version on the Website. The Buyer may not, under any circumstances, modify these Terms and Conditions. The applicable Terms and Conditions are those displayed on the Website at the time the Buyer places the order, unless the Buyer expressly agrees to the application of the new Terms and Conditions.

If one or more provisions of these General Terms and Conditions are rendered invalid under Belgian law or a court decision, the other provisions shall remain in force.

Orders can be placed in English. These General Terms and Conditions are available in English.

When an order is complete, a summary is sent to the email address provided by the Buyer, allowing them to save it. The order is also archived by Ve.Bi.Va.

To place a valid order on the Site, the Buyer must be at least 18 (eighteen) years old and have the legal capacity to enter into a contract, or, if under 18 (eighteen) years old, have parental authorization to place an order on the Site. The Buyer therefore declares that they have the capacity to enter into this contract and are not under guardianship. Ve.Bi.Va. reserves the right to request proof of age or parental authorization from any Buyer and to refuse to fulfill the Buyer's order if the Buyer fails to provide such proof.

When the Buyer provides Ve.Bi.Va., via the Website, with their contact information necessary for the delivery and invoicing of the product(s) [as defined below], they must ensure the accuracy and completeness of the information they provide. In the event of an error in the recipient's contact information, Ve.Bi.Va. cannot be held responsible for the inability to deliver the ordered product(s) [as defined below].

Ve.Bi.Va. reserves the right to cancel an order (for a refund) which is presumed not to meet the above conditions, without incurring any liability.

The products of the Ve.Bi.Va. brand or any other product offered for sale by Ve.Bi.Va. (hereinafter referred to as the "Product(s)") are those present on the Site on the day of the Buyer's order. Ve.Bi.Va. will strive for the greatest possible accuracy in the presentation and description of its Products on the Site.

The photographs and descriptions of the Products are provided on the Site for illustrative purposes only and are not contractually binding. Ve.Bi.Va. cannot be held liable for any errors or omissions in this presentation. Ve.Bi.Va. will fulfill orders placed by the Buyer subject to availability and will make every effort to ensure the availability of Products offered for sale on the Site.

The Buyer freely selects one or more Products on the Site and adds them to their "shopping cart". Before proceeding with the purchase, the Buyer enters their contact information, chooses the delivery method and the payment method. They can also enter a promotional code and add a comment.

Throughout the ordering process, the Buyer can correct, modify, cancel, or delete items in their order at any time. Before proceeding to payment, the Buyer has the opportunity to review their order details and total price online, and to correct any errors they may have made while placing their order up to the point of payment.

Before proceeding with the purchase, a summary displays the main characteristics of the Product(s), the delivery times and methods, as well as the total price of the Product(s), including taxes and delivery charges, in accordance with Article 5 of these General Terms and Conditions. In some cases, however, additional charges may apply. Only this summary is contractually binding (hereinafter the "Summary"), subject to Articles 4, 6, and 9 below.

When the Buyer clicks on the "Pay for order" button, he explicitly acknowledges that he is closing the order, that he is bound by an obligation to pay, and that the information provided is accurate and complete.

Once the payment has been validated (see article 6 below), the Buyer will receive an email from Ve.Bi.Va. acknowledging receipt of the order and summarizing the details of the order he placed, at the email address he provided.

In the event that, despite the vigilance of Ve.Bi.Va., one or more Product(s) ordered by the Buyer are(s) unavailable temporarily or permanently, Ve.Bi.Va. will inform the Buyer by email. Feedback

The Buyer will then have the option to modify or cancel their order by email addressed to atelierphotophore@gmail.com no later than 15 (fifteen) business days after being notified by Ve.Bi.Va. If applicable, Ve.Bi.Va. undertakes to modify the order or reimburse the Buyer whose payment has already been debited, later than 15 (fifteen) days after the date of modification or cancellation of the order. No additional compensation will be paid by Ve.Bi.Va. to the Buyer.

If the Buyer does not react within 15 (fifteen) days, Ve.Bi.Va. will cancel all or part of the order and refund all or part of the amounts paid.

The prices of the Products indicated on the Site are in Euros (€) for deliveries and are inclusive of all taxes. They do not include delivery charges or any applicable local import taxes which cannot reasonably be calculated in advance within the meaning of Article VI.45, 5° of the Code of Economic Law.

Shipping costs depend on the destination of the product(s). They are calculated automatically and clearly indicated in the order summary before payment by the buyer. These shipping costs do not apply to deliveries to islands, which are determined on a case-by-case basis. In certain circumstances, delivery restrictions may apply.

In the event of withdrawal, the costs of returning the Product(s) shall be borne by the Buyer (see article 10 below).

In the event of promotions or discounts, these will be applied to the Buyer's order if they meet the eligibility requirements and have correctly entered the promotional codes at the time of ordering. The Buyer may only use one promotional code. Promotional codes cannot be combined.

Ve.Bi.Va reserves the right to modify the prices displayed on the Site at any time without prior notice. The prices applicable to the Buyer's order will be those indicated in the Order Summary before the Buyer confirms their order on the Site.

The Site allows secure payments by credit cards, VISA, Mastercard, Maestro, Bancontact, Amex.

No banking information is stored on the server, and https://www.vebiva.be/ has no access whatsoever to the Buyer's bank details: payments are processed through an external electronic payment platform, Stripe Payments Europe Limited, which guarantees a high level of security for transactions made on the Site. Stripe Payments Europe Limited's terms and conditions can be freely consulted here:  https://stripe.com/fr-be/legal/ssa

The Buyer acknowledges that the electronic payment platform used is responsible for the entire payment process. The Buyer warrants that they have the necessary authorizations to use the chosen payment method and declares that they have reviewed the supported payment methods and currencies. In some cases, for security purposes, the Buyer may be redirected to third-party payment platforms, including banking institutions.

If the Buyer pays with a foreign credit/debit card, it must be valid for international transactions. Any commission or other payment-related cost charged to the Buyer by a third-party payment provider will be the Buyer's responsibility.

When payment is made by the Buyer, the order is validated and becomes final, without prejudice to the right of withdrawal provided for in article 10 below and within the limit of available stocks (see article 4 above).

The Buyer expressly acknowledges that the transmission of his or her bank details (name and surname, card number, expiry date and cryptogram) constitutes authorization to debit his or her account up to the total amount due for the order.

The account will generally only be debited once the order has been shipped to the Buyer, to avoid immediate debiting before the product(s) are available. If payment is refused or not processed, Ve.Bi.Va. reserves the right to suspend, cancel, or refuse the order.

The Product(s) remain the full and complete property of Ve.Bi.Va. until full payment of the price, including fees and taxes, has been received. Risk passes to the Buyer upon physical possession of the Product(s), except when the Buyer exceptionally entrusts a third-party carrier with the delivery of the Product(s), in which case risk passes upon delivery of the goods to the carrier.

Orders are delivered to the delivery address indicated by the Buyer at the time of their order on the Site. Feedback

Ve.Bi.Va. ships orders via external postal services.

If delivery cannot take place, the package will be returned to Ve.Bi.Va. and the Buyer will be refunded within 15 (fifteen) days of receipt of the package by Ve.Bi.Va.

If the Buyer refuses delivery, the package will be returned to Ve.Bi.Va. and the Buyer will be refunded within 15 (fifteen) days of receipt of the package by Ve.Bi.Va., with the exception of delivery costs which will remain the responsibility of the Buyer. Feedback

Ve.Bi.Va. cannot be held responsible for the proper execution of the obligations of its external carriers, without prejudice to the rights which the consumer has with regard to them (within the meaning of Article VI.44 of the Code of Economic Law).

If Ve.Bi.Va.'s direct liability were to be called into question, Ve.Bi.Va. could be exonerated from all or part of it by providing proof that the non-performance or poor performance of the contract concluded with the Buyer is attributable either to the latter, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Upon receipt of payment for the order, Ve.Bi.Va. will take the necessary steps to process and ship the ordered Product(s) within the timeframe indicated in the Order Summary. Should the indicated timeframe be exceeded despite Ve.Bi.Va.'s best efforts, Ve.Bi.Va. will inform the Buyer.

Delivery times may vary depending on the destination country chosen by the Buyer and the time of the order. Generally, delivery times within the European Union (excluding islands) are – with few exceptions – 10 (ten) business days from the day after an order paid for by the Buyer and received by Ve.Bi.Va. from Monday to Friday before 12:00 PM.

Ve.Bi.Va. will in any event make its best efforts to deliver the Product(s) to the Buyer 30 (thirty) days after acceptance of the order by Ve.Bi.Va.

If this deadline is exceeded, the Buyer shall instruct Ve.Bi.Va. to make the delivery within a reasonable timeframe. If Ve.Bi.Va. fails to deliver the Product(s) within said deadline or refuses to deliver them, the Buyer shall have the right to cancel their order. If it appears from the circumstances that the delivery deadline was an essential element of the order or that the Buyer had specifically informed Ve.Bi.Va. that delivery on a specific date was essential, the Buyer shall have the right to terminate the order immediately.

When the order is terminated in accordance with the preceding paragraph, Ve.Bi.Va. will refund any sum paid under the order if the legal conditions are met.

Delivery times depend however on (1) the order processing time by Ve.Bi.Va., (2) the carrier's delivery times and (3) customs clearance.

1. Order processing time

In the vast majority of cases and as an indication, the order processing time by Ve.Bi.Va. is 2 (two) working days following the order when it is placed the day before midnight (GMT+1).

2. Carrier delivery times

As an indication, the delivery times for DPD and UPS, GLS, Bepost are as follows: Europe: 3 (three) to 8 (eight) working days.

3. Clearance

For deliveries outside the EU, customs clearance is, where applicable, carried out by the external postal service before the physical arrival of the goods.

The Buyer has a statutory right of withdrawal of 14 (fourteen) calendar days from the day after the Buyer (or a third party designated by the Buyer other than the carrier) takes physical possession of the Product(s) ordered via the Website, without having to provide a reason. Product(s) purchased directly from distributors, retailers, or on websites other than the Website may not, under any circumstances, be returned directly to Ve.Bi.Va.

To obtain a refund for returned Product(s), the Buyer must, before the expiry of the 14 (fourteen) day withdrawal period and prior to returning the Product(s), inform Ve.Bi.Va. of their decision to withdraw from their order via the withdrawal form available on the Site, or by making a return request via the "Contact" page of the Site, or by an unambiguous statement clearly setting out their decision to withdraw.

Ve.Bi.Va. will acknowledge receipt of the return request by sending an email entitled "Awaiting Return of Package," reminding the Buyer that the return shipping costs are entirely the Buyer's responsibility. This email will contain a return slip that the Buyer must print and place inside the package, as well as a return label that the Buyer must affix to the outside of the package. The Buyer will then drop off the package at a "Drop-off/Pick-up Point." The return of the Product(s) must be made by the Buyer within fourteen (14) days of notifying Ve.Bi.Va. of their decision to withdraw from the order.

It is strongly recommended that the Product(s) be returned in their original condition and packaging. Returns will not be accepted if the Product(s) have suffered any depreciation resulting from handling that is not necessary to establish the nature, characteristics, and functioning of the Product(s).

Ve.Bi.Va. will refund all payments received from the Buyer if the Buyer returns the entire order except in the case where the Buyer has expressly chosen a delivery method other than the standard delivery method offered by Ve.Bi.Va.

The costs of returning the Product(s) to Ve.Bi.Va. will be borne by the Buyer. They will be deducted from the total amount to be refunded by Ve.Bi.Va. to the Buyer.

The refund for the returned Product(s) will be made by bank transfer to the account that was used for the order and within a maximum period of 14 (fourteen) days following the date on which Ve.Bi.Va. was informed of the Buyer's decision to withdraw from his order in accordance with the above provisions.

However, Ve.Bi.Va. may defer the refund until the Product(s) have been effectively received at the address indicated on the return form.

In the event of non-receipt of the package by Ve.Bi.Va., and without proof of its proper delivery by the postal service, the Product(s) will not be refunded or exchanged and Ve.Bi.Va. cannot be held liable.

Parcels received by Ve.Bi.Va. that are not returned according to the procedures mentioned above will not be refunded by Ve.Bi.Va. All risks associated with the return of a Product(s) are the responsibility of the Buyer.

The Buyer may not exercise the right of withdrawal provided for above for the supply of Product(s) referred to in Article VI.53 of the Code of Economic Law and in particular: Products made to certain specifications or clearly personalized; Products liable to deteriorate or expire rapidly; Products supplied sealed, unsealed after delivery.

IMPORTANT: For returns/exchanges from non-EU countries, the Buyer must clearly indicate on the customs clearance shipping slip that it is a non-commercial shipment with no market value, in order to avoid Ve.Bi.Va being liable for customs duties. In the case of an exchange, Ve.Bi.Va will follow the same procedure to avoid the Buyer having to pay a second round of customs duties.

Except where otherwise specified, Products sold under these General Terms and Conditions benefit from the two-year legal guarantee of conformity provided for by the (former) Belgian Civil Code.

To claim under the warranty, the Buyer must have the invoice issued by Ve.Bi.Va. In the event of a defect, the Buyer is required to inform Ve.Bi.Va no later than two months after discovering the defect.

The legal guarantee applies to defects existing at the time of delivery of the Product(s) to the Buyer, unless the defect was known or could not be ignored by the Buyer at the time of the order.

The warranty does not apply to defects resulting from accidents, negligence, improper use, failure to comply with operating instructions, modifications or adaptations that may be unduly made to the Product(s) or any other faulty use by the Buyer.

If the legal conditions are met, the Buyer shall have the right, at their option, to repair or replacement of the Product(s) free of charge and within a reasonable time, unless the chosen remedy is impossible or, compared to the other, imposes disproportionate costs on Ve.Bi.Va., taking into account in particular the use or value of the Product(s) and the significance of the defect.

When repair or replacement has not been carried out, or when repair or replacement has not remedied the defect, or if the defect is so serious that it is immediately justified, the Buyer shall have the right to demand a proportional reduction in price or the termination of the sales contract if the legal conditions are met.

The personal data provided by the Buyer and collected by Ve.Bi.Va. during the Buyer's order process is mandatory and necessary for processing and managing the order. Failure to provide this information would otherwise prevent Ve.Bi.Va. from processing the Buyer's order.

Personal data is processed in accordance with Ve.Bi.Va.'s Privacy Policy, available on the relevant tabs of the Website. Cookies are processed in accordance with the Cookie Policy, available on the relevant tabs of the Website.

In accordance with the law of 30 July 2018 relating to the protection of natural persons with regard to the processing of personal data and the general data protection regulation of 27 April 2016 (GDPR), the Buyer has a right of access, rectification, objection, limitation and withdrawal of consent of personal data concerning him/her with Ve.Bi.Va.

The Buyer acknowledges that electronic communications and Site backups regularly performed by Ve.Bi.Va. may be used as means to establish proof of a transaction between the Buyer and Ve.Bi.Va.

Ve.Bi.Va. shall not be liable for total or partial non-compliance with the obligations of these General Terms and Conditions in the event of the occurrence of a force majeure event, namely an unforeseeable and insurmountable event occurring after the order which makes it impossible to perform the obligations of Ve.Bi.Va. even if no fault can be attributed to it.

Complaints can be addressed to Ve.Bi.Va. via the "Contact" page of the Site or by email to atelierphotophore@gmail.com. Ve.Bi.Va. will strive to respond as quickly as possible. Justified claims will not incur any costs for the Buye​r.

These General Terms and Conditions are governed by Belgian law regardless of the country of delivery, subject to the application of provisions which cannot be derogated from by agreement under the law of the Buyer's country of habitual residence.

In the absence of an amicable agreement which must be sought before any legal action, any dispute relating to the interpretation and/or execution of these General Terms and Conditions shall fall within the jurisdiction of the competent courts under Regulation (EU) No 1215/2012 concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The Parties may also lodge a complaint through the European Commission's online dispute resolution platform, at the following address: https://ec.europa.eu/consumers/odr/