General Terms and Conditions

Introduction

Do you want to place an order as a User? Please read these general terms and conditions of sale first!

www.leonidas.com (hereafter called the ‘Site’) is an informative website for e-commerce (electronic commerce). This site is accessible via the Internet and to any Internet user (hereafter called ‘Internaut’). The Site was created by the company Leonidas (hereafter called ‘Leonidas’), a plc with registered office in Bld Jules Graindor 41-43, 1070 Brussels, registered in the Brussels register of legal entities under business number: BE 0407.824.919.

Via the Site, Leonidas can offer its Leonidas trademark products (hereafter called ‘Products’) for sale to people that surf on the website (hereafter called ‘Users’). In order to implement these terms and conditions, it is agreed that the User and Leonidas are collectively called the ‘Parties’ and separately the ‘Party’ and that a User that has confirmed an order is called a ‘Buyer’. The rights and obligations of the User are necessarily applicable to the Buyer.

Legally qualified or represented

Every User that wants to make purchases on the Site confirms that he/she is legally qualified to do so. Everyone that is declared ineligible by virtue of article 1123 and in accordance with the Civil Code can be a User of the Site. However, under no circumstances may he or she make purchases on the Site and therefore cannot obtain the status of Buyer. If this nevertheless occurs, then the legal representative of the ineligible person is legally responsible for the consultation of the Site and its available services. This legal representative must then observe the present provisions. If personal details are provided then only the legal representative is authorised to complete the registration form. He can also give the ineligible person express permission to do this. The stipulations regarding the personal details in article 7 remain in force in entirety.

Leonidas reserves the right to refuse an order

Leonidas accepts the order conditionally. Leonidas can refuse an order in case of non-payment of previous orders.

The user is aware of the terms and conditions

Anyone that orders a gift voucher on the Site must read the present general terms and conditions of sale, and give their express consent. The User doesn’t have to substantiate his/her agreement with a handwritten signature.

Electronic signature is valid

In accordance with the law of 9 July 2001 concerning the legal framework for electronic transactions and certification services, the simple confirmation of the order form is the same as an electronic signature. Between the Parties, this has the same legal value as a handwritten signature. The confirmation is proof of completeness of the order. It also ensures that we can claim the amounts due for the order.

Finally, it is expressly stated that the User can save or print the present general terms and conditions of sale, provided that he/she doesn’t change them.

Article 1. Validity of the conditions

The general terms and conditions of sale in question state the rights and obligations of the Parties that result from the online sale of the Products that are offered on the Site.

These rights and obligations are applicable for online sales on Belgian, Luxembourg, Dutch and French territory.

The sale can be concluded in Dutch, French, English or German, as desired by the buyer.

Article 2. Products - prices

Products

The Products that Leonidas offers are solely those that the User finds on the Site on the day that he/she visits the Site.

If one of the Products is not available then Leonidas will notify the Buyer at the very latest when sending out the order. It is already stated that Leonidas can replace the unavailable Product(s) with one or more similar Product(s).

Prices

Prices are shown in euros and are valid in Belgium, the Netherlands, France and Luxembourg. Any discounts and the appropriate VAT on the order date are included in the price.

The stated price takes into account postage, administration and packaging costs; the User is informed about these costs when the order is definitively confirmed.

Leonidas reserves the right to change its prices at any time, and the User agrees to this. The Products are invoiced based on the prices that are valid when the order is registered, insofar as the Products in question are available.

Dispatch by mail

If possible Leonidas sends out the gift vouchers by priority mail. The shipping costs vary depending on the weight of the envelope. Leonidas calculates them according to Belgian Post rates.

Contribution to shipping costs

For priority delivery of a gift voucher (up to 50 grams), Leonidas charges €1.90 extra. This amount includes contribution to the shipping  costs. Leonidas reserves the right to change this amount depending on changes of postal rates.

Validity of the gift voucher

The gift voucher has a validity duration of 3 months from its date of issue in all Leonidas shops in Belgium, France, Luxembourg and The Netherlands.

Article 3. Registration and confirmation of the order

Free browsing on the website

On the Site, the User looks up the Products that Leonidas offers for sale. The User can browse freely through the Site’s various pages. This does not mean that he/she makes an undertaking in the form of an order.

Registration of an order in five steps

If the User wants to place an order then he/she completes the five steps or screens that result in an order:

  • Purchasing the gift voucher
  • Indicating the recipient
  • Putting in the recipient’s address
  • Summary of the total order and/or additional order of gift vouchers
  • Entering the personal details and an invoice address (if the User wants an invoice).

In step 4 the User has a preview of his/her selected Products. .

Corrections

If the User makes mistakes when entering the details then he/she can correct them by clicking on ‘Previous step’ or by deleting the gift voucher and ordering a new one in step 4. Correction is not possible once the User has clicked on ‘Order’.

Personal data

The User can order the Products by typing in all the required identification data such as name and address of the recipient (steps 2 and 3) and his/her last name, first name, address, telephone number and e-mail address (step 5).

Accepting the general terms and conditions

In Step 4 of the order, the User is expressly requested to read and accept the general terms and conditions. If he/she ticks this statement then this proves his/her approval of the present general terms and conditions of sale.

The User is free to choose his/her desired method of payment in accordance with the methods stated in the present terms and conditions.

Definitive confirmation of the order

Once the User clicks on ‘Order’, the order is definitively confirmed: the order is registered and the sale is definitively concluded. The User can no longer correct any errors made when entering the order. The User is then in the status of Buyer. The order form is registered in the Leonidas computer registers and then saved in a secure and durable database. The order form counts as proof of the contractual relationships between the Parties. The contract is then electronically archived. It is intended for exclusive use by Leonidas.

Order confirmation

If the sale is definitively concluded then Leonidas sends an order confirmation by e-mail, at the very latest on delivery of the Products, to the e-mail address that the User entered when ordering.

Article 4. Delivery

Times

For all available items, the average processing time is 2 working days from the day after payment by the Buyer.

Leonidas processes the gift voucher only after receiving payment from the User. If the User orders and pays for the Products on a working day then the gift voucher is processed during the 2 working days following the registration. Leonidas ships the gift voucher on the requested date. You cannot indicate weekend days or public holidays as a shipping date. The shipping date can only be at the earliest 2 days after the date of registering the order.

In all cases, the Products are sent through the normal postal services. For this, Leonidas is dependent on the delivery times and the correct operation of the national and, if applicable, international postal services. Leonidas declines any liability in case of delay due to the postal services or means of transportation, or due to loss of the ordered Products or in case of a strike.

Delivery address

Products order by the Buyer can only be delivered to Belgium, the Netherlands, France or Luxemburg and to the address that the Buyer enters on the order form. The Buyer is offered the opportunity to have the Products shipped to an address other than his own.

Transportation risks

The transportation risks are the Buyer’s responsibility. The Buyer must submit a well-reasoned letter of protest to the postal service within three (3) working days of the delivery date. All other risks of loss and damage to the Products are transferred to the Buyer upon delivery.

Article 5. Payment

The only methods of payment accepted are Visa and MasterCard credit cards, at the Buyer’s discretion.

Choice of payment method

Upon confirmation of the order, the Purchaser is asked to choose from the payment methods below:

  1. VISA card: the Purchaser states the card number and expiry date on the order form: payment then occurs in accordance with the methods agreed upon with the bank.
  2. MasterCard card: the Purchaser states the card number and expiry date on the order form: payment then occurs in accordance with the methods agreed upon with the bank.

Payment refusal
In any case, Leonidas reserves the right to refuse any order or delivery in the event of:

  • An existing dispute with the Purchaser;
  • Non-payment or partial payment of a previous order made by the Purchaser;
  • Refusal to authorise payment with the bank card by financial institutions;
  • Non-payment or partial payment;

In the abovementioned cases, on no account can Leonidas can be held liable.

Article 6. Protection of privacy

Leonidas NV - Bld Jules Graindor 41-43, 1070 Brussels, VAT BE 0407.824.919 uses the Buyer’s personal details only to accept and process his/her order, to perform statistics and tests, to manage customer relations and to promote products and services offered by Leonidas companies and its commercial partners.

Communication of data

The Buyer has access to his/her details at all times and may request their correction by sending a letter (Leonidas NV - Bld Jules Graindor 41-43, 1070 Brussels) or e-mail accompanied by a copy of both sides of  their identity card or their complete personal details.

Communication to third parties

The personal details related to the User can be communicated to Leonidas’ partners for marketing purposes. The Buyer can oppose this communication of his/her details at any time by sending a letter or e-mail saying: “I oppose the communication of my personal details with third parties for marketing purposes.”

Some telephone conversations that Buyers have with telephone assistants are recorded with the sole purpose of improving the quality of Leonidas’ services. These data are not retained for longer than 1 month after recording.

Personal information

The User/Buyer is required to give personal information when purchasing remotely.  Leonidas needs this information to process and deliver the orders, and to draw up invoices. This information is strictly confidential. If this information is not given, the order is refused.

Leonidas can communicate the User’s address details to its trading partners unless the User explicitly opposes this. As a result, the User may receive business offers from third parties. Of course the User can refuse these, either by not agreeing to this during registration and/or confirmation of his/her order or by refusing this afterwards by mail or by e-mail.

Cookies

The Site uses cookies. A cookie is a computer file that is saved on the hard disk of the User’s computer. Cookies provide information about the User’s previous visits on the Site. Leonidas only uses cookies in order to personalise service offered to the User.

The User is able to block the use of cookies on his/her computer by adjusting the web browser. In that case, the User no longer has the opportunity to benefit from a personalised service from the service that Leonidas offers via the Site.

An important element of the web application is the user session. A user session ensures that the various scripts of an application know which user the script is addressing. When calling up an application’s first script a web browser receives a special cookie, the session cookie, which contains a unique value. During each subsequent request in the web application, the browser sends this cookie along as a header. Based on the unique value of this cookie a web server can keep track whether the sender is logged on and if so which user it is. This prevents users from having to log on to every page. Based on the value of the session variables, a web application can give different content to pages. This enables each logged in user of a webmail application to see only their own e-mail messages and not the messages of another user. The session duration for the gift voucher module is set at 45 minutes.

Web banners

Certain web pages on the Site contain digital images or ‘web banners’, which count the number of visitors to a page.

These web banners can be used by some of our partners to measure and improve the efficiency of certain advertising statements.

The information obtained via these banners is completely anonymous and only make it possible to collect statistics about the visiting frequency of certain Users.

Article 7. Various provisions

Force majeure

Leonidas cannot be held responsible for the complete or partial non-fulfilment of its obligations that arise from this agreement. At least, provided that the non-fulfilment is attributed to a case of force majeure or to an event involved with it, for example a general or partial strike or interruption of the postal services and means of transport and/or communication, or due to flooding or fire.

What we understand as force majeure? All events that comply with the criteria set by jurisprudence.

If there is a case of force majeure then Leonidas will inform the User/Buyer within 5 working days after the event.

After an interruption of 1 month due to a case of force majeure, Leonidas can cancel the order. In that case, Leonidas is required to refund the Buyer.

Partial invalidity

If one or more provisions in the present general terms and conditions of sale are regarded as invalid or are declared invalid by virtue of any legal or administrative law provision or after a definitive verdict by an authorised court, the other provisions remain in force unimpaired.

Comprehensiveness of the agreement

The present general terms and condition of sale and the order summary that is sent to the Buyer form a joint agreement in which all contractual relationships between the Parties are embodied.

In the case of contradiction between these documents, the general terms and conditions of sale have priority.

Applicable law – Legal capacity in force

The present general terms and conditions of sale and the contractual relationships between Leonidas and the Buyer are governed by Belgian law. Leonidas undertakes to observe all the rules in the Code of Conduct of the BDMV (Belgian Direct Marketing Association). In the event of dispute, an amicable solution must be sought before starting legal proceedings. Only the courts of Brussels are competent.