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General Sales Terms and Conditions

ARTICLE 1: GENERAL PROVISIONS - PURPOSE: 

1.1.- These general sales terms and conditions (hereinafter, "general sales terms and conditions") are applicable to all orders placed by the client on one or several products and/or service sold by the provider SPRL tanShi (hereinafter, "SPRL tanShi") on the website: https://www.tanshi.be (hereinafter, "SPRL the Website") and more generally, to all use of the aforementioned Website. The general sales terms and conditions particularly regulate all steps necessary to the placing of an order and ensure the tracking of this order. 

1.2.- SPRL tanShi offers their clients products and/or services based upon well-being (hereunder, « the Products »)

1.3.- The Website is administrated and managed by SPRL tanShi:  

tanShi SPRL
Rue Jean Colin, 2
B-5020 Flawinne, Belgique

Company number: 0713.490.131.
VAT: BE 0713.490.131.
Phone number+32 (0) 81 731.258
Email: info@tanShi.be

1.4.- All Product orders imply the acknowledgement, the application and acceptance of the general sales terms and conditions by the client, except any other conditions, unless written agreement by SPRL tanShi. 

SPRL tanShi reserves the right to modify the general sales terms and conditions at any moment, unilaterally and without prior announcement, for instance for adapting them to law and rules changes. 

Clients will have to consult the general sales terms and conditions regularly to be informed of the changes made. Nonetheless the changes will be inapplicable to orders already validated by the client, according to article 3.2. 

The general sales terms and conditions can be printed (print version) or downloaded (download) at any moment by the client.

ARTICLE 2: PRODUCTS

2.1.- All the Products proposed by SPRL tanShi are described as detailed and accurate as possible on the Website. 

Photographs, graphics and Product descriptions are only indicative and do not involve the responsibility of SPRL tanShi. 

As for Products' colour on the Website, it depends on the monitor settings and the client graphics board. The displayed colours could thus differ from the real Product colours. 


2.2.- Promotional offers on Products are only available within the double validity limit of the concerned offer duration and the stocks available. 

Promotional codes allow to obtain a discount in value or in percentage according to the case. As a general rule, unless otherwise agreed in writing, discounts cannot be combined with other promotional offers on-going. 

ARTICLE 3: PRODUCT ORDER

3.1.- For ordering Products on the Website, the client must have full legal capacity. They must have beforehand reached the age of 18 years old. tanShi could never be responsible, in any way whatsoever, because the Website would be used by a minor. If nevertheless this minor orders Products, they would do it under the responsibility of their legal representative.

3.2.- For ordering, the client selects different Products they would like to order on the Website. These Products are listed in the client "cart" whom, when they assess they have finished buying will validate their order form by clicking on "validate". 

When at validating the order form, the client provides all identification and billing information required, thus creating a "user account" and ticks, for accepting, the box located before the message "I declare that I have read and fully accept and without reserve the general sales terms and conditions". If the client does not desire to create a user account or accept general sales terms and conditions, it is not possible to proceed to order payment, which is, after choosing the shipping method (article 5), the last step of the order form validation (article 4).  

When registering their user account, the client engages to provide the accurate data, up-to-date and complete. They will also regularly update them. Otherwise, SPRL tanShi reserves the right to suspend or terminate the user account or refuse to accept this client's orders. The client user account is strictly personal and confidential to the client. The client engages to keep their login and password secret and not to share them with any third party. The client is the only responsible for the password confidentiality and all use that could be done without their knowledge and consent. If any doubt exists on the confidential character of the password, the client shall modify it immediately or report it to SPRL tanShi as soon as possible. 

3.3.- Once the order form validated, SPRL tanShi will send to the client a written confirmation of their order receipt via email or post with the order reference and specifying the exact billed amount (price and shipping cost), as well as bank details where the payment should be done (if the client has chosen bank transfer payment) and the shipping information. 

This confirmation does not constitute acceptance of the order by SPRL tanShi whom can refuse or suspend their acceptance of the order by any legitimate reason (non-payment or payment cancellation, Product unavailability because stocks have run out, error in the identification or billing data, order likely to be fraudulent, error in the price, complete non-payment or non-payment of a part of a previous order, etc.). SPRL tanShi will inform the client of the order refusal via email or post.  

The order acceptance and sales conclusion will take place, in derogation from the ordinary law, when the Products are shipped to the client, which necessarily implies the Product payment receipt by SPRL tanShi.

3.4.- When accepted by SPRL tanShi according to article 3.3, the order is shipped to the client, according to article 5. 

3.5.- The client can request the free shipping of an invoice if they make this request at the validation step of their order (article 3.2) and provide at this moment the complete invoice information. 

Without prejudice to what is stated in article 3.3 related to the order form refusal, if the information provided for invoicing is wrong and those mistakes do make a change on the invoice information, 30 euro administrative fees will be charged to the client. 

ARTICLE 4: PRICE AND PAYMENT

4.1.- Prices are displayed in euros, VAT included.

Prices are subject to adjustment throughout the year. The ordered Products are billed to the prices displayed when validating the order form by the client, according to article 3.2. There might be mistakes in the prices displayed. Those mistakes do not involve SPRL tanShi responsibility and will be corrected as soon as noticed by SPRL tanShi. Otherwise, the client will be able to cancel their order. 

The prices displayed do not include shipping fees, unless the order amount through Bpost :

  •  exclusively for a delivery in Belgium and the Netherlands exceeds the amount of 50 euros and for a weight of maximum parcel of 30 kg and the dimensions of the parcel represent the following rule: (2X width + 2X height + 1X length) < 300 centimeter;
  • exclusively for a delivery in Luxembourg, and Germany, exceeds the amount of 150 euros and for a weight of maximum parcel of 30 kg and the dimensions of the parcel represent the following rule: (2X width + 2X height + 1X length) < 300 centimeter.

Except the aforementioned exception, shipping fees will be billed as a supplement to the purchased products prices and their amount will vary according to the order weight. Maximum parcel weight is 30 kg. If the total weight of the parcel is above that weight, SPRL tanShi will, if possible, ship it in different parcels, each of them having distinct shipping fees. Shipping fees are precised to the client before validating their order form. 

Custom duties, such as import or excise duties that would possibly be due are in any case the entire client's responsability and will not subject to claim or compensation to SPRL tanShi. 

4.2.1.- Products orders are payable in advance via the online payment system Wordline provided to the client or through bank transfer. 

For ordering their online order, the client must communicate their credit card number and, according to the type of the card, the expiration date as well as the security number (3 digit numbers which appear on the back of their credit card). It is written that for making their payment with credit card, the client has automatically been transferred to the payment organising society server. 

When the client chooses bank transfer, they will receive payment instructions through a written confirmation of the order as explained in article 3.3.  

4.2.2.- Products orders accepted by SPRL tanShi will only be shipped to the client according to article 5, after SPRL tanShi received the complete payment price, including shipping fees.

Similarly subscriptions to services offered by SPRL tanShi will only be validated after receiving the payment for those services. 

In accordance with article 3.3, SPRL tanShi reserves the right to suspend the acceptance or refuse any order in case of non-payment of any amount owed by the client, regardless if the non-payment is related to the current order or to a previous order.

ARTICLE 5: SHIPPING

5.1.- The products are either collected on the spot at SPRL tanShi, or shipped by Bpost (Belgian post service) which offers three types of services, subject to the parcel weight: (i) home delivery, (ii) deliver to a collect point or (iii) delivery through a vending machine.

Bpost delivery takes in average 3 to 10 business day from receiving the price and fees and depends on the shipping mode. Bpost delivery time is indicative time and does not involve the responsability of SPRL tanShi. 

Possible delays will never be subject to award of damages from SPRL tanShi.

If the client is absent during the Bpost delivery, Bpost will leave an attempted delivery note. The parcel will then be conserved for 15 days for the client (the presentation day being not included in this time) to the address written on the note. 

If the client does not want to use one of the aforementioned delivery methods, other arrangements might be found all at the customer's expense. For this purpose, the client will directly make contact with SPRL tanShi before validating the order payment, according to article 3.2. 

5.2.-  If the client omits or refuses to collect the delivery of the ordered products, SPRL tanShi reserves the right to require contract fulfilment or to consider, after formal legal demand remained unanswered for 8 (eight) days, the contract as terminated. 

In the last case, the client will be obliged to pay to SPRL tanShi a fixed compensation of 40% the price of the products which were not collected as well as shipping and possible return fees. An amount will be sent to the client by SPRL tanShi which will charge the aforementioned amount on the repayment and which they will do within 30 days from the product return reception. The reimbursement will be done through bank transfer.

Without prejudice to the right referred to in article 6, client participation absence to the services (ex: training courses) ordered by themselves will not result in any kind of repayment if the cancellation is notified within 7 business days and in advance. If the notification of the event cancellation is notified within less than 15 days in advance, the client will be obliged to pay to SPRL tanShi a fixed compensation of 50% of the service prices. An amount will be sent to the client by SPRL tanShi which will charge the aforementioned amount on the repayment and which SPRL tanShi will do in case of pre-payment of the price within 30 days from the product return reception. Repayment will be done by bank transfer. Without pre-payment, the client will be obliged to pay the fixed amount within 15 calendar days. 

ARTICLE 6: PRODUCTS RETURN - RIGHT OF WITHDRAWAL & RETURN FOR NON-CONFORMITY 

6.1.- The client whom ordered a product for their personal use as a consumer can decide to cancel the order at the latest within 14 calendar days of the product(s) reception by the client or any other person designated by them, without being obliged to provide justification, by sending an email to SPRL tanShi customer service via the email address info@tanShi.be or a mail to Rue Jean Colin2, 5020 Flawinne, Belgique. The client can also fill the online form named « withdrawal right ». The product order cancellation implies, if the shipping has already been done, the product return, according to article 6.3. 

Similarly, the client whom ordered a service for their personal use as a consumer can decide to cancel their order within 14 calendar days from the acceptance day by SPRL tanShi of the client order form, according to article 3.3. The withdrawal right is lost once the service has been provided by SPRL tanShi. 

6.2.- In case of cancellation of the sale according to article 6.1, SPRL tanShi does only accept the product return and order cancellation if: 

  • The product(s) is/are returned by the client within 14 days following their order cancellation request sending, to the following address: SPRL tanShi, Rue Jean Colin, 2
    B-5020 Flawinne, Belgique. 
  • The return parcel shipping fees are all to the client's responsibility.
  • The product(s) is/are returned to tanShi at the cost and risk of the client. 
  • The product(s) is/are returned in perfect condition for resale (complete, unused, not washed, etc.) in their original package and state. Accessories and documents (ex: user manuals) of the product, must also be returned. 
  • The client does not have withdrawal right in the cases referred to in article VI.53 of the Book VI. of the Code of Economic Law About Market Practises and Consumer Protection (product made according consumer specifications, products likely to rapidly deteriorate or expire, products sealed and which cannot be returned for hygiene and health protection reasons, and which have been desealed by the consumer after shipping, products which after shipping and because of their nature, are mixed in an inseparable way with other items, video or audio recording materials, or computer software which have been desealed after shipping, etc.

If the return is done in accordance with the foregoing, SPRL tanShi will reimburse the price to the client within a maximum 14 days time from the product return reception. The reimbursement will be done by bank transfer.

 

If the client returns products which do not meet the aforementioned conditions, SPRL tanShi reserves the right to refuse the return and reimbursement, or to take into account the necessary cost of repair, storage or direct similary fees resulting to or related to payments that must be reimbursed. 

6.3.- The client also has the right to return the product in case of non-conformity of it for having it repaired or if it can not be repaired or if it is economically not justified or possible, an exchange or a limited reimbursement of the product price. This guarantee can not however be applied to edible products. 

A request should be sent to SPRL tanShi customer service within 14 days from the invoice date or the delivery note, if the client is not in their full capacity as a consumer. If the client is a consumer, they will send their request to SPRL tanShi customer service within the legal guarantee delay from the product invoice date or delivery note. Only the invoice or the delivery note can be regarded as guarantee certificate towards SPRL tanShi. These documents must be conserved by the client and showed in their original version. If the shipping to the client is done before the invoice date, the delivery date will then be equal to the one mentioned on the shipping note. 

In their request, the client states the alleged non-conformity reason. The non-conformity guarantee does not apply to defects the client did know when purchasing or which have been caused by the client (improper handling, anormal use, non-respect of the instructions, etc.). Similarly, the guarantee does not apply in the following cases (the list below is not limiting): in case of a third party has been involved and has handled the product, whereas they were not legally authorised by SPRL tanShi; in case of damage caused by fire, water (flood) or thunder, an accident, a natural disaster; in case of damage following a commercial, professional, or collective use of the product. 

If the client request is approved by SPRL tanShi customer service, the necessary instructions for the return will be sent to the client by SPRL tanShi. The return will be at the cost of SPRL tanShi which will reimburse the client of the cost incurred by the return. 

If the product returned to SPRL tanShi is damaged, stolen or lost or in case of non-conformity of the product, the responsability of SPRL tanShi towards the client is at all events limited to the product purchase price. Same goes for the product if it is irreparable or irreplaceable.

 

ARTICLE 7: RESPONSIBILITY

7.1.- The general sales terms and conditions only define in an exhaustive way the obligations (of means) and responsabilities borne by SPRL tanShi in the context of product selling. 

Without prejudice to the following paragraph, SPRL tanShi is not responsible for other guarantees, conditions or other provisions than the ones mentioned in these general sales terms and conditions. The client shall hold SPRL tanShi harmless for any kind of direct or indirect damage which would not be related to the obligations and responsabilities borne by SPRL tanShi as part of these general sales terms and conditions. 

SPRL tanShi remains liable to their serious or intentional negligence. SPRL tanShi is however not responsible for serious or intentional mistakes of their employees, principals and as a general rule of their subcontracters and executive agents. Thus, SPRL tanShi is not responsible for a possible delay in the product delivery, attribuable for instance, to the post transporter / service in charge of the product delivery. 

7.2.- SPRL tanShi guarantees that the elements, services and functionalities provided to the client, if they are used in accordance with the given information, are substantially in accordance with generally admitted standards, and that the softwares and any elements created by SPRL tanShi and provided to the client respect the rights of third parties, and in a general way are not illicit.

SPRL tanShi will not in any case be responsible for possible direct or indirect damages incurred by the customer when using the website and/or its contents. 

The client shall hold SPRL tanShi harmless of any kind of complaint in one of the following cases: 

  • Loss of occasions or business income related to functioning or non-functioning, or to Website use or non-use, or to the content on the website or content that should be found on the website;
  • Illegal or non-authorised intrusion of a third part into the Website;
  • Computer virus introduction into the web server or into the Website;
  • Temporary blockage of the bandwidth;
  • Internet connection service interruption for a cause beyond SPRL tanShi's control.

7.3.- The client accepts that the elements/functionalities/graphic charters, etc. provided on the website are likely to change. Thus, some functions will be deleted and others added without the client to be able to have a particular claim. Likewise, only SPRL tanShi will decide on the opportunity to include/delete any contents displayed on the website. At last, SPRL tanShi reserves the right, at any moment and for any kind of reason, to modifiy or interrupt temporarily the total or a part of the access to the website, and this without having to inform the client beforehand. It will be the case, for instance, during a website maintenance or any kind of important change of the services and/or provided functionalities. SPRL tanShi may not be held responsible for any kind of direct or indirect damage related to a website access change, suspension or interruption, for any reason whatsoever.

ARTICLE 8: PRIVACY

8.1.- Giving great importance to respect Website users' privacy, SPRL tanShi engages that their collection and processing, as a processing responsible, of personal information are done in the Website in accordance to the (UE) Regulation 2016/679 of the European Parliament and Council of the 27th of April 2016 on protection of individuals with regard to processing of personal data and free movement of the data, repealing the 95/46/CE directive (general regulation on data protection), O.J.E.U, L. 119/1, 4th of May 2016 and its implementation decrees (link to European institution website). tanShi has for this established a Chart that they engage to respect. 

The collection and processing of personal information by SPRL tanShi are done for allowing SPRL tanShi to provide the best service as possible to the client, and process the orders the best as possible and if the client has subscribed, to keep them up to date of interesting news and offers through a newsletter sent by email. Client personal details will not in any way be yielded or sold to a third party. 

8.2.- Through a request sent by email, addressed to info@tanShi.be or by mail, clients can obtain, for free, written statement of personal data related to them as well as, if necessary, correction of data that would be incorrect, incomplete or irrelevant. They can in the same way, oppose the use of their personal data to direct marketing purposes.

8.3.- SPRL tanShi engages to endeavour to protect personal data, so as to prevent that those data are distorted, damaged or transmitted to non-authorised third parties. 

8.4.- All personal client data is always available on the online client account. Clients personal data can be modified or deleted at anytime by the client. 

SPRL tanShi can reveal client personal data at the request of a legal authority or in good faith by considering that this action is necessary: (i) for being in accordance to any current law or regulations, (ii) for protecting or defending tanShi or Website's rights or good, and (iii) for intervening, in extreme circumstances, for the purpose of protecting client or Website or public personal security. 

ARTICLE 9: COOKIES

Some cookies are important to the proper functioning of our website. You will not be able to use our website at all if you disable those very important cookies.

For improving your experience, we are also using cookies that help you facilitate your browsing in our website. Those functional cookies keep tracks of some information, such as your connection datas, or collect various statistics for allowing us to optimise our website functionality. We are also using advertising cookies for displaying contents that would correspond to your interests on our website or elsewhere.

You can also modify cookies settings to accept or refuse some cookies use when you are using our website. You will find the entire statement about cookies use or information collection on this website in our privacy policy. 

 

ARTICLE 10: INTELLECTUAL PROPERTY

10.1.- All the elements of the website, regardless if they are visual or audio, including the underlying technology, are protected by the copyright, of the brands or patents and more generally by the intellectual property. 

10.2.- The general sales terms and conditions do not lead to any kind of intellectual property transfer to the clients whom are not authorised to copy, send, distribute, diffuse, sell, publish, emit, circulate, fix, modify, etc. the website elements.  

 

ARTICLE 11: HYPERTEXT LINKS

11.1.- Hypertext links towards other websites can not engage SPRL tanShi's responsability, as SPRL tanShi does not control these websites contents. 

11.2.- If SPRL tanShi is not opposed to hypertext links towards their website, a written authorisation must however be requested and obtained beforehand.

11.3.- SPRL tanShi reserves the right to require the deletion of a link to one of their website pages if they assess the link purpose does not correspond to their missions, values or would be likely to cause damage to them. 

ARTICLE 12: NEWSLETTER

The clients accept that SPRL tanShi send them, at a frequency and a format they will determine, a newsletter that would include information related to their activity. When the client ticks the box for this purpose, they accept to receive SPRL tanShi commercial offers.

Clients whom have "subscribed" will be able to unsubscribe to the newsletter by clicking the link for this purpose, in every newsletter.  

ARTICLE 13: DIVISIBILITY

If one of the statement (or a part of the statement) of these general sales terms and conditions would prove illegal or unenforceable, this statement (or part of the statement) could be separated from the rest of the general sales terms and conditions and the other statements would remain in force. 

ARTICLE 14: DISPUTES

14.1.- These Conditions are subject to Belgian law. 

14.2.- The clients expressly recognise that all disputes arising from these general sales terms and conditions are under the exclusive jurisdiction of the District Court of Namur (Belgium).  

14.3.- Online regulations for disputes are also available online by accessing the RLL platform provided by European institutions  http://ec.europa.eu/consumers/odr/index_en.htm

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