Article 1: Definition and scope of application
The present document (Terms and Conditions) defines the conditions applicable to sales concluded between a person or persons making a purchase via the http://www.aquarelle.be website, hereafter referred to as "the buyer" and the company Aquarelle-Boeckx NV, hereafter referred to as "Aquarelle".
Article 2: Application and opposability of the terms and conditions
Placing an order implies that the buyer fully accepts these terms and conditions without reservation.
Any conflicting condition requested by the buyer will therefore, in the absence of express acceptance, be unenforceable regardless of the time at which it may have been brought to the attention of Aquarelle.
The fact that Aquarelle does not specifically refer to any one of the present terms and conditions, cannot be interpreted as a renunciation of its right to impose any one of the said conditions at a future date.
If one or more provisions of the present terms and conditions are declared null or void through the application of a law, a regulation or as the result of a final decision by a competent court, the other provisions shall remain valid and binding.
These Terms and Conditions may be modified at any time, without notice, by Aquarelle.com and its subsidiaries. The present Terms and Conditions are applicable from 15 June 2014. They supersede and replace all previous versions of these conditions. It is understood, however, that the changes relating to Terms and Conditions will be inapplicable to orders previously accepted and confirmed by Aquarelle.
Article 3: Legal capacity
The customer must be at least 18 years of age and have legal capacity to enter into contracts.
Article 4: Placing an order
When placing an order which is binding the buyer has an obligation to provide accurate information: in the event of an error in the recipient's address, Aquarelle cannot be held responsible for the impossibility of delivering the product.
An order is definitive only when it has been confirmed by the payment of the price by the buyer. After shipment, any amendment or cancellation of the order by the buyer cannot be considered and the price paid will not be refunded, except in the case of withdrawal as per article 7. All offers for sale are valid within the limits of available stocks. A product which becomes unavailable is automatically removed from the online catalogue.
In the event of a product becoming unavailable, Aquarelle will contact the buyer. They will jointly agree the delivery of a product which offers identical characteristics in size and quality to the product originally ordered by the buyer.
Article 5: Price
The prices are indicated in euros inclusive of all taxes. They take into account VAT and any reductions applicable on the day the order is placed.
The price of the products excludes delivery charges (packaging and transport).
The cost of delivery will be specified on the purchase order before validation of the sale. The products are supplied at the price current at the time the order is placed.
The price is paid cash when the order is placed.
In accordance with the Code Général des Impôts (General Tax Code) in force in Belgium, Aquarelle gift boxes fall outside the scope of VAT.
Article 6: Total payment security
Aquarelle provides totally secure and flexible payments both online or by phone, by debit or credit card through a payment system entrusted to a specialist secure payment provider. Aquarelle guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of the right of access when paying by bank card and encrypts all information exchanged to guarantee confidentiality. We have no access to and never record your bank card information.
To find out more, click here.
Article 7: Delivery
Delivery will be made to Germany, within the given time period, with the product being delivered directly to the stated recipient. If the recipient is absent a notice will be left (see below for further details according to the nature of the product ordered), or the package will be left at the recipient's door in a safe place.
The purchaser is informed and accepts that the delivery may not be carried out at a specific time, but Aquarelle is committed to providing the means necessary and to making every effort to respect the time period requested.
Aquarelle may in no case be held responsible for a delay in delivery due to a cause beyond its control, and particularly in the event of adverse weather conditions, disaster, strike, force majeure, an incomplete or unclear recipient or client address and/or telephone number, the absence of the recipient.
7.1 Terms of delivery
- Your order will be delivered the next day for any order placed before 5.00pm Monday to Friday.
- Your order will be delivered on the Tuesday for orders placed from Friday, 5.00pm to Saturday before 3.00pm.
- Your order will be delivered on Tuesday for orders placed before 5.00pm on Monday.
7.2 Delivery of your order
Delivery times are indicated as precisely as possible.
Late delivery may not give rise to the payment of damages and interest.
For bouquets, chocolates and fruit delicacies, in the event of the recipient being absent at the time of delivery, the parcel must be collected within 24 hours due to the perishable nature of the product.
The buyer may claim the reimbursement of delivery charges, to the exclusion of any other compensation or damages and interest, in the event of a late delivery for the following reasons, if the product has not been delivered for any cause other than that of force majeure.
The buyer may claim a total refund of the order if the delay is more than 48 hours.
Finally, if the product has not been delivered, for any reason other than that of force majeure, the order may then be cancelled and the price paid will be reimbursed in full to the purchaser, to the exclusion of any other compensation or damages.
The following conditions are considered to be cases of force majeure dispensing Aquarelle of its obligation to deliver; war, riots, fire, strikes, accidents, traffic restrictions and when it is impossible to receive stocks.
Aquarelle will inform the buyer in good time in the event of any of the above occurring.
In any event, an order can only be delivered on time if the buyer is up to date in their obligations to Aquarelle.
Article 8: Right of withdrawal
The agreement of Aquarelle must be obtained prior to any Products being returned. Depending on the nature of the product ordered, the buyer is allowed the following time limits to exercise their right of withdrawal without having to justify their reason or pay penalties, except, where appropriate, the costs of returning the goods: - Bouquets and plants: 48 hours - Chocolates, fruit jellies, crystallised fruits: 48 hours - Scented Candles: 14 days - Bouquets, plants + chocolates, fruit jellies, crystallised fruits: 48 hours - Scented Candles + bouquets: 48 hours
The above-mentioned time limits run from the receipt of the order. When the time limit expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next business day. When the right of withdrawal is exercised, Aquarelle must refund the buyer without delay and at most within fourteen days from the date on which Aquarelle is informed of the decision of the customer to retract. After this date, the sum due automatically becomes interest-bearing.
Aquarelle must be notified of the decision to exercise the right of withdrawal via the form to be found in Appendix 1 of the Terms and Conditions and sent to the Client on a durable medium.
Any product returned in its original packaging shall be fully refunded.
Article 9: Returns and complaints procedures
9.1 Contractual guarantee
Any return accepted by Aquarelle, due to an apparent defect or the non-conformity of the product delivered, which shall be noted by the seller, enables the buyer to receive a free replacement or a credit voucher, to the exclusion of any other compensation, damages or interest. The product(s) must be returned by the buyer in the original packaging and within seven (7) days from the date of receipt of the goods.
The product(s) returned must be new, unused and in the original box, perfectly intact. The customer should keep the proof of postage given to him by Post Office. In the event of a lost package, no refund will be made without this proof of postage.
Any claim concerning an order which includes the delivery of bouquets or plants must, since it concerns perishable products, be formulated at the latest within two (2) days after the delivery of the product.
Any claim concerning the delivery of other products should be made at the latest within seven (7) days after the date of delivery of the product.
9.2 Legal Guarantees
All goods and services supplied by the Seller shall enjoy the legal warranty of conformity provided for in articles L. 211-4 To L. 211-13 of the Code de la consommation (French consumer law) and a guarantee for defects covering that which has been sold, under the conditions laid down in articles 1641 to 1648 and 2232 of the Code civil (French Civil Code).
Articles L. 211-4, L. 211-5 and L. 211-12 of the Code de la consommation (French consumer law) as well as article 1641 and the first paragraph of article 1648 of the Code civil (French Civil Code) are available in full in annex 3 of the Terms and Conditions
Article 10: Personal Data Management
At Aquarelle, we care about protecting our customers' personal data. We are fully committed to respecting the "data protection and liberties" law of 6 January 1978, modified by EU Regulation 2016/679 of 27th April 2016, or GDPR, relative to the protection of personal data.
When using the aquarelle web site, you accept the collection and use of your personal data according to our data protection policy.
Article 11: Customer Service
Our Customer Service is available Monday to Friday from 9am to 5pm without interruption. Closed on Sunday and public holidays.
- by email to Customer Service. Any request for information should receive a reply within 48 hours.
- by post:
Article 12: Disputes and mediation
Any complaint or dispute will always receive our full attention; we always presume that a client who takes the trouble to explain his point of view is acting in good faith.
Any complaint concerning the quality of flowers and plants should be sent to our Customer Services within a maximum period of five (5) business days after the date of receipt of the parcel by the recipient.
In the case of a dispute, the customer should address their complaint to the seller's Customer Service:
Aquarelle.be Customer Service
Email: Customer Service
In the event of a dispute and prior to referral to a tribunal, the buyer has the option of arbitration, the mediator being chosen in common agreement with Aquarelle, with the aim of reaching an amicable solution.
Article 13: Competence
In the event of a dispute concerning the present Terms and Conditions, where the buyer has non-commercial status, the competent court will be that of the place of domicile of the defendant, the place of actual delivery of the goods or the place where the service was carried out.
In the event of a dispute concerning the present Terms and Conditions, where the buyer has commercial status the competent courts shall be the courts of Paris.
The sale of products on this website is subject to Belgian law regardless of the country of residence of the purchaser or the country where the order is placed.
ANNEX 1: Standard form for the right of withdrawal
Download annex 1, click here
Annex 2: Texts of the legal guarantees
Download annex 2, click here