GENERAL TERMS AND CONDITIONS
tintinboutique.com : retail @ moulinsart.beSECTION A : SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Please read carefully the general terms and conditions below. These general terms and conditions apply to any and all offers, sales and any other operation conducted through www.tintinboutique.com .
The general terms and conditions may be consulted on www.tintinboutique.com. Should you wish to do so, they may be downloaded, printed and saved.
The fact that these general terms and conditions are not available in your own language does not preclude their full enforceability. These general terms and conditions are published in two languages [French/English].
SECTION B : MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
tintinboutique.com informs you as a Member that it is, from time to time, entitled to replace or modify its general terms and conditions.
tintinboutique.com informs you as a Member that you will not be personally notified of the possible changes and you are invited to consult periodically the relevant pages of www.tintinboutique.com. However these changes will be indicated on the home page. When, in accordance with this Section, a change of the general terms and conditions occurs, a Member may elect to denounce a membership and notify tintinboutique.com thereof within a reasonable time period by e-mail. Should this be the case the Member will be obliged to re-accept the general terms and conditions upon completion of any further purchase.
SECTION C : DEFINITIONS
In these general terms and conditions, the following expressions shall have the following meanings:
"Articles": the articles displayed on the Site and which can be purchased by clicking on the buttons "add to the shopping cart", "shipping" and "check out";
"Order": the web page so called "your shopping cart" which can be viewed by clicking on the button "your shopping cart" and which contains the list of the Articles together with the final price to pay for all your purchases;
"Contract " : the present general terms and conditions as well as your order completed within the framework of the retail remote system though www.store.tintin.com when clicking on the button "proceed to the payment" displayed on the web page "check out";
"Data": all your personal information (name, first name, credit card number, billing address, shipping address etc.) submitted to www.store.tintin.com for the purpose of executing the Order;
"Identification": the e-mail address chosen by you when you register as a Member. This e-mail address must be filled in when you log in at the time of completion of an Order;
"The Shop " : the Tintin Shop having the form of a private limited company called " Retail Adventures " and located at 1000 Brussels, rue de la Colline n°13 registered with the Commercial Court of Brussels under the number 519.156, VAT number BE 437.024.590 [retail @ moulinsart.be, tel. 0032 2 514.51.52, fax 0032 2 502.32.57];
"Shipping": the web page called "shipping" which can be viewed by clicking on "go to the shipping section". This page displays all your personal Data after you submit your Member's ID and password or upon filling out your personal data (for the non Members).
"Password": the password chosen by you when becoming a Member which is personal and confidential and needs to be submitted when so requested.
"Price": the sales price for each Article includes taxes with the sole exception of Articles shipped outside the European Community or unless otherwise stipulated.
"Site": the site of the Shop whose URL is www.tintinboutique.com
SECTION D : ARTICLES — OFFERS-ORDERS
The main features of each Article are described in the relevant pages of the Site. The offers are valid upon presentation on the Site and will remain in force while in stock unless otherwise stipulated. It is understood that these offers are made without commitment and subject to purchase.
Entering www.tintinboutique.com allows to browse the catalogue view the Article and complete your Order ("add to the shopping cart") after having read carefully the description of the relevant Article and the general terms and conditions without prejudice to clicking on " continue your shopping", "delete" or "recalculate" before checking out.
The Order made pursuant to an Offer, accepted and confirmed by you after clicking on the button "proceed to payment" posted on the page "checkout" is irrevocable without prejudice (i) for you to exercise the right mentioned in article H or (ii) for the Shop to exercise its right (a) not to perform the Order issued or to be shipped in a country not covered by the shipping service of the Shop or (b) in case of being out of stock to propose a similar article without additional costs for you. Should the above be the case , the Shop will keep you informed thereof by electronic mail.
After proceeding to the payment, a number will be attributed to the Order and an airway bill number will be issued. You can read these numbers on line upon receipt of your purchase confirmation or on demand. Your order will be deemed accepted by the Shop as soon as you are able to acknowledge the receipt.
SECTION E : SALES PRICE AND SHIPPING COST
The sales price (including taxes) is indicated beside each of the Articles. The sales price does not include the shipping costs. The shipping costs are calculated separately and displayed in the summary statement of your Order on the page "Check Out". As far as the custom duty is concerned (if applicable), this duty must be borne by you and payable upon delivery to the shipper.
The prices are in Euros or US dollars. The prices posted in USD are for information only and may slightly vary according to the current exchange rate. Your order will be billed in Euro and the amount in USD indicated herein may slightly vary according to the exchange rate applied at the time of your credit card transaction.
SECTION F : PAYMENT METHOD
The Site exclusively uses payments by credit card via the secured payment system called NetCle@ring. This system allows to encrypt the data pertaining to your credit card when paying on line on the Site. The foregoing is evidenced by the small locks showed in the bottom left corner of the relevant pages as well as by the security notice which is affixed on said page.
The following credit cards are accepted by the Site: Visa, Master Card and American Express. When proceeding to the payment, you have to fill in your credit card number and its expiration date. The Shop shall not be liable for any loss resulting from the use (fraudulent or not) of your credit card by a third party and notably in case of a message interception.
Once you click on the button "proceed to payment" posted on the page "check out", NetCle@ring verifies and proceeds to the on-line payment. As far as the Belgium residents are concerned, the payment will be final and irrevocable after the expiration of the seven day period mentioned in Section H.
SECTION G : SHIPPING METHODS
The Shop will do its best effort to ship the Articles as quickly as possible. If the Site provides for time limits, the latter are mentioned for information only excluding any obligation of result from the Shop. The failure to meet the time limits will not entitle you to claim indemnity. You agree that a person of age other than you who is staying at the delivery address is entitled to take delivery of the parcel.
The weight limit for each parcel is 30kg. The shipping costs is not included in the Price. The shipping costs — and as the case may be the shipping time limits - are indicated in the page "check out".
Should you not be present when the delivery takes place, you will be informed of a next attempt. Any shipment which has been refused or failed following several successive absences will be returned to the Shop at your cost.
If upon receipt you notice visible damage to the parcel, you must immediately indicate such occurrence on the delivery slip prior to signing it thus accepting delivery. Whatever the case — visible damage or hidden defect, your complaint must be sent to the Shop by e-mail (retail@moulinsart.be) as well as via registered letter within sixty (60) days (including public holiday) from the delivery date. Beyond this limit, your complaint shall not be admissible.
If by some unlikely chance, you should not receive your order within one month from it's the date of Order, please inform the Shop (retail@moulinsart.be).
SECTION H : WAIVER
According to Belgian law you are entitled to notify the Shop that you cancel your purchase without justification and further penalties for you within 7 business days from the day following the delivery of the Articles. When returning the Articles you must also send a copy of your Order or the invoice. Within 30 days the Shop will reimburse the Price without prejudice to the application of the provisions of Section I.
In case a similar protection is in force in your country the above-mentioned paragraph will also apply.
If you claim this right to cancel, the provisions of Section I will apply.
SECTION I : RETURN
If you use the right stated in section H, you will bear the shipping costs for returning the Articles to the Shop. The Articles must be shipped to Moulinsart Entrepôt, P/O TintinBoutique.com , 7 Budasteenweg, B-1830 Machelen. The return of the Articles is made at your risk. The Articles must be in a good condition and shall not have been used by you.
SECTION J : CHARGES PERTAINING TO THE COMMUNICATION SYSTEM
The Price does not include the charges pertaining to the means of telecommunication . You have (1) to be equipped with all the equipment, including a computer and a modem, necessary to establish a connection with the World WideWeb and (2) to get access to the latter and pay all the charges related to the telecommunication services.
SECTION K : MEMBER / ID / PASSWORD
When first registering as a Member on the Site you need to choose an Identification and a Password which will be personal and unique.
The Member shall be responsible for protecting and safekeeping his/her Identification and Password confidential.
The Member may at any time change Identification or Password according to the instructions communicated to him.
By becoming a Member, you shall not have to re-introduce your Data at the time of a next purchase since they will be forthwith displayed on the page "Delivery" upon logging in with your Identification and Password. As a affiliated of a Tintin club (against consideration) you should benefit from certain advantages that the Shop will try to implement from time to time.
The Member who proceeds to an Order agrees that the Data capture made on the basis of filling in the Identification and Password constitutes the evidence of his/her identity, delivery and invoicing modalities. Nevertheless the Member shall be obliged to fill in his/her credit card number as well its expiration date for every purchase on the Site since the Shop does not store such data on its server.
SECTION L : "MY ACCOUNT"
We wish to draw your attention to the Data that are collected for the purpose of processing your Order and making any promotional campaign. You commit yourself not to use the identity of another individual or a false name.
The Shop complies with the Belgian law of December 8, 1992 on the protection of individuals with regard to the processing of personal data in respect of the Data collected and processed via the Site and stored in the Shop's data bases.
According to this law, each Member or purchaser is entitled to have access, delete, modify or rectify his/her Data. The Member may act accordingly by clicking on "my account" and filling in his/her Identification and Password. The purchaser may act similarly by sending an e-mail to sales@tintin.com or an ordinary mail to the Shop's address mentioned above.
The Member or the purchaser - provided that he/she volontarily subscribed to the mailing list by checking the relevant box — authorizes the Shop to (i) send him/her the tintin.com newsletter and/or unsolicited mail and/or (ii) communicate his/her e-mail address as well as its profile established by the Shop to a third party committed to the Shop under contract for e-marketing or statistic purposes. It is understood that this communication will be made in accordance with the conditions contained herein and the Belgian regulations in force. On every e-mail sent, the Shop or the third party concerned will allow the receiver to opt out at any time.
The Member or the purchaser may consult the records kept by The Commission on Privacy (Ministry of Justice).
SECTION M : INTELLECTUAL PROPERTY
Moulinsart owns all the exploitation (economic) rights pertaining to Hergé's work (hereinafter the "WORK") (excluding the distribution of the tintin comic books granted to the publisher), all its elements and characters as well as the trademarks. These rights include to use the WORK on the Web, to insert music, sounds, dubbing, subtitle, texts, drawings or photographic works into the WORK or combine the latter with other contents protected by copyright or neighboring rights. MOULINSART has the sole authority over the presentation of Web sites containing the WORK (including but not limited to banners and hyperlinks) and the on-line presentation of the WORK. The reproduction and communication to the public of text, images and any content displayed on www.tintinboutique.com is strictly prohibited without the previous written authorization of the Shop or MOULINSART.
SECTION N : GUARANTEES AND COMPLAINTS
All the Articles are carefully inspected before shipping. You shall do the same when accepting delivery of the Articles. Any complaints, must be addressed in accordance with section G herein.
The Shop guarantees that the Articles are exempt from any defects. No complaint or call to guarantee will be admissible beyond the time limit stated in Section G paragraph 4 with the sole exception of the one year limit for the watches.
No complaint may be lodged nor guarantee may be granted for grounds of disssatisfaction relating to the color, grain or texture of the Article due to the use of material for which the Shop has no control.
The guarantees as stated above are limitative and supersede over any other guarantees granted in explicit or implicit terms.
SECTION O : RESPONSIBILITY — LIMITS OF LIABILITY
Under no circumstances shall the Shop be responsible for any delay in processing an Order or if an Order is not processed, if such delay or default in processing of the Order is due to a technical cause, force majeure or the act of God. In such occurrence, the Shop shall have the right to delay shipping and delivery of an Order within reason or to cancel any Order.
The liability of the Shop, whether contractual or for default, is limited to the reimbursement of the amount of an Order and will not be subject to any other indemnification. The Shop will not be responsible for any indirect damages inflicted on you within the frame of the Contract.
SECTION P : EVIDENCE
Electronic mails or electronic documents may be used as evidence between the parties.
APPLICABLE LAW AND JURISDICTION
The Contract is governed by Belgian law. Members accept that any action or proceeding arising out of or relating to the Contract shall be commenced and maintained exclusively in courts located in Brussels, Belgium.
By notching the relevant box on the Site you recognize that you have read the entirety of the terms and conditions of the Contract above and you hereby accept their application.
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