CONDITIONS GENERAL SALE AND INFORMATION FOR CUSTOMERS
The Bantayliving.com site is the property of the company OPEN SPRL in its entirety, as well as all the rights relating thereto. All reproduction, in whole or in part, will be systematically subject to the authorization of the owners, under penalty of prosecution.
The customer acknowledges having read, at the time of the ordering, the special conditions of sale set out here and expressly declares to accept them without reservation.
The French language and the English language are authentic for the conclusion of the contract.
- CONCLUSION OF CONTRACT
These General Conditions of Sale of OPEN SPRL (hereinafter referred to as the “seller”) apply to all contracts that a consumer (hereinafter referred to as the “customer”) concludes with the seller relating to the products and / or services presented in its online store. These T & Cs cancel all conditions imposed by the customer, unless otherwise agreed.
For the purposes of these T & Cs, a consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. The term “professional” used in these T & Cs means a natural or legal person, whether public or private, who acts, including through another person acting in his name or on his behalf, for purposes which fall within the framework of its commercial, industrial, artisanal or liberal activity. In these T & Cs, the term “customer” refers to both a consumer and a professional.
- PURCHASE AND PAYMENT TERMS
To purchase an item, and thus place an order, you will need to add the item to your cart. You will be able to choose the amount of items you wish to order. Then you will need to fill in your customer account details, choose the delivery method, the payment method and insert your promotional code if applicable. You can then check the details of your order and, if necessary, correct any errors before placing your order. The essential characteristics and the price of our products are indicated on the pages containing the detailed description of the products of the online store.
We accept the following payment methods: bank card, credit card, Visa, Amex, Maestro as well as the secure payment system Paypal. Depending on each order, however, we reserve the right not to offer certain payment methods or to offer others. We only accept payments from bank accounts held in the European Union (EU). All costs related to your payment are your responsibility.
For the security of your payments, we use the secure STRIPE platform (www.stripe.com), one of the most reliable online payment solutions. With this system, your card payment is made directly on the secure server on our behalf. At no time will your card number, nor the other confidential data associated with it, be communicated to us.
- PRICES AND SHIPPING COSTS
The prices indicated by the seller are final prices in euros, all taxes included. Additional delivery and shipping costs, if any, will be shown separately in the corresponding product description. The goods remain our property until full payment of the sale price and, where applicable, delivery costs.
For deliveries outside of Belgium or mainland France, the customer undertakes to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws. of the country of receipt of the order.
BANTAYLIVING.COM is released from all legal responsibilities if the payment of taxes was not made by the customer.
All orders placed are for the personal use of customers. Customers or recipients of the products are prohibited from any partial or total resale of the products.
After order confirmation, BANTAYLIVING.COM undertakes to process all references ordered by the buyer within a maximum of 48 working hours. The logistician undertakes by contract to deliver the order to the buyer’s address, either by post or by private carrier.
- RETURNS AND REFUNDS
In case an item does not suit you, please return it to us within 14 days of its delivery date to the following address:
We thank you for indicating the reason for the return on the return slip included in your package, in order to improve our offer in the future. Please pack items carefully to avoid damage in transit, in the original packaging or similar packaging.
Insofar as the post office or the transport company returns the goods to the seller due to the inability to deliver them to the customer, the costs incurred by the failure of the shipment will be chargeable to the customer. However, this will not apply if the customer has effectively exercised his right of withdrawal, if the customer is not responsible for the circumstances that led to the impossibility of delivering the goods, or if he was temporarily prevented from taking delivery, unless the seller has notified him in advance of a reasonable delivery period.
We will confirm the receipt of the items to you, as soon as we have received and checked them. You will be refunded the amount paid for your order, including shipping costs.
- APPLICABLE LAW, COMPETENT JURISDICTION
If the customer is a consumer within the meaning of Article 2, any legal relationship between the contracting parties is governed by the law of the country where the customer has his habitual residence, to the exclusion of United Nations international trade law. The competent jurisdiction for any dispute in connection with this contract is exclusively that of the customer’s habitual residence.
If the customer is a professional within the meaning of the same article 2, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, to the exclusion of United Nations international trade law. The competent jurisdiction for any dispute in connection with this contract is exclusively that of the registered office of the seller, in this case the Courts of Brussels.
Extra-judicial settlement of disputes
The European Commission includes on its website an electronic link to the online dispute resolution platform as follows:https://ec.europa.eu/consumers/odr. This platform is a one-stop-shop for out-of-court settlement of disputes arising from online sales or service contracts concluded between a consumer and a professional.
Seller is neither obligated nor willing to participate in out-of-court dispute resolution with an out-of-court dispute resolution body.
- DATA PROTECTION
- INFORMATION ON THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE DATA CONTROLLER
1.1 We welcome your visit to our website and your interest in our services. We inform you here about the processing of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The data controller on this website is, within the meaning of the General Data Protection Regulation RGPD OPEN SPRL, 231 avenue Louise 1000 Brussels, E-Mail: firstname.lastname@example.org. The person responsible for processing personal data is the natural or legal person, public authority, department or other body which, alone or jointly with others, determines the purposes and means of processing personal data.
1.4 This website uses SSL (Secure Socket Layer) or TLS (Transport Layer Security) encryption for security reasons and to protect the transmission of personal data as well as ‘other confidential content (such as orders or inquiries). You can recognize an encrypted connection by the character string “https: //” and / or the padlock symbol in the navigation bar.
2) COLLECTION OF DATA WHEN VISITING OUR WEBSITE
When you use our website for informational purposes only, i.e. if you do not register or provide us with other information, we only collect the data transmitted by your browser to our server (the “Server-Logfiles or” log files “). Thus, when visiting our website, only the following data which is technically necessary for us to present the website to you will be collected:
- The visited website
- The date and time of access to the website
- The amount (in bytes) of data sent
- The source / reference from which you came to consult our site
- The browser used
- The operating system
- The IP address used (if applicable: in anonymous form)
The processing is carried out in accordance with Article 6 paragraph 1 point f GDPR in our legitimate interest in improving the stability and functionality of the website. The data will not be transmitted or used for other purposes. We reserve the right in any case to check the server log files at a later date if there are concrete indications of illegal use.
In some cases, cookies are used to simplify the ordering process by allowing the saving of certain parameters (for example, by memorizing the contents of a virtual shopping cart for a later visit). In the event that personal data is processed by the cookies we use, the processing is carried out in accordance with the provisions of Article 6 (1) (b) GDPR for the execution of the contract or, in accordance with the Article 6 (1) (f) GDPR, to safeguard our legitimate interest in providing our website with the best possible functionality and in enabling user-friendly and efficient configuration of the website.
We work with advertising partners who help us make our website more attractive. To do this, cookies from partner companies are also saved on your hard drive when you visit our website (“third-party cookies”). In the following, you will find individual and separate information on the respective use of this type of cookies, as well as on the extent of the information collected.
Please note that you can configure your browser so that you are informed of the presence of cookies and the possibility of being able to individually decide on their acceptance or exclusion, on a case-by-case basis or in a more general manner. The management of cookie settings is specific to each browser.
Please refer to the help menu of your browser to find out the existing configuration methods.
4) MAKING CONTACT
Personal data is collected when contacting our services (for example via the contact form or by e-mail). The data collected through the contact form can be viewed from this same form. These data are recorded and used for the sole purpose of responding to your request and to allow contact to be made as well as the corresponding technical administration. Data processing is carried out, where appropriate, in accordance with the provisions of Article 6 (1) (f) GDPR on the basis of our legitimate interest in responding to your request.
In addition, if the purpose of your contact is to conclude a contract, the processing of your data will be carried out on the basis of Article 6 (1) (b) GDPR.
At the end of the final processing of your request, that is to say when it can be deduced from the circumstances that the situation is definitively clarified and there is no legal obligation to store otherwise, your data is immediately deleted.
5) PROCESSING OF DATA AT THE TIME OF OPENING A CUSTOMER ACCOUNT AND AS PART OF THE EXECUTION OF THE CONTRACT
Pursuant to Article 6 (1) (b) GDPR, personal data may also be collected and processed if you transmit them to us for the performance of a contract or for the opening of a customer account. The data collected can be viewed from this same form. Deletion of your customer account is possible at any time by contacting the controller at the above address.
We store and use the data you provide to us for the performance of contracts. After full performance of the contract or after deletion of your customer account, your data will be blocked in consideration of fiscal and commercial retention periods and then deleted at the expiration of these periods, unless you have expressly consented to the further use of your data or that a further use authorized by law has been provided by our website and detailed in what follows.
6) USE OF YOUR DATA FOR PROSPECTING PURPOSES
6.1 If you subscribe to our Newsletter, information about our offers will be communicated to you on a regular basis. The only information necessary for sending the Newsletter is your e-mail address. The possible indication of other data is optional and can only be used to contact you personally. We use the so-called “double opt-in” procedure for sending our Newsletter. This means that you will only receive our Newsletter by e-mail if you have expressly consented to its sending. After receipt of your consent, a confirmation e-mail asking you to confirm one last time your wish to receive our future newsletters will be sent to you and you will only have to click on the confirmation link sent to confirm definitively. your subscription to our Newsletter.
In accordance with the provisions of Article 6 (1) (a) GDPR, it is by activating the confirmation link that you give us your final consent to use your personal data. When subscribing to the Newsletter, we record the IP address provided by the Internet Service Provider (ISP), as well as the date and time of the subscription so that we can trace any possible misuse of your e-mail address at a later date. The data we collect when subscribing to our Newsletter will be used exclusively for advertising purposes and through our Newsletter. You can unsubscribe from the Newsletter at any time via the link provided or by sending a message to the above-mentioned controller. After you unsubscribe, your e-mail address will be immediately removed from our mailing list, unless you have expressly consented to a further use of your data or a further use permitted by law has been provided in this statement.
6.2 In accordance with the provisions of Article 6, paragraph 1, point f) GDPR and in our legitimate interest in personalized prospecting, we reserve the right to keep your contact details (surname, first name, address postal service and, if we have received this additional information from you within the framework of the contractual relationship, your title, diploma, year of birth and professional, industrial or commercial name) and to use it to send you commercial offers by post. and information about our products.
You can object at any time to the registration and use of your data for this purpose by contacting the controller.
7) DATA PROCESSING AS PART OF ORDER PROCESSING
7.1 To process your order, we work with the service provider (s) mentioned below. They support us totally or partially in the execution of the concluded contracts. Certain personal data is thus transferred to them as follows:
Within the framework of the execution of the contract, the personal data which we collect are only transmitted to the transport company responsible for the delivery if they are necessary for the delivery of the goods.
As part of the processing of payment for the goods, the data that we collect are only transmitted to the authorized credit institution if this is necessary for the payment of the order. In the event that payment service providers are used, we will explicitly inform you of this in this statement. The legal basis for the transfer of this data is Article 6 (1) (b) GDPR.
7.2 Use of service providers payment services
You can object to the processing of this data at any time by sending a message to PayPal. However, PayPal may continue to process your personal data if this is necessary for the processing of payments.
If you choose one of the payment methods offered by the service provider’s bank card payment portal, the payment is processed through the service provider’s bank card payment portal, Stripe (www.stripe.com 510 Townsend Street San Francisco, CA 94103, United States) to whom we pass on the information you provide us during the ordering process, including information concerning your order (name, address, if applicable IBAN, possibly BIC, amount, currency, or even transaction number). Your data will only be transmitted to the service provider’s bank card payment portal in order to process payments in accordance with Art. 6 (1) point b GDPR, as this is necessary to verify and settle the payment order in order to fulfill the contract you have concluded with us. Your data will only be transmitted if this is necessary for the processing of the payment.
Stripe acting as an acquirer of payment cards from credit card organizations, the company has a specific interest in processing this data, and acts as a data controller within the meaning of Article 4 (7) of the GDPR . As such, Stripe will decide on the method and means of processing your personal data.
10) DIGITAL MARKETING
Our site uses the online advertising program “Google AdWords” and, in this context, conversion tracking from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). We use the offer of Google Adwords, and in particular its advertising insertion techniques (Google AdWords) on third-party websites in order to draw attention to our offers. The data collected allows us to determine the success of our various advertising campaigns. We are committed to showing you only advertisements which may be of interest to you, to make our website more attractive to you and to obtain a fair calculation of advertising costs.
The conversion tracking cookie is activated when a user clicks on an AdWords ad displayed by Google. Cookies are small text files saved on your computer system. These cookies generally expire after 30 days and are not used for user identification purposes. If the user goes to certain pages of this website and the cookie has not yet expired, we (as well as Google) will be able to determine that the user clicked on the ad and then was redirected to the corresponding website. Cookies are different for each Google AdWords customer and therefore cannot be tracked by the websites of other AdWords customers. The information collected with the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. These customers get the total number of users who clicked on their ad and are then redirected to a page with a conversion tracking tag. However, they do not receive any information allowing the precise identification of users.
If you do not wish to participate in tracking, you can block this use by deactivating the Google conversion tracking cookie in the user settings of your Internet browser. You will not be included in the conversion tracking statistics.
We use Google Adwords in accordance with Art.6 para. 1 lit.f GDPR i.e. in our legitimate interest in targeted advertising.
Google LLC, established in the United States, participates in the EU – United States Privacy Shield, which aims to guarantee the protection of personal data that is transferred from a member state of the European Union to the United States.
You can permanently deactivate advertising cookies by setting your internet browser accordingly or by downloading the browser plugin available under the following link:
Please note that if these cookies are disabled, some functionality of the website may be limited or may not be usable.
11) WEB ANALYSIS SERVICE
– Google Universal Analytics
This website uses Google Analytics, a web analysis service offered by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses small text files saved on your computer (“Cookies”), which help us analyze user use of the site. The information generated by the cookies on the use of the website (including the abbreviated IP address) is normally transmitted and saved on a Google server located in the United States.
This site uses Google Analytics exclusively with the extension “_anonymizeIp ()”. This extension ensures the anonymization of the IP address by shortening and thus excludes any personal and direct connection with the user.
Due to the extension, your IP address will be abbreviated beforehand by Google in the Member States of the European Union or in the signatory states of the Agreement on the European Economic Area. It is only exceptionally that the full IP address may be transmitted to a Google server in the United States before being abbreviated there as well. In this case, the data processing is carried out in accordance with Article 6 (1) (f) in our legitimate interest in the statistical analysis of user behavior and for optimization and marketing purposes.
Google will use this information on our behalf in order to analyze your use of the website, to compile reports on its activity and to provide us with other services related to the use of the website. The anonymized IP address transmitted by your browser as part of the Google Analytics service is not combined with other data held by Google.
You can also prevent Google from collecting and processing data about your use of the website (including your IP address). which are generated by the aforementioned cookie by installing the browser plugin available under the following link:
As an alternative to the browser plugin or for browsers on mobile devices, we invite you to click on the link below to set an opt-out (or exclusion) cookie which will prevent any future collection of data by Google Analytics (This opt-out cookie only works for this browser and only for this domain. So if you delete your cookies in the browser, you will have to use this link again):
Disable Google Analytics
Google LLC, established in the United States, participates in the EU – United States Privacy Shield, which aims to ensure the protection of personal data that is transferred from a member state of the European Union to the United States.
This website also uses Google Analytics for a cross-analysis of visitor flows regardless of the device of use and by means of an identifier user. You can deactivate the cross-analysis of the visitor flow from your customer account under “My data” then “Personal data”.
You can find more information on how Google Analytics processes user data in the declaration at Google data protection: https://support.google.com/analytics/answer/6004245?hl=french.
12) RE-TARGING, REMARKETING AND ADVERTISING RECOMMENDATION
Bing Ads (Microsoft Corporation)
This website uses “Bing Ads” conversion tracking technology from Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). If you access our website through a Microsoft Bing ad, a “Bing Ads” cookie is placed on your computer.
Cookies are small text files that are stored on your computer system. . These cookies normally expire after 180 days and are not used for user identification purposes.
If the user visits certain pages of this website and the cookie has not yet expired, we (as well as Microsoft) will be able to determine that the user clicked on the ad and was then redirected to the corresponding website (conversion page). Any data processing is carried out in accordance with the provisions of Article 6 (1) (f) GDPR in our legitimate interest in effective marketing.
The data collected with the help of the conversion cookie is used for generate conversion statistics, i.e. to know the number of users accessing a conversion page after clicking on an advertisement. This allows us to know the total number of users who were redirected to a page with a conversion tracking tag after clicking on our ad. However, we do not receive any personally identifiable information from users.
Microsoft Corporation, headquartered in the United States, participates in the EU-US Privacy Shield, which aims to guarantee the protection of personal data that is transferred from a member state of the European Union to the United States.
If you do not wish to participate in tracking, you can block this use by disabling the cookie for Bing Ads conversion tracking in the user settings of your internet browser. You will then not be included in the conversion tracking statistics.
You can also use the opt-out page for EU consumers (http://www.youronlinechoices.com/uk/your-ad- choices /) to check if Microsoft advertising cookies are used by your browser and, if so, to disable them.
Audience tracking by Facebook pixel
This site uses the “Facebook Pixel” of Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”) which allows to follow the actions taken by people on your website following the publication of an advertisement. This tool is designed to evaluate the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising efforts.
The data collected is anonymous and does not give us any indication of the The identity of the users.
However, this data is recorded and processed by Facebook and therefore allows a link to be made with the corresponding user profile. In accordance with the data use policy (https://www.facebook.com/about/privacy/) Facebook may also use this data for its own advertising purposes.
You may allow Facebook and its partners to serve ads on and outside of Facebook. In this case, a cookie will be used on your computer.
Facebook Inc, based in the United States, participates in the EU-US Privacy Shield, which aims to ensure protection personal data that is transferred from a member state of the European Union to the United States.
Disabling all cookies may however affect the functionality of our web pages and / or prevent their execution.
Google AdWords Remarketing
Our website uses functions of Google AdWords Remarketing to serve ads for this website in Google search results or third party websites. The provider is Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).
For this purpose, Google uses a cookie placed in the browser of your terminal and which goes, through an identifier an anonymous cookie and on the basis of your previous research, be able to offer targeted advertising. The data processing is carried out, in accordance with the provisions of Article 6, paragraph 1, point f) in our legitimate interest in an optimal marketing of our website.
These data may not be subject to a additional processing more context than where you have agreed with Google that your internet browsing history and in Google applications can be linked to your Google account and that your Google account information can be used to personalize the ads you view on the Internet. In this case, if you are logged in to Google when visiting our website, Google will use your data together with that of Google Analytics to create and define a list of targets for cross-remarketing. Google will thus temporarily combine your personal data with data from Google Analytics in order to form target groups.
You can permanently deactivate the use of advertising cookies by downloading the browser plugin available under the following link :https://www.google.com/settings/ads/onweb/
Finally, please note that you can set your browser to be informed of the presence of cookies and the possibility of being able to decide individually on their acceptance or exclusion, on a case-by-case basis or more generally. If cookies are not accepted, the functionality of our website may be limited.
Google LLC, based in the United States, participates in the EU-US Privacy Shield, which has for the purpose of ensuring the protection of personal data transferred from a member state of the European Union to the United States.
For more information on Google’s use of personal data for advertising purposes, please visit the following site:
Our site also uses the Facebook (see more details in paragraph 8 of this Statement) and Google communication tools, in particular Facebook Custom Audiences, Facebook Similar Audiences and Google Customer List Targeting. A non-reversible, non-personal hash code is generated from your usage data, which may be transmitted to Facebook and Google for analysis and marketing purposes. For more information on the purpose and scope of data collection, the processing and use of data as well as the configuration options available to protect your privacy, please refer to the privacy guidelines. Facebook data at the address https://en-gb.facebook.com/policy.php or Google at the address https://policies.google.com/privacy?hl=en.If you wish to object to the use of Custom Audiences of Facebook sites, you can do so in Facebook’s privacy settings. Google users can control the ads they see on Google services, including Ads for Similar Audiences in their Google Advertising Settings.
13) TOOLS AND MISCELLANEOUS
13.1 Google Maps
On our website we use Google Maps (API) from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service for displaying interactive maps (of countries) in order to visually display geographic information. Using this service will show you our location and make it easier for you to find us.
When you access the subpages that contain the Google Maps map, information about your use of our website (such as your IP address) is transmitted and stored by Google on servers in the United States. This regardless of whether or not Google provides you with a user account with which you are logged in or whether there is a user account. If you are logged in to Google, your information will be directly associated with your account. If you do not want to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular in accordance with the provisions of Article 6 paragraph 1 point f GDPR on the basis of Google’s legitimate interests in the insertion of personalized advertising, market research and / or a demand-oriented design of its website. You have the right to object to the creation of these user profiles. To this end, you must contact Google to exercise this right.
Google LLC, established in the United States, participates in the EU – United States Privacy Shield, which aims to guarantee the protection of personal data that is transferred from a member state of the European Union to the United States.
13.2 Trusted Shops Trust Badge
14) RIGHTS OF THE DATA SUBJECT
14.1 The applicable data protection regulations grant you rights (information and intervention rights) vis-à-vis the data controller, of which we inform you below:
- Right of access to information (Art. 15 GDPR)
- Right of rectification (Art. 16 GDPR)
- Right to erasure or “Right to be forgotten” (Art. 15 GDPR)
- Right to restriction of processing (Art. 18 GDPR)
- Right to information (Art. 19 GDPR)
- Right to data portability (Art. 20 GDPR)
- Right to withdraw the consent given (Art. 7 (3) GDPR)
- Right of complaint
14.2 RIGHT OF OBJECTION
If we process your personal data on the basis that there are compelling legitimate reasons which prevail over your own interests, you can object to this processing at any time for your own reasons.
If you exercise this right of objection, the processing of the data concerned will cease immediately. However, we will reserve the right to continue the processing if we can prove that the continuation of the processing is justified by legitimate and compelling reasons which prevail over your interests, rights and freedoms or if the continuation of the processing allows the finding, the exercise or defence of legal claims.
When we process your personal data for prospecting purposes, you have the right to object at any time to the processing of your data for such prospecting purposes by following the procedures described below.
15) PERIOD OF CONSERVATION OF PERSONAL DATA
The retention period of personal data is determined by the applicable legal retention period (for example, commercial and fiscal retention periods).
After the expiration of these deadlines, the corresponding data will be systematically and regularly erased, provided that they are no longer necessary for the execution or initiation of the contract and / or that there is no longer a legitimate interest in their conservation.
- LEGAL NOTICE
231 AVENUE LOUISE
LEGAL REPRESENTATIVE AND PUBLICATION DIRECTOR:
REGISTRATION IN THE TRADE REGISTER
VAT number: BE 829 547 760