Terms of Sales

These general terms and conditions of sale are intended to define exhaustively all the terms and conditions of sale between “Foudebassin” and “the buyer”, from ordering the product or service through payment, delivery, warranty of the products purchased, and withdrawal from the purchase. These conditions define all the steps required to place an order through to delivery to the final recipient. 

“The buyer” is deemed to have read FOUDEBASSIN’s general terms and conditions when entering into the contract and to accept these general terms and conditions of sale without reservation. 

If one of the clauses contained in the general terms and conditions of sale is declared unfair, illegal, or unenforceable due to a change in legislation or following a legal decision that has become effective, the nullity or unenforceability will be limited to that clause and will not affect the validity of the other provisions.

Offer

If an offer has a limited validity period or is subject to certain conditions, this will be clearly indicated on the FOUDEBASSIN website. FOUDEBASSIN always describes the products sold as completely and accurately as possible.

Offers for products considered by FOUDEBASSIN and indicated on the product page as “deliverable” are valid in Belgium, Luxembourg, and France. As for “non-deliverable” products, the offer applies exclusively in Belgium. 

When FOUDEBASSIN illustrates its items with images, these faithfully represent the goods. An error is always possible and, if there is clearly an error, FOUDEBASSIN is not required to deliver the corresponding goods because the images are non-contractual. 

Additional Offers, Upsell, Cross-sell, and Conditional Discounts

Certain promotional offers available on Foudebassin.com may be conditional on the simultaneous purchase of one or more other products.

These offers may in particular take the form of an additional product at a reduced price, a discount on a second item, an additional product at a preferential price, a bundle, or any other offer known as an “upsell” or “cross-sell.”

The preferential price granted under these offers is inseparable from compliance with the conditions of the initial offer.

In the event of cancellation, refund, or return of one of the products that made it possible to benefit from this discount, Foudebassin.com reserves the right to recalculate the price of the items kept based on their applicable price outside the promotional offer.

When the discount is expressly conditional on the purchase of several products, the customer may not keep only the discounted product(s) while canceling the product(s) that made it possible to benefit from the discount.

The amount of any refund will therefore be calculated after taking into account the loss of the promotional benefit initially granted.

This provision applies in particular to offers such as “second product at 20% off,” “additional product at a reduced price,” “duo offer,” “bundle,” “combined offer,” or any similar offer clearly presented as conditional on the purchase of another product.

Order

General

We specify that the products displayed as available for order on the website are subject to available stock, as stated in Article 4 of these General Terms and Conditions.

Once payment has been received, it is final. All credit or debit card payment transactions are subject to authorization by the card issuer.

If your card issuer declines your payment, we cannot be held responsible for delays in delivery and/or the non-delivery of your order.

Purchase via the website with online payment and home delivery

To purchase our products, “the buyer” must select them and add them to their shopping cart. They can then click the “order” button to validate their purchase and begin entering their contact and billing details. At any time (except after payment), the customer may view and modify the contents of their order. 

After validating their cart, “the buyer” will be shown a summary page where they must confirm their acceptance of our general terms and conditions and check their order summary. This summary will display all of “the buyer's” purchases, including the total cost. The order validation carried out by “the buyer” will only be considered final once “the buyer” has paid the order price.

Once you have completed all these steps and FOUDEBASSIN has received authorization for the payment transaction from your credit or debit card issuer, your purchase is final. We will then email you an order confirmation. This confirmation email will confirm the maximum delivery period and, if this period is exceeded, the possibility of canceling the order free of charge.

If “the buyer” has not yet received an order confirmation, they may modify or cancel their order at any time. 

All online payment methods accepted on our webshop are listed in Article 5 of the general terms and conditions relating to prices.

Encoding error by one of our customers

In the event that one of our customers enters an address incorrectly, AQUIFLOR FOUDEBASSIN shall not be responsible for the customer's encoding error. In the event of additional costs, Foudebassin AQUIFLOR reserves the right to add additional charges or charge return costs resulting from this error. Parcel disposal fees may also be associated with this error. 

Reservation via the website and In-Store Collection

Some of the items offered by FOUDEBASSIN cannot be delivered to your home (due to their weight and transport restrictions). However, the item page will inform “the buyer” that the product is “non-deliverable” but can be reserved for collection at the FOUDEBASSIN store. The reservation becomes final after clicking the order finalization button and entering all your contact and billing details. A link to the general terms and conditions on a durable medium is added to the confirmation email. 

The items are then gathered in the store. Products that are not in stock at the store are ordered and will be available within an estimated period of 10 business days. 

FOUDEBASSIN cannot be held responsible for late preparation or the absence of certain products. If the order is incomplete, please refer to Article 4 on product availability. Payment will be made in the store upon pickup. FOUDEBASSIN will reserve the items for you at its store for 10 days.

Order confirmation

Any confirmation of your order or product reservation constitutes your acceptance of these general terms and conditions of sale, without exception or reservation. All data entered by “the buyer” and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of these terms. The order confirmation will constitute a signature and acceptance of the transactions carried out.

In the case of an online sale

The right of withdrawal applies only to purchases made remotely via the website, Facebook, email, or telephone, including delivery. The right of withdrawal does not apply to reservations made via the website with in-store pickup. 

The right of withdrawal means that you have the right to cancel your purchase within 14 days of delivery of the items. During this period, the items may be returned no later than 14 days after notifying FOUDEBASSIN of your decision to cancel the purchase, without financial penalty and without having to provide a reason. Within 14 days of FOUDEBASSIN receiving the items, the full purchase price of the items will be refunded to you (by bank transfer). 

If you wish to return the goods as described above, you may unpack and handle them only to the extent necessary to assess their nature, characteristics, and operation. If you return items, this must be done with all accessories supplied, in their original condition and in the original packaging. 

If you wish to return goods to our physical store, you are responsible for the direct costs of returning the goods. If the goods cannot be returned by post, we will collect them from your home. We will inform you of the cost or estimate it if it is not reasonably possible to calculate it in advance. 

To enable you to exercise your right of withdrawal quickly and correctly, you can download the withdrawal form and send it to our store. If you wish to exchange the product for another product, please contact the FOUDEBASSIN Customer Service. The right of withdrawal does not apply in certain specific cases provided for by law, such as perishable or live goods and goods personalized according to the customer's instructions.

For any request to withdraw from the order placed by the buyer, we invite them to contact customer service by email (info@foudebassin.com), by telephone at 010 86 03 54, or by post (see the address in Article 1). The product returned by the “buyer” must be in new condition, with its original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, together with a purchase invoice enabling FOUDEBASSIN to verify the buyer's identity. Products that do not meet these general conditions will not be accepted for return by FOUDEBASSIN.

In the case of an in-store sale

If you wish to return or exchange a product purchased from FOUDEBASSIN (physical store), the seller will determine the return or exchange conditions.

Returns due to incompatibility or the buyer's error in judgment

We make every effort to provide accurate descriptions and reliable technical information for each product. However, the dimensions indicated on the website are provided for guidance only, based on data supplied by the manufacturers. It is the customer's responsibility to verify that the products ordered are compatible with their installation, particularly with regard to dimensions, connections, and technical requirements.

In the event of an error in judgment or incompatibility upon receipt of the product, returns are accepted within 14 days, provided that the products have not been used, are in their original condition, and are in their complete original packaging. Return shipping costs are the customer's responsibility. No automatic exchange is made: a credit note or refund will be offered, and a new order may be placed for the desired product or products.

Gift voucher

The FOUDEBASSIN gift voucher remains valid for 1 year from the purchase date and may be used to purchase items at our physical store. Once the expiry date has passed, the gift voucher may no longer be used or exchanged. Any remaining balance on the gift voucher may not be used for a subsequent purchase. FOUDEBASSIN is not liable for indirect damage to the gift voucher (damage to the gift voucher). Any fraud or other unauthorized action will be recorded and will result in the prohibition of using the gift voucher and legal proceedings.

Loyalty card

When you present your loyalty card at checkout, you receive 1 bonus point for every EUR 1 spent at a physical point of sale. Your points are recorded automatically and printed on your receipt. Each time you reach 100 points, you receive a EUR 5 voucher valid for your next purchase at the FOUDEBASSIN store. You may use this voucher from the first day after receiving it, and it remains valid for 1 year.

In the event of force majeure, we are not required to fulfill our obligations. In such a case, we are entitled to suspend our obligations for the duration of the force majeure event. All situations beyond our control are considered force majeure. In particular, force majeure includes strikes, fires, breakdowns, power outages, network disruptions and/or the possible unavailability of our website.

FOUDEBASSIN is not responsible for errors or negligence, including on the part of contracted service providers or employees, except in cases of intentional acts or gross negligence. FOUDEBASSIN's liability is always limited to direct and personal damages, and can never exceed the purchase price of the product. FOUDEBASSIN is not responsible for any loss or damage arising from the use of a product.

Website Use

FOUDEBASSIN cannot be held liable for any damage suffered by a visitor to the FOUDEBASSIN website in the event of interruptions or errors in the website's electronic publication, or if access to the website is impossible. This website contains links or references to other websites. FOUDEBASSIN has no authority over these websites and therefore cannot be held liable for their content or features, or for any other form of damage arising from their use. 

Sending to and from the FOUDEBASSIN website illegal content, such as threatening, discriminatory, racist, obscene or pornographic content that violates national or international law, is prohibited. FOUDEBASSIN may monitor the sections of the website where users can submit communications. However, FOUDEBASSIN is not responsible for the content of such communications. FOUDEBASSIN reserves the right to remove from its website data submitted by users if that data does not correspond to the purposes of the website.

For professional customers, FOUDEBASSIN’s liability is limited to direct and foreseeable damages, with the express exclusion of any loss of turnover, clientele, or any indirect damage.

The information available on the FOUDEBASSIN website may only be downloaded for private purposes. Any other use is prohibited. All content on this website is protected by the intellectual property rights of FOUDEBASSIN, its suppliers, or any other rights holder. 

The total or partial use of this information for commercial purposes, as well as the electronic recording of this information or its use for illegal purposes, is prohibited without the prior written authorization of FOUDEBASSIN, except for identifying products and services. 

Any communication sent by the user to the FOUDEBASSIN website is considered non-confidential and not protected by copyright. FOUDEBASSIN is not responsible for these communications. FOUDEBASSIN  has the right to delete, copy, publish, distribute, reproduce, and otherwise use these communications for any useful purpose.

Certain orders placed with “FOUDEBASSIN” may contain missing or damaged products, or products that do not conform to the order. If the “buyer” believes that the products are defective or do not conform to the order, they may, subject to providing reasons describing the order’s defect, send their complaints to FOUDEBASSIN’s customer service. Our customer has 14 days from delivery to submit these complaints to FOUDEBASSIN . After this period, FOUDEBASSIN will no longer refund the “buyer’s” order or exchange products or services. 

For all complaints concerning an exchange or refund, FOUDEBASSIN will inform its buyer of the decision. If the decision is in favor of the buyer, the product must be returned to the following address: FOUDEBASSIN, 22 Rue de la liberté, 1320 Nodebais. The product must be in new condition, with its original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, along with a purchase invoice enabling FOUDEBASSIN to verify the buyer’s identity. 

After the product has been returned and a decision has been made internally, FOUDEBASSIN will offer the customer a product exchange, a full refund, or delivery of another product of similar quality and value within 14 days following the refund or exchange request. Return shipping costs will be borne by the purchaser. The exchange of the defective product will be paid for by FOUDEBASSIN. 

No exchange or refund will be provided if FOUDEBASSIN determines that the failure is attributable to the purchaser and results from improper or non-compliant use and/or modification of the product at the purchaser’s initiative. 

If you have any complaints regarding our goods or services, you can contact us using the following details. For any requests to withdraw, please refer to Article 5 on the right of withdrawal.

FOUDEBASSIN is a brand of Aquiflor SPRL
22 Rue de la liberté
1320 Nodebais (Belgium)
support@aquiflor.com
+32 (0)10.86.03.54

The after-sales service provides for a period of 5 working days to inform the purchaser of a proposed solution to the dispute. FOUDEBASSIN favors an amicable settlement of any complaints. FOUDEBASSIN also accepts the intervention of the disputes committee (or the board of directors) for anything concerning the Becommerce label. Belgian law is the only applicable law in this type of dispute. 

However, if your complaint cannot be resolved, you may contact the Consumer Mediation Service for the out-of-court settlement of consumer disputes. 

Consumer Mediation Service North Gate II Boulevard du Roi Albert II 8 1000 Brussels Tel.: 0032/2 702 52 00 - Fax: 0032/2 808 71 29 - Email: contact@mediationconsommateur.be 
Website: www.mediationconsommateur.be The European Union provides a digital platform dedicated to Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ Belgian law applies. In the event of a dispute, only the courts of Nivelles have jurisdiction.

FOUDEBASSIN collects the purchaser’s personal data (the person placing the order); this information is provided on the website. It can be modified at any time, and the purchaser may request the complete deletion of their account through our customer service. 

FOUDEBASSIN firmly undertakes not to disclose this data to third parties; it will be used exclusively in the company's internal services for the purpose of enhancing or personalizing newsletters / emails / or sales documents. The buyer may exercise their right to deletion directly by sending an email to support@aquiflor.com 

Data controller: Pierre-François Danse (under the responsibility of the private limited company Aquiflor SPRL). The data collected is adequate, relevant, and not excessive in relation to the purposes for which it is obtained.

If one of the clauses in these general terms and conditions of sale is declared unfair, illegal, or unenforceable due to a change in legislation or following a final legal decision, the invalidity or unenforceability shall be limited to that clause and shall not affect the validity of the other provisions of the general terms and conditions. 

Under no circumstances shall the invalidity of any clause of these terms and conditions affect the validity of the other clauses. The computer data stored in the computer system set up by FOUDEBASSIN shall be considered evidence of communications, orders, and payments made between the parties.

All of the above general terms and conditions are subject to Belgian law. In the event of a dispute, only the courts of Nivelles shall have jurisdiction over all disputes and claims.

Article 17 – Store Integrity Protection Clause

Protection of the Reputation and Integrity of Aquipond.com:

Any attempt to defame, spread false information about, or harass the store or its employees is strictly prohibited. We take our reputation and the integrity of our business operations very seriously. Accordingly, we reserve the right to take appropriate legal action against any individual or legal entity engaging in such actions.

If a customer posts reviews or public comments (including on social media, forums, online review sites, etc.) that are intentionally false or defamatory, Aquipond.com reserves the right to:

1. Request a public retraction and apology.
2. Initiate legal proceedings for defamation and claim damages.

By accepting these general terms and conditions, the customer acknowledges understanding and accepting this clause. Any abusive use of the communication platform intended to unjustifiably harm the store’s reputation will be considered a serious breach of these terms and may result in the immediate termination of any business relationship with Aquipond.com, without prejudice to any legal action that may be taken.

Exclusion of Warranty and Liability:

We strive to provide high-quality products and services. However, in the event of a dispute, customers are encouraged to contact our customer service team to find an amicable solution. Any threat of negative publicity will not be tolerated as a means of pressure to obtain unjustified benefits.

Article 18 – Foudebassin Loyalty Program

Foudebassin reserves the right to modify its loyalty and referral program at any time. You may receive points for several actions: following us on social media, reviewing products purchased from us, or other actions. For any questions, contact support@foudebassin.com

Foudebassin also reserves the right to ban from the loyalty program at any time anyone who posts fake reviews (for a product they have never purchased from us) to obtain additional points. For any questions, contact support@foudebassin.com

Article 19 - Right to Refuse an Order

In the interests of service quality, Foudebassin.com reserves the right to stop accepting orders from a customer who has had an excessive number of disputes with our services.

This measure is taken only after an assessment of the situation and when repeated complaints or refund requests exceed a reasonable threshold, thereby compromising the proper operation of our business.

If we decide to stop processing an order, we will immediately issue a full refund of the amount paid by the customer. This decision is never taken lightly and is intended solely to preserve a balanced and lasting business relationship with all our customers.

For any questions on this subject, our customer service team remains available to provide clarification and clarify any situation that may arise. For professional customers, these general terms and all related sales are governed by Belgian law. In the event of a dispute, the courts of Nivelles shall have exclusive jurisdiction.

20. Statutory Warranty for Professionals

In accordance with the provisions of Articles L217-3 et seq. of the French Consumer Code, the statutory warranty of conformity applies exclusively to individual consumer customers, excluding professionals (such as landscapers, gardening companies, and similar businesses).

For professional customers, sales are subject solely to the legal warranties provided by the Civil Code, particularly the warranty for hidden defects (Articles 1641 et seq. of the Civil Code).

Professional customers are responsible for inspecting the products upon delivery and notifying any reservation or non-conformity within a maximum period of 48 hours from receipt. After this period, the goods are deemed compliant and accepted as is.

No claim will be admissible after this period, except for a hidden defect within the meaning of Article 1641 of the Civil Code. The seller disclaims all liability for indirect damages or operating losses that may result from any potential non-conformity.

In accordance with European Directive 2019/771/EU, the legal guarantee of conformity applies only to private consumers. Professional customers (landscapers, gardening companies, local authorities, etc.) are exclusively subject to the provisions of the Belgian Civil Code relating to hidden defects (Articles 1641 et seq.) and ordinary contractual liability.

Professional customers must inspect the delivered products upon receipt and notify any claim relating to apparent defects or non-conformity within a maximum period of 48 hours after delivery.

After this period, the goods are deemed to have been accepted and compliant.

The seller is liable only for hidden defects, under the conditions provided for by Articles 1641 et seq. of the Belgian Civil Code. No additional legal warranty applies to professional customers.

21. False Declarations of Non-Receipt of Packages

Foudebassin.com takes claims of non-receipt of packages very seriously. When a delivery is reported as allegedly not received, we systematically conduct a thorough investigation in collaboration with our carrier and, if necessary, the relevant authorities.

If this investigation demonstrates that the customer knowingly lied about not receiving a package when it was in fact delivered, this act will be considered fraud. In such a case, Foudebassin.com reserves the right to take legal action against the person concerned for attempted fraud, which may result in civil and criminal penalties.

We remind you that delivery fraud is an offense punishable by law and that we work closely with our law offices to protect our company against this type of abuse.

For any delivery dispute, we encourage our customers to contact us openly so that we can find a fair and honest solution via support@foudebassin.com