Terms of Sales

These general terms and conditions of sale aim to comprehensively define all the sales terms between "Foudebassin" and "the buyer," from ordering the product or service, through payment, delivery, product warranty, and withdrawal of the purchased product. These conditions define all the necessary steps from placing the order to delivery to the final recipient. 

"The buyer" is deemed to be aware of the general terms and conditions of "Foudebassin" at the time of contracting and to accept these general terms and conditions of sale without reservation. 

In the event that any clause in the general terms and conditions of sale is declared abusive, illegal, or unenforceable due to a change in legislation, or following a legally effective court decision, the nullity or unenforceability shall be limited to that clause and shall not affect the validity of the other provisions.

Offer

If an offer has a limited validity period or is subject to certain conditions, it will be clearly stated on the FOUDEBASSIN site. FOUDEBASSIN always describes the products sold as completely and accurately as possible. Product offers considered by FOUDEBASSIN and indicated on the product sheet as “deliverable” are valid in Belgium, Luxembourg, and France. As for the “non-deliverable” product, the offer applies exclusively within Belgium. 

When FOUDEBASSIN illustrates its articles with images, these constitute a faithful reflection of the goods. Errors are always possible and, if there is clearly an error, FOUDEBASSIN is not obliged to deliver the corresponding item as the images are non-contractual. 

Order

General

We specify that the products displayed as available for order on the site are subject to available stock limits, as stated in article 4 of these general terms and conditions.

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

If the issuer of your card refuses your payment, we cannot be held responsible for delays in delivery and/or 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. Then, they can click the “order” button to confirm their purchase and start filling in contact and billing information. At any time (except after payment), the customer can view and modify the contents of their order. 

After validating their cart, the “buyer” will see a summary page where they must accept our general terms and conditions and verify the summary of their order. This summary will display the total purchases of the buyer + total cost included. The order validation made by the “buyer” will only be considered final once the order price has been paid by the “buyer”.

Once you have completed all these steps and as soon as FOUDEBASSIN has received payment transaction authorization from the issuer of your credit or debit card, your purchase is final. We will then send you an order confirmation by email. This confirmation email will specify the maximum delivery time and, in case of exceeding this time, the possibility to cancel the order free of charge.

If the buyer has not yet received an order confirmation, they can 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 related to pricing.

Encoding error by one of our customers

In case of an error in entering the address by one of our customers, the company AQUIFLOR FOUDEBASSIN is not responsible for an encoding error by the customer. In case of additional costs, Foudebassin AQUIFLOR reserves the right to add extra fees or charge return fees related to this error. There may also be parcel destruction fees linked to this error. 

Reservation via the website and in-store pickup

Some of the items offered by FOUDEBASSIN cannot be delivered to your home (due to weight and transport restrictions). However, on the product page, the “buyer” will be informed that the product is “non-deliverable” but can reserve it to then pick it up at the FOUDEBASSIN store. The reservation is final after clicking the order completion button and filling in all your contact and billing details. A link to the general terms and conditions on a durable digital medium is added to the confirmation email. 

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

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

Order validation

Any confirmation of your order or product reservation implies your acceptance of these general terms and conditions of sale, without exception or reservation. All data completed by the “buyer” and the recorded confirmation will serve as proof of the transaction. You declare that you are fully aware of this. The order confirmation will be considered as signature and acceptance of the completed operations.

In the case of an online sale

The right of withdrawal applies only in the case of a purchase made remotely via the website, Facebook, email, or by phone, including delivery. The right of withdrawal does not apply to a reservation made via the website with in-store pickup. 

The right of withdrawal means you have the right to cancel the purchase; it lasts 14 days from the delivery of the items. During this period, items can be returned no later than 14 days after notifying FOUDEBASSIN of the decision to cancel the purchase, without financial penalty and without obligation to justify. Within 14 days of receiving the items by FOUDEBASSIN, 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 only unpack and handle them to the extent necessary to assess the nature, characteristics, and functioning of the goods. If you return items, this must be done with all delivered accessories, in the original condition and packaging. 

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

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

For any withdrawal request on the order placed by the buyer, we invite them to contact customer service via email (info@foudebassin.com) or via our phone line: 010 86 03 54 or by postal mail (see address in article 1). The product returned by the “buyer” must be in new condition, with original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, along with a purchase invoice allowing FOUDEBASSIN to verify the buyer's identity. Products that do not meet these general conditions will not be accepted by FOUDEBASSIN.

In the case of an in-store sale

If you want to return or exchange a product you purchased at FOUDEBASSIN (physical store), it is up to the seller to determine the return or exchange conditions.

Returns related to incompatibility or buyer's misjudgment

We strive to provide accurate descriptions and reliable technical information for each product. However, the dimensions indicated on the site are provided for guidance only, based on data supplied by manufacturers. It is the customer's responsibility to verify that the ordered products are compatible with their installation, especially regarding dimensions, fittings, and technical constraints.

In case of misjudgment or incompatibility upon receipt of the product, returns are accepted within 14 days, provided the products have not been used, are in their original condition, and in their complete original packaging. Return shipping costs are the responsibility of the customer. No automatic exchanges are made: a credit or refund will be offered, and a new order can be placed for the desired product(s).

Voucher

The FOUDEBASSIN voucher remains valid for 1 year from the date of purchase and can be used to buy items in our physical store. Once the expiration date has passed, the voucher can no longer be used or exchanged. The remaining amount on the voucher cannot be used for a future purchase. FOUDEBASSIN is not responsible for indirect damage to the voucher (such as deterioration). Any fraud or unauthorized action will be recorded and will result in the prohibition of using the voucher and legal action.

Loyalty card

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

In case of force majeure, we are not obliged to fulfill our obligations. In such cases, we have the right to suspend our obligations for the duration of the force majeure. Force majeure includes all situations beyond our control. This includes strikes, fires, breakdowns, power outages, network disruptions, and/or possible unavailability of our website.

FOUDEBASSIN is not responsible for faults and negligence, even by contractors or employees, except in cases of intentional acts or gross negligence. The liability of FOUDEBASSIN is always limited to direct and personal damages, and can never exceed the purchase price of the product. FOUDEBASSIN is not responsible for losses or damages occurring during the use of a product.

Use of the website

FOUDEBASSIN cannot be held responsible for any damage suffered by a visitor to the FOUDEBASSIN website in case of interruptions or errors in the electronic publication of the site or in case of inability to access the site. This website contains links or references to other sites. FOUDEBASSIN has no authority over these sites and therefore cannot be held responsible for the content or features of these sites, or for any other form of damage resulting from their use. 

Sending illegal content to and from the FOUDEBASSIN website, such as threatening, discriminatory, racist, obscene, or pornographic content contrary to national or international law, is prohibited. FOUDEBASSIN can monitor website sections where users can send communications. However, FOUDEBASSIN is not responsible for the content of these communications. FOUDEBASSIN reserves the right to delete data sent by users from its website if this data does not correspond to the website’s purposes.

For professional clients, FOUDEBASSIN’s liability is limited to direct and foreseeable damages, expressly excluding any loss of turnover, customers, or any indirect damage.

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

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 prior written authorization from FOUDEBASSIN, except to identify products and services. 

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

Certain orders placed by “FOUDEBASSIN” may contain missing, damaged, or non-compliant products. If “the buyer” believes the products are defective or do not match their order, they may, subject to reasons describing the order failure, send their claims to FOUDEBASSIN customer service. Our customer has 14 days from delivery to send these claims to FOUDEBASSIN. After this period, FOUDEBASSIN will no longer refund the buyer’s order or exchange products or services. 

For all claims regarding 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. This product must be in new condition, with original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, with a purchase invoice allowing FOUDEBASSIN to validate the buyer's identity. 

After the product is returned and an internal decision is made, FOUDEBASSIN will offer the customer a product exchange, a full refund, or delivery of another product similar in quality and value within 14 days following the refund or exchange request. Return shipping costs will be borne by the buyer. The exchange of the defective product will be at the expense of FOUDEBASSIN. 

An exchange or refund cannot be made if FOUDEBASSIN finds that the fault is attributable to the buyer, resulting from misuse, non-compliant use, and/or modification of the product initiated by the buyer. 

If you have complaints regarding our goods or services, you can contact us at the following details. For all withdrawal requests, please refer to article 5 on the right of withdrawal/cancellation.

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

The after-sales service allows a period of 5 working days to inform the buyer of a proposed solution to the dispute. FOUDEBASSIN favors an amicable resolution of any claims. FOUDEBASSIN also accepts the intervention of the dispute committee (or the board of directors) for all matters concerning the Becommerce label. Belgian law is the only applicable law in this type of dispute. 

However, if your complaint cannot be resolved, you can contact the Consumer Mediation Service for 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 - E-mail: contact@mediationconsommateur.be 
Website: www.mediationconsommateur.be The European Union offers a digital platform dedicated to Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ Belgian law applies. In case of dispute, only the courts of Nivelles have jurisdiction.

FOUDEBASSIN collects personal data concerning the buyer (who places the order); this information is provided on the site. It can be modified at any time, and the buyer can request complete deletion of their account through our customer service. 

FOUDEBASSIN is firmly committed not to share this data with third parties; it will be used exclusively within the company’s internal services to enhance or personalize newsletters/emails/sales documents. The buyer can exercise their right to deletion by sending an email directly to support@aquiflor.com 

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

If any clause in the general terms and conditions of sale is declared abusive, illegal, or unenforceable due to a change in legislation or following a legally binding court 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 in these terms affect the validity of the other clauses. The computer data stored in the system implemented by FOUDEBASSIN shall be considered as evidence of communication, orders, and payments made between the parties.

All the above general terms and conditions are subject to Belgian law. In case of 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, or harass the store or its employees is strictly prohibited. We take our reputation and the integrity of our business operations very seriously. Consequently, we reserve the right to take appropriate legal action against any individual or entity engaging in such actions.

If a customer posts public reviews or 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 conditions, the customer acknowledges understanding and accepting this clause. Any abusive use of the communication platform, aimed at unjustly harming the shop's reputation, will be considered a serious breach of these conditions and may result in the immediate termination of any business relationship with Aquipond.com, without prejudice to any legal actions that may be taken.

Exclusion of Warranty and Liability:

We strive to provide high-quality products and services. However, in case of dispute, the customer is invited to contact our customer service to find an amicable solution. Any threat of bad publicity will not be tolerated as a means of pressure to obtain unjustified advantages.

Article 18 – Foudebassin Loyalty Program

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

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

Article 19 - Right to Refuse Orders

In the interest of service quality, Foudebassin.com reserves the right to no longer accept orders from a customer who has encountered an excessive number of disputes with our services.

This measure is taken only after an evaluation of the situation and when repeated claims or refund requests exceed a reasonable threshold, thus compromising the proper functioning of our business.

If we decide to no longer process an order, we immediately proceed with a full refund of the amount paid by the customer. This decision is never taken lightly and aims solely to preserve a balanced and lasting business relationship with all our customers.

For any questions on this subject, our customer service remains available to provide clarifications and explain any possible situation. For professional customers, these general conditions and all related sales are governed by Belgian law. In case of dispute, the courts of Nivelles have exclusive jurisdiction.

20. Legal warranty for professionals

In accordance with the provisions of articles L217-3 and following of the Consumer Code, the legal warranty of conformity applies exclusively to individual consumer customers, excluding professionals (such as landscapers, gardening companies, and similar).

For professional customers, sales are subject only to the legal warranties of the Civil Code, notably the warranty against hidden defects (articles 1641 and following of the Civil Code).

It is the professional customer's responsibility to check the products upon delivery and notify any reservation or non-compliance within 48 hours maximum from receipt. After this period, the goods are deemed compliant and accepted as is.

No claim will be accepted beyond this period, except for hidden defects as defined in article 1641 of the Civil Code. The seller declines all liability for indirect damages or loss of business that may result from possible non-compliance.

In accordance with European Directive 2019/771/EU, the legal warranty 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 and following) and ordinary contractual liability.

Professional customers must check the delivered products upon receipt and notify any claim related to apparent defects or non-compliance within 48 hours maximum after delivery.

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

The seller is only responsible for hidden defects, under the conditions provided by articles 1641 and following of the Belgian Civil Code. No additional legal warranty applies to professional customers.

21. False Claims of Non-Receipt of Packages

Foudebassin.com takes claims of non-receipt of packages very seriously. In the event of a report of an allegedly undelivered package, we systematically conduct a thorough investigation in collaboration with our carrier and, if necessary, the competent authorities.

If this investigation shows that the customer knowingly lied about not receiving a package when it was indeed 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 firms to protect our company against this type of abuse.

For any delivery dispute, we encourage our customers to contact us transparently to find an honest and fair solution via support@foudebassin.com