Terms of service
1. General Provisions
These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in the context of sales and services carried out through our e-commerce platform within Europe. By accepting the order confirmation via our website, the customer expressly acknowledges having read and accepted these general terms and conditions, it being understood that any product ordered through our website implies the consultation and express acceptance of the general terms of sale. These general terms and conditions may be saved or printed by the customer. Provisions not expressly waived remain applicable. Only amendments agreed to in writing by us may modify the application of the present terms and conditions. In the event of a conflict between the terms and conditions of our contracting partners and our own, the latter shall prevail. Chester is a registered trademark operated by Chestergarden SRL, whose registered office is located at Rue Saint-Alexandre 5b box 22, 7100 Haine-Saint-Pierre (VAT number BE0760.675.879). Any comments or suggestions are welcome and may be sent to the following address: support@chestergarden.be.
2. Products
Unless expressly stated otherwise in writing, the products offered on our website are those shown at the time of the order, within the limits of available stock.
3. Orders
Valid orders are those to be delivered within the countries listed on the order page. Orders are placed by clearly, completely and accurately filling in the mandatory fields of the online order form according to the steps described. Any applicable delivery fees are calculated during the purchase process and added to the order total. Modifications made by the customer to the purchase order or to our offer shall only be valid if we have accepted and confirmed them in writing. In the event of unilateral cancellation of an order by the customer, we reserve the right to claim compensation equal to 30% of the total order amount. Consumers, as defined by Article I.1 of Title 1 of the Belgian Code of Economic Law, may claim compensation and interest under the conditions set out in this clause in the event of our failure to perform our obligations.
4. Order Confirmation
The sales process works as follows:
1) The customer adds the product(s) to their cart.
2) The customer may then view the cart, review the order summary and total price.
3) When clicking “Checkout”, the customer is taken to a page containing:
a. A form to be completed with the buyer’s details (full name, full address, email, phone number, delivery address). If the customer has already registered and logged in, this form will be pre-filled.
b. The order summary with the total price.
c. The available delivery options.
d. The available payment methods.
4) When the customer clicks “Pay now”, they are automatically redirected to a secure payment page operated by our payment service providers: Stripe or Mollie.
5) Once the payment has been completed, the customer automatically receives an email with the order details.
6) The order is then processed by the Chestergarden team.
5. Delivery Times
Chestergarden always does its best to deliver your order as quickly as possible. Usual delivery times are:
– 1 to 3 working days from receipt of the order for parcels up to 30 kg;
– 10 working days for wooden garden items (raised beds, swings, etc.);
– 3 to 4 weeks for sheds (garden sheds, carports, gazebos, pavilions, garages).
The following circumstances may release us from these deadlines:
1 – Force majeure (including but not limited to strikes, technical incidents, floods, fire, supplier shortages, computer virus, epidemic, etc.);
2 – If payment terms are not respected;
3 – If the customer does not provide the necessary information to process the order.
6. Delivery – Transport
Delivery of the product(s) takes place at the address provided by the customer when placing the order. We cannot be held liable if delivery is made to an incorrect address provided by the customer.
7. Right of Withdrawal – Information – Customers Acting for Non-Professional Purposes
You may return one or more items within 14 days from the date you received your purchase. The items must be returned to us in their original packaging and in perfect condition. Once we have received your parcel and your return has been approved by our returns centre, you will be refunded. The refund period is between 5 and 10 working days following receipt of the parcel at our inspection centre. In the event that the right of withdrawal is exercised, the direct costs of returning the product are borne by the customer, unless expressly stated otherwise by us. For heavy, bulky products or products shipped by specialised carrier, these costs may be high and are communicated to the customer before the return is organised.
8. Prices
Prices are expressed in euros, VAT included. Unless otherwise stated, they do not include order processing fees (if applicable) nor delivery fees, which will be invoiced separately. While our prices are not generally subject to revision, we reserve the right to adjust them to reflect VAT changes occurring before the delivery date.
9. Payment
Orders will only be shipped after payment has been verified. Delivery times mentioned in Article 5 begin only after payment confirmation.
9bis. Transaction Fees in Case of Cancellation or Refund
If a customer cancels an order after payment has been validated, or in the case of a refund outside the legal right of withdrawal (Article 7), transaction fees may be deducted from the refund amount. These fees correspond to the commissions automatically retained by payment service providers (such as Stripe, Mastercard, Visa, etc.). These fees are not refunded to us, even in the event of an immediate cancellation.
The amount refunded to the customer therefore corresponds to the amount actually received, minus any non-refundable bank fees.
9ter. Payment in instalments with Alma
Chestergarden offers its customers the possibility to apply for financing solutions through Alma for the payment of their purchases.
Alma’s credit service is offered for the settlement of purchases and the execution of payment, provided that the person purchasing the goods or services through Alma (the “Buyer”) accepts the instalment payment agreement or deferred payment agreement.
Fees: Fees may be charged by Alma.
Invalidity: Any refusal by Alma to grant payment in instalments or deferred payment may result in the purchase contract for the goods or services becoming null and void, unless the Buyer agrees to pay the full purchase amount in one payment.
Termination: In the event of termination of these General Terms and Conditions of Sale, the instalment payment or deferred payment agreement shall be automatically terminated.
Withdrawal: In the event of withdrawal from the instalment payment or deferred payment solution used for your payment, these General Terms and Conditions of Sale shall be automatically terminated, unless you pay the full amount of your purchase in one payment through Alma. If the product has already been dispatched to you, you must return it within the maximum period provided for in these General Terms and Conditions.
Cancellation fees: In the event of order cancellation involving a refund, the provisions of Article 9bis of these General Terms and Conditions regarding transaction fees remain applicable.
Complaints: For any questions relating to payment execution, the Customer may consult Alma’s help centre: https://help.almapay.com/
10. Warranty for Sales – Customers Acting for Non-Professional Purposes
The buyer benefits from legal rights under the Belgian Law of 1 September 2004 on consumer protection in the sale of consumer goods. In accordance with Article 1649quater §2 of the Civil Code, the customer must inform the seller of any lack of conformity within two months of its discovery.
11. Privacy Protection – Processing of Personal Data
Personal data provided by the customer is strictly confidential. We undertake to use it only for processing and fulfilling the customer’s order and to grant access only to staff members who need the information to manage orders properly. This data may also be used for marketing purposes. If the customer does not wish their data to be used in this way, they may contact us via the contact form available on our website. Customers may access and modify their personal data at any time via the “login” page.
12. Customer Service
A contact form is available on the “Contact Us” page of the website, allowing customers to contact customer service regarding any question about a product, an order, a refund, a return, or any other matter.
In the event that a product is returned for technical analysis and no defect of conformity is found, Chestergarden reserves the right to charge a fixed fee covering transport, handling, and diagnostic costs.
The product will be returned to the customer after payment of this fee.
In the event that a product is handled by the technical service, several situations may arise. If a defect of conformity is confirmed, the warranty will be applied in accordance with legal provisions.
If no defect of conformity is found, if the issue results from normal wear and tear, improper use, or if the warranty period has expired, an out-of-warranty solution may be proposed.
In such cases, a quotation may be sent to the customer for prior approval. If the quotation or the handling fee is refused, the product may be returned at the customer’s expense.
13. Disputes
In the event of a dispute or legal proceedings, only the courts of the district in which our registered office is located shall have jurisdiction, and proceedings shall be conducted in French. Belgian law shall apply.
14. Amendments to the Agreement
Any changes to specific agreements or to these general terms must be the subject of a written amendment signed by all parties.
15. Severability Clause
The invalidity or illegality of one of the clauses in the contracts (specific and general conditions) agreed between the parties shall in no way affect the validity of the other conditions, which shall remain fully applicable.