General Terms and Conditions of Sale
www.gardennice.com
Version 2027.1
Effective date: September 15, 2026
Article 1. Identification of the seller
The website www.gardennice.com, hereinafter referred to as the "Site", is operated under the trade name by:
Clos de la Futaie 12
1410 Waterloo
Belgium
Company and VAT number: BE 0840.339.407
Email: info@gardennice.com
Phone: +32 (0) 472 02 45 49
is the seller of the products offered on the Site. is the trade name used for the operation of the online store. This information corresponds to the contact details currently published on the Site.
Article 2. Purpose and scope of application
These General Terms and Conditions of Sale, hereinafter referred to as the "GTC", define the rights and obligations applicable to the sale of products concluded through the Site between and its customers.
These GTC mainly apply to sales concluded with a natural person acting for purposes that do not fall within the scope of their professional activity, hereinafter referred to as the "Customer".
Orders placed by businesses, freelancers, or other professional customers may be subject to specific conditions.
These GTC govern in particular:
- the presentation of products;
- the prices;
- the placement of orders;
- the payments;
- the promotions;
- the deliveries;
- the right of withdrawal;
- returns ;
- warranties ;
- after-sales service ;
- complaints.
The T&Cs are accessible at any time on the Site. The Client can consult, download, save, and print them.
The version applicable to an order is the one that was accepted by the Client at the time of validating that order.
Article 3. Acceptance of the T&Cs
Before placing an order, the Client is invited to read these T&Cs carefully.
The validation of an order implies the express and unconditional acceptance of :
- these T&Cs ;
- the essential characteristics of the ordered products ;
- the prices ;
- any delivery charges ;
- the obligation to pay.
The Client confirms acceptance by checking the box provided for this purpose before the final validation of the order.
If the Client does not accept the T&Cs, the Client cannot finalize the order.
The order confirmation and the version of the T&Cs applicable to it are communicated or made available to the Client on a durable medium.
Article 4. Client's Capacity
The Client declares :
- to be at least eighteen years old ;
- to have the legal capacity necessary to enter into a contract ;
- to act for primarily private purposes ;
- to be authorized to use the selected payment method ;
- to provide accurate, complete, and up-to-date information.
When an order is placed in the name of another person, the Client declares that they have the necessary authorization to act on behalf of that person.
Article 5. Products
The essential characteristics of the products are presented on the product sheets of the Site.
The Client is invited to carefully consult the available information regarding in particular :
- the dimensions ;
- the materials ;
- the colors ;
- the weight ;
- the technical characteristics ;
- indoor or outdoor use ;
- resistance to weather conditions ;
- installation instructions ;
- maintenance recommendations.
The photographs, illustrations, and situational displays aim to present the products as faithfully as possible. However, slight differences may appear due to :
- the settings of the screen used ;
- the lighting conditions during the photo shoot ;
- variations in hue between productions ;
- the specific properties of the materials ;
- minor differences related to the manufacturing process.
A minor variation that does not affect either the essential characteristics or the normal use of the product does not necessarily constitute a lack of conformity.
Accessories or decorative elements present in a photograph are included only if they are expressly mentioned in the product sheet.
Article 6. Availability of products
Product offers are valid within the limits of available stock.
Adding a product to the cart does not constitute a definitive reservation of that product.
In the exceptional case where a product becomes unavailable after the order is validated, the Client will be informed as soon as possible.
Depending on available options, offers the Client:
- to wait for restocking;
- to select an equivalent product;
- to remove the unavailable product from the order;
- to cancel the affected order.
No replacement product is sent without the prior agreement of the Client.
If the Client chooses cancellation, refunds the amount paid for the unavailable product using the payment method used at the time of the order, unless otherwise agreed.
Article 7. Price
Prices are expressed in euros, all taxes included.
The applicable prices are those displayed on the Site at the time of order registration.
Any delivery charges or other applicable fees are communicated to the Client before the final validation of the order.
The total amount to be paid is clearly indicated before the Client confirms the order with a payment obligation.
may change its prices at any time. A price change does not apply to orders already validated, except in the case of a manifest error.
When a displayed price is clearly the result of a technical or typographical error, inform the Customer before shipping. The Customer can then confirm the order at the corrected price or request its cancellation and a refund of the amounts already paid.
Article 8. Promotions and Discounts
Promotions, discounts, promotional codes, and commercial offers are subject to the conditions displayed on the Site.
Unless otherwise stated:
- promotions are valid during the mentioned period;
- promotions apply only to eligible products;
- promotions are valid within the limits of available stock;
- multiple promotions cannot be combined;
- a promotional code can only be used once per order;
- some promotions may be limited to one use per Customer.
When a promotion states that a product is offered with the purchase of multiple products, the offered product is, unless otherwise stated, the eligible product with the lowest price.
In the case of a partial return of an order that benefited from a promotion, the refund amount is recalculated taking into account the conditions of that promotion.
If the return results in the promotion conditions no longer being met, the value of the commercial advantage may be deducted from the refund to the extent permitted by applicable law.
Article 9. Ordering Process
The Customer selects the desired products and quantities, then adds them to the cart.
Before confirming the order, the Customer can:
- check the contents of the cart ;
- modify the quantities ;
- remove a product ;
- check the prices ;
- enter a possible promotional code ;
- check the billing information ;
- check the delivery address ;
- select the delivery method ;
- select the payment method ;
- consult and accept these terms and conditions.
The Customer is responsible for the accuracy of the information provided.
The order becomes final after :
- the validation of the cart ;
- the provision of mandatory information ;
- the acceptance of these terms and conditions ;
- the confirmation of the payment obligation ;
- the authorization or confirmation of payment.
An order confirmation is sent to the email address provided by the Customer.
The Customer must check the information contained in this confirmation and promptly report any possible errors.
Article 10. Refusal or cancellation of an order
may refuse, suspend or cancel an order when there is a legitimate reason, particularly in the case of :
- payment refused or incomplete ;
- reasonable suspicion of fraud ;
- abuse of a promotion ;
- manifestly incorrect information ;
- incomplete delivery address ;
- previous payment dispute ;
- abnormally high quantity reasonably suggesting resale ;
- product unavailability ;
- inability to deliver to the requested area ;
- manifest error in price or description.
If a paid order is canceled by , the amounts involved will be refunded as soon as possible.
Article 11. Payment
Payment is due at the time of the order, unless a deferred or installment payment solution is offered.
The available payment methods are indicated to the Customer in the order process. They may include :
- payment cards ;
- bank transfer ;
- a deferred or installment payment solution.
The list of payment methods may evolve based on the solutions actually activated on the Site.
When the Customer chooses a deferred or installment payment solution, the Customer also accepts the terms of the relevant provider. Acceptance of this solution depends on the decision of this provider.
Electronic payments are made through a secure environment.
CreativAgency SRL does not have access to the complete banking data entered by the Customer with the payment provider.
The Customer guarantees that they are authorized to use the selected payment method.
Shipping may be suspended until effective payment confirmation.
Article 12. Proof of contract
Computer records, electronic confirmations, order data, and payment proofs stored in the systems of and its providers may be used as evidence of the transaction, subject to the Client's ability to provide contrary evidence.
Order confirmations and electronic communications are retained for the duration necessary to fulfill the contract and comply with legal obligations.
Article 13. Delivery Areas
Products are delivered only to the countries and areas offered in the order process.
The currently announced areas include, in particular:
- Belgium;
- the Grand Duchy of Luxembourg;
- metropolitan France, excluding Corsica and overseas territories;
- continental Germany;
- the continental Netherlands.
Certain islands, isolated areas, or hard-to-reach regions may be excluded or subject to special conditions. [gardennice.com], [gardennice.com]
The indication of a country in a delivery address does not guarantee that delivery is possible in all regions of that country. Actual availability is confirmed during the order.
Article 14. Delivery Charges
Standard delivery charges are indicated to the Client before the final validation of the order.
Standard delivery is offered for purchases of €29.99 including VAT or more.
For an order amounting to less than €29.99 including VAT, the applicable delivery charges are displayed in the cart and during the order process.
The threshold of €29.99 is calculated after deducting any discounts and credits, unless otherwise stated in the terms of a promotion.
Additional charges may apply when:
- the Customer chooses an optional delivery service;
- the destination requires special handling;
- the delivery concerns an area subject to a clearly announced surcharge.
The total amount of the fees is communicated before the order confirmation.
Article 15. Delivery Times and Methods
The estimated delivery time is communicated to the Customer before or at the time of the order.
Unless otherwise indicated, the usual announced times are two to five business days from the payment confirmation. [gardennice.com], [gardennice.com]
The time may be extended particularly in case of:
- high activity;
- public holidays;
- bad weather;
- temporary unavailability;
- transport disruption;
- incomplete address;
- force majeure event.
The Customer must provide an exact, complete, and accessible delivery address.
If a package cannot be delivered due to an incorrect or incomplete address, repeated absence, or failure to collect the package within the specified time, reasonable fees for a new shipment may be charged to the Customer when the situation is attributable to them.
CreativAgency SRL remains the Client's point of contact for any delivery-related issues. In case of non-delivery or significant delay, the Client must contact , even when the carrier's tracking is available. The final seller remains responsible for the proper execution of the delivery to the consumer.
Article 16. Receipt of the order
The Client must check the condition of the package and products upon receipt.
If the package shows visible damage, the Client is invited to :
- take photographs before opening ;
- check the contents of the order ;
- keep the packaging ;
- photograph the shipping label ;
- photograph the observed damages ;
- formulate, when possible, specific reservations with the carrier ;
- contact quickly .
The Client is invited to report apparent damages within the 48 working hours following receipt.
The report should ideally contain :
- the order number ;
- the Client's name ;
- a description of the damage ;
- a photograph of the damaged product ;
- a photograph of the packaging ;
- a photograph of the shipping label.
This 48-hour period allows to quickly process the case and take action against the carrier. However, it does not deprive the Client of their legal rights regarding compliance and warranty.
Article 17. Legal right of withdrawal
The consumer Client has a legal right, unless otherwise stated, to a period of fourteen calendar days to notify their decision to withdraw from a distance contract, without having to provide a reason.
For an order concerning a product, the legal period generally starts the day after the Client, or a third party designated by the Client other than the carrier, physically takes possession of the product.
When multiple products from the same order are delivered separately, the period generally starts upon receipt of the last product.
The Client may notify their decision:
- by email to info@gardennice.com ;
- using the contact form on the Site;
- using the standard form included in the appendix;
- using any other clear and unambiguous statement.
The Client must send the notification before the expiration of the applicable period.
The standard form is not mandatory. The consumer can exercise their right through any unambiguous statement clearly expressing their decision.
Article 18. Commercial policy of free returns for 30 days
In addition to the legal right of withdrawal, grants the Client an extended commercial period of 30 calendar days from the receipt of the order to request the return of a product.
Returns made under this policy are free for 30 days.
To benefit from free returns, the Client must contact before the expiration of the 30-day period and follow the instructions provided by customer service.
Depending on the delivery country and the type of product, can provide :
- a prepaid return label ;
- a shipping document ;
- a drop-off point ;
- a pickup procedure ;
- any other suitable return solution.
The Customer must not spontaneously return the product to any address without having received instructions from customer service. A return sent by another method may not be covered by the free return policy.
The 30-day commercial policy does not reduce or replace the legal rights of the consumer.
Article 19. Conditions applicable to returned products
The Customer may examine and handle the product to the extent necessary to determine its nature, characteristics, and proper functioning.
The product must be returned with, as far as possible :
- its accessories ;
- its manuals ;
- its assembly parts ;
- any gifts directly related to the product ;
- packaging that allows for secure transport.
The Customer is encouraged to use the original packaging when it is still available.
The absence of the original packaging does not, by itself, eliminate the legal right of withdrawal.
The Customer may, however, be held responsible for a decrease in value resulting from handling beyond what is necessary to examine the product.
The free return policy may provide additional conditions for returns made after the expiration of the legal fourteen-day period, including the absence of use other than a simple examination and the return of all accessories.
Article 20. Exceptions to the right of withdrawal
The right of withdrawal does not apply to products legally excluded, including:
- products made to the Customer's specifications;
- clearly personalized products;
- products likely to deteriorate or expire quickly;
- sealed products that cannot be returned for health or hygiene reasons when the seal has been removed;
- products that, after delivery, have been mixed inextricably with other goods;
- any other product or service excluded by applicable legislation.
When an exclusion applies, this information is communicated to the Customer before the order.
Article 21. Refund after withdrawal
When the Customer validly exercises their legal right of withdrawal, refunds the amounts received for the affected products.
When the entire order is subject to withdrawal, the refund also includes the standard delivery charges paid at the time of the order, in accordance with applicable legislation.
Supplements resulting from the choice of a delivery method more expensive than standard delivery are not refunded.
CreativAgency SRL will process the refund no later than the applicable legal deadline from the notification of the withdrawal decision.
may defer the refund until the recovery of the products or until the receipt of proof of shipment, the date retained being that of the first of these events.
The refund is made using the payment method used for the order, unless expressly agreed by the Customer for another method and provided that this refund does not incur additional fees.
If the return only concerns part of the order, the initial delivery costs are not refunded when these costs would have been identical if the Customer had only ordered the retained products.
Article 22. Legal warranty of conformity
Products sold to consumers benefit from the legal warranty of conformity provided by Belgian law.
For new products, this warranty covers conformity defects that appear within the two years following delivery.
The final seller, namely , is responsible for the implementation of this warranty towards the Customer. The Customer should not be automatically referred to the manufacturer.
A product may in particular be considered non-conforming when it :
- does not match the description ;
- does not have the qualities advertised ;
- is not suitable for the normally expected use ;
- does not have the accessories or instructions reasonably expected ;
- does not present the quality and durability that the Customer can reasonably expect.
The Customer who notices a defect must contact by providing :
- the order number ;
- proof of purchase ;
- a precise description of the problem ;
- photographs or videos when they are useful ;
- any other information reasonably necessary for processing the request.
In case of non-compliance, the Client may request as a priority the free repair or replacement of the product, as far as possible and proportionate. A price reduction or the termination of the contract may be requested in situations provided for by legislation.
Article 23. Exclusions from the warranty
The legal warranty does not cover damages that result exclusively from :
- normal wear and tear ;
- misuse ;
- an accident ;
- a shock or a fall ;
- incorrect installation carried out by the Client ;
- failure to follow instructions ;
- a lack of maintenance ;
- a modification of the product ;
- use contrary to the intended purpose of the product ;
- damage caused by the Client or by a third party ;
- a defect of which the Client was aware at the time of purchase.
An exclusion cannot be invoked when it has the effect of depriving the consumer of an imperative legal right.
Any commercial warranties or manufacturer warranties are in addition to the legal warranty and do not replace it.
Article 24. Products intended for outdoor use
Some products are presented as suitable for outdoor use or resistant to frost and weather.
These indications must be interpreted taking into account :
- the characteristics of the product ;
- the materials used ;
- the usage recommendations ;
- the maintenance recommendations ;
- any limitations indicated on the product sheet.
Resistance to outdoor conditions does not mean that the product is indestructible or that no precautions are necessary.
The Client must take reasonable precautions in case of :
- strong winds ;
- storms ;
- falling branches or objects ;
- shocks ;
- prolonged immersion ;
- water accumulation ;
- exceptionally severe weather conditions ;
- use other than that indicated.
Light products must be properly stabilized when weather conditions require it.
Article 25. Liability
is responsible for the proper execution of the obligations resulting from orders placed on the Site, in accordance with applicable legal provisions.
cannot, however, be held responsible when non-performance or improper performance results from :
- incorrect information provided by the Client ;
- misuse of the product ;
- failure to follow instructions ;
- a modification of the product ;
- a lack of maintenance ;
- an unforeseeable and insurmountable event attributable to a third party ;
- a force majeure event.
Within the limits permitted by law, does not respond for indirect damages that were not reasonably foreseeable at the time of the conclusion of the contract.
No provision of these GTC limits or excludes liability when such limitation or exclusion is prohibited by a mandatory legal provision.
Article 26. Force majeure
is not responsible for a delay or non-performance resulting from an event beyond its control that could not reasonably have been foreseen or avoided.
A force majeure event may include, depending on the circumstances:
- a natural disaster;
- a fire;
- a flood;
- a war;
- an epidemic;
- a strike outside the company;
- a major cyberattack;
- a widespread network failure;
- a significant disruption of transportation;
- an exceptional supply disruption;
- a decision by a public authority.
The affected obligations are suspended for the duration of the event.
If performance becomes definitively impossible or if the impediment lasts unreasonably long, the concerned order may be canceled. The amounts corresponding to products that cannot be delivered are then refunded.
Article 27. Intellectual property
The Site and its various elements are protected by applicable intellectual property rights.
This protection particularly concerns:
- texts;
- photographs;
- videos;
- illustrations;
- graphics;
- logos;
- the trade names ;
- the product sheets ;
- the databases ;
- the structure and layout of the Site.
Any unauthorized reproduction, distribution, modification, or exploitation is prohibited, unless prior written permission is obtained or exceptions provided by law.
The purchase of a product does not transfer any intellectual property rights to the Client.
Article 28. Personal data
The Client's personal data is processed in accordance with applicable regulations and the privacy policy published on the Site.
The data may be processed for, among other things:
- creating and managing the Client's account ;
- recording and executing orders ;
- processing payments ;
- organizing deliveries ;
- managing returns ;
- providing after-sales service ;
- preventing fraud ;
- complying with accounting and legal obligations ;
- sending commercial communications when the Client has consented or when permitted by law.
Information regarding the data controller, legal bases, retention periods, recipients, and the Client's rights are detailed in the privacy policy.
Company identification information should not be available only in the T&Cs. It should also be easily accessible on the online store, for example in the legal notices or the contact page.
Article 29. Cookies
The Site may use cookies and other technologies necessary for its operation, audience measurement, personalization, or advertising.
Non-strictly necessary cookies are used in accordance with the choices expressed by the visitor.
The categories of cookies, their purposes, their duration, and the means to modify preferences are specified in the cookie policy.
Article 30. Customer Reviews
When the Site publishes reviews, it communicates useful information regarding the method of collection, verification, moderation, and ranking of these reviews.
A review may be refused or removed when it:
- does not concern the product or the shopping experience;
- contains illegal, abusive, or discriminatory remarks;
- discloses personal data;
- constitutes advertising;
- contains fraudulent content;
- does not comply with the Site's publication rules.
A negative review recounting a real experience cannot be refused solely because of its unfavorable nature.
Article 31. Customer Service
For any questions regarding an order, delivery, return, or warranty, the Customer may contact:
–
Clos de la Futaie 12
1410 Waterloo
Belgium
Email: info@gardennice.com
Phone: +32 (0) 472 02 45 49
The Customer may also use the contact form available on the Site. [gardennice.com], [gardennice.com]
The Customer is invited to provide:
- their name;
- their order number;
- the product concerned;
- the nature of the request;
- the photographs or useful documents.
CreativAgency SRL strives to respond to requests within a reasonable timeframe.
Article 32. Complaints and amicable settlement
In case of difficulty, the Client must first send a complaint to in order to seek an amicable solution.
The complaint can be sent to info@gardennice.com.
If no amicable solution is found, the Client may use the extrajudicial dispute resolution mechanisms available to them in accordance with applicable legislation.
For a dispute with a company established in Belgium, resorting to mediation allows for seeking a solution outside of the courts. The platform can also direct the consumer to the competent service.
The Client can notably contact the :
Consumer Mediation Service
North Gate II
Boulevard du Roi Albert II 8, box 1
1000 Brussels
Belgium
E-mail : contact@mediationconsommateur.be
Resorting to a mediation mechanism does not deprive the Client of their right to bring a case before a competent court.
Article 33. Applicable law and competent jurisdictions
These General Terms and Conditions and the contracts concluded through the Site are governed by Belgian law.
This choice does not deprive a consumer residing in another country of the more protective mandatory provisions that the consumer benefits from under the applicable law in their country of residence.
In case of a dispute, the competent jurisdictions are determined in accordance with the applicable legal provisions.
No provision of these GTC can impose on the consumer a jurisdiction that would not be competent under the applicable mandatory rules.
Article 34. Partial nullity
If a provision of these GTC is declared null, invalid, or unenforceable, the other provisions remain fully applicable.
The concerned provision is replaced, to the extent possible, by a valid provision pursuing a comparable legal and economic objective.
Article 35. Modification of the GTC
may modify these GTC in order to take into account, in particular:
- a legal or regulatory evolution;
- a modification of the services;
- a change in payment methods;
- a modification of delivery areas or conditions;
- an evolution of the return policy;
- a modification of the operation of the Site.
The new version applies only to orders placed after its effective date.
The version applicable to an order remains the one that the Client accepted at the time of validation of that order.
Appendix
Standard withdrawal form
The form below must only be completed and sent if the Client wishes to withdraw from the contract.
To the attention of:
–
Clos de la Futaie 12
1410 Waterloo
Belgium
Email: info@gardennice.com
I hereby inform you of my decision to withdraw from the contract concerning the sale of the following product(s):
Product or products concerned:
....................................................................................................
Order number:
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Order date:
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Date of receipt :
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Consumer name :
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Consumer address :
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Email address :
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Date :
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Consumer signature, only if sent on paper :
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