II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event that a User (hereinafter the "Client") purchases products or services on the Platform.
The general terms and conditions reflect the full extent of the parties' obligations. The Customer shall be deemed to accept them without reservation, failing which his order shall not be validated.
By way of exception, the provisions of the GTC may be deviated from if these deviations have been agreed upon in writing. Such deviations may consist of the modification, addition or deletion of the clauses to which they relate and do not affect the application of the other provisions of the GTC.
independent natural person reserves the right to change the T&C from time to time. The changes will apply as soon as they are posted online for any purchase made after this date.
2. Online store
Through the Platform, the Vendor makes available to the Client an online store presenting the products or services sold, without the photographs having any contractual value.
Products or services are described and presented as accurately as possible. However, the Seller cannot be held liable in the event of errors or omissions in the presentation.
The products and services are offered within the limits of their availability.
Prices and taxes are mentioned in the online shop.
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order are applicable, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced prior to the validation of the order by the customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs are mentioned before the final validation of the order form.
4. Ordering online
The Customer has the possibility to fill in an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
In order to validate his order, the Client will have to accept the current GCS by clicking on the location indicated.
The Customer must provide a valid e-mail address, invoice details and, if applicable, a valid delivery address. Any exchange with the Seller may take place via this email address.
In addition, the Customer will have to choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
The Customer shall make the payment at the time of final validation of the order using the payment method chosen. This validation takes the place of a signature.
The Customer warrants to the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose is proof of his agreement to the sale and to payment of the amounts due in respect of the order.
The Vendor has put in place a procedure for checking orders and means of payment that is intended to reasonably guarantee him against any fraudulent use of a means of payment, including asking the Client for identification details.
In the event of a refusal to authorize payment by credit card from recognized organizations or in the event of non-payment, Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid or has paid only in part for a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase, accompanied by the payment, the Vendor will send the Customer an invoice, unless it is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Vendor will inform the Customer by email as soon as possible to replace it or to cancel the order for this product and possibly refund the related price, the remainder of the order remaining firm and final.
The communication, orders and payments between the customer and the vendor can be proven thanks to the computerized registers kept under reasonable security conditions in the vendor's computer systems. Purchase orders and invoices are archived on a reliable and durable medium, in particular as evidence.
Delivery will only take place after confirmation of payment by the seller's bank.
The products are delivered to the address indicated by the customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be invoiced to him/her. For reasons of availability, an order may be delivered to the Customer several times in succession.
Delivery shall take place, in the manner chosen by the Customer, within the following deadlines:
- standard delivery: 1 to 3 days
The delivery times are given as an indication. No compensation can be claimed from the seller or the carrier in case of late delivery. However, if the delivery time is more than thirty days from the order, the sales contract may be terminated and the customer reimbursed.
a. Checking the order
Upon receipt of the products, the Customer checks that the package is in good condition or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Client or the recipient must make the necessary reservations at the time of delivery to the carrier and inform the Seller immediately.
The check is deemed to have been carried out as soon as the Customer or a person authorised by him has received the order without reservation.
Any reservation not made in accordance with the rules described above and within the time allowed will not be taken into account and releases the Seller from any liability towards the Client.
b. Error in delivery
In the event of a delivery error or non-conformity of the products with regard to the indications on the order form, the Client shall inform the Vendor within three working days of the delivery date.
Any claim that is not made within the set period of time will not be taken into account and releases the seller from any liability towards the customer.
c. Returns and exchanges
The product to be exchanged or returned must be returned in its entirety and in its original packaging to the seller, in accordance with the following conditions:
1. EU directive
In accordance with Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, you have the right to notify us that you are cancelling your purchase without penalty and without giving reasons within 14 working days from the day after the day of delivery. If all conditions are met, we will proceed with your refund or exchange.
The right of revocation is exercised without penalty, only the return costs are for your account.
2. Sending a return email by the customer to email@example.com.
3. PREPARE THE PACKAGE
Prepare the items to be returned, without having used them, with their original packaging and labeling.
Important: the products must be in perfect condition for resale, including the packaging / containers and the instructions (undamaged, damaged or dirty, accompanied by any accessories, documentation ...).
Use the same package in which you received your order or a package of similar size to ensure a return in perfect condition.
Important: packaging conditions: the product must be in the same condition as when it was received and must retain its original packaging and labeling. Under no circumstances will we accept a product that has been used by the customer or whose packaging has been damaged. It is important to seal the packaging properly.
4. RETURN THE PACKAGE
Hand in your parcel at a post office and send it back to the following address:
Rue Victor Soensstraat 11
1853 Strombeek Bever
The shipping costs are for your account. Don't forget to keep the receipt from the post office to contact our customer service.
5. MANAGEMENT OF RETURNS AND REFUNDS
As soon as the product is received in our warehouse, we will check if the above conditions are met and refund your purchase.
The refund will take place within 14 days after the exercise of the right of withdrawal. However, if the product is not returned within 14 days, the refund will be postponed until you have sent us proof of return of the package.
We reimburse via the payment method used at the time of purchase. In case of payment by bank transfer, please mention the account number where the amount will be paid.
If you have any questions about the terms of the waiver, please send an e-mail to firstname.lastname@example.org.
Any claim and any return not made in accordance with the rules defined above and within the time limits laid down shall not be taken into consideration and shall release the Seller from any liability to the Customer.
Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The return costs are to be borne by the customer.
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of the conclusion of the contract.
a. Warranty of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to carry out the legal guarantee of conformity. However, if the product purchased is a second-hand product, the warranty period is one year.
The lack of conformity must be reported to the seller as soon as possible and in any case within two months of its discovery.
9. Right of revocation
If the Customer is a consumer, he can exercise his statutory right of withdrawal within 14 working days after delivery of the goods or conclusion of the service agreement.
After the customer has communicated his decision to withdraw, he has 14 days to return or return the goods.
Any revocation not made in accordance with the rules and deadlines of this article may not be taken into account and releases the Seller from any liability to the Customer.
The Customer may request the refund of the returned product, without penalty, with the exception of the return costs, which shall remain at his expense.
The return or exchange of the product can only be accepted for products in their entirety, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
Seller will refund Client all amounts paid, including delivery charges, within 14 days of the goods being returned or proof of dispatch of the goods being provided.
If the order relates in whole or in part to digital content that is not supplied on a physical medium, the Customer accepts for this digital content his right of withdrawal to be delivered as soon as possible.
Model of the revocation form
Victor Soensstraat 11
1853 Strombeek Beaver
Company number (BCE/VAT) : BE 0735.952.064
I/We (*) hereby give notice (*) of my/our (*) revocation of the contract of sale of goods (*)/provision of service (*) below:
Ordered on (*)/received on (*) : __________
Name of the consumer(s) : __________
Address of the consumer(s) : __________
Signature of the consumer(s) (only if this form is submitted on paper):
* Delete what does not apply
10. Data Protection
Seller shall keep in its computer systems and under reasonable security conditions a record of the transaction including the order form and invoice.
The Seller guarantees its Client the protection of its personal data in accordance with the Privacy Charter available on the Platform.
11. Force majeure
If the Seller, due to an unforeseen circumstance beyond his control, is wholly or partially prevented from carrying out the order, there is force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller shall inform the Client immediately.
If the force majeure lasts for more than 90 days without interruption, each party to the contract has the right to terminate the contract unilaterally, by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionately to the Client.
12. Independence of clauses
The illegality or nullity of any provision of these T&C shall not affect the validity and enforceability of the remaining provisions. Seller reserves the right to replace the illegal or void provision with another valid provision of similar effect.
13. Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the vendor's registered office.