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Termes and conditions
Application of these conditions :
1.1. The seller hereinafter referred to is S.A. M.CONCEPT, whose registered office is located at 1160 Auderghem, Avenue des volontaires, 19, (tel: +32(0)2/344.19.19 – fax: +32(0)2/344.65.35 – e-mail: firstname.lastname@example.org) and registered in the Register of the Crossroads Bank for Enterprises under number 0456.976.304 (VAT BE0456.976.304).
1.2. The buyer is defined below as being the company or natural person, agreeing to the offer contained in the price quotation issued by the seller.
1.3. These general terms and conditions of sale are applicable to any order placed by the buyer with the seller and to all sales contracts binding the latter, including all ancillary services. They are available at the following Internet address: http://www.maisonsclothes.be and can be saved as a .pdf file. They are attached to all documents communicated by the seller.
1.4. These general terms and conditions of sale exclude, in the absence of written acceptance by the seller, all other general and special conditions of the buyer.
1.5. The buyer undertakes to specify to the seller, at the latest at the time of acceptance of the price offer issued by the seller, whether the order is placed for professional or private purposes. Unless otherwise specified, the parties acknowledge that the obligations arising from the agreement relating to these conditions arise and/or are mainly carried out at the place of the seller’s registered office, the registered office of one or more of its subsidiaries or one of its warehouses.
2.1. Offers are valid within the limits of available stocks. French is the only language used for the conclusion of the contract and during its execution.
2.2. During his visit to the seller’s website, the buyer chooses the type and quantity of goods desired as well as the specific features he wishes to see brought to these goods. The buyer fills in his personal information and submits his price request to the seller. As soon as possible, the seller will send back to the buyer by return e-mail a price offer including the characteristics of the desired goods, all subject to the present general conditions. Within 31 days of this dispatch, the buyer shall accept the price quotation, failing which the quotation shall lapse. In the event of changes made by the buyer, the seller shall send a new price discount valid under the above-mentioned conditions. Acceptance of the final price reduction is deemed to be the conclusion of the contract of sale and makes the parties subject to these general terms and conditions. The seller shall send the buyer a confirmation of the order placed.
Prices and payment :
3.1. The sale price indicated in the price discount is subject to change until the buyer’s acceptance, which makes it final, except in cases of force majeure.
3.2. The seller reserves the right to require the provision, at its discretion, of additional securities, real or personal. In the absence of such constitution, any commitment between the parties shall be deemed null and void.
3.3. Unless otherwise stipulated, invoices issued by the seller are payable in euros, in cash and without discount, at the seller’s registered office or to its bank account.
3.4. Any complaint relating to the invoice must be notified to the seller within eight days of receipt at the latest, failing which it will not be taken into account.
3.5. In the event of non-payment of any invoice within 15 days of its dispatch, the buyer shall be liable, in addition to the principal amount, to the seller, ipso jure and without prior notice of default, for default interest at the rate of 1.5% per month, as well as a fixed compensation of a total amount of 15% of the principal amount of the order excluding VAT, interest and costs, with a minimum amount of € 75.
3.6. In the same way, and in order to comply with the provisions of article 78 of the law relating to market practices and consumer protection, in the event that a delay is attributed to the fault of the seller, and provided that the customer has sent the seller, by registered letter, a formal notice reminding him of this condition and that this formal notice has remained without effect for eight days, the seller shall be liable, by way of fixed compensation, for a sum equal to 5% of the agreed price excluding VAT, with a minimum of €75.
3.7. In the event of judicial collection of any invoice, the buyer will, in addition, be liable for reasonable collection costs, such as legal costs and internal management costs, which would exceed the amount of this lump sum compensation.
3.8. In the event that the buyer fails to meet a single payment deadline, for whatever reason, all subsequent payments will be made, at the latest, when the buyer next places an order. In addition, the seller reserves the right to suspend the execution of the other orders in progress until full payment of the amounts due.
4.1. Except in the case of sales to consumers, the buyer bears the transport and risks relating to the products as soon as he takes possession of them and, failing that, as soon as they are made available to him. If the buyer designates another place of delivery, the removal and, where applicable, the storage of the products will be carried out at the buyer’s risk and expense.
4.2. The parties expressly agree that any delivery time is given for information purposes only. No delay in delivery may therefore give rise to the cancellation by the buyer of the sales contract or payment of damages and interest to be borne by the seller.
4.3 Furthermore, the seller has the right to refuse to sell its products depending on the availability of stocks, or for other legitimate reasons, and retains the right to make partial deliveries. Prices do not include pallets, packaging and other ancillary costs. The conditions for taking back pallets and packaging will be agreed upon by special agreement.
Retention of title :
5.1. The products delivered remain the property of the seller until full payment of the price, including interest on arrears and any compensation.
5.2. In the event of non-payment of the price on the due date, the seller reserves the right to take back the products at the buyer’s expense. Until full payment of its products, the buyer may neither resell them nor pledge them without the prior written agreement of the seller.
5.3. The buyer undertakes to inform the seller of any seizure made by a third party on the products sold for which the price has not been paid in full.
5.4. Similarly, the buyer undertakes to inform the seller immediately in the event that the delivered and unpaid products are found in the premises rented by the buyer.
The buyer undertakes to carry out a careful examination of the products delivered to him, at the time of their reception, in accordance with his capacities.
6.1. Buyer acting for professional purposes :
6.1.1. Any denunciation of an apparent defect or lack of conformity affecting the products delivered must be notified to the seller within 7 days of delivery of the products.
6.1.2. Receipt of the products by the buyer or his agents shall cover any apparent defect that may be observed at the time of delivery.
6.1.3. The seller must be notified of any hidden defects in the products delivered within fifteen days of the discovery of these defects by the buyer or from the time when he could reasonably have discovered them.
6.1.4. Any legal action relating to hidden defects must be brought within thirty days from the discovery of the defects by the buyer, or from the moment when he could reasonably have discovered them, or from the day of the failure of the talks with a view to an amicable settlement.
6.1.5. No product may be returned to the seller unless prior written agreement has been given by the seller.
6.1.6. For a period of one year from the delivery of the products, the seller’s guarantee is exclusively limited to either the repair or replacement of the defective products, or the return or reduction of the invoiced price, without any other compensation.
6.1.7 Furthermore, the seller’s liability is excluded in the event of damage caused jointly by a defect in the products delivered and by the fault of the victim or a person for whom the victim is responsible.
6.1.8. The guarantee expires after this one-year period.
6.2. Buyer acting for non-professional purposes :
The buyer has legal rights under the law of 1 September 2004 governing the sale of consumer goods, which are not affected by this guarantee. This article is a guarantee within the meaning of article 1649 quater to 3 of the Civil Code.
No right of withdrawal for consumers :
In the case of the supply of goods to a consumer, made to the consumer’s specifications or clearly personalised or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly, the following is specified : “The consumer does not have the right to withdraw from the purchase”.
Force majeure :
8.1. The occurrence of any event such as, in particular, any interruptions in production, transport or delivery, strikes, lock-outs, embargoes, wars, terrorist attacks or the consequences of attacks, shortage of raw materials, epidemics, bad weather and more generally, any event of a similar nature affecting the parties or their supplier and delaying or rendering impossible the performance of their respective obligations, shall suspend the performance of their respective obligations.
8.2. The party that invokes such an event shall notify the other party as soon as possible of the proof of the occurrence. The performance of its obligations will be suspended until notification of the end of the event, it being understood that neither party may claim any compensation from the other party.
8.3. The parties will do their utmost to reduce the difficulties and/or damage caused.
8.4. If the force majeure lasts more than 60 days, the parties will do everything possible to renegotiate the subsequent execution of the sales contract.
8.5. In the absence of agreement, each party will have the right to terminate it by notifying the other party.
Subcontracting and assignment :
The seller may subcontract all or part of the execution of the sale to a third party without the prior written consent of the buyer. The seller may also transfer all or part of the sale to a third party without the prior written consent of the buyer.
Protection of privacy :
10.1. The processing by the seller of the personal data received by the buyer has the following purposes: the execution of this agreement, customer administration, promotion of the seller’s products and services, the establishment of personalised information and direct marketing campaigns, including by means of electronic mail.
10.2. At any time, the buyer has the right to access, check and rectify free of charge the personal data concerning him/her in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
10.3. The person responsible for processing the data is the managing director of the seller.
10.4. The buyer authorises the seller to report on the sale of products or the provision of services that are the subject of this contract, for the strict purpose of promoting the products sold and/or the services provided by the seller. The implementation of this promotion will be subject to the buyer who may, at any time, withdraw this authorisation. However, the buyer may never, under any circumstances whatsoever, claim damages as a result of the said promotion.
General information :
11.1. The nullity or inapplicability of one of the clauses of these general terms and conditions cannot affect the validity or applicability of the other clauses. Where applicable, the parties undertake to replace the null or inapplicable clause with a valid clause that is closest in economic terms to the null or inapplicable clause.
11.2. The fact that the seller does not avail itself of these general terms and conditions of sale at a given moment cannot be interpreted as a renunciation to avail itself of them at a later date.
11.3 Any communication or notification between the parties shall be validly made by registered letter, faxed mail, electronic mail with acknowledgement of receipt, for the seller, at its registered office and for the buyer, at its registered office or domicile.
Applicable law and jurisdiction :
12.1. The contractual relations between the parties as well as the present general terms and conditions are governed by Belgian law, even in the event of a guarantee call. The parties expressly agree to exclude the application of the Vienna Convention on the International Sale of Goods.
12.2. Any dispute relating to the formation, execution, interpretation of its general terms and conditions of sale as well as to all agreements to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of the judicial district of Brussels and, where applicable, the Justice of the Peace of the Second Canton of Brussels.