- GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS AND THE PROVISION OF SERVICES
Definitions and scope
The general conditions of sale of products and services, hereinafter referred to as "the general conditions" are applicable to all orders placed with Sport Finder, whose head office is located Rue des comparçonniers 55, 6060 Gilly, registered at Crossroads Bank for Enterprises under number 0722.563.391, hereinafter referred to as "the service provider" or "the seller".
These general conditions form the contract binding the seller / service provider and the customer. The seller / service provider and the customer are hereinafter referred to as "the parties".
The "customer" is any natural or legal person who orders products and / or services from the seller / service provider.
The "consumer" is the customer, a natural person, who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity.
These general conditions are only applicable. In any case, they exclude the general or special conditions of the customer that the seller / service provider has not expressly accepted in writing.
The general conditions are freely accessible at any time on the website of the seller / provider: www.sport-finder.com so that by placing an order, the customer declares to have read these general conditions and confirms his acceptance of rights and obligations.
The seller / service provider reserves the right to modify these terms and conditions at any time without prior notice, subject to such changes appearing on its website. These changes will apply to all product and / or service orders placed subsequently.
Offer and order
To place an order, the customer chooses the product (s) and / or service (s) that he wishes to order by surfing on the website of the seller / service provider, indicates the contact details that are requested, checks the accuracy of the order , and then makes the payment of his order.
After receiving confirmation of the payment of the order by the bank, the seller / service provider sends the customer a summary of his order, including the number of his order, the products and / or services ordered and their price, the present terms and conditions or a link to them, as well as an indication of the likely lead time for the order.
The seller / service provider reserves the right to suspend, cancel or refuse the order of a customer, in particular where the data communicated by the customer is clearly erroneous or incomplete or where there is a relative dispute payment on a previous order.
In case of cancellation of the order by the customer after its acceptance by the seller / provider, for whatever reason, except for the case of force majeure, an amount equivalent to 30% of the price of the order will be acquired from the seller / provider and billed to the customer as damages.
Price
The price of the products and / or services is indicated in euros, all taxes included.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and that of delivery and / or execution will automatically be charged to the customer.
Any delivery charges are not included in the quoted price, but are calculated separately, during the order process, depending on the mode and place of delivery and the number of products ordered.
Timing
Unless otherwise expressly agreed in writing by the seller / service provider, the delivery and / or execution deadlines mentioned in the special conditions are not strict deadlines. The responsibility of the seller / service provider can be engaged only if the delay is important and if it is attributable to him because of his heavy fault.
The customer will not be able to invoke the delivery and / or execution deadlines to request the cancellation of the contract, to claim damages or to assert any other claim, unless otherwise agreed in writing and expressly accepted by the seller / service provider.
In case of delay in excess of thirty working days, the customer must send a formal notice by registered mail to the seller / service provider, who can then receive 50% of the time prescribed to deliver the product (s) ordered and / or perform the services ordered.
Retention of title
The seller remains the owner of the products ordered until their full payment.
The right of property of the products is transmitted to the customer only after the withdrawal or the delivery of the articles and after the complete payment of the order. Notwithstanding article 1583 of the Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, it is forbidden for the customer to pledge the goods, to offer them, or to use them as security in any way whatsoever. It is expressly forbidden for the customer to modify these items, to make real estate by incorporation or destination, to sell them or to dispose of them in any way whatsoever.
As long as the seller has the property rights over the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for the maintenance in good condition of these products. During this period, only the customer can be held responsible for any loss or damage to the products. If necessary, the customer agrees to insure the products against any risk. The customer also undertakes to store the products in such a way that they can not be confused with other products and that they can at all times be recognized as the property of the seller.
Right to retract
In accordance with Article VI.47 of the Economic Law Code, the consumer who remotely orders products and / or services from the seller / service provider has a period of 14 calendar days from date, for products, of the day the delivery of the products or the notification of their availability at the planned picking point, to notify the seller that he renounces the purchase, without penalty and without giving reasons.
For services, the period of 14 calendar days begins to run from the day of the conclusion of the contract, that is to say, the day the consumer received the summary of his order, including by email.
When this period expires on a Saturday, Sunday or a holiday, it is extended to the next working day.
The consumer can notify his desire to cancel the purchase, using the withdrawal form posted on the website of the seller / service provider, using the form sent with the order form or available on the website of the S.P.F. Economie, P.M.E., Middle Classes and Energy: economie.fgov.be, or by a declaration without any ambiguity exposing its decision to withdraw from the contract.
The consumer must reship the product (s) for which purchase(s) he renounced in perfect condition in his / their original packaging.
Only direct return charges will be the sole responsibility of the consumer.
The seller / service provider will return the amount paid as soon as possible and at the latest within 14 days from the return of the products.
A consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived the right of withdrawal for that product.
The consumer who expressly accepts that the ordered service is performed before the expiry of the 14 day period and acknowledges that this execution will make him lose his right of withdrawal, will no longer be able to exercise this right, in accordance with article 53 of book VI of the Code of Economic Law.
Similarly, the consumer may not exercise the right of withdrawal if he is in the case of one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law, particularly in the case of the supply of goods made to the consumer's specifications or clearly personalized.
Termination of the order
The customer who does not enter the conditions to benefit from the right of retraction described in the preceding article of the present conditions and who wishes to cancel his order informs the seller / provider who will indicate the steps to follow.
The deposit possibly paid by the customer to the seller / service provider will not be refunded. If no deposit has been paid, the seller / service provider will be able to claim from the customer a termination indemnity equal to 30% of the price of the products and / or services whose order has been canceled by the customer.
Delivery and / or execution of the order
The delivery and / or delivery times indicated by the seller / service provider are only indicative and do not bind the seller / service provider. A delay in the delivery and / or execution of the order can not in any case give rise to any compensation, termination of the contract, suspension of the obligations of the customer, nor the payment of damages.
The order is not delivered to the customer or is executed only after its complete payment. The transfer of the property and the risk charge takes place when the order is fully paid. The customer is therefore advised that he alone bears the risk of delivery risks.
Availability
Products offered for sale by the seller are within the limits of available stocks.
In case of unavailability of one or more product(s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order or a delivery postponed at the end of the out of stock of the product(s) concerned.
Receipt of the order and complaint
The customer is required to check the apparent good condition as well as the conformity of the products that are delivered to him or that he withdraws at the planned withdrawal point with the products he has ordered.
Any complaints must be made in writing, within 8 days after the delivery of the order or notification of the availability thereof at the planned withdrawal point. Otherwise, they can not be taken into account and the customer will be deemed to have received the order definitively.
Any claims relating to services provided by the service provider must be made in writing, within 8 days after the occurrence of the event giving rise to claim. Otherwise, they can not be taken into account.
If a claim proves to be justified, the seller / service provider will have the choice between replacing or refunding the price of the products and / or services concerned.
Intellectual property
The information, logos, drawings, brands, models, slogans, graphic charters, etc., accessible through the website or the catalog of the seller / provider are protected by the law of intellectual property.
Unless expressly agreed otherwise, the client is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or the seller's catalog. / provider.
Unless expressly waived, the agreed price does not therefore include any assignment of intellectual and / or industrial property rights for any reason whatsoever.
Guarantees
◦ Legal warranty for all customers
In accordance with Articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee products against hidden defects that render the products unfit for the use for which they are intended, or which reduce such use so much that the customer would not have acquired them or would have given a lower price if he had known them.
In case of finding a hidden defect, the customer must act promptly, in accordance with Article 1648 of the Civil Code, and will have the choice between making the product a hidden defect against a total refund, or the keep against a partial refund.The seller is not obliged to guarantee the products against apparent defects, which the customer could or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee the products against the hidden defects of which he was aware at the time of the sale, and which he has refrained from warning the customer.
Only the invoice, the receipt or the purchase order are valid as guarantee certificates for the customer towards the seller. These documents must be kept by the client and presented in their original version.
◦ Additional legal guarantee for customers who are consumers
In accordance with Article 1649quater of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the defects of conformity which existed at the time of the delivery of the product and which appeared within a delay. two years from that date.
This warranty includes repair or replacement of the defective product at no cost to the consumer.
However, if this repair or replacement proves impossible, disproportionate for the seller or cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer will be able to agree a refund only by the delivery of the defective products by this one.
In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller can not be held responsible for the loss of the possibilities of use of the product.
The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day he found the defect, under penalty of forfeiture of his right to claim.
Only the invoice, the receipt or the purchase certificate are valid as guarantee certificates for the consumer towards the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This warranty does not apply in the event of failure resulting from misuse, external causes, poor maintenance, normal wear and tear, or any use that does not comply with the manufacturer's instructions. or the seller.
In case of damage, theft or loss of a product delivered for repair, the seller's liability will in any case be limited to the selling price of the product.
The seller can not be held responsible for the loss or reproduction of data stored in or by electronic devices delivered for repair.
◦ Guarantee as to the services provided
The provider undertakes to perform the service in good father.
The customer benefits from a guarantee of conformity of the services provided compared to the services initially requested. In the event of an anomaly detected during this period, the service provider will make the correction free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.
Excluded from the guarantee of conformity are the services requested as a result of an unauthorized intervention or modification, a handling error or a non-compliant use by the customer, or as a result of an anomaly caused by the intervention of the customer or a third party.
The service provider declares that the results of the services which would be protected by the right of the intellectual property constitute original creations. In the event that he has called upon outside parties to provide all or part of the services, he declares that he has obtained all the rights and authorizations necessary to perform these services.
Therefore, the provider guarantees the customer against any action, claim, allegation, complaint or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.
Responsibility
General.
The customer acknowledges and accepts that all the obligations of which the seller / provider is liable are exclusively means and that he is responsible only for his fraud and gross negligence.
In the event that the customer demonstrates the existence of a gross or fraudulent fault on the part of the seller / service provider, the damage that the customer can claim compensation includes only the material damage resulting directly from the fault imputed to the seller / service provider to the exclusion of any other damage and can not, in any case, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller / service provider is not responsible for any direct or indirect damage caused by the delivered products or the services provided, such as the loss of profits, the increase of the general expenses, the loss of customers, etc.
The seller / service provider is also not liable in case of communication of erroneous data by the customer, or in the case of an order placed on his behalf by a third party.
It is finally up to the customer to inquire about any restrictions or customs duties imposed by his country on the products ordered. The seller can not be held responsible if the customer has to face any restriction or additional tax due to the policy adopted by his country in this regard.
Materials.
If the customer imposes on the seller a process or materials of a specified quality, origin or type, and despite the written and reasoned reservations of the seller, the latter is relieved of all liability due to defects resulting from the choice of said method or materials.
Internet and new technologies
The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The customer also recognizes the risks of storage and transmission of information by digital or electronic means.
The customer agrees that the seller / provider can not be held responsible for any damage caused by the use of the website (and any applications) of the seller / service provider or the internet, following the aforementioned risks.
The customer further agrees that the electronic communications exchanged and the backups made by the seller / provider can serve as proof.
Miscellaneous
Case of force majeure or fortuitous event.
The seller / service provider can not be held responsible, both contractually and extra-contractually, in case of non-performance, temporary or permanent, of its obligations when this non-performance results from a case of force majeure or fortuitous event.
In particular, the following events will be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of the vendor / service provider's computer system or its database when one or the other of these events occurs; can not reasonably be attributed directly to the vendor / vendor and there is no evidence that the vendor / vendor failed to take reasonable steps to prevent any of these events, 2) tremors 3) fire, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10 ) insurrections and riots, 11) a power supply shutdown (such as electricity), 12) a failure of the Internet or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which the seller / service provider depends, 15) a fact or decision of a third party where that decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller / service provider.
Lack of foresight.
If, due to circumstances beyond the control of the seller / service provider, the performance of its obligations can not be continued or is simply made more onerous or difficult, the seller / service provider and the customer undertake to negotiate in good faith and loyally adapting the contractual conditions within a reasonable time in order to restore the balance. Failing agreement within a reasonable time, each party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.
Termination of the contract.
In the event of insolvency of the customer or in case of unpaid debts, even in the context of previous contracts between the customer and the seller / service provider, the latter is entitled to suspend the performance of its obligations until full reimbursement by the customer. customer of any unpaid debt due to the seller / service provider.
In case of non-fulfillment of its obligations by the customer, the seller / service provider may terminate the contract to the exclusive wrongs of the customer without delay or compensation and, where appropriate, may claim any legal redress for damages.
Illegality.
The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) can not in any way affect the legality of other articles, paragraphs or provisions of these terms and conditions, or the remainder of this article, paragraph or provision, unless the contrary intention is evident in the text.
Securities.
The titles used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.
No waiver.
The inertia, negligence or delay by a party in exercising a right or remedy under these terms and conditions shall in no way be construed as a waiver of such right or remedy.
Applicable Law and Jursdiction
These general conditions are subject to Belgian law.In the event of a dispute regarding the validity, interpretation, execution or termination of these general terms and conditions, the parties undertake to resort to mediation prior to any other method of conflict resolution.
The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) at 1000 Brussels - https://www.cfm-fbc.be) by mutual agreement or charge a third of this designation.
Once the mediator has been appointed, the parties define, with the assistance of the mediator, the modalities for organizing the mediation and the duration of the process.Either party may terminate the mediation at any time without prejudice to it.
In case of failure of the mediation, only the courts of the judicial district of Brussels will be competent.