GENERAL SALES CONDITONS REGARDING SALES IN SHOWROOM AND DISTANCE SALES (E-COMMERCE)
Article 1: Definitions
In these general sales conditions the following definitions are applicable:
Entrepreneur: a natural or legal person who offers products and/or services to consumers from a distance;
Consumer: the natural person who doesn’t act on behalf of a company or profession;
Distance agreement:an agreement in which one uses exclusively one or more techniques for commercial activity;
Technique of distance communication: a means that can be used for entering into an agreement, without the consumer and the entrepreneur having gathered simultaneously in the same room.
Consideration time: the term in which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term in conformity with article 47 Belgian Act regarding Market practices;
Day: calendar day
Duration transaction: a distance contract concerning a range of products and/ or services, the supply and/ or purchase is spread over time;
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Article 2: Identity of the seller
Geert NINCLAUS, operating under the name ‘GENICO’, known under the CBE number 0791.023.023, with registered office in 8755 Ruiselede, Industriestraat 40
3.1. Current general sales conditions are, to the exclusion of the consumer’s possible own sales conditions, applicable to every offer of the entrepreneur and to every executed agreement, this either being a distance agreement or an agreement concluded in the showroom between the entrepreneur and the consumer.
3.2. Before the distance agreement is concluded, the text of the current general sales conditions are made available to the consumer.
3.3 Every user who wants to make a purchase confirms that he/she is a natural personal and has the authority to act. A user who has been declared incompetent in virtue of stipulations in article 1123 and following of the Belgian Civil Code, cannot in any way be allowed to make purchases.
Article 4: Offer
4.1. If an offer has a limited validity or is made under conditions, this shall be explicitly mentioned in the offer.
4.2. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed in order to allow the consumer to make a proper assessment of the offer. When the entrepreneur is making use of images, these shall be true representations of the offered products and/or services.
4.3. Apparent mistakes or errors in the offer are not binding to the entrepreneur.
4.4. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
° the price including taxes;
° any delivery costs;
°the way in which the agreement shall be executed and which actions are required to do so;
° whether to apply the right of withdrawal;
°the method of payment, delivery or execution of the contract;
°the deadline for accepting the offer, or the term within which the price must be paid;
°the extent of the rate for distance communication if the costs of using the technology for distance communication were calculated on a basis different from the base rate;
°if the agreement after the conclusion is archived, how it can be consulted by the consumer;
°the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by him under the agreement;
°any other language, besides Dutch, in which the agreement can be concluded;
°the minimum duration of the distance agreement in case of an agreement which aims for continuous or periodic delivery of products or services;
Article 5: Pricing
5.1 All mentioned prices are always VAT included and all other taxes mandatory to the consumer. In case delivery, booking or administration costs are charged, they will be mentioned separately.
5.2 The price quotation is only relevant to the articles as mentioned verbatim. The accompanying pictures that match the articles are only for decoration and can contain elements not included in the price.
Article 6: Order and payment
6.1 The sale is concluded by signing the filled out order form which cannot be changed anymore.
6.2 When the buyer buys a product online, the purchase shall be finalized the moment that the buyer has introduced his order by clicking on the ‘order button’. The buyer shall receive a confirmation by e-mail from the entrepreneur. The items shall be delivered at the location selected by the buyer and which shall be indicated in the confirmation mail.
6.3. All sales are done in 8755 Ruiselede, Industriestraat 40 in the enterprise Genico and on cash payment, except when otherwise agreed upon and mentioned.
If with the sale, there was an agreement to pay one or more advances, the entrepreneur shall only be held to delivery after he has received these advances. Payment of the goods shall be done in cash upon delivery or collection, except in the case of an explicit derogatory mention on the order form.
Any late payment of the price or its balance shall, by law, without any proof of default, result in the payment of 1% of late-payment interests by the buyer on the unpaid amount. Moreover, the buyer shall owe by law and without any proof of default in case of late payment of the price a lump sum to the amount of 10%, with a minimum of 125.00 EUR.
6.3. The buyer may choose between the following methods of payment:
- by credit card
- by bankcontact(app)
- by remittance
Article 7: Delivery
7.1 The delivery and/or execution terms are merely indicative and are therefore not binding for the entrepreneur. Products are only delivered in the countries in which the website allows its delivery. Delivery addresses that are passed on erroneously are the consumer’s responsibility and may result in additional costs being charged.
7.2 Delay in delivery and/or execution can never give way to fines, compensation, cancellation of the agreement or refusal to receive the product.
7.3 The entrepreneur has the right to execute partial deliveries.
Artikel 8: Force majeure
8.1 In case the entrepreneur cannot execute the order due to force majeure, to which are included accidents, illness, fire, war, strikes, lock-outs, riots, delays by suppliers, absence of transport equipment etc., Genico has the right to terminate the agreement without having to pay any form of compensation to the consumer.
Article 9: Complaints and warranty
9.1 All complaints relating to the delivered products shall be, subject to forfeiture, reported in writing by means of registered mail. Invisible faults shall be, subject to forfeiture, reported within 8 calendar days after its discovery. Each fault that is failed to be reported on time, shall forfeit each right to repairmen or replacement.
9.2 In virtue of the Belgian act of 21 September 2004 concerning the protection of the consumers in selling consumption goods, the consumer is entitled to several legal rights. The legal warranty period of two years shall remain valid from the date of delivery.
Faults caused by accidents, negligence or wrongful use (by the user or even by third parties), shall not be covered by the warranty.
Article 10: Unilateral termination
10.1 As long as there are no goods supplied to the buyer, and there is no question of any breach of contract, the buyer has the right to terminate the agreement unilaterally. When the buyer exercises this right, he shall pay the entrepreneur a compensation equal to 25% of the total amount of the sale in question.
In case of unilateral termination, any advance that already has been paid, shall be acquired as a cancellation compensation.
10.2. In case of misconduct by the buyer (e.g. when the buyer repeatedly obstructs an execution of the agreement or delivery or postpones it for a period of more than 3 months after the ordered goods have come in), the same cancellation compensation applies.
Article 11: Right of withdrawal and return policy
11.1 The stipulations in this article solely apply to buyers who in their capacity of consumer buy items online and hence do not apply to purchases in the showroom of the entrepreneur, nor to purchases by professionals.
In regard to the distance sale to consumers who fall under the application area of the Belgian Act of 6 April 2010, the consumer has the right to communicate to the seller that he renounces the purchase, without payment of a fine and without presenting a motive within the 14 (fourteen) calendar days from the day that follows the delivery.
In case the consumer appeals to this possibility, he shall return the goods and the packaging at his own peril and expense in its original, intact and unused state to Genico, Industriestraat 40 in 8755 Ruiselede.
Only items that find themselves in the original and undamaged packaging, together with all accessories, instructions and the invoice or sales receipt can be taken back.
Shall not be taken back in any case:
- used, soiled, damaged or incomplete items
- slightly worn out items
- completely or partially worn out items
- items of which the packaging (or part of it) was opened
- items who were tailor-made for the consumer
- items who cannot be returned because of their nature
11.2 The entrepreneur reserves the right to refuse returns when he suspects that the items were already used or that they have been damaged by someone other than the seller or supplier of the item.
The return shipment is inspected by the entrepreneur. Only after a successful inspection the return shall be accepted and repayment can be expected within 10 (ten) days.
Article 12: Retention of title
12.1 The buyer only becomes the owner of the delivered goods after full payment. The entrepreneur reserves explicitly the right to reclaim then for the unpaid deliveries, wherever they may be, without recourse or resistance from the buyer and this at the consumer’s expense.
12.2 Notwithstanding the foreseen retention of title, the risk for loss or damage in regard to the goods shall be passed on to the buyer from the moment of delivery.
Article 13: Privacy
13.1 By placing an order via the showroom or website of the entrepreneur, the buyer explicitly allows one to proceed to the treatment and use of his personal data for purposes such as the administration of the consumer’s file, management of the orders, deliveries and invoices, follow-up of the solvability, marketing and advertising. The treatment for marketing purposes and the individualized advertising is done solely when the buyer has given his explicit consent to do so during the purchase process. The entrepreneur shall not be allowed to pass on the data to third parties. The buyer has at any time the right to oppose free of charge the treatment of the data for direct marketing purposes.
The entrepreneur is responsible for the treatment of these data.
The treatment of these data is necessary for the execution of this agreement and shall not be used for other purposes.
13.2 In certain circumstances, the entrepreneur is obligated to pass on the consumer’s personal data. This is the case when the law, legislation or a legal procedure obligates the entrepreneur to do so or when he or she is requested by public bodies as part of actions taken in maintaining the law or when the entrepreneur thinks it is necessary to pass on these personal data in order to prevent damage or financial losses, and this as part of an investigation into fraud or other illegal activities.
13.3 If the entrepreneur sells or transfers all or part of his/or activities or assets, he/she reserves the right to transfer any of the buyer’s personal data. In that case the entrepreneur shall do all that is necessary to notify the buyer of this and to make sure that whoever receives the personal data will use them in conformity with this article. In this case the seller must direct further questions towards the recipient of the personal data.
13.4 The buyer has the right to access his/her personal data at any time and if necessary correct them.
13.5 The entrepreneur ensures an appropriate administrative, technical and physical safety policy in which the personal data of the seller shall be protected against accidental, illegal or improper destruction, loss, change, access, exposure or use.
Article 14: Sundries
14.1 These conditions are supplemented by the general sales conditions of the entrepreneur. In case of conflict, the present conditions take precedence.
The entrepreneur can always change these conditions without further notification. Each purchase after the change shall entail an acceptance by the buyer for these new conditions.
These conditions do not in any way detract from all other legal or contractual rights being exercised by the entrepreneur.
14.2 A possible default by the entrepreneur to demand the execution of the stipulations of these general conditions shall not be able to imply that one can disclaim or renounce the application of this or any other stipulation.
14.3 The invalidity of one or multiple stipulations of these general conditions do not detract from other stipulations being applied.
14.4 In the entrepreneur-buyer relationship only Belgian law shall apply. Each dispute shall be brought by the entrepreneur before the courts of the district West-Flanders, without prejudice to the entrepreneur’s right to undertake legal steps before the courts of the consumer’s jurisdiction.