Definitions and scope
The general conditions of sale of products, hereinafter referred to as "the general conditions" are applicable to all orders placed with DistriLegend sprl,
whose head office is located Rue des Anciens Etangs 40 to 1190 Forest, registered with the Crossroads Bank of Enterprises BE0718812263,
hereinafter referred to as 'the seller'.
These general conditions form the contract binding the seller and the customer. The seller and the customer are hereinafter referred to as "the parties".
The "customer" is any natural or legal person who orders products from the seller. The "consumer" is the customer, a natural person, who acts for purposes that are not part of the framework of its commercial, industrial, artisanal or liberal activity. These general conditions are only applicable. In any event, they exclude the general or special conditions of the customer that the seller would not expressly accepted in writing.
The general conditions are freely accessible at any time on the website of the seller: "www.distrilegend.com",
so that by placing an order with him, the customer declares to have read these general conditions and confirms his acceptance to the rights and obligations relating thereto. The seller reserves the right to modify these terms and conditions at any time and without prior notice,
provided that these changes appear on his website. These changes will apply to all product orders placed later.
Offer and order
To place an order, the customer chooses the product (s) he wishes to order by surfing on the seller's website,
indicates the details requested of him, 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 sends the customer a summary of his order,
including the number of his order, the products ordered and their price, these terms and conditions or a link to these,
as well as an indication of the probable execution time of the order.
The seller reserves the right to suspend, cancel or refuse the order of a customer,
especially in the case where the data provided by the customer is obviously erroneous or incomplete or when there is a dispute over the payment from a previous order. In case of cancellation of the order by the customer after its acceptance by the seller, for whatever reason,
except the case of force majeure, an amount equivalent to 30% of the price of the order will be acquired from the seller and billed to the seller. customer, as damages.
The price of the products 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 the time of delivery 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.
Unless otherwise expressly agreed in writing by the seller, the delivery times mentioned in the special conditions are not strict deadlines.
The seller's liability can only be incurred if the delay is significant and is attributable to him due to his gross negligence. The customer can not invoke the delivery time to request the termination of the contract, claim damages or other claims,
unless otherwise agreed in writing and expressly accepted by the seller.
In the event of a delay exceeding 30 working days, the customer must send a formal notice by registered mail to the seller,
who can then benefit from 50% of the time prescribed to deliver the product (s) ordered.
Reetention 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.
Not withstanding 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 from the seller has a period of 14 calendar days to date, for the products, from the day of the delivery of the products or the notification of their availability to the planned point of withdrawal,
to notify the seller that he renounces the purchase, without penalties and without giving reasons. When this period expires on a Saturday, Sunday or a holiday, it is extended to the next working day.
The consumer may notify his intention to cancel the purchase, by means of the withdrawal form posted on the website of the seller,
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 (from which) he renounced in perfect condition in his / their original packaging. Only direct return charges will be the sole responsibility of the consumer.
The seller will return the amount paid as soon as possible and at the latest within 14 days from the reshipment 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. 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.
Cancelling an 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 salesman who will indicate him the steps to follow. The deposit possibly paid by the customer to the seller will not be refunded.
If no deposit has been paid, the seller will be able to claim from the customer a termination indemnity equal to 30% of the price of the products whose order has been canceled by the customer.
Delivery of an order
The delivery times indicated by the seller are only indicative and do not bind the seller.
A delay in the delivery of the order will therefore in no case give rise to any compensation, termination of the contract, suspension of the obligations of the customer, nor to the payment of damages. The order is delivered to the customer only after his full 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.
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 an order and complaints
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 7 days after the delivery of the order
or notification of the availability of the latter 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. If a claim proves to be justified, the seller / service provider will have the choice between replacing or refunding the price of the products concerned.
The information, logos, drawings, brands, models, slogans, graphic charters, etc., accessible through the website
or the catalog of the seller are protected by the law of intellectual property. Unless expressly agreed otherwise, the customer 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. . Unless expressly waived, the agreed price does not therefore include any assignment of intellectual and / or industrial property rights for any reason whatsoever.
◦ Legal warranty for all clients
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 vis-à-vis the seller.
These documents must be kept by the client and presented in their original version.
◦ Additional legal warranty 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 to 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 obliged 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 vis-à-vis 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 that the failure results 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.
Generalities. The customer acknowledges and accepts that all the obligations of which the seller 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 gross or fraudulent fault on the part of the seller,
the damage which the customer can claim the compensation includes only the material damage resulting directly from the fault imputed to the seller to the exclusion 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 is not responsible for any direct or indirect damage caused by the delivered products, such as loss of profits,
increased overhead, loss of customers, etc. The seller is also not responsible in case of communication of erroneous data by the customer, or in case of an order made on his behalf by a third person. 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 ne 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 can not be held responsible for any damage caused by the use of the website (and any applications) of the seller or the internet, following the aforementioned risks. The customer further agrees that the electronic communications exchanged and backups made by the seller can serve as proof.
Force majeure or fortuitous events.
The seller can not be held responsible, both contractually and extracontractually, in case of non-performance, temporary or permanent, of its obligations when this non-performance results from a case of force majeure or fortuitous.
In particular, the following events shall be considered to be force majeure or fortuitous: 1) the total or partial loss or destruction of the vendor's computer system or its database when any of these events can not occur; not be directly attributable to the seller and that the seller has not been shown to have failed to take reasonable steps to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) declared or unresolved strikes, 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 network. water or the telecommunications network on which the seller 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.
Lack of forsight.
If, due to circumstances beyond the control of the seller, the execution 6
its obligations can not be continued or is simply made more expensive or difficult, the seller and the customer undertake to negotiate in good faith and fair adaptation of the contractual conditions within a reasonable time in order to restore balance. Failing agreement within a reasonable time, each party may invoke the termination of the contractual relationship between them without compensation or compensation of any kind whatsoever.
Annulement of contract.
In case of insolvency of the client or in case of unpaid debts, even in the context of previous contracts between the customer and the seller, the latter is entitled to suspend the performance of its obligations until full refund by the customer of any unpaid debt due to the seller. In case of non-fulfillment of his obligations by the customer, the seller 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.
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.
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.
The slowness, negligence or delay by a party in exercising a right or remedy under these terms and conditions may in no way be construed as a waiver of that right or remedy.
Applicable law and jurisdiction
These general conditions are subject to Belgian law. In the event of a dispute concerning the validity, interpretation, execution or
termination of these general conditions, the parties undertake to resort to mediation before 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/en)
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.