General Terms and Conditions of Sale
1. DEFINITION AND SCOPE OF APPLICATION
The T&Cs set out the rights and obligations of the parties in relation to the sale of products via the Energaia.be website (hereinafter referred to as the "Website"). These GTC shall govern any sale of products made on the Website. The GTC are concluded between, on the one hand, Energaia, located at Rue Neuve 16, 4210 Burdinnewhich can be reached at the following e-mail address info@energaia.be and by phone at +32 496 04 21 51affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Banque Carrefour des Entreprises de Belgique under number 0896.755.397 (VAT BE 0896.755.397), whose registered office is located at 70, Rue Emile Féron, 1060 Brussels, Belgium, hereinafter referred to as the "seller", and, on the other hand, the customer, a natural person placing an order, hereinafter referred to as the "buyer", who is a consumer.
2. HOW THE GCVS APPLY
The present general terms and conditions are exclusively applicable. In any event, they exclude the customer's general or special conditions that the seller has not expressly accepted in writing. Any order assumes prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditional on a handwritten signature by the buyer.
In accordance with the provisions of the law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order.
3. PRODUCTS/SERVICES ON SALE
The products offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the buyer, and within the limits of available stocks. The images and photos of the products on sale are not contractual. The seller makes every reasonable effort to display the availability of products in real time on the site, but cannot be held responsible if a product is no longer available to fulfil the order. In case of unavailability of one of the ordered products, the buyer will be informed and will have the possibility to either modify or postpone his order, or to cancel it, in which case he will be reimbursed for the amount of his order if he has already made the payment.
4. SELLING PRICES OF THE POSTER PRODUCTS/SERVICES
4.1 The price of each product is displayed on the site in euros and includes VAT. This price is valid in the countries for which delivery is possible (see article 9 of these general conditions of sale) and does not include the preparation and delivery costs, also payable by the buyer, nor the deduction of any discount or voucher granted to the buyer. The seller reserves the right to change its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of the order.
4.2 When ordering, the buyer agrees to pay, in addition to the purchase price of the ordered products, the preparation and delivery costs (hereinafter the "costs"). These costs vary according to the type and quantity of products ordered and the delivery method chosen, and include VAT. The Buyer can consult the amount of these costs on the product sheets. The seller reserves the right to modify the amount of the charges at any time, but the charges will be invoiced on the basis of the rates in force at the time of the order.
4.3 In the event of a material error by the company on the price, the company informs the customer, who then has the choice of accepting the order with a revised price or being reimbursed.
5. ORDERING TERMS AND CONDITIONS
5.1 To place an order, the buyer must fill in the order form provided on the site, on which he/she will include the information necessary for his/her identification and in particular his/her name, first name and delivery address. The buyer declares that he/she fully accepts without reservation the entirety of these GTC and undertakes to pay the full amount due. The seller cannot be held responsible for the consequences of the customer providing incorrect information.
5.2 The buyer chooses one or more items and clicks on "add to basket". After this step, the buyer has access to a summary of the items previously chosen by clicking on the "basket". In this tab " basket ", it is also possible to continue shopping by clicking on "continue shopping". After checking the shopping cart and making any necessary changes, the customer clicks on the " order "button and enter their personal information. Following this, the buyer indicates the delivery address and the billing address if they differ.
5.3 After receiving confirmation of payment of the order from the bank, the seller will send the customer a summary of the order, including the order number, the products ordered and their prices, these general terms and conditions or a link to them, and an indication of the likely time frame for completion of the order. The contract is concluded upon receipt of the order confirmation.
6. RIGHT TO SUSPEND/CANCEL/REFUSE AN ORDER
The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal of authorisation of payment by credit card by banking organisations or for any other valid reason. In this case, the responsibility of the seller could not, in any case, be engaged.
7. TERMS OF PAYMENT
Payment for purchases is made by credit card such as Visa or Mastercard and by bank card such as "Maestro" or via Paypal.
8. RETENTION OF TITLE
The right of ownership of the products is only transferred to the customer after full payment of the order. By derogation to article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice.
As long as the payment of the purchase price has not been made, the customer is forbidden to pledge the articles, to offer them, or to use them as security in any way whatsoever. The customer is expressly forbidden to make any alterations to these items, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
9. TRANSFER OF RISK
The transfer of the risk takes place when the order is fully delivered. The company shall bear the sole risk of delivery, except where the customer chooses a carrier that is not offered by the company.
10. TERMS OF DELIVERY
The delivery is made by the seller only in Belgium. Any taxes and import costs are at the buyer's expense. Delivery costs in Belgium amount to 5.43 euros. From 69 euros onwards, delivery is free for customers.
The order is delivered to the address indicated by the buyer. The seller will make every effort to ensure that the order is shipped to the delivery address within thirty working days of the order being confirmed and payment being received.
The delivery person will come to the delivery address on working days and hand over the parcel(s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the deliverer to agree either a new delivery date at the same address, or a new delivery date at a new address, or a collection at the nearest post office.
If this is not done within 15 days of the notice left by the delivery person or if the buyer is absent at the time of the new delivery, the order will automatically be returned to the seller, who will contact the buyer to schedule a new delivery of the order.
In this case, additional delivery costs may be charged to the buyer.
Incorrect delivery addresses are the responsibility of the buyer and may result in additional charges. No delay in delivery shall give rise to the payment of damages to the buyer. The seller is entitled to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded.
11. BUYER'S CLAIM
It is the buyer's responsibility to check the shipments upon arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious traces of deterioration. In the event of a complaint following receipt of the order, it is advisable to send an e-mail to the following address info@energaia.be subject "Delivery claim", within the minimum period of two months after receipt of the order.
12. RIGHT OF WITHDRAWAL AND TERMS OF RETURN
In accordance with article VI.47 of the Code of Economic Law, the customer has the possibility to withdraw from this sales contract without giving any reason within 14 calendar days from the day after receiving the product.
13. EFFECTS OF WITHDRAWAL
In the event that the Buyer withdraws from this Agreement, except as provided for in Article 15 of these GTC, the Seller shall refund all payments received, including delivery costs (except for any additional costs arising from the Buyer's choice of a method of delivery other than the less expensive standard method of delivery offered by the Seller), without undue delay and in any event no later than 14 days from the date on which the Seller is informed of your decision to withdraw from this Agreement.
The seller will make the refund using the same means of payment that the buyer used for the initial transaction, unless a different means was expressly agreed. In any event, this refund will not incur any costs for the customer.
The seller reserves the right to postpone the refund until the goods have been received or the customer has provided proof of shipment of the goods.
14. HOW TO WITHDRAW FROM A CONTRACT?
If the customer wishes to withdraw, he may notify his decision to withdraw from this contract by means of an unambiguous statement to To the following email address: info@energaia.be.
It is also possible to fill in and send the model withdrawal form available on the site under the tab "Right of withdrawal form“.
After receipt of the decision to withdraw, the buyer shall receive an acknowledgement of receipt only if the withdrawal is made online.
The customer must return the goods by post or directly to the company's premises located Rue Neuve 16 ,4210 Burdinne, with an appointment by email or by phone at the following number +32 496 04 21 51, at the latest 14 days after he has communicated his decision to withdraw from this contract.
The direct costs of returning the goods shall be borne by the customer. The customer shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
15. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
According to Article VI. 53. of the Belgian Code of Economic Law, the consumer cannot exercise his right of withdrawal for the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
16. RESPONSIBILITY
The seller is only liable for fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or fraud on the part of the seller, the loss for which the customer may claim compensation shall only include the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the delivered products, such as loss of profit, increased overheads, loss of customers, etc.
Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer has to face any restriction or additional tax to pay because of the policy adopted by his country in this matter.
17. GUARANTEE OF CONFORMITY
17.1 LEGAL GUARANTEE FOR THE BENEFIT OF CONSUMERS
In accordance with Article 1649quater of the Civil Code, the customer who is a consumer also has a legal guarantee of two years for all defects of conformity that existed when the product was delivered and that appeared within two years of the delivery. This guarantee includes the repair or replacement of the defective product, free of charge for the consumer.
If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, the consumer may be offered an appropriate reduction or refund. The seller and the customer may only agree on a refund if the customer returns the defective products.
In the event that specific spare parts or accessories required for the repair of the product are no longer available from the manufacturer, the seller undertakes to replace or refund the goods.
The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he noticed the defect, on pain of forfeiture of his right to claim.
17.2 LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
In accordance with articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which diminish this use to such an extent that the customer would not have acquired them or would only have given a lower price if he had known about them.
In the event of a hidden defect, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code, and may choose between returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
18. INTELLECTUAL PROPERTY
The photographs on the site are protected by copyright. Any unauthorised use of any of the photographs constitutes an act of counterfeiting.
In general, the data, the presentation of the site, the texts, the information, the logos, appearing on the site are the property of Energaia and are protected as such by the provisions of the Belgian economic law code.
All Internet users undertake not to use them and not to allow anyone to use these contents for illegal purposes. Any representation or reproduction, whether total or partial, permanent or temporary, on a computer medium and/or paper, and by any process whatsoever, of any of the elements of the website, without the prior consent of Energaia is prohibited and constitutes an act of infringement, which may result in civil and/or criminal penalties.
19. FORCE MAJEURE OR ACT OF GOD
The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or unforeseen circumstances.
In particular, the following events will be considered as force majeure or fortuitous events
- the total or partial loss or destruction of the vendor's computer system or database where either of these events cannot reasonably be attributed directly to the vendor and it is not shown that the service provider/vendor failed to take reasonable steps to prevent either of these events
- earthquakes
- fires
- flooding
- epidemics
- acts of war or terrorism
- strikes, whether declared or not
- lock-outs
- blockades
- insurrections and riots
- an interruption of energy supply (such as electricity)
- a failure of the Internet or the data storage system
- a failure of the telecommunications network
- loss of connectivity to the Internet or telecommunications network on which the vendor/supplier depends
- an act or decision of a third party where that decision affects the proper performance of this contract
- any other cause beyond the reasonable control of the seller/supplier
20. IMPREVISION
If, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
21. TERMINATION OF THE CONTRACT
In the event of the insolvency of the customer or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter shall be entitled to suspend the performance of its obligations until the customer has fully repaid any unpaid debts due to the seller.
In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.
22. ILLEGALITY/ INVALIDITY
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is apparent from the text.
23. EVIDENCE
The computerised registers, kept in the computer systems of the seller and its partners, will be considered as proof of the communications, orders and payments made between the parties. The parties accept the principle of electronic proof in the context of their relations (e.g.: e-mail, backups, etc.).
24. APPLICABLE LAW AND COMPETENT COURTS
The GTC are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. In addition, the seller and the buyer have the possibility to address the European platform for dispute resolution. In the absence of an amicable settlement, the courts of the judicial district of Brussels shall have jurisdiction, unless otherwise provided for by mandatory provisions.