General terms and conditions of sale
Definitions and scope
The terms and
conditions of sale, hereinafter referred to as "the terms and
conditions" are applicable to all orders placed with FZ MOTOR, whose registered
office is located at Place
Louise de Bettignies, 1a, 7503 FROYENNES, registered with the
Crossroads Bank for Enterprises under number 0444486266, hereinafter referred to as "the
seller".
The present terms and conditions form the
contract binding the seller and the customer. The seller and the customer are
hereinafter commonly referred to as "the parties".
The "customer" is any natural or legal
person who orders product(s) from the seller.
The "consumer" is the customer,
natural person, who acts for purposes that do not fall within the scope of his
commercial, industrial, craft or liberal activity.
The present terms and conditions are the only
ones applicable. In any case, they exclude the general or particular conditions
of the customer that the seller would not have expressly accepted in writing.
The terms and conditions are freely accessible
at any time on the website of the seller:
www.fzmotor.be", so that by
placing an order with him, the customer declares to have read these terms and
conditions and confirms his acceptance of 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 modifications appear on its website. These changes will
apply to all previous product orders.
Offer
and order
To place an order, the customer chooses the
product(s) he wishes to order by surfing on the seller's website, indicating
the details requested, verifying the accuracy of the order, and then by making
the payment for the order.
After receiving confirmation of payment for the
order from the bank, the seller sends the customer a summary of his order,
including the order number, the product(s) ordered and their price, these terms
and conditions or a link to them, as well as an indication of the likely
execution time of the order.
The seller reserves the right to suspend, cancel
or refuse the order of a customer, in particular in the case where the data
communicated by the customer prove manifestly erroneous or incomplete or when
there is a dispute relating to the payment of a previous order.
In case of cancellation of the order by the
customer after its acceptance by the seller, for any reason whatsoever, except
in cases of force majeure, a sum equivalent to 30% of the price of the order
will be acquired from the seller and invoiced to the customer, as damages.
Price
The price of the product(s) is
indicated in Euro, including taxes.
Any increase in VAT (Value Added Tax) or any new
tax imposed between the time of the order and the time of delivery will be
automatically charged to the customer.
Any delivery costs are not included in the
indicated price, but are calculated separately during the ordering process,
depending on the mode and place of delivery and the number of products ordered.
Time limits
Delivery time = Shipping + Transport
Shipping = order prepartion time
Transport = delivery time of the order
The customer shall not be entitled to invoke
delivery periods to demand cancellation of the contract, to claim damages or to
assert any other claim, unless otherwise stipulated in writing and expressly
accepted by the seller.
In case of delay exceeding thirty working days,
the customer must send a formal notice by registered mail to the seller, who
may then benefit from 50% of the time prescribed to deliver the product(s)
ordered.
Retention of title
The seller remains the owner of the ordered
products until full payment.
The right of ownership of the products is
transferred to the customer only after the withdrawal or delivery of the
articles and after full payment of the order. Notwithstanding 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. Until payment of the
purchase price has been made, the customer is prohibited from pledging,
offering or using the items as security in any way. It is expressly forbidden
for the client to make modifications to these articles, to turn them into real
estate by incorporation or by destination, to sell them or to dispose of them
in any way whatsoever.
As long as the seller has ownership rights to
the goods delivered in accordance with the provisions of this article, the
customer shall remain responsible for maintaining these products in good
condition. During this period, only the customer can be held responsible for
any loss or damage to the products. If necessary, the customer undertakes to
insure the products against any risk. The customer also undertakes to store the
products in such a way that they cannot be confused with other products and
that they can at all times be recognized as the property of the seller.
Right of withdrawal
In accordance with article VI.47 of the Code of
Economic Law, the consumer who orders products remotely from the seller has a
period of 14 calendar days from the date of delivery of the products or
notification of their availability at the collection point provided for, to
notify the seller that he renounces the purchase, without penalties and without
giving the reasons.
Where this period expires on a Saturday, Sunday
or public holiday, it is extended to the first following working day.
The consumer can notify his will to renounce to
the purchase, by means of the form of withdrawal put on line on the Website of
the seller, by means of the form transmitted with the purchase order or
available on the site of the FPS Economy, S.M.E., Self-employed and Energy:
economie.fgov.be, or by an unambiguous statement stating its decision to
withdraw from the contract.
The consumer will have to return the product(s)
whose purchase(s) he (they) renounce and in perfect condition in its / their
original packaging.
Shipping and return costas will be borne by th customer.
The seller will return the amount
paid as soon as possible and at the latest within 14 days from the return of the
products.
The responsibility of the consumer is engaged only with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
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, in particular
in the case of the supply of goods made to the consumer's specifications or
clearly personalized.
Cancellation
of the order
The customer who doesn't qualify to profit from
the right of withdrawal described in the preceding article of these terms and
conditions and who wishes to cancel his order informs the seller who will
inform him about the steps to be followed.
Any deposit paid by the customer to the seller
will not be refunded. If no deposit has been paid, the seller may claim from
the customer a cancellation fee equivalent to 30% of the price of the
product(s) whose order has been cancelled by the customer.
Delivery of the order
Delivery times indicated by the seller are
provided for information purposes only and are not binding on the seller. A
delay in the delivery of the order can therefore in no case give rise to any
compensation, termination of the contract, suspension of the customer's
obligations, or payment of damages.
The order is delivered to the customer only
after its complete payment. The transfer of ownership and risk shall take place
at the time that the order is fully paid. The customer is therefore advised
that he alone bears the risks associated with delivery.
Availability
The product(s) offered for sale by the seller
are within the limits of available stocks.
In the event 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 deferred delivery at the end of the stock
shortage of the product(s) concerned.
Receipt of the order and complaint
The customer is responsible for checking the
visible good condition as well as the conformity of the product(s) delivered to
him or that he picks up.
Any complaint must be made in writing, within 8
days after delivery of the order or notification of its availability at the
collection point provided. Otherwise, they cannot be taken into account and the
customer will be deemed to have definitively accepted the order.
If a complaint proves to be justified, the
seller will have the choice between replacing or refunding the price of the
product(s) concerned.
Intellectual property
The information, logos, drawings, trademarks,
models, slogans, graphic charts, etc., accessible through the seller's website
or catalogue are protected by intellectual property rights.
Unless expressly agreed otherwise in advance,
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 seller's website or catalogue.
Unless expressly agreed otherwise, the agreed
price therefore does not include any transfer of intellectual and/or industrial
property rights for any title whatsoever.
Warranty
·
Legal warranty for all customers
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 reduce this use so much that the customer would not have acquired them
or would have given only 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 returning the product affected by a hidden defect
against a full refund, or keeping it against a partial refund.
The seller is not obliged to guarantee the
products against visible defects, of which the customer could or should have
been aware at the time of purchase. Likewise, the seller is only obliged to
guarantee the products against hidden defects of which he was aware at the time
of the sale and of which he failed to inform the customer.
Only the invoice, the sales 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.
·
Complementary legal warranty for customers with
consumer status
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 in conformity which existed at the time of delivery of
the product and which appeared within a period of two years from this.
This warranty includes the repair or replacement
of the defective product, at no cost to the consumer.
If however such repair or replacement proves
impossible, disproportionate for the seller or would cause serious
inconvenience to the consumer, an appropriate reduction or refund may be
offered to the consumer. The seller and the customer may agree to a refund only
upon delivery of the defective products by the latter.
In the event that specific spare parts or
accessories required to repair the product are no longer available from the
manufacturer, the seller cannot be held responsible for the loss of the
product's usability.
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 on which he noted the defect, on penalty of forfeiture
of his right to complaint.
Only the invoice, the sales receipt or the
purchase order 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 incorrect use, external causes, poor maintenance,
normal wear phenomena or any use that does not comply with the manufacturer's
or seller's instructions.
In the event of damage, theft or loss of a
product delivered for repair, the seller's liability shall in any event be
limited to the selling price of the product. In no event shall the seller be
liable for loss or reproduction of data stored in or by electronic devices
provided for repair.
Liability
General information. The customer acknowledges and accepts that all
obligations to which the seller is liable are exclusively of means and that he
is only liable for his 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 can claim compensation includes only the material damage
directly resulting from the fault attributed to the seller to the exclusion of
any other damage and may not, in any event, 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 liable for any direct or indirect damage caused by the products or
services delivered, such as loss of profit, increase in overheads, loss of
customers, etc.
The seller is also not liable in the event of
communication of incorrect data by the customer, or in the event of an order
placed on his behalf by a third party.
Finally, it is the customer's responsibility to
inquire about any restrictions or customs duties imposed by his country on the
products or services ordered. The seller can therefore not be held liable if
the customer has to face any additional restriction or tax to pay because of
the policy adopted by his country in this matter.
Materials. If the customer imposes a process or materials
of a certain quality, origin or type on the seller, despite the written and
reasoned reservations of the seller, the latter shall be relieved of any
liability for defects resulting from the choice of said process 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 in the future be made available. The customer also
acknowledges the risks of storing and transmitting information digitally or
electronically.
The customer accepts that the seller cannot be
held liable for any damage caused by the use of the website (as well as any
applications) of the seller or the internet, following the aforementioned
risks.
The customer further accepts that electronic
communications exchanged and backups made by the seller may serve as proof.
Miscellaneous provisions
Force majeure or
fortuitous events. The seller cannot be
held liable, either contractually or extracontractually, in the event of
temporary or definitive non-performance of its obligations where such non-performance
results from force majeure or fortuitous circumstances.
In particular, the following events will be
considered as cases of force majeure or fortuitous events: 1) the total or
partial loss or destruction of the sellers computer system or database when any
of these events cannot reasonably be attributed directly to the seller and it
is not demonstrated that the seller failed to take reasonable measures to
prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics,
6) acts of war or terrorism, 7) declared or undeclared strikes, 8) lockouts, 9)
blockades, 10) insurrections and riots, 11) a shutdown of energy supply (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 depends, 15) a fact
or decision of a third party where such decision affects the proper performance
of this contract or 16) any other cause beyond the reasonable control of the
seller.
Unforeseeability. If, due to circumstances beyond the seller's
control, 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 an adaptation of the contractual conditions within a
reasonable time in order to restore their balance. Failing agreement within a
reasonable time, either party may invoke the termination of the contractual
relationship between them without compensation or indemnity of any kind.
Termination of the
contract. In the event of
insolvency of the customer or in the event of unpaid debts, even within the
framework of previous contracts between the customer and the seller, the latter
is entitled to suspend the execution of its obligations until the full
repayment by the customer of any unpaid debt 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 prejudice of the customer without delay or compensation and, where
applicable, may claim payment of damages and interest from him by any legal
means.
Severability. The possible illegality or nullity of an
article, paragraph or provision (or part of an article, paragraph or provision)
shall not affect in any way the legality of the other articles, paragraphs or
provisions of these terms and conditions, nor the remainder of that article,
paragraph or provision, unless the contrary intention is evident in the text.
Titles. 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. Inaction, negligence or delay by a party in
exercising any right or remedy under these terms and conditions shall not be
construed as a waiver of such right or remedy.
Applicable law and
competent jurisdiction. Any dispute relating
to the products delivered by the seller, as well as any dispute as to the
validity, interpretation or execution of these terms and conditions shall be
subject to Belgian law and the exclusive jurisdiction of the courts of the
judicial district of Hainaut.
Pursuant to Article 14, para. 1 of European Regulation n ° 524/2013 of 21 May 2013 relating to ADR, the European Commission provides consumers with an online dispute resolution platform available at this address: http://ec.europa.eu/con-sumers/odr/