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GENERAL TERMS AND CONDITIONS OF SALE
1. Definitions and scope
The terms and conditions of sale , hereinafter referred to as “the terms and conditions” are applicable to all orders placed with Cousine Lea, whose registered office is located at 7863 LESSINES - BELGIUM, registered with the Crossroads Bank for Enterprises under number BE 0712.512.213, hereinafter referred to as “the seller”.
The present terms and conditions form the contract binding the seller and the customer. The seller and the client are hereinafter commonly referred to as “the parties”.
The “customer” is any natural or legal person who orders products from the seller.
The “consumer” is the customer, natural person, who acts for purposes that do not fall within the scope of any commercial, industrial, craft or liberal activity of the customer.
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.cousinelea.com, so that when placing an order with the seller, the customer declares to have read these terms and conditions and confirms his/her 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 the seller’s website. These changes will apply to all subsequent product orders.
2. Offer and order
To place an order, the customer chooses the product(s) 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 from the bank confirmation of payment for the order, the seller sends the customer a summary of his/her order, including the order number, the products and their price, these terms and conditions 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.
The price of the product(s) is indicated in Euro, including taxes.
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.
4. Retention of title
The seller remains the owner of the ordered products until full payment.
5. 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/she renounces the purchase, without penalties and without giving any reason.
When this period expires on a Saturday, Sunday, or public holiday, it is extended to the first following working day.
The consumer can notify his/her will to renounce the purchase, by means of the form of withdrawal provided with the purchase order.
The consumer will have to return the product(s) whose purchase he/she renounces, in perfect condition and in their original packaging.
Only the direct costs of return will be the exclusive responsibility of the consumer.
The seller will return the amount paid as soon as possible and at the latest within 14 days from the reception of the returned goods.
A consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his/her right of withdrawal in respect of that product.
Similarly, the consumer may not exercise the right of withdrawal if he/she 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.
6. 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 products offered for sale by the seller are within the limits of available stocks.
8. Reception of the order and complaint
The customer is responsible for checking the visible good condition as well as the conformity of the products delivered to him/her or that he/she picks up with the product(s) that were ordered.
Any complaint must be made in writing, with supporting evidence if applicable, within 14 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 products concerned.
9. 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.
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/she 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 customer acknowledges and accepts that the seller is not liable for any direct or indirect damage cause by the products delivered.
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/her behalf by a third party.
Finally, it is the customer’s responsibility to inquire about any restrictions or customs duties imposed by his/her country on the products 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/her country in this matter.
12. 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 exchanges and backups made by the seller may serve as proof.
13. Miscellaneous provisions
Force majeure or fortuitous events. The seller cannot be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of his/her 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 seller 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, 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.
14. 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.
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