General terms and conditions of sale

 

Company identification:

François Lambrechts, Rue B-Leprince, 7
6120 Ham-sur-Heure - Belgium
info@laffichebelge.be
Tel: 0497/10.11.14
VAT BE0649.528.034

The present conditions of sale are applicable to all contracts concluded between, on the one hand, François Lambrechts whose registered office is located at rue B-Leprince n°7 6120 Ham-sur-Heure, registered at the Crossroads Bank of Enterprises under the company number VAT BE0649.528.034 hereinafter referred to as "the seller" and, on the other hand, any person wishing to proceed to a purchase via www.laffichebelge.be, hereinafter referred to as "the buyer". 

The following definitions apply:

Buyer Any natural person who has reached the age of majority and has full legal capacity or, failing that, the legal representative of that person. In the latter case, the legal representative is bound by these terms and conditions.

Consumer Any natural person who acquires or uses products placed on the market for purposes that are not professional or commercial.

Buyer professional: any natural or legal person who does not fall under the definition of consumer in the previous paragraph. 

 

Article 1: Purpose:
The present conditions of sale aim at defining the contractual relations between the salesman and the purchaser as well as the conditions applicable to any purchase carried out by the means of the Internet site of the salesman.
By accepting the order confirmation via our website, the purchaser expressly acknowledges having read, understood and accepted these general terms and conditions, it being understood that any order for a product via our website implies the consultation and express acceptance of the general terms and conditions of sale. The present general conditions of sale can be saved or printed by the customer.
Provisions that are not expressly deviated from shall remain in effect. The application of these general terms and conditions can only be changed by written agreement. The seller nevertheless reserves the right to modify its general conditions at any time. The conditions applicable to the order are those in force at the time of its confirmation.
In case of contradiction between the general conditions of our co-contractors and ours, it is agreed that only the latter will prevail.

Article 2 : Order
Unless otherwise stipulated in writing, the products and/or services offered are those that appear in the catalog published on our website on the day of the order, within the limits of available stocks. 
Each product is accompanied by a description established by the seller on the basis of the description transmitted by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure a perfect similarity with the physical products. 
In order to place a valid order, the buyer must:

  • Fill in the identification form
  • Fill in the online order form with all the product references;
  • validate his order after having checked it;
  • acknowledge having read and accepted the present general conditions;
  • make the payment in accordance with the terms and conditions;
  • confirm his order and payment.

The sale is considered complete when the seller confirms the order.
No goods will be shipped without confirmation of order and full payment. 
The products and services are offered within the limits of available stocks. In case of unavailability of an item, the seller will inform the buyer by email as soon as possible.  The customer will have the possibility to choose between waiting (in case of temporary unavailability) or cancelling the order of the unavailable items without any costs.

Article 3 : delivery - transport :
The seller undertakes to make deliveries of the available items ordered at the latest within 30 working days of the order confirmation. The delivery of the ordered product(s) takes place at the address mentioned by the customer at the time of his order.
In case of sale to a professional, the transport is at the buyer's risk.
Upon delivery of the goods, the buyer checks if the ordered products correspond. In case of missing, damaged or not corresponding to the order, the buyer is invited to contact the customer service by email at info@laffichebelge.be.
When the article does not correspond or is damaged, the buyer is required to return it to us within 14 days from the date of receipt of the said good, requesting either an exchange of the good or a refund. The costs of return are charged to the customer. 

Article 4 : Rates 
The prices of the products and services displayed on the site are indicated in euros including all taxes (VAT and other applicable taxes).
The prices indicated do not include the transport costs, those being the subject of a separate item at the time of the order.
The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of its confirmation.
The seller reserves the right to pass on to its prices any changes in the rate of VAT that may occur before the delivery date.

Article 5: Geographic areas
The online sale of products and services presented on the seller's site is reserved for buyers residing in Belgium and for deliveries required in this geographical area.

Article 6 : Payment terms
Payment is made by credit card, Visa or Mastercard. 
The ordered articles remain the exclusive property of the salesman until the integral payment of the order by the purchaser.  

Article 7 : Right of withdrawal
According to the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 clear days from the day after the delivery of the goods or the conclusion of the service contract. This right of renunciation does not belong to the professional buyer.
The consumer buyer can also do this by sending us the following form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
The consumer is informed that he cannot make use of his right of withdrawal in the following cases (art.VI.53 of the Economic Law Code):

  • supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods likely to deteriorate or expire rapidly;
  • supply of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the consumer after delivery.
  • the supply of digital content not provided on a tangible medium if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal

Within this period, the consumer must notify his decision to withdraw by means of an unambiguous statement either by email to the following address info@laffichebelge.beor by mail to our head office address as mentioned above. In case of withdrawal, the seller will refund all payments received from the buyer, including delivery costs but not return costs, without undue delay.
The costs of returning the goods are at the buyer's expense and the goods travel at the buyer's risk.
The good must be returned in its original packaging, accompanied by all its accessories, the user's manual and must not have been subject to any degradation other than that resulting from the handling necessary to establish its nature, characteristics and proper functioning.
The seller reserves the right to make only a partial refund if the returned goods are found to be damaged or incomplete.  

Article 8 : Legal guarantee 
The buyer acting for private purposes is entitled to the legal rights under the law of September 1, 2004 on consumer protection in the case of the sale of consumer goods.
In accordance with Article 1649quater §2 of the Civil Code, the consumer is obliged to inform the seller of the existence of a lack of conformity within two months from the day the consumer noticed the defect.
This warranty only covers defects of conformity existing at the time of delivery of the goods. Defects or damage due to improper use, such as water damage, oxidation, dropping or impact, negligence and wear and tear, are not covered by the warranty.
The invoice or delivery note serves as a warranty document and must be retained by the consumer and produced in original.
The professional buyer benefits from the manufacturer's warranty. 

 Article 9: Refunds 
The refund will be made no later than 14 working days from the date of receipt of the goods which are the subject of the withdrawal request or from the date of receipt of the proof of return of the said goods. The refund will be made to the account through which the order was paid. 

Article 10: Responsibilities 
The seller, in the process of selling online, is only bound by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network and the on-line payment such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
The data on the site are communicated in good faith. The links proposed towards the sites of the manufacturers and/or the partners are given as information and do not have contractual value. The seller cannot be held responsible for the information coming from these sites. 
The buyer is responsible for the selection and use of the product delivered by the seller.  He certifies to be 18 years old at the time of the order.  The seller declines all responsibility in case of inaccuracy of the information communicated to him by the buyer.

Article 11: Intellectual Property
This site, as well as its texts, drawings, photos, illustrations, films, data, databases, software, domain names, logos and any other element contained therein are protected by intellectual property rights. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means - electronic, mechanical or otherwise - is strictly forbidden, except with the prior written consent of François Lambrechts. Any violation of this clause may result in civil, commercial and/or criminal proceedings.  

Article 12: Proof
The parties accept, within the framework of their relations, the electronic means of proof (as an example and without this list being restrictive: email, computer backups, ...).

Article 13: Dispute Resolution 
The present online sales conditions are subject to Belgian law.
The buyer acting for private purposes has the possibility in case of a dispute to apply to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr.
However, we reserve the right to submit any disputes exclusively to the courts. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless otherwise provided by law.  

Article 14: Salvage clause 
The invalidity, unenforceability or illegality of one of the clauses in one of the contracts agreed between the parties (specific and general conditions or other agreements), does not lead to the invalidity or nullity of the other provisions in the contract. All provisions shall remain in full force and effect.  

Article 15: Duration
These terms and conditions apply throughout the duration of the order, our services and the delivery of the goods as well as to all relations between the customer and François Lambrechts.