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GENERAL CONDITIONS – DISTANCE SELLING

1. General provisions 

 

These general conditions define, without prejudice to the application of specific conditions, the respective obligations of Luminelec SRL – TerreHappy Céramique, represented by Grégory Abrassart in his capacity as manager, on the occasion of all its services, whose registered office is located at Rue de Grandsart 12 - 1300 Limal - Belgium, registered with the Banque Carrefour des Entreprises under the company number 0894.234.783, hereinafter referred to as the "seller", and of any professional buyer or any consumer wishing to make a purchase via the seller's website, hereinafter referred to as the "buyer".

 

By ticking the acceptance box of the general conditions at the time of his order, the buyer expressly acknowledges having had access to these presents, having read them, having understood them and having accepted them without reservation, it being understood that any order from a product via our website implies consultation and express acceptance of the general conditions of sale. These general conditions of sale can be saved or printed by the customer.

 

The provisions which are not expressly derogated from remain applicable. Only derogations subject to an express written agreement can modify the application of these general conditions. It is agreed that the specific provisions expressly accepted take precedence over the general ones, in the event of discrepancy. Furthermore, it is expressly agreed that in the event of a conflict between the general terms and conditions of the customer and those of TerreHappy Céramique, only the latter shall prevail.

 

The seller reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

 

We hear by :

 

Buyer: any natural person who has reached the age of majority and has full legal capacity or, failing that, the legal representative of this person. In the latter case, the legal representative is required to comply with these general conditions.

Consumer: any natural person who acquires or uses for purposes excluding any professional or commercial nature of the products placed on the market.

 

2. Characteristics of the goods and services offered

 

The products and services offered are those listed in the catalog published on the seller's website, within the limits of available stocks.

 

Each product is accompanied by a description established by the seller.

 

The photographs in the catalog are provided for informational purposes only and have a faithful image but are not contractual insofar as they cannot ensure perfect similarity with the physical products.

 

 

3. Order

 

The buyer, who wishes to buy a product or service must:

  • Being older than 18

  • Fill in the identification form or give their customer number if they have one;

  • Complete the online order form giving all the references of the products or services chosen;

  • Validate his order after having checked it;

  • Acknowledge having read these general conditions and having accepted them;

  • Make the payment under the conditions provided;

  • Confirm your order and payment.

 

The sale is deemed perfect when the order is confirmed by the seller.

No shipment of goods will be made without order confirmation and receipt of full payment thereof.

 

Products and services are offered within the limits of available stocks. In case of unavailability of an article, the seller will inform the buyer by email as soon as possible.  This one will have the possibility to choose between waiting temporary) or cancel the order of unavailable items free of charge.

 

3. Duration

 

These conditions apply throughout the duration of the order, our services and the delivery of the goods as well as to all relations between the buyer and the seller.

 

 

4. Delivery - transport

 

Deliveries are made to the address indicated on the order form which can only be in the geographical area mentioned in article 8 of these general conditions. Delivery to a post office box or to an address marked "postal sector" will not be accepted.

 

In case of absence during delivery to the address provided by the buyer, the latter may contact the seller within 48 hours to agree on another delivery date._cc781905-5cde-3194-bb3b- 136bad5cf58d_ Failing this or if the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or to consider, after prior formal notice, the latter as being terminated automatically. right to the wrongs of the buyer.  In the latter case, the seller will retain an amount equivalent to 30% of the sale price as compensation.

 

In the event of sale to a consumer, the goods are transported at the risk of the seller until the delivery of the goods to the delivery address specified by the buyer.

 

In the event of sale to a professional, transport is at the buyer's risk.

 

Typical deadlines are:

  • 15 working days from receipt of payment depending on available stocks

 

In case of delay in delivery, and only in the context of a non-personalized order (item regularly in stock), the buyer may cancel his purchase without compensation, for either party, provided that he warns the seller by e-mail within 3 days following the notification of the delay in delivery by the seller. The buyer will then be reimbursed by bank transfer to his bank account for the total amount of his order including transport costs (if incurred when ordering) within 15 working days.  The parties will then be fully released from their respective obligations.

 

In all cases, the following circumstances release the seller from his obligations in terms of time:

1 - Cases of force majeure (including, in particular, technical incidents, supplier delays and labor shortages);

2 - If the terms of payment are not respected;

3 - If changes are decided by the customer after the order;

4 - If the customer does not provide us with the desired information within the specified period.


5. Prices

 

The prices of the products and services displayed on the site are indicated in euros, all taxes included (VAT and other applicable taxes).

 

The prices indicated do not include transport costs, these being the subject of a separate item when ordering.

 

The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in force at the time of confirmation thereof.

 

The seller reserves the right to pass on to its prices any changes in the VAT rate that occur before the date of delivery.

 

6. Terms of payment

 

Payment is made by credit card, Visa or Mastercard.

 

The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.

 

 

7. Geographic areas

 

We only deliver to the following countries: Belgium, France, Luxembourg and the Netherlands.

 

 

8. Right of withdrawal

 

In accordance with the law, the consumer has the right to notify the seller that he is renouncing his purchase, without penalty and without giving any reason, within 14 clear days from the day after the day of delivery of the goods or the conclusion of the service contract. Once his will has been expressed, he has a further 14 days to return the item. This right of cancellation does not belong to the professional buyer.

 

The consumer buyer can also complete the process 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 Code of Economic Law):

 

  • Supply of goods made to consumer specifications or clearly personalized;

  • Supply of goods liable to deteriorate or expire rapidly;

  • 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;

  • Supply of digital content not supplied on a material medium if the performance has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal

 

Within this period, the consumer must notify his decision to withdraw by means of an unambiguous declaration either by email to the following address:terrehappyceramic@gmail.comor by mail to the address of our head office as mentioned above. In the event of withdrawal, the seller will reimburse all payments received from the buyer, including the costs of delivery but not of return and this without undue delay.

 

Return costs are borne by the buyer and the goods travel at his risk.

 

We ask you if possible to return the property in its original packaging, accompanied by all its accessories, the user manual. The law provides that your liability may be incurred in the event of depreciation of the goods resulting from manipulations of the goods other than those necessary to establish the nature, characteristics and proper functioning of these goods.

 

The seller reserves the right to make only a partial refund if it turns out that the returned item has been damaged or is incomplete.

 

 

9. Legal guarantee

 

The buyer acting for private purposes benefits from the legal rights under the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods.

 

In accordance with article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within two months from the day on which the consumer noticed the defect.

 

For second-hand goods, the warranty period is one year from the date of delivery of the goods.

 

This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, dropping or shock, negligence and wear and tear, are not covered by the warranty. Similarly, repairs carried out by technicians not approved by our services will result in the cancellation of the guarantee.

 

The invoice or delivery note acts as a guarantee and must be kept by the consumer and produced in the original.

 

The professional buyer benefits from the manufacturer's warranty.

 

10. After-sales service

 

The TerreHappy Céramique After-Sales Service is responsible for carrying out repairs to wear and tear on your items, as well as repairs occurring as part of the implementation of TerreHappy Céramique.

 

To contact our After-Sales Service, we invite you to contact us preferably by electronic message terrehappyceramic@gmail.com .

 

Your article will be forwarded to our workshops who will make the appropriate decision:

*  In the event of a manufacturing defect observed and validated by our workshops, we will repair your item free of charge or replace it with a new item of equivalent value.

*  For used items, the repair will be chargeable. You will be offered an estimate if the damage observed is the result of your own fault or that of a third party.

*  Your item will not be repaired if it is excessively used. It will then be returned to you as is.

 

11. Refund

 

The refund will be made at the latest within 14 working days following the date of receipt of the goods subject to the request for withdrawal or following the date of receipt of proof of the return of the said goods. The refund will be made to the account through which the order was paid.

 

12. Responsibilities

 

The seller, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network and online payment such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

 

The data contained on the site are communicated in good faith. The links offered to the sites of manufacturers and/or partners are provided for information purposes and have no contractual value. The seller cannot be held responsible for information from these sites.

 

The buyer is responsible for the choice and use of the product delivered by the seller.  He certifies that he is 18 years old when ordering.  The seller declines all responsibility in the event of inaccuracy of the information communicated to him by the buyer.

 

13. Intellectual Property

 

All the elements of this site as well as its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos and any other element which appear there remain the exclusive intellectual property of the seller. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and with any means whatsoever - electronic, mechanical or otherwise - is strictly prohibited, except with the prior written authorization of TerreHappy Céramique. Any breach of this clause may result in civil, commercial and/or criminal prosecution.

 

 

14. Salvage clause

 

The invalidity, the non-applicability or the illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general conditions or other agreements), in no way entails the invalidity or nullity of the other provisions. to the contract. All clauses remain fully valid.

 

15. Disputes

 

Except for payment proceedings, the parties undertake to attempt to resolve by mediation or conciliation any dispute relating to the validity, interpretation or execution of this agreement.

This will begin no later than the 15th clear day following the request for mediation or conciliation notified by one of the parties to the other party. Unless expressly agreed otherwise by the parties, the duration of mediation or conciliation may not exceed 30 clear days. Once this period has passed, the parties will again be free to bring their dispute before the courts and tribunals.

 

The buyer acting for private purposes has the possibility, in the event of a dispute, of submitting a request to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the linkhttp://www.mediationconsommateur.be/fr.

 

We nevertheless reserve the right to submit any possible dispute exclusively to the courts. In the event of a dispute, the courts of the seller's registered office are competent, unless there are binding legal provisions to the contrary.

 

The applicable law is Belgian law, in French. The competent courts

 

The parties accept, within the framework of their relations, electronic means of proof.

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