TERMS OF SALE
Definitions and scope
These general conditions form the contract binding the parties, namely With Us SA, located Meersstraat, 108C at 1742 Ternat, registered with the BCE under the number: 0452.959.910, hereinafter referred to as "the seller", and the customer on the other hand.
"The customer" is any natural or legal person who orders products from the seller.
“The consumer” is the natural person customer who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
These general conditions are accessible at any time on the seller's website, so that by placing an order with the seller, the customer confirms his acceptance of these general conditions. The seller reserves the right to modify these general conditions at any time without prior notification.
These changes will apply to all product orders placed thereafter.
The prices of the products are indicated in euros, all taxes included.
Delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, according to the mode and place of delivery as well as the number of products ordered.
To place an order, the customer fills his basket accessible on the seller's website, indicates his billing and delivery details after having completed his purchases and then pays for his order.
After having received confirmation of payment of the order by the banking institution, the customer will receive a summary of his order, including in particular the number of his order, the products ordered as well as their price, these general conditions or a link to those this, together with an indication of the probable delivery time.
The seller reserves the right to suspend or refuse the order, in particular in the event that the data communicated by the customer proves to be manifestly erroneous or incomplete.
The seller remains the owner of the products ordered until their complete payment.
Right to retract
The consumer who orders products from the seller has a period of 14 calendar days from the day of delivery of the products or notification of their availability at the planned collection point, to notify the seller that he waives the purchase, without penalties and without giving reasons.
The consumer can notify his wish to cancel the purchase by means of the withdrawal form posted on the seller's website or sent with the order form.
When this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The consumer must return the product(s) for the purchase of which he has renounced in perfect condition in his/their original packaging.
Only the direct cost of return will be the sole responsibility of the consumer.
The seller will return the amount paid as soon as possible and at the latest within 14 days from the reshipment.
The consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived the exercise of his right of withdrawal relating to this product. Similarly, the consumer may not exercise the right of withdrawal for the products referred to in Article 53 of Book VI of the Code of Economic Law.
The deadlines indicated by the seller are provided for information only and do not bind the seller. A delay in the delivery of the order can therefore in no case give rise to any compensation, damages, termination of the contract or suspension of the customer's obligations.
The order is delivered to the customer only after full payment. The transfer of ownership and the burden of risk takes place when the order is fully paid for. The customer is therefore informed of the fact that he alone bears the burden of the risks associated with the delivery.
The products 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 postponed delivery at the end of the stock shortage of the product(s) concerned.
Receiption of order
The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects at the planned collection point, with the products he has ordered.
Any complaints must be made in writing, within 14 days of delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.
If a complaint proves to be justified, the seller will have the choice between replacing or refunding the products concerned.
Legal guarantee for all customers
In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which reduce this use so much that the buyer would not have them. acquired or would have paid less if he had known them.
In the event 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 total refund, or keep against a partial refund.
The seller is not required to guarantee the products against visible defects, which the customer could or should have become aware of at the time of purchase.
Similarly, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he refrained from informing the customer.
Only the invoice, the receipt or the purchase order are valid as guarantee certificates for the buyer vis-à-vis the seller. These documents must be kept by the client and presented in their original version.
Additional legal guarantee for customers with consumer status
In accordance with article 1649 quater of the Civil Code, the buyer who has the quality of consumer also has a legal guarantee of two years for all the defects of conformity which existed during the delivery of the product and which appeared in two years from that date.
This warranty includes the repair or replacement of the defective product, at no cost to the consumer.
If, however, this repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or reimbursement may be offered to the consumer, subject to the return of the defective products by the latter.
In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of the possibilities of use of the product.
The consumer is required 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 noticed the defect, under penalty of forfeiture of his right to claim.
Only the invoice, the receipt or the purchase order are valid as guarantee certificates for the buyer vis-à-vis the seller. These documents must be kept by the client and presented in their original version. The warranty period begins on the date mentioned on these documents.
This warranty does not apply in the event that the failure results from misuse, external causes, poor maintenance, normal wear and tear phenomena or any use that does not comply with the manufacturer's instructions. or the seller.
In the event of damage, theft or loss of a product returned for repair, the seller's liability shall in any case be limited to the selling price of the product. The seller can in no way be held responsible for the loss or reproduction of data stored in or by electronic devices returned for repair.
The customer acknowledges and accepts that all the obligations for which the seller is indebted are exclusively means and that the seller is only responsible for his fraud and his gross negligence. In the event that the customer demonstrates the existence of gross or fraudulent fault on the part of the seller, the damage for which the customer may claim compensation includes only the material damage resulting directly from the fault attributed to the seller, excluding 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 delivered, such as, in particular, loss of profit, increase in overheads, loss of customers, etc.
The seller is also not responsible in the event of communication of erroneous data by the customer or in the event of an order placed in his name by a third party.
It is also the customer's responsibility to find out about any restrictions or customs duties imposed by his country concerning the products ordered. The seller cannot therefore 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.
The information, logos, designs, brands, models, slogans, graphic charters, etc., accessible through the seller's website or catalog are protected by intellectual property law. Unless expressly agreed otherwise in advance, the customer 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 website or the seller's catalog.
Internet & new technologies
The customer is aware of 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 is also aware of the risks of storing and transmitting information digitally or electronically. The customer accepts that the seller cannot be held responsible 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 also accepts that the electronic communications exchanged and the backups made by the seller may serve as proof.
Processing of personal data
As part of the ordering process, the customer who orders as a natural person must communicate personal data concerning him such as his name, first name, email address, telephone number and address. These data are used for order processing. They will only be transmitted to the seller's partners if the customer expressly agrees.
The seller treats the data collected confidentially and in accordance with national and international provisions, including among others the Belgian law of December 8, 1992, relating to the protection of privacy with regard to the processing of personal data, amended by the law of December 11, 1998.
The customer may, at any time, by written request dated and signed sent to the seller, and after having proved his identity (by attaching a copy of the identity card) obtain free written communication of the personal data concerning him which have been collected by the seller, as well as, if necessary, the rectification of those which are inaccurate, incomplete or irrelevant, or their deletion.
The copy of his data will be communicated to him no later than 45 days after receipt of his request.
Force majeure, fortuitous event and unforeseeability
The seller cannot be held liable, both contractually and extra-contractually, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous event. 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's computer system or its database when one or other of these events cannot 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) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller depends, 15) a fact or a decision of a third party when this decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller.
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 and honestly an adaptation of the contractual conditions within a reasonable time with a view to restoring the balance.
In the absence of agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.
The nullity of a provision of these conditions does not entail the nullity of the others.
Any dispute relating to the products delivered by the seller, as well as any dispute as to the validity, interpretation or execution of these general conditions will be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Brussels. .