GENERAL AND SPECIAL CONDITIONS OF SALE
PURPOSE
1. These general and specific conditions of sale govern all provisions relating to the sale of items presented on the website, by mail and/or otherwise or directly to the customer, as well as all purchase orders and/or similar, including orders by email, all invoices issued by BEL-ART S.A., its departments, names and/or services and/or written or verbal contracts. The general and specific conditions are permanently visible on our website articlesdebanneux.be. Sales, contracts, special or not, concluded verbally are identically subject to these general and special conditions.
2. Automatic recording systems are considered as proof of the nature, content and date of the order.
3. Without a prior waiver, written and signed by the manager of BEL-ART S.A. or his legal representative, any contrary condition included in the orders or on any writing, purchase orders or other means, is deemed unwritten and therefore void without it being necessary to contest it.
4. Any deviation from these provisions therefore formally requires prior written and signed agreement as mentioned above. Any order, reservation, written or verbal, implies full and irrevocable acceptance of these general conditions.
5. For reasons that BEL-ART S.A. does not have to justify, it may be refused to ship orders to certain regions or certain countries. In this case, the customer who has placed an order is informed and the amount he would have paid when ordering is refunded; without it being possible to claim any other payment or damages of any kind.
6. BEL-ART S.A. reserves the right to refuse or cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
7. BEL-ART S.A. reserves the absolute right without having to justify it, and without any waiver of possible prosecution. to prevent access to the site, to delete the account and to refuse any order to any person who is rude and/or insulting and/or threatening towards anyone via BEL-ART S.A.; whether verbally or in writing.
8. The information provided by the buyer when taking the order is binding on the buyer: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.
PRICES
1. The price applied is that in force at the time of the order and/or specifically determined by a contract or written agreement. The prices mentioned in commercial proposals and contracts are in euros (€), excluding taxes and shipping costs (excluding VAT).
2. Packaging and shipping costs are clearly indicated in the store when ordering.
3. Shipping costs are those charged by the carrier who works in partnership with the company BEL-ART S.A., depending on the content of the shipment. The transport price is calculated according to the weight, volume and destination of your order.
4. The packaging costs charged represent the cost of the actual packaging of the item or the box/bag/other packaging that we must use to complete the shipment.
5. Any taxes (such as customs fees for example) applied upon entry into a territory are always the responsibility of the customer.
6. Certain items and/or shipments containing several items, with a value equivalent to or greater than €500.00 may be sent, upon simple decision of BEL-ART S.A., with insurance. Insurance costs are the responsibility of the customer. BEL-ART S.A. may decide to send an insured value if this is deemed necessary due to the value of the item to be sent. These costs are the responsibility of the customer. When processing the order, the customer will be informed if additional charges are required.
7. Within the European Union, anyone who carries out, independently and in the exercise of an economic activity, supplies of goods or services in a habitual manner (repetitive and regular), is subject to VAT. However, it is appropriate to remain attentive to the particularities arising from the international nature of the contractual relationship established by an order. So for example, with regard to the sale by a Belgian of material goods we can consider the following situations:
1) Between Belgians B2B Business to Business: Belgian VAT is applicable
2) In Europe: the intra-community regime is applicable: if the buyer is subject to VAT and we have proof of delivery, there is no VAT. If the buyer is not subject to VAT:
- Belgian VAT is applicable in the event of collection on site
- the VAT of the country of destination is applicable in the event of sending or delivery by us.
3) Outside the European Union, the extra-community regime is applicable: no Belgian VAT if proof of export.
TERMS OF PAYMENT
1. Invoices are payable on the due date mentioned on the invoice.
2. By the simple act of ordering, the customer irrevocably accepts the general and special conditions.
3. Payment must be made by bank transfer with the banking information (IBAN + BIC) mentioned on the invoice.
4. Any invoice not paid by the due date de facto results in a supplement of 10% of the invoice amount with a minimum of €10.00 for administrative costs, notwithstanding all appeals and without any prejudicial recognition.
5. When a reimbursement is made by BEL-ART S.A. it will always be, without any possible exception, on the date by which the invoice was paid.
DELIVERY - TRANSPORT
1. War, riot, fire, strikes, special atmospheric circumstances (snow, etc.), accidents and the impossibility of being supplied in the event of stock shortage are considered as force majeure formally relieving the seller of his delivery obligation.
2. The goods are always transported at the risk of the recipient. Always check your package upon arrival. You have a period of 3 days for delivery in Belgium and 7 days for delivery in Europe, to make possible reservations with the carrier in the event of something missing or damaged.
3. Shipping costs are calculated at the actual price, without any margin for the benefit of BEL-ART S.A.. All shipments in Belgium and abroad are made by carrier or postal parcel (by normal or registered delivery).
4. Under penalty of inadmissibility, complaints relating to invoices must reach the head office of BEL-ART S.A., in writing (e-mail: info@articlesdebanneux.be or postal mail), with the exception of SMS which will never be accepted, within 8 days following the date of the order which is the same day as that on which the invoice is established by the online system and made available to the customer, and must very clearly mention all the data on the invoice concerned.
5. BEL-ART S.A. cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from improper operation or misuse of the products. The same applies to any modifications to products resulting from manufacturers.
6. The liability of BEL-ART S.A. will always be limited to the amount of the order, without shipping costs being included, and cannot be held responsible for simple errors or omissions which may have remained despite all the precautions taken in shipping the products.
RETURN
1. If there is a problem when you receive your package, contact us. No complaints can be accepted by telephone or other means than in writing by email (info@bel-art.net) or postal mail only and this at the latest within 3 days from receipt of the package. Otherwise, this complaint is no longer valid. If this clause is respected, it is the customer's responsibility to immediately return the damaged package to us with its original packaging. The costs of returning the package to our head office are always the responsibility of the customer. Any return of the item without the original packaging cannot under any circumstances be refunded or exchanged or replaced.
RESPONSIBILITY
1. The liability of BEL-ART S.A. is, in all cases, strictly limited towards the customer to the sum due for the item which presents a problem. BEL-ART S.A. cannot under any circumstances be held responsible for problems and circumstances beyond its control, including transport problems (post, plane, boat or other means), technical problems linked to the Internet or with regard to telephone and/or other networks which transmit or allow communications, nor relating to energy suppliers, access providers and/or servers through which communications/orders and other devices through which the customer passes, nor for any defects in the software and programs used or necessarily required.
2. The photos, images, reproductions, or other means(s) of representation of the articles displayed on the site are in no way contractual. No one can therefore claim to obtain an item strictly identical to that which is displayed/represented on the site.
HEAD OFFICE
BEL-ART S.A., registered with the BCE-TVA under number BE 0403,934,922, has its head office at Rue de l'Esplanade 49 in 4141 Banneux (Belgium); telephone 0032 (0)4 360 02 17. The change of registered office would not modify the general or specific conditions in any way.
CONTESTATION – DISPUTE
Belgian law is always applicable. In the event of a dispute, only the Courts of the Judicial District where the head office of BEL-ART S.A. is located have jurisdiction.
The customer cannot contest all or part of the general and special conditions or those forming part of a special contract to which he subscribes by the simple fact of reserving or ordering one of the items/services offered. Both parties formally and irrevocably agree to this designation of jurisdiction.
By ordering, the customer therefore accepts without any restriction and irrevocably, the present general and specific conditions of which he affirms to have read, to have understood them and to have fully accepted them.
