NOTE: this translation is proposed as a courtesy, the French version being the original one, which prevails over its translations.
Definitions and scope of application
The general terms and conditions for the sale of products and the provision of services, hereafter referred to as “the terms and conditions”, are applicable to all orders placed with Les Décovores, whose registered office is located at Rue du Doyenné, 108/5, 1180 Uccle, registered with the Banque Carrefour des Entreprises under the number BE 0760 482 275, hereafter referred to as “the service provider” or “the seller”.
These general terms and conditions form the contract between the seller/provider and the client. The seller/provider and the client are hereafter jointly referred to as “the parties”.
The “client” is any natural or legal person who orders products and/or services from the seller/provider.
The “consumer” is the client, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
The present general conditions are the only ones applicable. In any event, they exclude any general or special conditions of the client that the seller/provider has not expressly accepted in writing.
The general terms and conditions are freely accessible at any time on the website of the seller/contractor: www.lesdecovores.be , so that by placing an order with the seller/contractor, the client declares that he/she has taken note of these general terms and conditions and confirms his/her acceptance of the rights and obligations relating to them.
The seller/provider reserves the right to modify these general conditions at any time and without prior notice, subject to the posting of such modifications on its website. These changes will apply to all subsequent orders for product(s) and/or service(s).
Offer and orders
To place an order, the client chooses the product(s) and/or service(s) he wishes to order and informs the seller/provider of this by telephone, post, e-mail or by means of an online form.
The seller/provider will send the client an order form for these products and/or services and may request payment of a deposit. The order form contains a statement reminding the client of the application of these general conditions and the existence of the right of withdrawal for consumers.
It is the client’s responsibility to check the accuracy of the order and to report any errors to the seller/provider immediately.
The client must then accept and return the signed order form to the seller/provider in order to confirm the order.
The seller/provider reserves the right to suspend, cancel or refuse a client’s order, in particular in the event that the data communicated by the client proves to be manifestly erroneous or incomplete or if there is a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the client after its acceptance by the seller/provider, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order shall be acquired by the seller/provider and invoiced to the client as damages.
Invoices are payable in the currency of the invoice at the registered office of the seller/contractor within 30 days of the invoice date.
Any complaint relating to an invoice must be submitted in writing by registered mail to the registered office of the seller/contractor within eight calendar days of receipt. If this is not done, the client will no longer be able to dispute the invoice.
Any invoice not paid on the due date shall automatically and without notice of default give rise to late payment interest of 8% per annum for private individuals. For traders, the interest provided for by the law of 2 August 2002 concerning the fight against late payment in commercial transactions will apply.
Any invoice not paid on the due date will, in addition, be increased by right and without notice of default, by a fixed compensation of 15% of the total amount due by way of damages.
The price of the products and/or services is indicated in euros, all taxes included.
Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of delivery and/or performance will automatically be charged to the client.
Any delivery costs are not included in the stated price, but are calculated separately during the ordering process, depending on the method and location of delivery and the number of products ordered.
Unless otherwise agreed in writing and expressly accepted by the seller/contractor, the delivery and/or performance deadlines mentioned in the special conditions shall not be binding. The seller/contractor may only be held liable if the delay is significant and if it is attributable to gross negligence.
The client may not invoke the delivery and/or performance deadlines to demand rescission of the contract, claim damages or assert any other claims, unless otherwise agreed in writing and expressly accepted by the seller/contractor.
In the event of a delay exceeding 30 working days, the client shall send a formal notice of default by registered mail to the seller/contractor, who shall then be entitled to 50% of the prescribed time to deliver the ordered product(s) and/or perform the ordered services.
Reservation of ownership
The seller is the owner of the ordered products until full payment is received.
The ownership of the products is transferred to the client only after the collection or delivery of the articles and after the full payment of the order. In derogation of article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, the client is forbidden to pledge the articles, to offer them, or to use them as a guarantee in any way whatsoever. The customer is expressly forbidden to modify the articles, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
As long as the seller has property rights to the delivered goods, in accordance with the provisions of this article, the client shall remain responsible for maintaining the products in good condition. During this period, the client alone shall be liable for any loss or damage to the products. If necessary, the client undertakes to insure the products against all risks. The client also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognised as the property of the seller.
Right of withdrawal
In accordance with Article VI.47 of the Code de Droit Economique, the consumer who orders products and/or services from the seller/supplier at a distance 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/she is withdrawing from the purchase, without penalty and without giving any reason.
In the case of services, the 14 calendar day period shall begin to run from the day of conclusion of the contract, i.e. the day on which the consumer receives the summary of his order, in particular by e-mail.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The consumer may notify his wish to withdraw from the purchase by means of the withdrawal form posted on the website of the seller/supplier, by means of the form sent with the order form or available on the website of the SPF économie, PME, classes moyennes et énergie: https://economie.fgov.be/fr, or by means of an unambiguous statement setting out his decision to withdraw from the contract.
The consumer must return the product(s) he/she has withdrawn from in perfect condition in its/their original packaging.
Only the direct costs of returning the product(s) shall be borne exclusively by the client.
The seller/contractor shall refund the amount paid as soon as possible and at the latest within 14 days of the return of the products.
The consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his right of withdrawal in respect of that product.
A consumer who expressly agrees that the ordered service shall be performed before the expiry of the 14-day period and acknowledges that such performance will cause him to lose his right of withdrawal, may no longer exercise his right of withdrawal, in accordance with Article 53 of Book VI of the Code de droit économique.
Similarly, the consumer shall not be entitled to exercise the right of withdrawal if he is in the case of one of the other exceptions referred to in Article 53 of Book VI of the Code de droit économique, in particular in the case of the supply of goods made to the specifications of the consumer or clearly personalised.
Cancellation of the order
The client who does not meet the conditions for benefiting from the right of withdrawal described in the previous article of these conditions and who wishes to cancel his order shall inform the seller/provider, who will indicate the steps to be taken.
Any deposit paid by the client to the seller/provider will not be refunded. If no deposit has been paid, the seller/provider will be liable to claim from the client a cancellation indemnity equivalent to 30% of the price of the products and/or services in the order cancelled by the client.
Delivery and/or execution of the order
The delivery and/or execution deadlines indicated by the seller/supplier are provided for information purposes only and are not binding on the seller/supplier. A delay in the delivery and/or execution of the order shall therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the client’s obligations, or payment of damages.
The order is delivered to the client or is executed only after full payment. The transfer of ownership and risk takes place at the moment the order is fully paid. The client is therefore advised that he alone bears the risk of delivery.
The products offered for sale by the seller are subject to availability.
In case of unavailability of one or more products after the payment of the order, the seller undertakes to inform the client as soon as possible and to give him the choice between a refund, a modification of his order or a delivery postponed to the end of their out-of-stock condition of the product(s) concerned.
Receipt of the order and complaints
The client is obliged to check the apparent good condition as well as the conformity of the products that are delivered to him or that he picks up at the planned pick-up point with the products that he has ordered.
Any complaints must be made in writing within eight days of delivery of the order or notification of its availability at the designated collection point. Otherwise, they can only be taken into account and the client will be deemed to have definitively received the order.
Any complaints relating to the services provided by the service provider must be made in writing within eight days of the occurrence of the event giving rise to the complaint. Otherwise, they cannot be taken into account.
If a complaint proves to be well-founded, the seller/provider will have the choice between replacing or refunding the price of the products and/or services concerned.
The information, logo, drawings, brand, model, slogan, graphic charter, etc., accessible through the website or catalogue of the seller/provider are protected by intellectual property law.
Unless expressly agreed otherwise in advance, the client is not authorised 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 catalogue of the seller/contractor.
Unless expressly agreed otherwise, the agreed price therefore does not include any session of intellectual and/or industrial property rights on any grounds whatsoever.
Legal guarantee for all clients
In accordance with articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which diminish this use so much that the client would not have acquired them or would only have given a lesser price if he had known about them.
In the event that a hidden defect is found, the client shall act promptly in accordance with Article 1648 of the Civil Code and shall have the choice of returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
The seller is not obliged to guarantee the products against apparent defects of which the client could or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee the products against hidden defects of which he was aware at the time of the sale and of which he failed to warn the client.
Only the invoice, the receipt or the purchase voucher are valid as a guarantee certificate for the client vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.
Additional legal guarantee for clients who are consumers
In accordance with Article 1649quater of the Civil Code, the client who is a consumer also has a legal guarantee of two years for all defects of conformity that exist at the time of delivery of the product and that have appeared within a period of two years from the delivery.
This guarantee includes the repair or replacement of the defective product, free of charge for the consumer.
If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, the consumer may be offered an appropriate reduction or refund. The seller and the customer may only agree on a refund if the customer returns the defective products.
In the event that specific spare parts or accessories required for the repair of the product are no longer available from the manufacturer, the seller shall not be liable for the loss of use of the product.
The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he noticed the defect, on pain of expiry of his right to complain.
Only the invoice, the receipt or the purchase voucher shall be valid as a guarantee certificate for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This guarantee does not apply if the failure is due to misuse, external causes, poor maintenance, normal phenomena or any use that does not comply with the manufacturer’s or seller’s instructions.
In the event of damage, theft or loss of a product delivered for repair, the seller’s liability shall in any event be limited to the purchase price of the products.
The seller shall in no case be liable for the loss or reproduction of data stored in or by the electronic devices handed over for repair.
Guarantee for the services provided
The service provider undertakes to perform the services in a professional manner.
The client benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of anomalies detected during this period, the service provider shall ensure that they are corrected free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.
The guarantee of conformity expressly excludes services requested as a result of unauthorised intervention or modification, a handling error or improper use by the client, or as a result of a fault caused by the intervention of the client or a third party.
The service provider declares that the results of the services that are protected by intellectual property law constitute original creations. In the event that he has called upon external parties to carry out all or part of the services, he declares that he has obtained all the rights and authorisations necessary to carry out his services.
Consequently, the service provider guarantees the client against any action, claim, allegation, demand or opposition from any person inventing an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.
General information. The client acknowledges and accepts that all obligations owed by the seller/contractor are exclusively those of means and that the seller/contractor is only liable for fraud and gross negligence.
In the event that the client demonstrates the existence of gross negligence or fraud on the part of the seller/supplier, the loss for which the customer may claim compensation shall only include material damage resulting directly from the fault attributed to the seller/supplier, to the exclusion of 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 client also acknowledges that the seller/contractor is not liable for any direct or indirect damage caused by the products delivered or the service provided, such as loss of profit, increased overheads, loss of customers, etc.
The seller/supplier is likewise not liable in the event of the client providing incorrect information or in the event of an order being placed in his name by a third party.
Finally, it is the client’s responsibility to find out about any restrictions on customs duties imposed by their country on the products ordered. The seller cannot 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.
Materials. If the client imposes on the seller a process or materials of a certain quality, origin or type, despite the seller’s written and reasoned reservations, the seller shall be relieved of all liability for defects caused by the choice of said process or materials.
Internet and new technologies
The client acknowledges the restrictions and risks associated with the use of the Internet or any other means by which the website is currently or in the future made available. The customer also acknowledges the risks of storing and transmitting information by digital or electronic means.
The client accepts that the seller/contractor cannot be held liable for any damage caused by the use of the website (and any applications) of the seller/contractor or the Internet as a result of the aforementioned risks.
The client further agrees that the electronic communications exchanged and the backups made by the seller/contractor may be used as evidence.
Force majeure or fortuitous event. The seller/supplier cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or unforeseen circumstances.
The following events will be considered as force majeure or fortuitous events:
- The total or partial loss or destruction of the seller’s/contractor’s computer system or its database where any of these events cannot reasonably be directly attributed to the seller/contractor and where it is not demonstrated that any of these events occurred,
- Acts of war or terrorism,
- Strikes, whether declared or not,
- Insurrection and riots,
- Stoppages in the supply of energy (such as electricity)
- Internet or data storage system failure,
- Failure of the telecommunications network,
- Loss of connectivity to the Internet or telecommunication network on which the seller/provider depends,
- The fact or decision of a third party where this decision affects the proper performance of this contract
- Any other cause beyond the reasonable control of the seller/provider.
Unforeseeability. If, due to circumstances beyond the control of the Seller/Contractor, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the Seller/Contractor and the client undertake to negotiate in good faith and in good faith an adjustment of the contractual terms and conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of the contract. In the event of the insolvency of the client or in the event of unpaid debts, even in the context of previous contracts between the client and the seller/contractor, the latter is entitled to suspend the performance of its obligations until the client has fully repaid any unpaid debts due to the seller/contractor.
In the event of non-performance of its obligations by the client, the seller/contractor may terminate the contract to the exclusive detriment of the client without delay or compensation and, where appropriate, may claim damages from the customer by any legal means.
Illegality. The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these general terms and conditions, nor the remainder of such article, paragraph or provisions, unless the contrary intention is evident from the text.
Headings. The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they identify.
No Waiver. No failure, neglect or delay by any party to exercise any right or remedy under these Terms and Conditions shall be construed as a waiver of such right or remedy.
Applicable law and jurisdiction
The present general conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or breach of these general terms and conditions, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties define between themselves, with the help of the mediator, the modalities for the organisation of the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If the mediation fails, only the courts of the judicial district of Brussels shall have jurisdiction.