Page translated by robot translator.
GENERAL TERMS AND CONDITIONS OF SALE(GTCS)
Date of last modification 17.04.2021
2 Definitions and scope of the General Terms and Conditions
3 Our contact details
4 Purpose and acceptance of these GTC
5 Your obligations
6 Description of the Goods
7 Ordering process
8 Validity and proof of order
9 Offer and Price
11 Right of withdrawal
12 Our liability
13 Payment Security, Contract Archiving and Data Protection
15 Intellectual Property Rights
16 Final provisions
The specific conditions of each sale (items purchased, prices, terms and conditions, etc.), these general terms and conditions of sale and the general terms and conditions of use of the Site constitute the entire contractual framework applicable to any sale that takes place on the Site (see definitions below). It cancels and replaces any other previous communication.
It is important to read, understand and accept each of the following terms, because any sale that takes place on the Site is subject to the application of this contractual framework, and in particular of these general terms of sale. If You do not agree with the terms of the present, You are free not to place an order on the Site.
ONLY THE FRENCH VERSION OF THESE GTCS IS APPLICABLE BETWEEN THE CONTRACTING PARTIES. The Dutch, English and German translations are offered for information purposes only, they have been performed by a robot translator and are therefore not binding. In case of differences or inconsistencies between the versions, the French version shall prevail.
This preamble is an integral part of the general terms and conditions of sale.
2 DEFINITIONS AND SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
In these general terms and conditions of sale, the following terms shall mean
Goods: Any good(s) that We offer for sale on the Site.
GTCS: these General Terms and Conditions of Sale.
We: the legal entity offering the Goods for sale on the Site, whose details are set out in clause 3 of these GTCS (also referred to as "Our", "Us", etc.).
Contracting Parties: the parties who agree to be bound by these GTCS, namely You and Us.
Site: the website of Our online shop accessible at the following address:
Durable medium: any instrument that allows You and Us to store information addressed to You personally so that You can refer to it later for a period of time appropriate to the purpose for which the information is intended and that allows the unchanged reproduction of the stored information.
You: the person who accesses, uses and/or orders Goods from the Site (also referred to as "Your", "Yours", etc.).
2.2 Scope of application
Material scope of application
These GTCS define the respective obligations of the Contracting Parties to the sale of Goods on the Site, in accordance with the ordering process defined in Article 7 hereof.
These GTCS do not govern any orders placed by a person by telephone, fax, post or e-mail.
Geographical scope of application
These GTCS shall only apply to orders to the following delivery countries: Belgium, France, Germany, the Grand Duchy of Luxembourg and the Netherlands.
These GTCS do not apply to orders to other delivery countries. Outside of the countries listed above, contact by e-mail will be necessary in order to assess the feasibility of the shipment and to calculate the transport and delivery costs. We will communicate to You the contractual conditions governing the sale which will then, if necessary, be completed before You are bound by the order.
3 OUR CONTACT DETAILS
Asbl Museum Promotion
Parc du Cinquantenaire, 3
Registered with the Crossroads Bank of Enterprises under number 0463.050.185
Clients can contact us
- by e-mail at the address firstname.lastname@example.org
- via the tab entitled
4 PURPOSE AND ACCEPTANCE OF THESE GTCS
The purpose of these GTCS is to define the contractual relationship between You and Us and the conditions applicable to any order placed by You via the Site.
The acquisition of a Good through the Site implies an unconditional acceptance by You of these GTCS.
By using the Site and by clicking on the corresponding box when placing the order, You acknowledge having read and accepted these GTCS and waive the right to invoke different contractual conditions of purchase.
5 YOUR COMMITMENTS
You declare that You are legally capable and at least 18 years old on the day the order is placed.
Within the framework of the present GTCS, You are acting for personal purposes, to the exclusion of all purposes that fall within the framework of Your commercial, industrial, craft, liberal or agricultural activity. In this respect, You are acting as a consumer within the meaning of the Belgian Code of Economic Law.
You undertake to provide information, in accordance with these GTCS, that is accurate, precise and up-to-date.
You are the holder of the bank card with which the payment corresponding to the order of the Good(s) on the Site will be made, placed in accordance with the ordering process provided for in Article 7 hereof, or confirm that you have the holder's authorisation in good and due form.
6 DESCRIPTION OF THE GOODS
The Goods offered are those listed in the catalogue published on the Site.
Each Good is accompanied by a description.
We make every effort to ensure that the information describing the Goods is as accurate and precise as possible. However, it is not possible to guarantee the accuracy of this data, particularly with regard to the size of the Goods, their weight, exact dimensions and measurements, instructions for use, composition, etc.
The photographs of the Goods in the catalogue are as accurate as possible, but cannot guarantee a perfect similarity with the Goods offered for sale, particularly with regard to colours. The images that appear on the Site are not contractual and are intended solely to illustrate the Site. The Goods may therefore differ from the images.
The Goods are offered for sale within the limits of available stocks. This stock is indicated on the Site.
7 ORDERING PROCESS
7.1 Placing an order
Any order placed on the Site follows different steps: each step is successively completed by the "click" of a confirmation icon.
The ordering process follows a logical and transparent path that You can perceive thanks to an adequate layout and graphics.
When You click on an icon whose wording or presentation generates a commitment that any average Internet user would understand, You are bound by Your click. This is for example the case of the icons entitled "Validation", "Payment" or any other similar title.
The ordering process allows for the correction of errors, as well as the identification of the languages in which the contract can be concluded when several languages are available.
The ordering process makes it easy to understand which payment methods are accepted, which delivery methods are offered and the costs involved.
7.2 Our validation of the order
We reserve the right not to validate the order in the following cases, without this list being exhaustive
→ In case of Goods not available in stock.
We only offer for sale on the Site Goods that are available in stock. Our offers and prices are valid as long as they are visible on the Site. However, if You order a Good that, for whatever reason, is no longer available in stock, We will inform You of this and offer You the possibility of choosing between
(i) if possible, postpone Your order while awaiting the replenishment of stock for the desired Good or
(ii) cancel the order of the unavailable item at no cost;
→ In case of refusal to validate the payment by the issuer of the payment card You used, or in case of fraud or reasonable suspicion of fraud;
→ In the event of a large volume order of the same Good by You and/or to the same delivery address.
In such a case, the sums paid by You, if any, will be fully refunded to You and the sales contract as well as all the obligations arising from it will be cancelled.
7.3 Sending a confirmation e-mail
We are bound by the order You have placed from the moment We send You an e-mail confirming Our acceptance to process the order. The contract of sale shall be deemed to be concluded on the date of dispatch of this confirmation e-mail.
This e-mail will contain the details of the order.
You undertake to keep a copy of this confirmation e-mail, as well as a copy of these GTCS, either by printing them out or by keeping them on a durable medium.
7.4 The invoice
You agree to receive the invoice corresponding to Your order in an electronic version.
8 VALIDITY AND PROOF OF THE ORDER
Notwithstanding any other written evidence or any evidence kept on another durable medium to which You may have access, it is agreed that Our computerized records, kept in Our computerized systems or Our host, will be valid as proof of communications, of the content of orders, of their date and of payments made between the contracting Parties.
9 OFFERS AND PRICES
The offers of Goods and prices are indicated in Euros. They are only valid on the date the order is placed. The prices applicable to the order are those in force at the time of confirmation of the order. Only the price displayed on the Site shall be deemed authentic between the Contracting Parties.
Offers and prices may be modified at any time without notice.
The prices proposed at the end of the ordering process indicate the overall prices including all taxes, as well as delivery costs and other possible costs.
Notwithstanding the above paragraphs, due to the large amount of data on the Site, it is possible that some of the data may be inaccurate, and if the price indicated is obviously wrong, You may not require to conclude the sale at this wrong price.
10.1 Delivery times
As soon as the order confirmation e-mail is sent, in accordance with Article 7.3 of these GTCS, We undertake to deliver the Goods ordered to the delivery address indicated during the ordering process.
Details of delivery (name of carrier, rates and delivery times) are available in the "Customer service / The delivery" section of the Site.
The delivery times mentioned on the Site are given as an indication. They correspond to the usual average processing and delivery times.
If the delivery exceeds thirty (30) days from the validation of the order, for any reason whatsoever, We will inform You without delay. You may then instruct Us, by registered letter with acknowledgement of receipt or by a written document on another durable medium, to carry out the delivery within a reasonable additional period. If We fail to comply with this injunction, You may terminate the sales contract by registered letter with acknowledgement of receipt or by a written document on another durable medium.
In such a case, We shall be obliged to reimburse You for all sums paid, without undue delay, following the date on which the contract was terminated.
You may not claim any damages whatsoever for the cancellation of an order following the absence of delivery within the period provided for in this article.
10.2 Risk of delivery of the Goods
All risk of loss or damage to the Goods ordered on the Site is transferred to You as soon as You receive the Goods, i.e. as soon as You, or a third party that You have designated other than the carrier, takes physical possession of the Goods.
By way of derogation, the risk is transferred to You upon delivery of the Goods to the carrier when You choose a carrier that We have not proposed to make the delivery.
11 RIGHT OF WITHDRAWAL
11.1 You have the right to withdraw from Your order. You have a period of fourteen (14) calendar days to exercise Your right of withdrawal from the date of receipt of the Goods ordered in accordance with Article 10.2 hereof.
By exception, You acknowledge that You do not have any right of withdrawal, in particular, in the case of the order of:
(i) goods made to Your specifications or clearly personalized,
(ii) goods that, due to their nature, are likely to deteriorate or expire rapidly,
(iii) sealed goods that cannot be returned for reasons of health protection or hygiene, and which You have unsealed after delivery,
(iv) newspapers, periodicals or magazines, or
(v) goods that fall within any other exception to the right of withdrawal that is recognised by law.
To exercise Your right of withdrawal, You must send Us, within the period indicated above, the withdrawal form [to be found at the bottom of the page] or any other unambiguous statement expressing Your wish to withdraw to the following address email@example.com
In order for the withdrawal period to be respected, it is sufficient for You to send Us Your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
11.2 You undertake to return the Goods to Us at the address indicated in Article 3 hereof, without delay or at the latest within fourteen (14) calendar days following the communication of Your desire to withdraw. This period is deemed to have been respected if You have returned the Goods before the expiry of the fourteen (14) calendar day period.
You must bear the direct costs and risks of returning the Goods. It is recommended that the return be made by a solution that allows the tracking of the package.
11.3 In the event of Your withdrawal from Your order, We will refund all payments You have made to Us, including delivery charges (with the exception of additional charges arising from the fact that You have chosen, where applicable, a method of delivery other than the cheapest standard method of delivery offered by Us) without undue delay and, in any event, no later than fourteen (14) calendar days from the day on which We are informed of Your decision to withdraw. We will make the refund using the same method of payment as You used for the original transaction, unless We expressly agree with You on a different method; in any case, this refund will not incur any costs for You.
We may defer the refund until We have received the Goods or You have provided us with proof of dispatch of the Goods, whichever is the earlier.
11.4 You may, however, be liable for any depreciation of the Goods other than that necessary to establish the nature, characteristics or proper use of the Goods. It is expressly agreed between the Contracting Parties that the fact of having modified the Goods, of having damaged or soiled them or of having returned them incomplete, is always considered as a depreciation other than that necessary to establish the nature, the characteristics or the good use of the Goods.
12 OUR LIABILITY
You are informed that Our liability, whatever the nature of the loss, will in any event be limited to the amount of the order, excluding delivery charges and VAT.
We reserve the right to refuse an order, without Our liability being incurred in this respect, for example, but without this list being exhaustive, due to the communication of obviously erroneous data, non-payment or refusal of authorisation by Your financial institution, or orders involving an abnormally high number of Goods.
We shall not be liable if the non-performance of these GTCS, or its poor performance, is attributable to You, or to the unforeseeable and insurmountable act of a third party, or, finally, is attributable to a case of force majeure.
13 SECURE PAYMENT, ARCHIVING OF THE CONTRACT AND DATA PROTECTION
13.1 The Site is secured by a 128-bit SSL (Secure Sockets Layers) certificate.
13.2 Payment made on the Website is subject to a security system.
13.3 We archive the contracts corresponding to orders placed on the Site.
You can access the archived contracts for which You are a contracting party by making a request
- by e-mail to the e-mail address firstname.lastname@example.org
- or by post to the address
Parc du Cinquantenaire, 3
provided that the contract concerned is clearly identified.
The said archived contracts are in no way made available to third parties, unless required by law.
All Products purchased on the Site benefit from legal guarantees.
You may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Belgian Civil Code and, in this case, You may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Belgian Civil Code.
When You act in accordance with the legal guarantee of conformity under the conditions of articles 1649bis et seq. of the Belgian Civil Code, You:
-have a period of two (2) years from the delivery of the Goods to act;
-may choose between repair or replacement of the Goods, subject to the cost conditions provided for in Article 1649quinquies of the Belgian Civil Code;
-are exempted from proving the existence of the lack of conformity of the Goods during the six (6) months following the delivery of the Goods.
The legal guarantees apply independently of any commercial guarantee that may have been granted.
15 INTELLECTUAL RIGHTS
16 FINAL PROVISIONS
16.1 Changes to these GTCS
We may amend these GTCS at any time to reflect changes to the Site, changes in legislation or for any other legitimate reason.
16.2 Evidence Agreement
We may exchange information with You in relation to the Site by electronic means. Any electronic communication between You and Us is presumed to have the same evidential value as a written paper document.
A printed version of these GTCS and any disclaimer issued in electronic form shall be accepted in any legal or administrative proceedings relating to this contractual relationship, to the same extent and subject to the same conditions as other business documents and records created and maintained in printed form.
Should any provision of these GTCS be declared void, invalid, illegal or unenforceable under applicable law, in whole or in part, this shall not affect the validity of the remaining provisions, except in the event of the invalidity of an essential provision or the interdependence of contractual provisions. The invalid, void, illegal or unenforceable clause will be replaced retroactively by a valid and enforceable clause which is as close as possible to the original clause. The replacement of the invalidated clause shall comply with the conditions for amendments to these GTCS as specified in the article "Amendment of these GTCS".
16.4 Force majeure and liability of the Contracting Parties
Notwithstanding any provision to the contrary, no Contracting Party shall be held liable for any delay in the performance or non-performance of its obligations resulting from events of force majeure (such as strike, war, earthquake, cataclysm of any kind, pandemic, direct or indirect effects of explosion, fire, heat release, flooding and any other external, unforeseeable and irresistible event of force majeure).
Nothing in these GTCS shall have the purpose or effect of limiting or excluding the liability of either of the Contracting Parties in the event of fraud, death or personal injury resulting from non-compliance with the GTCS, or insofar as such exclusion or limitation is prohibited by law.
These GTCS shall not be deemed to be a partnership, joint venture or other association between You and Us and neither party to these GTCS shall be deemed to be the agent or employee of the other.
Any communication or notice given by Us to You will be effective if sent to the email address given by You, even if that email address is no longer valid.
16.7 Complaints and Alternative Dispute Resolution
You may contact Us for any complaint concerning any order you may have placed on the Site or the present GTCS
at the following e-mail address: email@example.com
or at the following postal address
Parc du Cinquantenaire, 3
In the event of a dispute concerning the Site or these GTCS, please contact Us as a matter of priority before taking any other steps so that We can, as far as possible, find an amicable solution with You.
In the event that an amicable solution cannot be found without recourse to a third party, You may contact any existing mediation service that is competent to hear a consumer dispute with Us. You may also contact the European Online Dispute Resolution Platform accessible at the following link:
16.8 Applicable law and competent courts
These GTCS are governed and interpreted in accordance with Belgian law.
Any dispute relating to an order placed on the Site and, in general, to the validity, interpretation, execution or non-execution of these GTCS shall fall under the exclusive jurisdiction of the French-speaking Courts of Brussels, for all types of proceedings.
The choice of the applicable Belgian law and the competent Brussels courts, as stipulated, is without prejudice to the application of the mandatory consumer provisions of the law of the Member State of the European Union in which You reside if they are more protective of You than the Belgian provisions, or to the jurisdiction of another court that would be designated by the applicable national law or European Union law.
(Please copy, complete and return this form only if you wish to withdraw from the contract). This form can be sent by e-mail. Please do not forget to send the object back as well.
For the attention of Museum Promotion asbl, 3 Parc du Cinquantenaire B-1000, Brussels Belgium
I/we (*) hereby notify you (*) of my/our (*) withdrawal, in accordance with article 53 of book VI of the Code of Economic Law, from the contract for the sale of the following goods:
Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of the Customer(s) :
Please accept, Madam, Sir, my sincere greetings.
Signature of Customer(s) (only if this form is notified on paper) :
(*) Delete as appropriate.