Purchase Terms and Conditions
Definitions and Scope of Application
The general terms and conditions of sale of products, hereinafter referred to as "the general terms and conditions," apply to all orders placed with Honnay Anne-Claude, domiciled at Rue de Haid 38B, 5590 Haversin, hereinafter referred to as "the seller."
These general terms and conditions form the contract binding the seller and the client. The seller and the client are hereinafter collectively referred to as "the parties."
The "client" refers to any natural or legal person who orders products from the seller.
The "consumer" is the client, a natural person, who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity.
These general terms and conditions are the only applicable ones. In all cases, they exclude any general or special conditions of the client that the seller has not expressly accepted in writing.
The general terms and conditions are freely accessible at all times on the seller’s website: "www.delordanslesmains.be", so that by placing an order, the client declares having read these general terms and conditions and confirms their acceptance of the rights and obligations therein.
The seller reserves the right to modify these general terms and conditions at any time without prior notice, provided that such modifications appear on its website. These modifications will apply to all subsequent product orders.
Offer and Order
To place an order, the client selects the product(s) they wish to order and informs the seller by telephone, mail, email, or via an online form.
The seller sends the client an order form relating to these products and may request a deposit payment. The order form includes a mention reminding the client of the application of these general terms and conditions and the existence of the right of withdrawal for consumers.
It is the client’s responsibility to verify the accuracy of the order and immediately report any errors to the seller.
The client must then accept and return the signed order form to the seller to confirm the order.
The seller reserves the right to suspend, cancel, or refuse a client's order, particularly if the information provided by the client is manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.
In case of order cancellation by the client after acceptance by the seller, for any reason other than force majeure, an amount equivalent to 30% of the order price will be retained by the seller and invoiced to the client as damages.
Payment
Invoices are payable in the invoicing currency at the seller’s registered office no later than thirty days after the invoice date.
Any claim regarding an invoice must be submitted in writing and by registered mail to the seller’s registered office within eight calendar days of receipt. Otherwise, the client can no longer contest the invoice.
Any unpaid invoice at its due date will automatically and without notice incur a late payment interest of 8% per year for individuals. For merchants, the interest provided by the law of August 2, 2002, concerning late payment in commercial transactions will apply.
Furthermore, any unpaid invoice at its due date will automatically and without notice be increased by a lump sum compensation of 15% of the total amount due as damages.
Prices
The price of the products 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 will automatically be charged to the client.
Delivery costs are not included in the indicated price but are calculated separately during the ordering process, depending on the delivery method, location, and the number of products ordered.
Delivery Times
Unless otherwise expressly agreed in writing by the seller, the delivery times mentioned in the special conditions are not binding deadlines. The seller's liability can only be incurred if the delay is significant and due to their gross negligence.
The client may not invoke delivery times to request contract termination, claim damages, or assert any other claim, except as otherwise expressly agreed in writing by the seller.
In the event of a delay exceeding thirty business days, the client must send a formal notice by registered mail to the seller, who will then have 50% of the prescribed time to deliver the ordered product(s).
Retention of Ownership
The seller retains ownership of the ordered products until full payment is received.
The right of ownership of the products is transferred to the client only after the withdrawal or delivery of the items and after full payment of the order. By derogation from Article 1583 of the Civil Code, the sold, delivered, or installed items remain the exclusive property of the seller until full settlement of the invoice.
As long as the payment of the sale price has not been made, the client is prohibited from pledging the items, offering them, or using them as a guarantee in any way. It is expressly forbidden for the client to modify these items, incorporate them into real estate, sell them, or dispose of them in any way.
As long as the seller retains ownership rights over the delivered goods, as stipulated in this article, the client remains responsible for maintaining these products in good condition. During this period, only the client can be held responsible for any loss or damage to the products. If necessary, the client undertakes to insure the products against all risks. The client also agrees to store the products in such a way that they cannot be confused with other products and can always be recognized as the seller's property.
Right of Withdrawal
In accordance with Article VI.47 of the Economic Law Code, the consumer who orders products remotely from the seller has a period of 14 calendar days from the delivery of the products or notification of their availability at the designated pickup point to notify the seller of their withdrawal from the purchase without penalties and without stating any reasons.
If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.
The consumer may notify their intention to withdraw from the purchase using the withdrawal form available on the seller's website, the form provided with the order confirmation, or available on the website of the Federal Public Service Economy, SMEs, Self-Employed and Energy: economie.fgov.be, or by any unambiguous declaration stating their decision to withdraw from the contract.
The consumer must return the product(s) they renounce in perfect condition in their original packaging.
Only the direct return costs will be borne by the consumer. The seller will refund the amount paid as soon as possible and no later than 14 days from the return of the products.
If the consumer opens or uses a product before the withdrawal period expires, they are deemed to have waived their right of withdrawal for that product.
Similarly, the consumer cannot exercise the right of withdrawal if they fall under one of the other exceptions specified in Article 53 of Book VI of the Economic Law Code, particularly in cases where goods are made to the consumer's specifications or clearly personalized.
Applicable Law and Jurisdiction
These general terms and conditions are subject to Belgian law.
In case of disputes relating to the validity, interpretation, execution, or termination of these general terms and conditions, the parties agree to resort to mediation before any other dispute resolution method.
The courts of the judicial district of Namur shall have exclusive jurisdiction in case of failure of mediation.