Terms of Sales

These general terms and conditions are also available to you in Dutch and English.

Company identification

These conditions of sale are applicable to all contracts concluded between, on the one hand, OH Concept SRL whose registered office is located at Rue de l'industrie 20 in 1400 Nivelles (Belgium), registered with the Crossroads Bank for Enterprises under company number 0675.819.091, hereinafter referred to as " the seller ", and, on the other hand, any person wishing to make a purchase via the seller's website, hereinafter referred to as " the buyer ".

Contact :
Address: Rue de l'industrie 20 in 1400 Nivelles
Email: [email protected] .
Telephone: +32 479 41 46 87

We understand by:

Buyer (or “You”): any natural person who has reached the age of majority and has full legal capacity or, failing that, the legal representative of that person. In the latter case, the legal representative is required to comply with these general terms and conditions.

Consumer : any natural person who acquires or uses products placed on the market for purposes excluding any professional or commercial nature.

Professional buyer : any natural or legal person not falling within the definition of consumer set out in the preceding paragraph.

Article 1: Purpose

These conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller's website.

By accepting the order confirmation via our website, the buyer expressly acknowledges having read these general conditions, having understood them and having accepted them, it being understood that any order for a product via our website implies consultation and express acceptance of the general conditions of sale.

The provisions not expressly waived remain applicable. Only waivers agreed to in writing by us may modify the application of these general terms and conditions. The seller nevertheless reserves the right to modify its general terms and conditions at any time. The conditions applicable to the order are those in effect at the time of confirmation of the order.

The application of the general conditions of our co-contractors (including any buyer, consumer and professional buyer) is expressly excluded.

Article 2: Products and orders

Unless otherwise stipulated in writing, the products and/or services offered are those listed in the catalog published on our website on the day of the order, within the limits of available stocks.

Each product is accompanied by a description drawn up by the seller based on the description provided by the supplier. The product photographs in the catalog reflect a true and fair view of the products and services offered but are not contractually binding since they cannot guarantee perfect similarity with the physical products. Furthermore, the very nature of the products always implies slight differences from one unit to another (seams, slight imperfections, etc.) which also give the products their unique characteristics.

In order to place an order validly, the buyer must:

- Complete the identification form or provide your customer number if you have one

- Complete the online order form, providing all the references of the products or services chosen.

- Validate your order after checking it

- Acknowledge having read these general conditions and having accepted them

- Make payment under the conditions provided

- Confirm your order and payment

The sale is deemed complete upon confirmation of the order by the seller. The buyer may no longer modify his order, nor request a return or exchange of products except under the conditions mentioned below.

A confirmation email containing the buyer's order will be sent by the seller to the buyer to confirm receipt of the order.

The sales contract between the buyer and the seller only exists from the moment the order confirmation email is actually sent by the seller, and only for the products listed in that email.

No shipment of goods will be made without confirmation of order and receipt of full payment.

Products and services are offered while stocks last. In the event that an item is unavailable, the seller will inform the buyer by email as soon as possible. The buyer will have the option to wait (in the event of temporary unavailability) or cancel the order for the unavailable items free of charge.

It is your responsibility to check with the local authority in your country for any restrictions on the import or use of the products or services you plan to order. You acknowledge that the products may be subject to export control laws of the United States and the European Union, as well as the laws of the country where they are delivered or used. You must comply with these laws. If you do not consider yourself sufficiently competent, it is your responsibility to seek legal assistance.

Article 3: Delivery - transport

The seller undertakes to deliver the available items ordered no later than 30 working days after the order confirmation. Delivery of the ordered product(s) will take place at the address specified by the customer when placing the order.

In the event of sale to a professional, transport is at the buyer's risk.

Upon delivery of the goods, the buyer checks whether the ordered products match. In the event of a missing, damaged, or non-matching item, the buyer is invited to contact customer service by email at: [email protected].

If the item is not as described or is damaged, the buyer must return it to us within 14 days of receiving the item, requesting either an exchange or a refund. Return shipping costs are the responsibility of the customer.

Only full payment of the product price results in the transfer of ownership of the product to the buyer, regardless of its delivery date. In accordance with Book VI of the Belgian Code of Economic Law relating to market practices and consumer protection, when the order is placed by a consumer, the transfer of risks takes place at the time of delivery, i.e. the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it. When the sale is concluded with a professional buyer, the risk is transferred upon delivery of the ordered products to the carrier. The date shown on the delivery document constitutes proof of the delivery date.

Article 4: Rates

The prices of products and services displayed on the site are indicated in euros including all taxes (VAT and other applicable taxes).

The prices indicated do not include transport costs, which are listed separately when ordering.

The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in effect at the time of confirmation of the order.

The seller reserves the right to reflect in its prices any changes in the VAT rate that occur before the delivery date.

Article 5: Geographical areas

The online sale of products and services presented on the seller's website is reserved for buyers from France, Belgium, Germany, the Netherlands, Italy and Spain.

Article 6: Payment terms

Payment is made by credit card, Visa or Mastercard, and PayPal. Items ordered remain the exclusive property of the seller until the buyer has paid for the order in full.

Article 7: Right of withdrawal

In accordance with the law, the consumer has the right to notify the seller that he is withdrawing from his purchase, without penalty and without giving any reason, within 14 clear days from the day after the day of delivery of the goods or the conclusion of the service contract .

This right of withdrawal does not belong to the professional buyer.

The consumer is informed that he cannot exercise his right of withdrawal in the following cases (art.VI.53 of the Code of Economic Law):

- Supply of goods made to the consumer's specifications or clearly personalized

- Supply of goods liable to deteriorate or expire rapidly

- Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery

Within this period, the consumer must notify their decision to withdraw by means of an unambiguous declaration either by email to the following address: [email protected], or by post to the address of our head office as mentioned above.

To do this, the consumer can use the following model:

To the attention of the OH Concept after-sales service (physical address: Rue de l'industrie 20 in 1400 Nivelles – email address: [email protected] ):

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if this form is notified on paper)

- Date

(*) Delete as appropriate.

In the event of withdrawal, the seller will reimburse all payments received from the buyer, including delivery costs but not return costs, without undue delay.

Return costs are the responsibility of the buyer and the goods travel at the buyer's risk.

The item must be returned in its original packaging, accompanied by all its accessories and the user manual, and must not have been subject to any damage other than that resulting from the handling necessary to establish its nature, characteristics and proper functioning.

The seller reserves the right to issue only a partial refund if it turns out that the returned item has been damaged or is incomplete.

Article 8: Legal guarantee

The consumer benefits from legal rights under the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods.

In accordance with Article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within two months from the day on which the consumer discovered the defect.

For used goods, the warranty period is one year from the date of delivery of the goods.

This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, dropping or impact, neglect, and wear and tear, are not covered by the warranty.

Likewise, repairs carried out by technicians not approved by our services will result in the cancellation of the warranty.

The invoice or delivery note acts as a guarantee document and must be kept by the consumer and produced in original.

Article 9: After-sales service

For any questions or comments regarding possible breakages during delivery, loss of products or defective products, please contact after-sales service at: [email protected].

Article 10: Reimbursement

If applicable, any refund will be made no later than 14 working days following the date of receipt of the goods subject to the withdrawal request or following the date of receipt of proof of return of said goods. The refund will be made to the account through which the order was paid.

Article 11: Responsibilities

The seller, in the online sales process, is only bound by an obligation of means.

It cannot be held liable for damage resulting from the use of the Internet network and online payment such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.

The information contained on this website is provided in good faith. Links to manufacturer and/or partner websites are provided for informational purposes only and are not binding. The seller cannot be held responsible for information from these websites.

The buyer is responsible for the selection and use of the product delivered by the seller. He certifies that he is at least 18 years old at the time of ordering. The seller declines all responsibility in the event of inaccuracy of the information provided to him by the buyer.

The seller shall not be liable for any delay or non-execution of the order when such delay or non-execution is due to a technical cause or any other cause beyond its control and beyond its control. In such a case of delay, the seller shall be entitled to delay delivery until the causes causing the delay have disappeared, or to cancel the sale.

The seller declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery.

In the event that the product delivered by the seller presents a hidden defect, the seller reserves the right to eliminate this defect or to replace the defective product with another.

The seller cannot under any circumstances be held liable for any inconvenience or damage linked to any event qualified as force majeure.

Article 12: Intellectual property

This site, as well as its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos and any other elements appearing therein are protected by intellectual property rights.

Any copying, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means whatsoever - electronic, mechanical or otherwise - is strictly prohibited without the prior written authorization of Gabylou. Any violation of this clause may result in civil, commercial and/or criminal prosecution.

In accordance with current legislation on intellectual property, the user of the site will be particularly careful to print, reproduce and display the content provided only for his or her private and personal use.

The user may never publish, modify, distribute or reproduce all or part of the content of the site without obtaining prior authorization from the seller.

The User may never create derivative works based on the Seller's products, the accompanying documentation provided by the Seller, or the software present on the Site.

Gabylou is a registered and protected trademark. The user is not authorized to use this trademark under any circumstances. The user agrees not to use this trademark or any other trademark that is similar to it.

Any hyperlink to the seller's website, including the use of the "transclusion" technique (or framing, integration of the site or part of the website on another website) is prohibited without the prior written authorization of the seller.

Article 13: Personal data and cookies

All information relating to our processing of personal data is available in our “policy relating to our processing of personal data”.

Article 14: Proof

The parties accept, within the framework of their relations, electronic means of proof (for example and without this list being exhaustive: email, computer backups, etc.).

Article 15: Dispute Resolution

These online sales conditions are subject to Belgian law.

In the event of a dispute, consumers may submit a request to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr.

However, we reserve the right to submit any potential disputes exclusively to the courts. In the event of a dispute, the courts at the seller's registered office shall have jurisdiction, unless otherwise provided by mandatory legal provisions.

Article 16: Severability Clause

The provisions of these general terms and conditions of sale shall apply and, where applicable, shall be interpreted in such a way as to be valid and enforceable under applicable law. If any provision should be deemed invalid, illegal or unenforceable in whole or in part, the remainder of the provision and conditions shall not be affected and shall remain in full force and effect. Furthermore, in such a case, the provision concerned or its invalid, illegal or unenforceable part shall be replaced by a new valid provision whose effects correspond as closely as possible to the objectives of the provision concerned.

Article 17: Duration

These conditions apply throughout the duration of the order, our services and the delivery of the goods as well as to all relations between the customer and OH Concept/Gabylou.