Terms of Sales
These General Terms and Conditions are also available to you in Dutch and English.
These conditions of sale are applicable to all contracts concluded between, on the one hand, OH Concept SRL whose head office is located at Rue de l'industrie 20 at 1400 Nivelles (Belgium), registered with the Banque Carrefour des Entreprises under the 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 ".
Address: Rue de l'industrie 20 at 1400 Nivelles
Email: firstname.lastname@example.org .
Telephone: +32 479 41 46 87
We hear 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 this person. In the latter case, the legal representative is required to comply with these general conditions.
Consumer : any natural person who acquires or uses for purposes excluding any professional or commercial nature of the products placed on the market.
Professional buyer : any natural or legal person who does not fall within the definition of consumer given in the previous paragraph.
Article 1: object
These conditions of sale are intended to define the contractual relationship 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 assumes consultation and express acceptance of the general conditions of sale.
The provisions which are not expressly derogated from remain applicable. Only derogations subject to our written agreement can modify the application of these general conditions. The seller nevertheless reserves the right to modify its general conditions at any time. The conditions applicable to the order are those in force at the time of confirmation thereof.
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 which appear 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 on the basis of the description transmitted by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure 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 character.
In order to place his order validly, the buyer must:
- Fill in the identification form or give his customer number if he has one
- Complete the online order form giving 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 the payment under the conditions provided
- Confirm your order and payment
The sale is deemed perfect when the order is confirmed by the seller. The buyer can therefore no longer modify his order, nor demand a return or exchange of products except under the conditions mentioned below.
A confirmation e-mail containing the buyer's order will be sent by the seller to the latter in order to confirm receipt of the order.
The sales contract between the buyer and the seller does not exist until the order confirmation e-mail is actually sent by the seller, and only for the products set out in this e-mail.
No shipment of goods will be made without order confirmation and receipt of full payment thereof.
Products and services are offered within the limits of available stocks. In case of unavailability of an item, the seller will inform the buyer by email as soon as possible. The latter will have the possibility of choosing between waiting (in the event of temporary unavailability) or canceling the order of the unavailable items free of charge.
It is your responsibility to inform yourself with the local authority of your country of any restrictions on the import or use of the products or services that you plan to order. You acknowledge that the products may be subject to the 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 obey these laws. It is up to you, if you do not consider yourself sufficiently competent, to be assisted by counsel.
Article 3: Delivery - transport
The seller undertakes to deliver the available items ordered at the latest within 30 working days of order confirmation. Delivery of the product(s) ordered takes place at the address given by the customer when ordering.
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 products ordered correspond. In the event of an item missing, damaged or not corresponding to the order placed, the buyer is invited to contact customer service by email at: email@example.com.
When the item does not match or is damaged, the buyer is required to return it to us within 14 days of receipt of the said item, requesting either an exchange of the item or a refund. Return costs are the responsibility of the customer.
Only full payment of the price of the product entails the transfer of ownership of the product to the buyer, regardless of its delivery date. In accordance with Book VI of the Code of Belgian Economic Law relating to market practices and consumer protection, when the order is placed by a consumer, the transfer of risk takes place at the time of delivery, i.e. -mean 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 when the products ordered are delivered to the carrier. The date on the delivery document constitutes proof of the delivery date.
Article 4: Rates
The prices of the products and services displayed on the site are indicated in euros, all taxes included (VAT and other applicable taxes).
The prices indicated do not include transport costs, these being the subject of a separate item when ordering.
The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in force at the time of confirmation thereof.
The seller reserves the right to pass on to its prices any changes in the VAT rate that occur before the date of delivery.
Article 5: Geographical areas
The online sale of products and services presented on the seller's site is reserved for buyers from France, Belgium, Germany, the Netherlands, Italy and Spain.
Article 6: Methods of payment
Payment is made by credit card, Visa or Mastercard and Paypal. The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
Article 7: Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that he is renouncing 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 cancellation does not belong to the professional buyer.
The consumer is informed that he cannot make use of his right of withdrawal in the following cases (art.VI.53 of the Code of Economic Law):
- Supply of goods made to consumer specifications or clearly personalized
- Supply of goods likely 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 his decision to withdraw by means of an unambiguous declaration either by email to the following address: firstname.lastname@example.org, or by mail to the address of our head office such as mentioned above.
To do this, the consumer may use the following model:
For the attention of the after-sales service of OH Concept (physical address: Rue de l'industrie 20 at 1400 Nivelles – email address: email@example.com ):
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification of this form on paper)
(*) Delete where not applicable.
In the event of withdrawal, the seller will reimburse all payments received from the buyer, including the costs of delivery but not of return and this without undue delay.
Return costs are borne by the buyer and the goods travel at his risk.
The good must be returned in its original packaging, accompanied by all its accessories, the user manual and must not have been the subject of any degradation other than that resulting from the manipulations necessary to establish the nature, the characteristics and proper functioning.
The seller reserves the right to make 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 the 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 noticed the defect.
For second-hand 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 shock, negligence and wear and tear, are not covered by the warranty.
Similarly, repairs carried out by technicians not approved by our services will result in the cancellation of the guarantee.
The invoice or delivery note acts as a guarantee and must be kept by the consumer and produced in the original.
Article 9: After-sales service
For all questions and remarks concerning possible breakage during delivery, loss of products or defective products, please contact the after-sales service at: firstname.lastname@example.org.
Article 10: Reimbursement
Where applicable, any refund will be made at the latest within 14 working days following the date of receipt of the goods subject to the request for withdrawal or following the date of receipt of proof of the return of the 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, service interruption, or other involuntary problems.
The data contained on the site are communicated in good faith. The links offered to the sites of manufacturers and/or partners are provided for information purposes and have no contractual value. The seller cannot be held responsible for information from these sites.
The buyer is responsible for the choice and use of the product delivered by the seller. He certifies to be 18 years old when ordering. The seller declines all responsibility in the event of inaccuracy of the information communicated to him by the buyer.
The seller cannot be held responsible for any delay or non-execution of the order when this delay or this 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 is entitled to delay the delivery until the disappearance of the causes causing the delay, or to cancel the sale.
The seller declines all responsibility in the event that the product delivered 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 can in no way be held responsible for any inconvenience or damage related 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 element which appear therein are protected by intellectual property rights.
Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and with any means whatsoever - electronic, mechanical or otherwise - is strictly prohibited, except with the prior written authorization of Gabylou. Any breach of this clause may result in civil, commercial and/or criminal prosecution.
In accordance with the legislation in force in terms of intellectual property, the user of the site will be particularly careful not to print, reproduce and display the content provided for his 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 products of the seller, the accompanying documentation provided by the seller, or the software present on the site.
Gabylou is a registered and protected trademark. The user is in no way authorized to use this mark. He agrees not to use this brand or any other brand that would be similar.
Any hypertext link to the seller's site, including the use of the technique of "transclusion" (or framing, integration of the site or part of the website on another website) is prohibited without the written authorization prior to the seller.
Article 13: Personal data and cookies
All the 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 (by way of example and without this list being exhaustive: email, computer backups, etc.).
Article 15: Settlement of disputes
These online sales conditions are subject to Belgian law.
The consumer has the option, in the event of a dispute, of submitting a request to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr.
We nevertheless reserve the right to submit any possible dispute exclusively to the courts. In the event of a dispute, the courts of the seller's registered office are competent, unless there are binding legal provisions to the contrary.
Article 16: Salvage clause
The provisions of these general conditions of sale apply and, if necessary, are interpreted so as to be valid and applicable under the applicable law. If any provision should be found in whole or in part to be invalid, illegal or unenforceable, the remainder of the provision and terms shall not be affected and shall remain in full force and effect. In addition, in this case, the invalid, illegal or unenforceable provision or its part will be replaced by a new valid provision, the effects of which 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.