Terms and conditions of sale

These terms and conditions are also available in Dutch and English.

Company identification

These conditions of sale apply to all contracts concluded between OH Concept SRL, whose registered office is located at Rue de l'industrie 20, 1400 Nivelles (Belgium), registered with the Banque Carrefour des Entreprises under company number 0675.819.091, hereinafter referred to as " the seller ", and 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 à 1400 Nivelles
Email : [email protected].
Telephone: +32 470 01 08 82                       

We understand by :

Buyer (or "You"): any natural person who has reached the age of majority and has full legal capacity or, failing this, the legal representative of this person. In the latter case, the legal representative is bound by these terms and conditions.

Consumer: any natural person who acquires or uses products placed on the market for purposes other than those of a professional or commercial nature.

Professional buyer: any individual or legal entity not covered by the definition of consumer in the previous paragraph.

Article 1: Purpose

The purpose of these terms and conditions of sale is 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 purchaser expressly acknowledges having read, understood and accepted these general terms and conditions, it being understood that any order for a product via our website implies the express consultation and acceptance of the general terms and conditions of sale.

Provisions not expressly derogated from remain in force. The application of these terms and conditions may only be modified by written agreement on our part. 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 force at the time of order confirmation.

The application of the general terms and conditions of our contractual partners (including all buyers, consumers and professional buyers) 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, subject to availability.

Each product is accompanied by a description drawn up by the seller on the basis of the description provided 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. Moreover, 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 a valid order, the buyer must :

- Fill in the identification form or give your customer number syou have one

- Fill in the online order form, giving all the references for the products or services chosen

- Confirm your order after checking it

- Acknowledge having read and accepted these terms and conditions

- Make payment as agreed

- Confirm 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 demand the 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 buyer to confirm receipt of the order.

The contract of sale between the buyer and the seller only comes into existence when the order confirmation e-mail is actually sent by the seller, and only for the products listed in this e-mail.

No goods will be dispatched without order confirmation and full payment.

Products and services are offered while stocks last. If an item is unavailable, the seller will inform the buyer by e-mail as soon as possible. The buyer will have the option of waiting (in the event of temporary unavailability) or cancelling the order of unavailable items at no charge.

It is your responsibility to check with the local authorities in your country for any restrictions on the import or use of the products or services you intend 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 to which they are delivered or used. You must comply with these laws. It is your responsibility, if you do not consider yourself sufficiently competent, to seek legal advice.

Article 3: Delivery - transport

The seller sto deliver the items ordered within 30 working days of order confirmation. The productss) ordered will be delivered to the address given by the customer at the time of ordering.

In the case of sales to professionals, transport is at the buyer's risk.

Upon delivery of the goods, the buyer checks that the products ordered correspond. If an item is missing, damaged or does not correspond to the order placed, the buyer is invited to contact customer service by email at : [email protected].

If the item does not correspond or is damaged, the buyer must return it within 14 days of receipt, requesting either an exchange or a refund. Return shipping costs are at the customer's expense.

Only full payment of the product price transfers ownership of the product to the purchaser, regardless of the 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 risk takes place at the time of delivery, i.e. the physical handover of the goods to the recipient indicated at the time of the order, or to his representative who accepts them. When the sale is concluded with a professional buyer, the risk is transferred when the ordered products are handed over 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, inclusive of all taxes (VAT and other applicable taxes).

The prices shown do not include shipping costs, which are charged separately when the order is placed.

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

The seller reserves the right to pass on any changes in the VAT rate prior to the delivery date.

Article 5: Geographical zones

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

Article 6: Terms of payment

Payment smade by credit card, Visa or Mastercard and Paypal. 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 renounces his purchase, without penalty and without giving any reason, within 14 clear days from the day following the delivery of the goods or the conclusion of the service contract.

This right of renunciation does not apply to professional buyers.

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

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

- Supply of goods likely to deteriorate or expire rapidly

- Supply of sealed goods which cannot be returned for health or hygiene reasons 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 statement either by email to the following address: [email protected], or by post to the address of our registered office as mentioned above.

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

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

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

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

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only in the case of notification of this form 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 shipping costs are at the buyer's expense and the goods travel at the buyer's risk. 

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

The seller reserves the right to make only a partial refund sthe returned goods have sdamaged or are incomplete.

Article 8: Legal warranty

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

In accordance with article 1649quater §2 of the French Civil Code, the consumer is obliged to inform the seller of the existence of a lack of conformity within two months of the day on which the consumer noticed the defect.

For second-hand goods, the warranty period is one year from the date of delivery. 

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

Similarly, repairs carried out by technicians not approved by our services will invalidate the warranty.

The invoice or delivery note serves as the warranty certificate and must be retained by the consumer and produced in the original. 

Article 9: After-sales service

If you have any questions or remarks concerning breakage during delivery, loss of products or defective products, please contact our customer service department at : [email protected].

Article 10: Refunds

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

Article 11: Responsibilities

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

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

The information provided on this site is given in good faith. Links to manufacturers' and/or partners' websites are provided for information purposes only 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. The buyer certifies that he/she is at least 18 years of age at the time of ordering. The seller declines all responsibility for any inaccuracy in the information provided by the buyer.

The seller cannot be held responsible for any delay or non-execution of the order when this delay or non-execution is due to a technical cause or any other cause beyond its control. In such cases of delay, the seller is entitled to delay delivery until the causes of delay have disappeared, 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 of a hidden defect in a product delivered by the seller, the seller reserves the right to eliminate the defect or replace the defective product with another.

Under no circumstances can the seller be held responsible for any inconvenience or damage caused by any event qualified as force majeure.

Article 12: Intellectual property

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

Any copy, 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, except with the prior written consent of Gabylou. Any breach of this clause may result in civil, commercial and/or criminal proceedings.

In accordance with current legislation on intellectual property, users of the site should take particular care to print, reproduce and display the content provided for their own private and personal use only.

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. Under no circumstances is the user authorized to use this trademark. He agrees not to use this trademark or any other trademark similar to it.

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

Article 13: Personal data and cookies

All information concerning our personal data processing is available in our "Personal data processing policy".

Article 14: Evidence

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

Article 15: Settlement of disputes

These online sales conditions are governed by Belgian law.

In the event of a dispute, the consumer 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 disputes exclusively to the courts. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless otherwise stipulated by law.

Article 16: Salvage clause

The provisions of these terms and conditions sapply and, where applicable, sconstrued so as to be valid and enforceable under applicable law. If any provision is held to be invalid, illegal or unenforceable in whole or in part, the remainder of the provision and conditions shall not be affected thereby and shall remain in full force and effect. Furthermore, in such a case, the provision concerned or its invalid, illegal or unenforceable part will be replaced by a new valid provision whose effects correspond as closely as possible to the objectives of the provision concerned.

Article 17: Duration

The present conditions sthroughout the duration of the order, our services and the delivery of the goods, as well as to all relations between the customer and OH Gabylou.