These general conditions are also available in Dutch and French.
Identification of the company
These conditions of sale apply to all contracts concluded between, on the one hand, OH Concept SRL, whose head office is at Rue Sainte Gertrude 84C - 1490 Court Saint Etienne (Belgium), registered in the Register of Companies (Belgian) under the company name number 0675.819.091 hereinafter referred to as " the seller " and, on the other hand, any person wishing to make a purchase through the website of the seller, hereinafter referred to as " the buyer ".
Contact : Address: Rue de l'industrie 20 at 1400 Nivelles
Email: contact@gabylou.eu
Telephone: +32 479 41 46 87
We refer to:
Buyer (or “You”): any natural person who has reached the age of majority and who has full legal capacity or, failing that, the legal representative of that person. In the latter case, the legal representative is bound by these general conditions.
Consumer: any natural person who acquires or uses the products put on the market for a purpose that excludes any professional or commercial nature of.
Professional buyer: any natural or legal person that does not meet the definition of consumer mentioned in the previous paragraph.
Article 1: Object
These terms of sale are intended to define the contractual relationship between the seller and the buyer and the conditions applicable to any purchase made through the seller's website.
By accepting the order confirmation through our website, the buyer expressly acknowledges having read and understood these terms and conditions, and has understood that any order for a product through our website requires consultation and express acceptance of the general terms and conditions of sale.
The provisions that are not expressly repealed shall remain applicable. Only the exceptions that are the subject of a written agreement on our part may modify the application of these general conditions." The seller reserves the right to modify its terms and conditions. conditions at any time. The conditions applicable to the order are those in force at the time of confirmation of the same.
The application of the general terms and conditions of our co-contractors (including all buyers, consumers and professional buyers) is expressly excluded.
Article 2: Products and orders
Unless otherwise stated in writing, the products and / or services offered are those listed in the catalog published on our website on the date of the order, within the limits of the available stock.
Each product is accompanied by a description established by the seller based on the description provided by the supplier. The photographs of the products in the catalog reflect a true image of the products and services offered, but they are not contractual insofar as they cannot guarantee a perfect similarity with the physical products. Furthermore, the very nature of the products always involves slight differences from one unit to another (seams, slight imperfections, etc.) which also give the products their unique character.
To place the order in a valid way, the buyer:
- complete the identification form or give your customer number if he has one;
- complete the online order form with all the references of the products or services chosen;
- validate his order after having reviewed it;
- acknowledge having read and accepted these terms and conditions;
- make the payment in the prescribed conditions;
- confirm his order and payment.
The sale is considered perfect when the order confirmation by the seller. The buyer may no longer modify his order, nor demand a return or an 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 exists from the moment the order confirmation e-mail is actually sent by the seller, and only for the products listed in this e-mail. No shipment will be made without confirmation of the order and receipt of full payment of the same.
Products and services are offered within the limits of available stocks. In case an item is not available, the seller will inform the buyer by email as soon as possible. This will have the possibility to choose between waiting (in case of temporary unavailability) or cancel without charge the order of the items not available.
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 are considering ordering. You acknowledge that the products may be subject to the export control laws of the United States and the European Union and 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 competent, to seek legal advice.
Article 3: delivery - transport
The seller undertakes to make deliveries of available items at the latest within 30 working days after the order is confirmed. The delivery of the ordered product (s) is made at the address mentioned by the buyer when placing the order.
In case of sale to a professional, transportation is at the buyer's risk.
At the time of delivery of the goods, the buyer verifies if the requested products match. In case of missing an item, damaged or not corresponding to the order placed, the buyer is invited to contact the customer service by email to: contact@gabylou.eu
When the item does not correspond or is damaged, the buyer is required to return it to us within 14 days after the receipt of said property, either requesting the change of the property or its refund. The return costs will be borne by the buyer.
Only the full payment of the price of the product leads to the transfer of ownership of the product to the buyer, regardless of the date of delivery. In accordance with Book VI of the Belgian Code of Economic Law concerning 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 handing over 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 on the delivery document shall constitute proof of the date of delivery.
Article 4: Rates
The prices of the products and services shown on the site are indicated in euros, all taxes included (VAT and other applicable taxes).
The prices indicated do not include transportation costs, which are the subject of a separate article when placing the order.
The seller reserves the right to change prices at any time, however, the prices applicable to the order are those valid at the time of confirmation.
The seller reserves the right to reflect changes in prices at the T.V.A. rate. that would occur before the delivery date.
Article 5: Geographical areas of delivery
The online sale of the products and services presented on the seller's website is restricted to the deliveries in the following countries : France, Belgium, Germany, United Kingdom, Netherlands, Italy, Spain.
Article 6: Payment conditions
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
According to the law, the consumer has the right to notify the seller who waives his purchase, without penalty and without giving reasons, within 14 days clear from the day after the delivery of the products or the conclusion of the service contract.
This right of withdrawal does not belong to the professional buyer.
The consumer is informed that he can not use his right of withdrawal in the following cases (Article VI.53 of the Economic Right Code):
- Provision of goods made to the specifications of the consumer or clearly personalized;
- provision of goods that may deteriorate or expire rapidly;
- Supply of sealed products that cannot be returned for reasons of health or hygiene protection and which have been unsealed by the consumer after delivery.
Within this period, the consumer must notify his decision of retraction by means of an unequivocal statement, either by email to the following address: contact@gabylou.eu, or by mail to the address of our head office.
To do so, the consumer may use the following model:
For the attention of OH Concept's after-sales service (physical address: Rue de l'industrie 20 to 1400 Nivelles – email address: contact@gabylou.eu):
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 if this form is notified on paper)
- Date
(*) Delete as appropriate.
In case of a withdrawal, the seller will reimburse all payments received from the buyer, including shipping costs but no refund without undue delay.
The return costs are borne by the buyer and the goods travel at the buyer’s own risk.
The goods must be returned in their original packaging, accompanied by all their accessories, the user's manuals and must not have been subject to any degradation other than that resulting from the necessary manipulations to establish the nature, characteristics and proper functioning.
The seller reserves the right to make only a partial refund if it turns out that the returned product has been damaged or is incomplete.
Article 8: Legal guarantee
The consumer has legal rights under the Consumer Protection Law of September 1, 2004 in the case of sale of consumer goods.
In accordance with Article 1649quater §2 of the Civil Code, the consumer must inform the seller of the existence of a lack of conformity within a period of 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 covers only the defects of conformity existing at the time of delivery of the goods. Defects or damages due to misuse, such as water damage, rust, falls or bumps, negligence and wear, are not covered by the warranty.
In the same way, repairs made by technicians not approved by us 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 any questions or comments about possible breakages during delivery, loss of defective products or products, contact after sales service at: contact@gabylou.eu.
Article 10: Refund
When applicable, the refund will be made no later than 14 business days from the date of receipt of the goods object of the withdrawal request or the date of receipt of proof of the 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 subject only to a “best efforts” obligation.
The seller cannot be responsible for any damages resulting from the use of the Internet and online payment, such as data loss, intrusion, viruses, service failure or other unwanted problems.
The data included in the site is communicated in good faith. The proposed links to the sites of the manufacturers and / or partners are offered for informational purposes and have no contractual value. The seller can not be responsible for the information of these sites.
The buyer is responsible for the choice and use of the product delivered by the seller. He certifies being 18 years of age when placing the order. The seller declines any responsibility in case of incorrect information that the buyer communicates.
The seller shall not 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 a case of delay, the seller is 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 product delivered does not comply with the legislation of the country of delivery.
In the event that the product delivered by the seller has a hidden defect, the seller reserves the right to eliminate this defect or to replace the defective product with another.
The seller cannot be held responsible for any inconvenience or damage caused by any event qualified as force majeure.
Article 12: Intellectual property
This site and all its texts, drawings, photos, illustrations, films, data, databases, software, domain names, logos and any other element contained therein are protected by intellectual property rights.
Any copy, adaptation, translation, provision and / or modification, total or partial, in any form and by any means (electronic, mechanical or otherwise) is strictly prohibited, except with the prior written consent of OH Concept. Any breach of this clause can lead to civil, commercial and / or criminal proceedings.
In accordance with the legislation in force on intellectual property, the user of the site shall be particularly careful to print, reproduce and display the content provided only 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 authorisation 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 in no way authorised to use this trademark. The user agrees not to use this trademark or any other similar trademark.
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 website on another website) is prohibited without the seller's prior written authorisation.
Article 13: Personal data and cookies
All information about our personal data processing is available in our "Personal Data Processing Policy".
Article 14: Evidence
The parties accept, within the framework of their relations, the electronic means of proof (as an example and without this list being exhaustive: electronic mail, computer backup copies, ...).
Article 15: Dispute resolution
These online conditions of sale are subject to Belgian law.
The consumer has the possibility, in case of conflict, to submit an application to the Consumer Mediation Service. Information on alternative methods of dispute resolution can be obtained through the link http://www.mediationconsommateur.be/fr.
However, we reserve the right to submit any possible dispute exclusively to the courts. In case of dispute, the courts of the registered office of the seller are competent, unless the legal provisions are binding.
Article 16: Salvation clause
The provisions of these terms of sales shall be applied and, where applicable, construed 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 the terms of sales shall not be affected and shall remain in full force and effect. Furthermore, in such 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
These conditions apply throughout the duration of the order, our services, as well as the delivery of the products and all the relations between the customer and OH Concept / Gabylou.