GENERAL CONDITIONS OF SALE
1 - PRESENTATION – DEFINITIONS
- a - The Seller : The SRL COL & MACARTHUR, whose headquarter is established RUE DU PONT 8/A - 4690 ROCLENGE-SUR-GEER, registered at the ECB under the number 536.659.923 (VAT BE 0536.659.923)
- b- The Seller can be reached by mail at the address of its headquarter, at the email adress contact[@]colandmacarthur.com and by phone +32 460 22 67 87 or +33 (0)7 56 87 45 30, as well as by a contact form. .
- c - For the application of these general conditions of sale, are considered as :
- Goods: the products sold by the Seller
- General Conditions: the present general conditions of sale
- Customer: any entity (professional or consumer) who orders a Good on the Website
- Consumer: any person who acquires a Good for purposes other than professional;
- Site Internet : Website: the Seller's website, including https://colandmacarthur.com
2 - ACCEPTANCE OF THE GENERAL CONDITIONS
The use of the Website, as well as any order sent to the Seller, necessarily implies, as an essential and determining condition, the unreserved acceptance of the General Terms and Conditions of Sale by the Customer, which are the only ones applicable, to the exclusion of any other, unless expressly stipulated otherwise. Only persons of legal age and capacity may use the Website and place orders.
3 - PRICES
Unless otherwise stated, the prices indicated on the Website are inclusive of all taxes and exclusive of delivery costs. In certain cases, including deliveries outside Europe, VAT may not be applicable (for more information, contact the Seller).
Prices in foreign currencies are given as an indication. The price in Euro is the authoritative one. The price in foreign currency may vary according to the conversion rate applied by the financial institutions on the day of the order. No claim will be accepted due to this variation. All costs related to the transaction in a foreign currency shall be borne by the Customer.
The Seller reserves the right to change its prices at any time. The Goods will be invoiced on the basis of the prices in force at the time of the order confirmation. Any dispute regarding the price must be made in writing and addressed to the Seller's registered office within 15 days of payment.
Promotional codes and other discounts are only valid for the time period announced and subject to compliance with the conditions laid down. They cannot be combined.
For all orders, payment in cash is required and any late payment will imply, by right and without notice, the payment of interest at the legal rate, as from the due date of the invoice, as well as an indemnity of 10% of the amount due, with a minimum of 100 €.
Sauf stipulation contraire, la facture sera adressée par e-mail au Client.
Notwithstanding Article 1583 of the Civil Code, the Goods remain the exclusive property of the Seller until full payment of its invoices. Notwithstanding this reservation of ownership, all risks of loss and damage relating to the Goods concerned are transferred to the Customer as soon as he takes possession.
4 - (PRE-)ORDERING
In order to place an order via the Website, it is necessary to provide various information (including the billing and delivery address, a telephone number, etc.). Each Customer is solely responsible for the information provided and its accuracy. It is also possible to create a customer account. Each Customer must ensure that his or her account is protected against fraudulent use. This protection includes a sufficiently elaborate and strictly confidential password. The Customer must inform the Seller as soon as possible of any fraudulent use of his account.
The order and the production of the Goods are only validated after the Seller has received the payment made by the Customer, via the payment systems offered, and has sent a confirmation e-mail (provided that the Customer has provided a valid e-mail address). In the case of payment by bank transfer, it may take a few days to confirm receipt of the payment.
4.2. Pre-orders and deposits
Where pre-orders are possible, the Seller is entitled to cancel the sale at any time, including if a deposit has been paid, in return for a full refund of the deposit to the Customer, without the Customer being entitled to claim any compensation.
Subject to the right of withdrawal granted to Consumers, a pre-order (validated by the payment of a deposit) cannot be cancelled by a Customer.
4.3. Stock and promotion
The Goods are offered within the limits of available stocks. In the event of promotions carried out on certain Goods, within the limits of its resources and forecasts, the Seller shall ensure that it has sufficient stock to meet demand.
The Customer may choose to personalise the Goods with an engraving. In this case, the item is made to the Customer's specifications or is clearly personalised and does not qualify for the right of withdrawal.
5 - DELIVERY
The delivery of the Goods is carried out by the Seller (or a third party designated by it), using the means of transport of its choice, in the delivery areas it accepts, to the address provided by the Customer. The Goods travel at the Customer's risk, regardless of the means of transport chosen (see also Article 7, "Complaints").
5.1. Delivery time and date
Delivery times are given for information purposes only and are calculated from the date of actual receipt of payment from the Customer (in the case of payment by bank transfer, an additional period may be necessary). Any delays in delivery cannot give rise to damages or any reimbursement. No deliveries are made at weekends or on public holidays.
5.2. Delivery adress
Delivery can only take place in the geographical areas validated by the Seller. For certain areas, the Seller will contact the Customer to determine the best delivery system to use (particularly when the postal system is notoriously deficient or non-existent). In this case, additional costs may be charged to the Customer (insurance and/or a particular postal service).
The Customer is solely responsible for the delivery data provided and must provide all relevant information. If the data provided by the Customer to the Seller is incomplete and/or inaccurate, the Seller shall not be held responsible for the impossibility of delivering the Goods and the Customer shall not be entitled to any refund.
For deliveries to places other than private homes (office buildings, hotels, etc.), delivery is only guaranteed to the reception area / lobby.
5.3. Second delivery
If, for any reason (absence, incorrect address, etc.), the Customer has not taken delivery of the Goods and they are returned to the Seller, the cost of the second delivery will be charged to the Customer.
6 - WARRANTY AND REPAIR
6.1. For Consumers :
The Goods are guaranteed against apparent defects and lack of conformity, subject to compliance with Article 7 of the General Conditions ("Complaints").
In accordance with legal requirements, new goods are guaranteed against any lack of conformity for a period of two years, starting from the date on which the Goods are made available by the Seller to the Consumer. If the lack of conformity appears after a period of six months from the delivery of the Goods, the proof of the existence of the defect at the time of delivery must be proven by the Consumer. A Good is in conformity if it meets the requirements of Article 1649 ter of the Civil Code.
In the event of a lack of conformity, the Consumer shall have the right, unless this is impossible or disproportionate, to require the Seller to repair the Goods or to replace them, all within a reasonable period of time, and without any major cost or inconvenience to the Consumer. If the Consumer is not entitled to repair or replacement of the Goods, or if the Seller has not carried out the repair or replacement within a reasonable time or without significant inconvenience to the Consumer, the Consumer shall be entitled to demand from the Seller an appropriate reduction in price or, in the case of a serious defect, rescission of the contract, to the exclusion of any claim for further damages. Account shall be taken of the worsening of the damage resulting from the use of the Goods by the Consumer after the time when he noticed the lack of conformity (or should have noticed it).
This clause does not preclude the guarantee for hidden defects in the item sold, as provided for in Articles 1641 to 1649 of the Civil Code and the specific provisions of the General Conditions.
6.2. For professionals :
Subject to the provisions of Article 8, hidden defects are covered by the warranty for a period of one year, starting from the date the Goods are made available by the Seller to the Customer. Beyond one year, the legal warranty applies if the hidden defect existed at the time of delivery, and insofar as it makes the Good unfit for the use for which it is intended or significantly reduces its use.
The Customer must notify the Seller of the hidden defect by registered letter as soon as possible, and in any event within 7 days of the day on which he noticed the defect or should normally have noticed it. The Seller will decide, at its sole discretion, the most appropriate way to remedy the defects or the non-conformity, either the reimbursement of part of the purchase price, the replacement of the Goods, or the cancellation of the sale, without the Customer being able to claim any other compensation.
The Seller shall not be liable for any damage caused by the use of the Goods, whether the damage is caused to the Customer, to his property or to third parties, even during the warranty period.
Excluded from the warranty are Goods whose damage is caused voluntarily or by negligence (breakage, breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical surge, fire, or any other case of force majeure) and Goods showing signs of having been opened (or of having been repaired and/or modified by a third party not approved by the Seller); likewise, this warranty is not applicable insofar as the damage is the result of wear and tear, transport, improper use and/or failure to comply with the instructions contained in a user manual.
No application of the guarantee can have the effect of extending its duration.
If the Good is no longer covered by the guarantee, but no longer functions correctly, the Seller will provide the Customer with a technical team offering a rapid repair.
Any repair will be subject to the sending of a quotation to the Customer (minimum cost of 60 € + minimum delivery charge of 20 €, if outside Europe).
7 - COMPLAINTS- RIGHT OF WITHDRAWAL
The Goods must be examined on the day of delivery, to check whether they correspond to the order made. Under penalty of forfeiture, any reservation as to this must be mentioned on the delivery note and reported, in writing with an acknowledgement of receipt, to the Seller's head office. Under penalty of forfeiture, any complaint must be accompanied by a copy of the invoice and the delivery note and be duly documented and justified.
Complaints must be made by the Customer as soon as possible, i.e. in accordance with the legal time limits for Consumers (2 months from the date of the defect) and the day of delivery for professionals. After this period, the Goods are presumed to have been definitively approved by the Customer, and apparent defects are irrefutably presumed not to exist.
7.2. Right of withdrawal (only applicable to Consumers)
Project-specific reservations are useful for administrative support and order preparation. This reservation cannot be refunded even if the order is not finalised by the customer.
With the exception of personalised Goods (see below), the Consumer has a period of 14 days to withdraw from the contract, without having to give any reason for his decision and without incurring any costs other than those of delivery, in order to return the Goods to the Seller's registered office. The 14-day period starts to run from the date of delivery of the Goods. After the 14 day period, the Seller will no longer be able to accept the return and may send it back to the Consumer (subject to the Consumer paying the delivery costs).
To exercise his right of withdrawal, the Consumer must inform the Seller in writing, with acknowledgement of receipt, of his decision before the expiry of the 14 day period, by one of the following means :
- using the model withdrawal form in Annex 2 of Book VI. ("Market practices and consumer protection") of the Code of Economic Law
- making another unambiguous statement setting out his decision to withdraw from the contract
The Consumer exercising his right of withdrawal must return the Goods to the Seller, at the latest 14 days after communicating his decision to withdraw from the contract. The Consumer shall bear the direct costs of returning the Goods, as well as the risks associated with this return.
Without prejudice to the Consumer's right to carry out the necessary manipulations to enable him to establish the nature of the Good, its characteristics and its proper functioning, the Goods must be returned to the Seller in new condition, in their original packaging, also in perfect condition, without having been used. If the Consumer uses the Goods before the expiry of the 14 day period, he/she waives his/her right of withdrawal. The returned Good must be accompanied by the invoice and the delivery note. Any return whose sender cannot be identified will be refused.
The refund of the order will take place within 14 days of the Seller being informed of the Consumer's decision to withdraw from the contract exercised in accordance with this article, using the same means of payment as that used for the initial transaction, and provided that all the return procedures have been strictly respected and that the Seller has recovered the Good. The amount refunded shall in any case be limited to the amount actually paid by the Consumer. The Seller does not reimburse additional costs related to the choice of a delivery method other than the less expensive standard delivery method that it offers.
For personalised Goods (watch with engraving), the Consumer may not exercise the right of withdrawal provided for in the General Conditions. The Consumer may not return the Goods, nor request a refund or any compensation.
8 - LIABILITY
The Goods offered for sale on the Website are accompanied by a description drawn up by the Seller and illustrated by photographs which have an illustrative value and are not contractual. The photographs are as accurate as possible but cannot ensure a perfect similarity with the Goods, particularly as regards colours and/or dimensions. The Seller shall not be held responsible for any errors that may appear in the texts and photos used in the description of the Goods.
The Seller shall not be liable for any damage and/or direct or indirect loss (operating loss, loss of profit, loss of opportunity, etc.) resulting from a defect, malfunction or (improper) use of the Goods, except in the case of fraud on his part. Likewise, the Seller cannot be held liable for any direct or indirect damage and/or loss resulting from his gross negligence or fraud or gross negligence on the part of his employees and/or agents.
The Seller declines all responsibility in the event of incomplete delivery data and/or refusal to take delivery of the Goods.
The Customer uses the Website at his own risk. The Seller provides the Website as is, with all its imperfections and according to its availability. The Customer acknowledges and accepts that computer and telecommunication systems are not free from defects and that it is possible to experience interruptions in service. The Customer shall remain solely responsible for the information that he transmits via the Website and for the consequences thereof. The Seller assumes no responsibility for the information provided by the Customer when creating an account and/or any other information encoded via the Website by the Customer. The Seller accepts no responsibility for the loss and/or disclosure to third parties of information provided by the Customer via the Website. The Seller cannot guarantee that the transmission of data via the Website or other telecommunication systems is not monitored, recorded or distorted by third parties. Furthermore, the Seller accepts no responsibility for the content of third-party websites to which it establishes a hyperlink, in particular with regard to the protection of privacy.
The rules relating to consumer protection are applicable in the context of relations between the Seller and a Consumer. The liability of the Seller cannot be extended beyond the mandatory legal provisions (Book VI. Market practices and consumer protection of the Code of Economic Law).
In any event, the Seller's liability remains in all cases limited to the sums paid for the order that generated the call for the Seller's liability.
9 - CASES OF FORCE MAJEURE
The Seller shall not be held responsible for the non-execution of orders and/or deliveries in the event of force majeure such as, in particular, disruption or total or partial strike, blockage of road access and means of transport and/or communications, flooding, fire, accident, etc.
10 - PRIVACY AND PERSONAL DATA
The information provided by the Customer is only used by the Seller to process the order.
The Seller is responsible for processing personal data.
The personal data communicated to the Seller is processed for the management of its customers, which includes in particular the management of pre-contractual and contractual relations, as well as the use of data for commercial prospecting purposes (direct marketing). The Consumer may object, on request and free of charge, to the processing of data concerning him/her for commercial prospecting purposes (direct marketing). At any time, the Customer may request the modification of his personal data, deactivate his account and/or request its deletion by sending a specific request to the Seller. The Seller may also refuse a registration or delete an account without having to justify itself.
11 - MISCELLANEOUS
The invalidity of any provision of the General Terms and Conditions does not affect the validity of the other provisions of the General Terms and Conditions and does not entail the invalidity of these provisions.
The Seller retains the possibility of modifying the General Conditions at any time, after informing the Customer. The Customer shall be informed of such changes by e-mail, by means of a notice on the Website or by any other means set up by the Seller. The Customer will be asked to agree to these new general conditions. If the Customer does not agree, the Customer will no longer be able to place an order via the Website. The new terms and conditions shall apply to all new orders.
The Seller may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. Such assignment shall not prejudice the Customers.
The entire content of the Website (including texts, photographs, etc.) is protected by copyright, trademark law and other intellectual property rights. These elements are the property of the Seller or of other third parties with whom the Seller has concluded agreements. Therefore, any copy, publication, reproduction or any other exploitation, infringement in any form whatsoever, is prohibited without prior written permission from the Seller. Any infringement may result in civil and/or criminal proceedings.
12 - APPLICABLE LAW AND JURISDICTION
The relationship between the parties is governed by Belgian law. In the event of a dispute, only the Courts and Tribunals of the Seller's registered office shall have jurisdiction. The language of the proceedings shall be French.