GENERAL TERMS AND CONDITIONS OF SALE

1 - PRESENTATION – DEFINITIONS

      1. The Seller: SPRL COL & MACARTHUR, whose registered office is at RUE DU PONT 8/A - 4690 ROCLENGE-SUR-GEER, registered in the CBE under No. 536.659.923 (VAT BE 0536.659.923)
      1. The Seller can be contacted by postal mail at its registered office address, at its email address contact[@]colandmacarthur.com and by phone +32478 26 97 30, as well as via a contact form.
      1. For application of these general terms and conditions of sale, the following definitions apply:

-               Goods: the products sold by the Seller

-               General Terms and Conditions: These general terms and conditions of sale

-               Customer: Any entity (a professional or a consumer) who orders a Good on the Website

-               Consumer: any person who acquires a Good for purposes which must not be of a professional nature;

-               Website: the Seller’s Website, namely https://colandmacarthur.com

 

2 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

Use of the Website, as well as any order sent to the Seller necessarily implies, as an essential and decisive condition, unreserved acceptance of the General Terms and Conditions of sale by the Customer, which alone apply, to the exclusion of any others, except where expressly provided for to the contrary. Only adults with legally capacity may use the Website and place orders.

3 - PRICES

Unless otherwise stated, the prices stated on the Website include VAT but exclude delivery costs. In some cases, including deliveries outside Europe, VAT may not be applicable (for more information, contact the Seller).

The prices stated in foreign currencies are communicated as an indication only. The price in euros is authoritative. The price in a foreign currency may vary on the basis of the conversion rate applied by the financial institutions on the day of the order. No claim will be accepted due to this variation. The Customer must pay all costs related to a transaction in a foreign currency.

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 when the order is confirmed. Any disagreement regarding the price must be made in writing and sent to the Seller’s registered office within 15 days of the payment.

Promotional codes and other reductions are only valid for the stated period and subject to compliance with the conditions laid down. These cannot be combined.

For any order, payment in cash is required and any late payment will attract, automatically and without notice, the payment of interest at the legal rate, from the due date of the invoice, as well as compensation of 10 % of the amount due, with a minimum charge of €100.

Unless otherwise specified, the invoice will be sent to the Customer by email.

As an exception to Article 1583 of the Civil Code, the Goods remain the exclusive property of the Seller until payment in full of its invoices. Notwithstanding this retention of ownership condition, all risks of loss and damage relating to the Good in question are transferred to the Customer on taking possession of it.

4 - (PRE-)ORDERS

4.1.      Order

To place an order on the Website, various items of information must be provided (including the invoicing and delivery address, a phone number, etc.). Each Customer alone is responsible for the information provided and its accuracy. A customer account may also be created. Each Customer must ensure they protect their account against any fraudulent use. In particular, this protection involves creating a sufficiently complex and strictly confidential password. The Customer must inform the Seller as soon as possible of any fraudulent use of their account.

The Order and production of the Good are validated only after receipt by the Seller of the payment made by the Customer, through the proposed payment systems, and communication of a confirmation email (if the Customer has provided a valid email address). For payment by bank transfer, a period of a few days may be necessary to confirm that payment has been received.

4.2.      Pre-order and deposit

When pre-orders are possible, the Seller may cancel the sale at any time, including if a deposit has been paid, subject to fully refunding the deposit to the Customer, with no right for the latter to claim any compensation.

Subject to the right of withdrawal granted to Consumers, a pre-order (validated by the payment of a deposit) may not be cancelled by a Customer.

 

4.3.      Stocks and promotion

The Goods are offered within the limit of available stocks. Where promotions are organised for certain goods, within the limits of its means and the forecasts made, the Seller will ensure it has sufficient stocks to deal with the demand.

4.4.      Customisation.

The Customer may choose to customise the Good, with an engraving. In this case, the Good will be made according to the Customer’s specifications or clearly customised and therefore will not be eligible for the right of withdrawal.

5 - DELIVERY

Delivery of the Good is made by the Seller (or a third party designated by it), using the means of transport it has chosen, in the delivery areas that it allows, to the address provided by the Customer. The Goods travel at the Customer’s risk regardless of the chosen means of transport (see also Article 7, “claims”).

5.1.      Delivery lead time

Delivery lead times are indicated as an indication only and calculated only from the date of the actual receipt of the Customer’s payment (where payment is by bank transfer, additional time may be necessary). No exceedance of the delivery lead time will give rise to damages or any refund. No delivery takes place at weekends and on public holidays.

5.2.      Delivery address

Delivery may take place only in the geographical areas validated by the Seller. For some areas, the Seller will contact the Customer to determine the best delivery system to use (particularly when the postal system is known to be defective or non-existent). In this case, additional costs may be charged to the Customer (insurance and/or a particular postal service).

The Customer alone is responsible for the delivery data provided and must communicate all useful information. If the data provided by the Customer to the Seller are incomplete and/or inaccurate, the Seller may not be held responsible for the inability to deliver the Good and the Customer will not be entitled to any refund.

For deliveries to a place elsewhere than to a private home (office building, hotel, etc.), delivery is only guaranteed up to the reception desk / the lobby.

5.3.      Second delivery

If, for any reason (absence, incorrect address, etc.), the Customer has not taken delivery of the Good and it is returned to the Seller, the cost of the second delivery will be invoiced to the Customer.

6 - WARRANTY AND REPAIR

6.1.      For Consumers:

The Goods are guaranteed against visible defects and lack of conformity, subject to compliance with Article 7 of the General Terms and Conditions (“claims”).

In accordance with the legal requirements, new goods are guaranteed against any lack of conformity for a period of two years, as of provision of the Good by the Seller to the Consumer. If the lack of conformity appears after a period of six months of delivery of the Good, evidence of the existence of the defect at the time of the delivery must be demonstrated by the Consumer. A Good is conformant if it meets the conditions provided for in Article 1649 ter of the Civil Code.

In the event of a lack of conformity, the Consumer will be entitled, unless this is impossible or disproportionate, to require the Seller to repair the Good or replace it, in a reasonable time, and without cost or major inconvenience to the Consumer. If the Consumer is neither entitled to have the Good repaired or replaced, or if the Seller has not completed the repair or the replacement within a reasonable period or without major inconvenience to the Consumer, the latter will be entitled to require the Seller to grant an appropriate reduction of the price or, in the event of a serious defect, to terminate the contract, but excluding any claim for additional damages. A worsening of the damage resulting from use of the Good by the Consumer after they have observed the lack of conformity (or should have observed it) will be taken into account.

This clause does not impair the hidden defects warranty of the thing sold, as laid down in Articles 1641 to 1649 of the Civil Code and the specific provisions of the General Terms and Conditions.

6.2.      For professionals:

Subject to the provisions of Article 8, hidden defects are covered by the warranty for a one-year period, as of the provision of the Good by the Seller to the Customer. After one year, the statutory warranty applies if the hidden defect existed on delivery and provided it makes the Good unfit for the use for which it is intended or it significantly decreases its use.

The Customer must report the hidden defect to the Seller, by registered letter, promptly and in any event within a 7-day period from when they have observed this defect or should normally have observed it. The Seller will decide, at its sole discretion, the most appropriate method to rectify the defects or to the non-conformity, either a refund of part of the purchase price, or replacement of the Good, or cancellation of the Sale, without the Customer being unable to claim any other compensation.

6.3.      Limitations

The Seller disclaims liability for damage caused by the use of the Good, whether the damage is caused to the Customer, to its property or to third parties, even during the warranty period.

Goods to which damage is caused intentionally or by negligence (breakage, humidity, inadequate temperature, oxidation, liquid ingress, electrical surges, fire, or any other case of force majeure) and Goods showing marks of opening (or repair and/or changes made by a third-party not authorised by the Seller) are excluded from the warranty; similarly, this warranty does not apply where damage results from wear, carriage, poor use and/or non-compliance with the instructions contained in a user manual.

No application of the warranty may have the effect of extending its duration.

6.4.      Repair

If the Good is no longer covered by the warranty, but it no longer works correctly, the Seller will make a technical team available to the Customer offering a fast repair.

Any repair will be subject to a quotation first being sent to the Customer (minimum cost of €60 + carriage costs of at least €20 if outside Europe).

7 - COMPLAINT - RIGHT OF WITHDRAWAL

7.1.      Complaint

The Good must be examined on the delivery day, to check whether it matches the order placed. Subject to forfeiture, any reservation with regard to it must be stated on the delivery note and reported, in writing with acknowledgement of receipt, to the Seller's registered office. Subject to forfeiture also, any complaint must be accompanied by a copy of the invoice and the delivery note and be duly documented and supported.

Complaints must be made by the Customer promptly, i.e. in accordance with the legal time limits for Consumers (2 months from the date of observing the defect) and the delivery date for professionals. After this time, the Good is assumed to have been accepted definitively and visible defects are assumed irrevocably to be non-existent.

7.2.      Right of withdrawal (only applicable for Consumers)

Except for customised Goods (see below), the Consumer has a 14-day period to withdraw from the contract without having to justify their decision and without incurring costs other than those of delivery to return the Good to the Seller’s registered office. The 14-day period starts to run from the delivery date of the Good. After the 14-day period, the Seller will no longer be able to accept the return, and may return it to the Consumer (provided the latter bears the delivery costs).

To exercise their right of withdrawal, the Consumer must inform the Seller in writing of their right of withdrawal decision, with acknowledgement of receipt, before expiry of the 14-day period, by one of the following ways:

-                use of the withdrawal form model in Annex 2 of Book VI. (“Market Practices and Consumer Protection”) of the Economic Law Code

-               make another statement devoid of ambiguity setting out their decision to withdraw from the contract

A Consumer who uses their withdrawal right must return the Good to the Seller, within 14 days of the communication of their decision to withdraw from the contract. The Consumer will bear the direct costs incurred by the return of the Good as well as the risks associated with this return.

Without prejudice for the Consumer to carry out the required actions to enable them to establish the nature of the Good, its characteristics and its proper operation, the Goods must be returned to the Seller in a new state, in their original packing also in perfect condition, without having been used. If the Consumer uses the Good before expiry of the 14-day period, they waive their right of withdrawal. The returned Good must necessarily be accompanied by the invoice and the delivery note. Any return whose sender cannot be identified will be refused.

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 payment means as that used for the original transaction, and provided that all the return terms have been strictly complied with and the Seller has recovered the Good. The amount refunded will in all cases be limited to the amounts actually paid by the Consumer. The Seller will not refund the additional costs relating to the choice of delivery method other than the least expensive standard delivery method that it offers.

For customised Goods (watch with engraving), the Consumer may not exercise the right of withdrawal provided for in the General Terms and Conditions. The Consumer may not return the Good or claim it is refunded or any compensation.

8 - LIABILITY

The Goods offered for sale on the Website are accompanied by a description prepared by the Seller and illustrated by photographs that have an illustrative value and are not contractual. The photographs are as faithful as possible but cannot guarantee perfect similarity with the Good, in particular with regard to the colours and/or dimensions. The Seller may not be held liable for errors which may appear in the texts and photos used for describing Goods.

The Seller disclaims all liability in the event of damage and/or direct or indirect harm (operating loss, loss of profit, loss of opportunity, etc.) which may result from faulty workmanship, a malfunction or (unsuitable) use of the Goods, except in the event of intentional fault. Likewise, the Seller may not be held liable for damage and/or a direct or indirect harm except [AP1] arising from its gross negligence or intentional fault or gross negligence by its employees and/or agents.

The Seller disclaims all liability in the event of incomplete delivery information and/or a refusal to take delivery of the Good.

As regards the Website, the Customer uses it at its own risk. The Seller provides the Website in its current state, with all its imperfections and according to its availability. The Customer acknowledges and accepts that IT and telecommunications systems are not free from defects and that interruptions of service may arise. The Customer is alone responsible for the information that it transmits via the Website and the consequences thereof. The Seller accepts no liability for the information provided by the Customer when creating an account and/or all other information encoded via the Website by the Customer. The Seller disclaims any liability in the event of loss and/or disclosure to third parties of the information communicated by the Customer via the Website. The Seller cannot guarantee that transmission of data via the Website or other telecommunication systems is not monitored, recorded or altered by third parties. The Seller disclaims all liability regarding the content of third-party sites to which a hypertext link may be established, in particular in relation to the protection of privacy.

The rules relating to consumer protection apply to relations between the Seller and a Consumer. The Seller’s liability may not be more than the mandatory legal provisions laid down in the Law (Book VI. Market Practices and Consumer Protection of the Economic Law Code).

In any event, the Seller’s liability is in all cases limited to the amounts paid for the order that has resulted in the invocation of the Seller’s liability.

9 - FORCE MAJEURE

The Seller may not be held liable for not fulfilling orders and/or making delivery in the event of force majeure such as disruption or a total or partial strike, in the event of a blocking of road access and means of transport and/or communications, flood, fire, accident, etc.

10 - PRIVACY AND PERSONAL DATA

The information provided by the Customer is used only by the Seller to process its order.

The personal data controller is the Seller.

The personal data communicated to the Seller are processed to manage its clientele, which includes, in particular, management of the pre-contractual and contractual relations and use of the data for commercial prospecting (direct marketing). The Consumer may object, on request and free of charge, to their personal data being used for commercial prospecting (direct marketing). At any time, the Customer may request their personal data are changed, that their account is deactivated and/or is deleted by sending a specific request to the Seller. The Seller may also refuse a registration or delete an account without having to give any reasons.

11 - VARIOUS

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 result in the invalidity of these provisions.

The Seller retains the right to change the General Terms and Conditions at any time, subject to informing the Customer of this change. Informing the Customer will be by email, via a notification on the Website or via any other means set up by the Seller. The Customer will be asked to accept these new general terms and conditions. If they do not agree, the Customer will no longer be able to order through the Website. The new General Terms and Conditions will be applicable to any new order.

The Seller may assign, transfer its rights and obligations or dispose of them, in any way, in whole or in part, at any time and without notice. This assignment may not harm Customers.

All the contents of the Website (including the texts, photographs, etc.) are protected by copyright, trade mark rights and other intellectual property rights. These elements belong to the Seller or other third parties with which the Seller has concluded agreements. As such, any copy, publication, reproduction or any other use or infringement of whatever form, is prohibited without the Seller’s prior written permission. Any breach may result in civil and/or criminal proceedings.

12 - APPLICABLE LAW AND JURISDICTION

Relations between the parties are governed by Belgian law. In the event of a dispute, only the Courts and Tribunals of the Seller’s registered office have jurisdiction. The language of the proceedings will be French.