GENERAL CONDITIONS OF DISTANCE SALE
The customer must always read the general conditions of distance selling before placing an order. Any order online or by phone will be considered an explicit acceptance of the terms and conditions of distance selling.
Article 1 – Definitions
For the purposes of these conditions, the following means:
- Reflection period:period during which the consumer can exercise his right of withdrawal;
- Consumer:any natural person who is acting for purposes which are outside the scope of his trade, business, craft or profession;
- Day:calendar day;
- Digital contentsdata produced and supplied in digital form;
- Contract duration:contract for regular delivery of products, services and / or digital content for a specified period;
- Durable medium:any medium – including emails – allowing the consumer or entrepreneur to store information addressed personally to him, in conditions that allow future reference and use for a period adapted to the purpose for which the information is intended, and which also allows the faithful reproduction of the recorded information;
- Right of withdrawal:power given to the consumer to waive the distance contract before the end of the reflection period;
- Seller:natural or legal person who offers products, digital content (or access to it) and / or services or remote assets to the consumer;
- Distance contract: acontract between the seller and the consumer, under which, as part of an organized distance sales, it is made exclusively or partly use of one or more distance communication techniques to conclude the product contract, digital content and / or services;
- Model withdrawal form:European withdrawal form model in Annex I of these terms;
- Distance communication techniquemeans used to enter into a contract without the consumer and the contractor must be physically present in the same place;
Article 2 – Identity of the seller
Vendor Name: AXXENT HR sprl
acting under the banner: CLADDYWOOD
Head office: Route de la Ronde Fagne 74B B-6640 Vaux-sur-Sûre
Phone number: +32 478 257 859
Opening hours: Monday to Friday, 9 am to 5 pm
Article 3 – Scopes
- These general conditions apply to each vendor’s offer and to each distance contract between the seller and the consumer.
- Before the remote agreement is concluded, the text of these general conditions is made available to the consumer. If this provision is not reasonably possible, the consumer will be notified before the distance contract is concluded the availability of the general conditions at the seller; at the request of the consumer, the seller must send them to him free of charge as soon as possible.
- If the distance contract is concluded electronically, before the distance contract is concluded and by way of derogation from the preceding paragraph, the text of these general conditions may be made available to the consumer in electronic format so that it can easily store data on a durable data carrier. If it is not reasonably possible, it is indicated before the distance contract is concluded, where the consumer can read the terms and conditions, and if he asks for it, it should be done obtain free of charge electronically or via another channel.
- If, in addition to these general conditions, specific conditions, specific to the products or services, apply, the second and third paragraphs will also apply, and in case of contradiction with the general conditions, the consumer may always invoke the provisions that are most favorable to him
Article 4 – Offer
- If an offer has a limited validity period or is subject to conditions, it should be expressly mentioned in the offer.
- The offer includes a complete and precise definition of the products and / or services offered. The description is sufficiently detailed to give a good appreciation of the offer to the consumer. If the seller makes use of images, these are a real reproduction of the products offered but are given as an indication and are in no way contractual. Known or obvious errors in the offer do not bind the seller.
- Each offer includes the necessary information enabling the consumer to clearly understand his rights and obligations related to the acceptance of the offer. This concerns in particular:
- price including taxes;
- the possible costs of delivery;
- the performance of the contract and the measures to that effect;
- the application or non-application of the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- the deadline for accepting the offer, or the period during which the contractor guarantees the agreed price;
- the ceiling of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after its completion, how can it be consulted by the consumer;
- the manner in which the consumer can, before the conclusion of the contract, check and, if he wishes, correct, the data he has provided under the contract;
- possible languages, in addition to French, in which the contract can be concluded;
- the codes of conduct to which the contractor is subject, and the manner in which the consumer may consult them electronically;and the minimum duration of the distance contract in case of a transaction of duration
Article 5 – Contract
The General Terms and Conditions are available on our website. When placing the first order over the Internet, all new customers must create a “Customer Account”; a login (username) and a password of at least six alphanumeric characters will be requested. The order placed on our site is automatically canceled in the absence of receipt of the payment unless you have chosen the option of payment by pre-transfer to our bank account. In the latter case, you have a period of 5 calendar days to send us the full payment to our bank account. French is the only language proposed for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be delivered to you on demand in return for the reproduction costs). The contract is validly concluded due to the procedure of “double-click” (able to check the details of your order and its total price and to correct any errors, before confirming it to express your acceptance). The taking into account of your order is confirmed by sending an email automatically generated by our website to the email address indicated when creating the customer account. After this time, the order will be automatically deleted.
At each order confirmation, you will be directed to your account via a secure connection reminding the content of your order. Your order can be modified at any time before its final validation. It will be definitively recorded only after information of the various information and final validation.
- The contract is realized at the moment when the consumer accepts the offer and fulfills the conditions that are related to it.
- If the consumer has accepted the offer electronically, the seller immediately confirms electronically receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the contract is carried out electronically, the contractor shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the contractor will take appropriate security measures.
- The entrepreneur can – within the limits set by law – inquire whether the consumer is able to fulfill his payment obligations, and inquire into the facts and the determining factors to carry out the contract in a responsible manner. If, on the basis of the results of this search, the contractor has good reason not to conclude the contract, he is entitled to refuse an order or a request, or may make the execution subject to special conditions.
- The entrepreneur will send the following information to the consumer with the product or service, in written form or in an accessible form allowing the consumer to keep it on a durable data medium:
- the address of the seller’s establishment where the consumer can make complaints;
- the conditions under which and the manner in which the consumer may appeal his right of withdrawal, or a clearly motivated notice stating that he can not invoke this right of withdrawal;
- information about after-sales service and warranties;
- the conditions for the termination of the contract if the contract has a duration of more than one year or if the duration is indeterminate.
- In the case of a transaction of duration, the provision of the preceding paragraph applies only to the first delivery.
Article 6 Price
The prices appearing on the site are indicated in euros, all taxes included, except expenses of delivery. The amount of delivery charges is calculated automatically according to each order; it appears on the summary of your order, before final registration. For deliveries outside Belgian territory, the provisions of the General Tax Code relating to VAT apply. Any order delivered outside Belgium may be subject to any local taxes, customs duties, sea grants and customs clearance fees upon delivery. Their acquittal is at your expense and is your responsibility.
Check with the competent authorities of the country of delivery.
Article 7 : Payment
Via the website Claddywood, the consumer has the choice between the following methods of payment: credit card (Visa, Mastercard), Paypal or bank transfer anticipatory on the IBAN bank account : BE76 1096 6695 8295 (BIC : CTBKBEBXXXX) opened in the name of AXXENT HR sprl.
In case of transfer, AXXENT HR reserves the right to cancel the order if there is no actual payment within 5 calendar days of the order. An “order” refers to an online purchase that is normally delivered at home. An order is delivered after receipt of the full payment.
As part of the fight against fraud, Our Company may ask you to prove your identity, your home, and the means of payment used. In this case, the processing of your order will take place from the receipt of these documents. Failing receipt of these receipts or in case of receipt of evidence deemed non-compliant, the order may be canceled and the account blocked.
When an advance payment has been stipulated, the consumer can not assert any right regarding the execution of the order or the service (s) in question, before the stipulated advance payment has taken place.
The consumer has the duty to immediately communicate to the contractor any error in the payment data mentioned.
In the event of consumer default, the seller has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 8 Delivery Time.
If no indication, Our Company delivers the property without undue delay and no later than thirty days after the conclusion of the contract. Delivery is made to the address you specified when placing the order.
Delivery means the transfer to the consumer of physical possession or control of the property. In the event of failure of Our Company to its obligation of delivery of the goods within the indicated deadlines or, failing that, at the latest thirty days after the conclusion of the contract, you can solve the contract, by registered letter with request for acknowledgment of receipt or by writing on another durable medium, if, after having enjoined us, under the same conditions, to make the delivery within a reasonable additional time, Our Company has not executed within this period.
The contract is considered resolved upon receipt by Our Company of the letter or writing informing it of this resolution, unless Our Company has been executed in the meantime.
Article 9 : Transportation.
Any risk of loss or damage to the goods is transferred to the buyer at the moment when the latter or a third party designated by him, and other than the carrier proposed by Our Company, physically takes possession of these goods. When the buyer entrusts the delivery of the goods to a carrier other than the one designated by Our Company, the risk of loss or damage to the goods is transferred to the buyer upon delivery of the goods to the carrier.
You must refuse the delivery if the goods are damaged, missing or if the parcel was opened or repacked (except passage through customs). In the event of loss or damage, you must make precise and detailed written reservations on the carrier’s delivery note in the presence of the carrier or his employees; you must then send the carrier a registered letter containing the reservations, within 3 days of delivery and notify us without delay
Article 10 : Compliance and warranty
- The seller guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of soundness and / or usability. If the parties have agreed, the seller also ensures that the product is suitable for a purpose other than the normal use.
- A warranty offered by the seller, manufacturer or importer does not detract from the rights and claims that the consumer may assert to the seller under the contract.
Article 11 – Right of withdrawal
The consumer has the right to inform AXXENT HR sprl that he withdraws from the purchase without having to pay a penalty and without having to provide a reason for his decision within fourteen (14) calendar days following the day following the delivery of the good or the conclusion of the service contract.
The consumer does not have the right to withdraw from the purchase if it is clear that the delivered products have been used or the products have been returned without adequate protection, in other words in their original packaging, in Perfect condition for resale (not damaged, undamaged or unstained by the customer) and with any accessories.
The consumer also does not have the right of withdrawal for products :
- that have been made by the seller in accordance with the specifications of the consumer;
- which are clearly of a personal nature;
- which, by their nature, can not be returned;
- which are likely to deteriorate or expire quickly.
During the cooling off period, the consumer will take all necessary precautions to keep the product and packaging intact. It will only unpack the product if it is necessary to be able to evaluate if it wishes to keep it.
Professionals, natural or legal persons subject to VAT do not have this right of withdrawal
Article 12 – Costs in case of withdrawal
- If the consumer makes use of his right of retraction, he will not have to pay as much as the expenses of redirection.
- If an amount has been paid by the consumer, the contractor will refund this amount as soon as possible, but no later than 30 days after the mailing or retraction.
Article 13 – Complaints
After receipt of the order, the customer is obliged to immediately inspect the goods delivered. Any visible damage and / or qualitative defect of an article or other non-delivery must be communicated immediately in writing, under penalty of forfeiture of any right
Interior cladding products sold on the site are claddywood hand-made by our carpenters from recycled wood. Wherever possible, all our parts are calibrated and controlled. Wood is a living product, it is possible that over time these pieces are constrained from expansion / retraction. The warranty does not cover these natural phenomena and no claim will be accepted for this
Complaints concerning the performance of the contract must be submitted to the seller in due time, with a clear and complete description, after the consumer has established the defect.
Claims submitted to the seller are answered within 14 days of receipt. When it is foreseeable that the complaint will require longer processing, the seller sends within 14 days an acknowledgment of receipt specifying the time within which the consumer can expect a more complete response.
When the complaint can not be resolved in consultation within a reasonable time or within 3 months of the filing of the complaint, a litigation file is opened
Article 14: Protection of privacy
Article 15 – Derogations and additional provisions
Any derogation and additional provision to these terms and conditions can not be established to the detriment of the consumer. It requires the written form or must be accessible to the consumer and archived on a durable data medium.
Article 16 – Modification of the general conditions
Any modification of these terms and conditions will only come into force after its proper publication, it being understood that in the event of any amendment applicable during the term of an offer, the most favorable disposition to the consumer will prevail.
Article 17: Applicable Law
If one or more provisions of these general conditions of sale are considered invalid or are declared invalid under any legal or administrative provision, or the final judgment of a competent court, the other provisions remain in full force. Any invalid provision can be replaced by AXXENT HR.
Only Belgian law applies to all rights, obligations, offers, orders and contracts to which these conditions apply, as well as to these conditions. In case of dispute only are competent courts of the district of Neufchateau of establishment of the seller.
For any additional questions regarding these terms and conditions, please contact AXXENT HR, which will try to answer them as soon as possible.