General terms and conditions for online sales
Article 1: Preamble
These present general terms and conditions for sales are agreed upon, on one hand, by the company Gianfranco-C SPRL whose registered office is Avenue Venizelos 8-1070 Anderlecht, registered with the Banque Carrefour des Entreprises under the number 0830 380 574 hereinafter "the seller" and, secondly, by any person or entity wishing to make a purchase via the website of the seller, hereinafter the "buyer".
Article 2: Subject
The current terms and conditions of sale aim to define the contractual relationship between the seller and the buyer and the conditions that apply to all purchases made through the seller's site, by the buyer, whether he is a professional or a consumer. The acquisition of goods or service through this site implies a full acceptance by the buyer of these conditions of sale. These conditions shall prevail over any other general or special conditions not specifically approved by the seller. The seller reserves the right to modify these terms and conditions at any time. In this case, the applicable conditions will be those that are in effect on the date of the order by the buyer.
Article 3: Characteristics of goods and provision of services
The products and services offered are those listed in the catalog published on the seller’s website. Each product is accompanied by a manual containing the primary characteristics of the product. The photographs in the catalog are as accurate as possible, however, they may not reflect a perfect similarity with the product, especially with regard to color. These products and services are offered within the limit of stocks available. If, despite their efforts, or if all of the items are unavailable, the seller shall inform the buyer by email as soon as possible and shall offer the possibility to choose between waiting or canceling the order without charge for the unavailable articles. Available items will be delivered in accordance with Article 9 of these conditions.
Article 4: Rates
The prices of products and services on the site are indicated in euros including all taxes (VAT and other taxes). The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in effect at the time of confirmation of said order. Prices do not include order processing, transportation and delivery if they occur in the geographical areas set out below.
Article 5: Geographical area
The online sale of products and services presented to the seller's site is for deliveries in the following geographical areas: Belgium, France, the Grand Duchy of Luxembourg and the Netherlands (excluding overseas territories).
Article 6: Orders
The buyer, who wishes to purchase a product or service is required to: - fill in the identification form on which is shown all the data requested or giving customer number, if one is available; - complete the online order form giving all the references of selected products or services; - validate the order after reviewing it ; - make payment as provided; - confirm the order and payment. The confirmation of the order implies acceptance of these terms of sale, recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions. All the recorded and supplied data confirms valid proof of the transaction. Confirmation implies signing and acceptance of transactions. The seller will email confirmation of the recorded order.
Article 7: Right of withdrawal
In accordance with existing law, the consumer has the right to notify the seller that he renounces the purchase without penalty and without giving any reason, within 14 working days from the day after delivery of the product or the conclusion of the service contract. This right of withdrawal does not belong to the professional purchaser. Within this period, the consumer must notify his intention to withdraw by e-mail or via the withdrawal form available online and return said form, at his expense and risk, the product must be delivered to the administrative headquarters of Gianfranco-C: Venizelos Avenue 8 at 81070 Anderlecht. Products must, without fail, be returned in their original packaging, undamaged, with all their accessories, the manual and the invoice / original delivery document. The products returned must not have been unpacked, unsealed or used in any way. Incomplete goods and damaged or soiled goods received from the customer will not be accepted. Within 14 days after acceptance of the return of the goods, the seller agrees to repay the appropriate payment, excluding shipping.
Article 8: Terms of payment
Payment is by credit card, Visa or Mastercard at the latest during the validation of the order. Ordered items remain the exclusive property of the seller until full payment of the order is made by the buyer.
Article 9: Deliveries
Deliveries are made to the address indicated on the order form which can only be in the area agreed (see Article 5 of these conditions). The merchandise is transported at the risk of the seller until the goods are delivered to the delivery address specified by the purchaser. From that time, the buyer assumes all risks. Delivery times are given for information only; if they exceed thirty days of the order, the sales contract may be terminated and the buyer reimbursed.
Article 10: Warranty:
With regard to consumers, the seller guarantees that the products he sells are in accordance with the law dated September 1, 2004, which relates to consumer protection in cases of sale of consumer goods (Article 1649 to 1649g of the Civil Code). In case of non-compliance of a product observed as sold, within 2 months of delivery of the goods, the consumer must notify the seller in detail as soon as possible by registered letter or email. This warranty covers only defects existing compliance at the delivery of goods. Defects or damage from misuse, such as water, oxidation damage, dropping or shock, neglect and wear are not covered by the warranty. Similarly, the repairs made by technicians that are not authorized by the supplier, will result in the cancellation of the guarantee. The invoice or delivery act as a guarantee and must be kept by the consumer and in its original form.
Article 11: Responsibility
The seller, in the online sales process, is only bound by obligation; they cannot be held liable for damages resulting from the use of the internet such as data loss, hacking, viruses, breaks in service, or other unintended problems. The data presented on the site are also given in good faith. The links to manufacturers’ sites and / or partners are given for information purposes only. The seller cannot be held responsible for information from these sites.
Article 12: Intellectual property rights
All site components are and remain the exclusive intellectual property of said seller. No-one is allowed to reproduce, use, distribute, or use, for any purpose whatsoever, even partially, components of the site, including the software, video or audio. Any single link or hyperlink is strictly prohibited without the express prior written consent of the seller.
Article 13: Personal data
All personal data required for processing an order are retained by the seller or his employees and can be transmitted to companies with which the seller - or his suppliers - is working, where such disclosure is necessary to process orders. The user also otherwise authorizes the seller to use his data to establish statistics to improve its site, property and the service it offers. This information can also be used to enable dissemination by any means of communication, including information relating to the commercial activities of the seller to its customers. The seller retains personal data to facilitate future orders. The seller undertakes to not disclose information available to another company without prior agreement of the buyer. Data retained by the seller may be available at any time and can be corrected upon request.
Article 14: Evidence
The parties agree, as part of their relations, to the retention of electronic evidence (to (for example: email, computer backups, ...).
Article 15: Settlement of disputes
The present set of terms and conditions for online sales are subject to Belgian law. In case of dispute, the courts of the seller's headquarters shall have jurisdiction, unless public policy or mandatory provisions apply.
Avenue Venizelos 8
BE0830 380 574
GSM : +32 475 429417