Our Terms and Conditions of Online Sale
Article 1: Preamble
The present conditions of sale are applicable to all the contracts concluded between on the one hand, the company Rhea's SOKO whose registered office is located at 206 box 301 Chaussée d’Hondzocht in 1480 Tubize, Belgium, registered with the Banque Carrefour des Entreprises under the Number 0841.434.913 hereinafter referred to as "the vender" and, on the other hand, any professional buyer or any consumer wishing to make a purchase via the vender's website, hereinafter referred to as "customer".
In these general conditions:
Article 2: Purpose
These conditions of sale are intended to define the contractual relationship between the vender and the customer and the conditions applicable to any purchase made through the vender's site, whether the buyer be professional or consumer.
The acquisition of a product through the present site implies an unreserved acceptance by the customer of these terms of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by the vender.
The vender reserves the right to modify these conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by customer.
Article 3: Characteristics of the offered goods
Products and services offered are those that appear in the catalogue published on the site of the vender
Each product is accompanied by a description provided by the supplier.
The photographs of the catalogue are provided strictly for informational purposes and do not have a contractual nature.
Article 4: Rates
The prices of products and services displayed on the site are indicated in euros’ currency and all taxes are included.
The prices indicated do not include transport costs, these being the subject of an additional post cost, when ordering but before payment.
The vender reserves the right to change prices at any time. However, the prices applicable to the order are those in effect at the time of the confirmation thereof.
Article 5: Orders
The customer who wishes to buy a product or a service must obligatorily:
The sale is deemed completed when the customer confirms the order.
No shipment will be made without confirmation of the order and receipt of full payment of the order.
Products and services are offered within the limits of available stocks. In case of unavailability of an article, the vender will inform the customer by email as soon as possible. The customer will have the possibility of choosing between waiting (in case of temporal unavailability) or cancelling without charge the order of the unavailable articles.
Article 6: Right of withdrawal
In accordance with the law, the consumer has the right to notify the vender that he/she renounces his or her purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the product. This right of cancellation does not apply to the professional buyer.
Within this period, the consumer must notify his or her intention to cancel or discontinue the order by e-mail and return, at his/her expense and risk, the delivered product to the administrative headquarters of the vender at 206 box 301 Chaussée d'Hondzocht 1480 Tubize, Beligium.
Products must imperatively be returned in their original packaging, undamaged, accompanied by all their accessories, the user manual and the invoice / original delivery note.
Products thus returned must not have been unpacked, unsealed, or used in any way.
Goods that are incomplete, damaged or spoiled by the customer will not be taken back.
Within 30 days, after acceptance of the returned goods, the vender agrees to refund the eventual payment, except for shipping costs.
The consumer cannot exercise the right of renunciation for the contract if:
supplied the products were made to the specifications of the consumer or clearly personalized.
Article 7: Terms of payment
Payment is made on the website via the proposed payment platforms including Maestro, Visa, MasterCard, AmericanExpress and PayPal.
The ordered items remain the exclusive property of the vender until full payment of the order by the customer.
Article 8: Deliveries
Delivery, which is our responsibility, is made by means of our choice (BPost or DHL), unless otherwise agreed in writing. Deliveries are made to the address indicated on the order form. The pick-up by the customer at the vender's deposit is excluded.
In case of absence by the customer during delivery to the address given, the products or goods may be removed at the place and in the manner described on the notice of passage left by the delivery services. By default or if the customer fails or refuses to take delivery of the goods ordered, the vender reserves the right to demand fulfil of the contract or to consider, after formal notice, that the contract is terminated in full right of law for the wrong doing of the customer. In the latter case, the vender will retain an amount equal to thirty (30) percent of the selling price as compensation.
In case of sale to the consumer, the goods are transported at the risk of the vender until the delivery to the address specified by the buyer. From that moment, the customer assumes the risks alone. In the event that the delivered goods are damaged, the customer is obliged to refuse the goods or to accept them only with a reservation written on the carrier's delivery note, to be completed jointly by the customer and the carrier. Any claim relating to the delivered goods must be received by the vender within 5 days after the date of receipt. The complaint must be sent by registered letter exclusively to the company's head office at 206 box 301 Chaussée d'Hondzocht at 1480 Tubize, Belgium and be accompanied by a copy of the purchase invoice and the delivery note completed with the written reservation above-mentioned. After this period, no later claim for apparent defects will be taken into consideration.
In case of sale to a professional buyer, transportation is at the risk of the buyer.
Delivery times given by the vender are strictly indicative.
In all cases, the following circumstances release the vender from his obligation with regard to time limit:
Article 9: Guarantee
With regard to consumers, the vender guarantees that the products he or she sells are in accordance with the law of September 1, 2004 on the protection of consumers in case of sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code).
The consumer who finds the non-conformity of a product sold within 2 years of the delivery of the product must notify the vender within 2 months of the finding by registered letter or e-mail.
This warranty covers only the defects of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, falling or shock, negligence and wear, are not covered by the warranty. Similarly, repairs performed by technicians not approved by the supplier, will result in the cancellation of the warranty.
The invoice or the delivery note acts as a guarantee and must be kept by the consumer and produced in original.
The professional buyer benefits from the manufacturer's warranty.
Article 10: Responsibilities
The vender, in the process of selling online, is bound only by an obligation of means; he or she cannot be held liable for any damage resulting from the use of the Internet and online payment such as loss of data, intrusion, viruses, loss of service, or other involuntary problems.
The data included on the site are given in good faith. The proposed links to the sites of the manufacturers and / or partners are given for informational purposes and have no contractual value. The vender cannot be held responsible for the information on these sites.
The customer is responsible for the choice and the use of the product delivered by the vender. He or she certifies to be 18 years old when ordering. The vender declines any responsibility in case of inaccurate information communicated to him or her by the customer.
Article 11: Proof
The parties accept, within the framework of their relations, electronic means of proof (for example: email, computer backups, ...).
Article 12: Dispute Resolution
Except in the case of payment claims, the parties undertake to attempt to resolve by mediation or judicial conciliation any dispute relating to the validity, interpretation or performance of the contract.
It shall begin no later than fifteen (15) working days after the request for mediation or judicial conciliation notified by one party to the other. The duration of the mediation cannot exceed thirty (30) working days, except with the express agreement of the parties.
In the prospect of an amicable settlement of a possible litigation arising from a contract for the sale of goods or services online, the consumer who wishes, can also directly contact our services (firstname.lastname@example.org) or call on the online dispute resolution platform set up by the European Commission and available at the following navigation address: https://webgate.ec.europa.eu/odr.
The vender also certifies that she or he is not affiliated with an out-of-court settlement of disputes.
In case of lawsuit in payment or of failure of the procedure of extra-judicial settlement, of judicial mediation or judicial conciliation, are only competent the courts on which depends the headquarters of the vender, except imperative legal prescription in opposite sense.
The present conditions of online sale and the contract of sale are subject to the Belgian law.
Article 13: Saving Clause
If one or more articles of these general conditions of sale must be invalidated for any cause, this circumstance would not have the effect of making this contract null and void as a whole, or to prevent execution of the other provisions.
In the event that the disputed provision affects the very nature of these general conditions, each of the parties will endeavour to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as close as possible to the effect of the cancelled provision.