Article 1: Scope of application
1.1. These general terms and conditions of sale on line apply without restriction or reservation to all contractual relations between the société anonyme (limited company) ELITE COIFF and every visitor (whether a natural person or a legal entity, a consumer or a professional) who purchases goods or services via the website www.elitecoiff.be, hereinafter referred to as ‘the client’.
Notwithstanding any contrary stipulation in their general terms and conditions of purchase or sale, the client acknowledges that the acquisition of goods or services via the website www.elitecoiff.be entails not only his express waiver of all his terms and conditions of sale or purchase, but also express acceptance of these general terms and conditions of sale on line.
These terms and conditions may be modified by ELITE COIFF without prior warning or notice. The terms and conditions published when the purchase is made on the ELITE COIFF website apply to the contract.
1.2. All contractual relations as described in Article 1.1 will be subject not only to these general terms and conditions, but also to all the legal notices which can be consulted on the website.
Article 2: Right of withdrawal
2.1. The consumer has the right to inform the company that he withdraws from the purchase, without penalties and without giving a reason, within 14 calendar days of the day after the day of delivery of the goods or the conclusion of the services contract.
2.2. If the right of withdrawal is exercised, the products concerned must be returned to S.A. ELITE COIFF – Rue Plomcot, 6A – 6224 Wanfercée Baulet (Belgium).
2.3. The client will bear the cost of returning the product.
2.4. In the event of withdrawal, S.A. ELITE COIFF will reimburse the client, within 30 days, the full amount of the product, provided that the product has been returned whole, in perfect condition and in its original packaging.
Article 3: Properties of the products and services
ELITE COIFF undertakes to describe and present the articles sold on its website as comprehensively as possible. However, ELITE COIFF cannot guarantee that certain properties of the products and services will not be modified after a certain period of time, in particular in order to improve the quality.
Despite the care taken, errors in the presentation cannot be ruled out. In this case, S.A. ELITE COIFF may not under any circumstances incur liability.
Similarly, photographs of the products on the website are purely indicative and do not entail any contractual obligation in respect of ELITE COIFF. Under no circumstances can ELITE COIFF be held liable for the content or presentation of these photographs of products.
Article 4: Availability of products
The ranges of products and services offered on the website are only valid within the limits of available stocks.
ELITE COIFF may not be held liable in the event of the non-availability of one or more products.
If a product or service is not available when an order has been placed, ELITE COIFF will inform the client of this immediately. If need be, ELITE COIFF will specify the waiting time for receipt of the product. If this waiting time exceeds eight days, the client has the right to cancel his order without cost by sending an e-mail to the address email@example.com or by calling 0032 (0)71 811996.
Article 5: Price – Terms of payment – Late payment
5.1. The prices indicated on the website are prices expressed in euros and include all taxes, taking into account the taxes applicable in Belgium on the day the order is placed. Any changes in these taxes may be passed on to the price of the products or services.
ELITE COIFF reserves the right to modify its prices at any time, it being understood that the price given on the website on the day the order is placed will alone apply to the client.
The prices on the website do not include transport or packaging costs.
5.2. The price is payable upon placing the order.
The payments will be made by credit card; they will be made via the PAYPAL secure system (or any other secure payment means that use the SSL - Secure Socket Layer - protocol) so that the information provided is encrypted by a software program and no third parties are able to gain access to it during transmission on the network.
At the request of the client, a paper format invoice will be sent to him giving, among other things, the VAT number.
5.3. Any late payment will give rise, after formal notice, to the debiting of interest at the legal rate. The client will also owe a flat-rate penalty clause corresponding to 10% of the amount unpaid, which may not exceed € 1,500.
Article 6: Order
The order is placed in several steps which are described in more detail below:
- complete the identification file in which the client will give all the contact details requested or enter his client number if he has one
- complete the on-line purchase order, giving all the references of the products or service chosen
- validate the order after having checked it
- make the payment, complying with the terms and conditions stipulated
- confirm the order and the payment.
Article 7: Delivery and transfer of risks
7.1. The delivery will be made to the address given in the purchase order and in normal working hours. The delivery periods are given for information purposes only. The delivery will be made as quickly as possible and at the latest within a period of 30 days. If S.A. ELITE COIFF does not make delivery within 30 days, the client may terminate the contract and be reimbursed.
7.2. The on-line sale of the products and services present on the website is reserved exclusively for purchasers resident in the BENELUX zone. Deliveries can only be made in this zone.
7.3. S.A. ELITE COIFF retains full ownership of the articles purchased until the client has fulfilled all his obligations, in particular but not only payment of the price plus any interest.
7.4. The risk is transferred to the client when the products are dispatched by S.A. ELITE COIFF.
7.5. If the product suffers damage during transport, the client will have to send his complaint to S.A. ELITE COIFF by recorded delivery within three days of delivery.
Article 8: Liability – Force majeure
8.1. S.A. ELITE COIFF is bound only be a best-effort undertaking in the on-line sale process.
8.2. The liability of S.A. ELITE COIFF cannot be incurred owing to failure to fulfil its contractual obligations in fortuitous circumstances or cases of force majeure.
8.3. The liability of S.A. ELITE COIFF may not be incurred with regard to damage resulting from the use of the Internet network such as the loss of data, intrusion, a virus, service interruption or any other involuntary problem.
8.4. The liability of S.A. ELITE COIFF is limited exclusively to any direct damage and may not be incurred for indirect damage such as, for example, lack of earnings, commercial loss, deficits or any other form of indirect damage which was not reasonably foreseeable when the client consulted the website or concluded the purchase.
Article 9: Warranty
9.1. The consumer client (as opposed to the professional client) benefits from the legal warranty as laid down in Articles 1649bis to 1649octies of the Belgian Civil Code relating to the sale of consumer goods to a consumer, for any lack of conformity of the goods existing when they are delivered and which may appear within a period of two years as of this time.
The warranty will not apply if the reported defect originates in incorrect handling, deterioration or improper use of the product by the client.
9.2. S.A. ELITE COIFF stands surety for the warranty obligation described in point 9.1.
This warranty is limited to the territory of the Benelux.
Any complaint will have to be addressed to S.A. ELITE COIFF at Rue Plomcot, 6A – 6224 Wanfercée Baulet (Belgium).
Article 10: Filing
S.A. ELITE COIFF will file the purchase orders, contracts and invoices in accordance with the applicable legal and accounting provisions for the period required by the law.
These filed data may only be consulted by the website visitor.
Article 11: Invalidity and waiver
11.1. The invalidity of an article in these general terms and conditions does not entail the invalidity of all these terms and conditions.
11.2. If S.A. ELITE COIFF fails to assert or apply these rights as indicated in these general terms and conditions, this omission may not, under any circumstances, be considered a waiver of the exercising of these rights and may not extend or modify in any way the rights and obligations of the parties.
Article 12: Applicable law and competent court
These general terms and conditions are subject to Belgian law.
The contractual relations between S.A. ELITE COIFF and the client are subject to Belgian law.
Any dispute relating to the validity, the interpretation or the implementation of these general terms and conditions and the contract concluded on line will be brought exclusively before the courts of the legal district of the registered office of S.A. ELITE COIFF.