GENERAL TERMS AND CONDITIONS OF ONLINE SALE FOR EDMUNDS SPRL
SECTION A: SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
The activity of Edmunds SPRL is online sale of products on the internet web site www.edmunds.be.
The following terms and conditions of sale apply to all offers, the purchase and other transactions sold on the Edmunds SPRL site.
Present general terms and conditions of online sale can be consulted on the page http://www.edmunds.be.
By placing an order on the Edmunds SPRL website, the Customer agrees to purchase the products and/or other transactions under the present terms and conditions and to fully accept them.
Edmunds SPRL invites all Customers to take note of the general terms and conditions by clicking on « I AGREE » at the bottom of the page general terms and conditions to continue your purchase.
If you don’t agree, it will not be possible to proceed to the payment of your purchase.
If you register, you can buy directly without following the process mentioned above, because you accepted them once and for all, except modification of these terms and conditions which will be notified on the website.
The fact not to take note of our general terms and conditions of online sale in the Customers mother tongue, cannot lead to their non-inviolability towards the general terms and conditions, which are proposed in two languages (French/English).
SECTION B: MODIFICATIONS OF THE GENERAL TERMS AND CONDITIONS
Edmunds SPRL notifies the Customer that they reserve the right, at any time, to modify these terms and conditions.
Edmunds SPRL notifies the Customer, that he will not be personally informed of possible modifications and it is up to the Customer to verify regularly on the website if modifications occurred, which will be announced on the homepage.
SECTION C: DEFINITIONS
To apply the present terms and conditions, we understand:
« Edmunds SPRL»: Edmunds SPRL Limited Liability Company headquarters is established at Avenue Louis Gribaumont 32, 1150 Bruxelles, Belgium and registered at the BCE under the number 0664.722.687 who is the user of present conditions.
«Products »: the products available for purchase and shown on the website www.edmunds.be and the Customer can purchase by clicking on the appropriate buttons.
« Order »: the internet page names« your basket » which appears by clicking on « add to basket » and which resumes the list of products and the total of all purchases. «Contract »: the contract made up of present terms and conditions and the Order the Customer concludes in the frame of an online sales system via www.edmunds.be
« Personal data »: all personal data from the Customer (name, first name, credit card number, invoice address, delivery address etc.…) transmitted to www.edmunds.be to allow them to carry out the order.
« Login »: the email address of the Customer when he registers. This email address will have to be completed any time he registers on the website.
« Delivery »: the operation when products are actually delivered by Edmunds SPRL to the Customer.
« Password »: the personal and confidential password, chosen by the Customer when he registers, and he has to introduce when Edmunds SPRL invites him to do so.
« Price »: the price of each product including VAT
« Site »: the internet website of Edmunds SPRL which address is www.edmunds.be
B/ GENERAL CONDITIONS
ARTICLE 1: ARTICLES – OFFERS – ORDERS
The distinctive features of each product are described on the appropriate pages of the website.
Photos, product information, size, colors presented on the website, will be as look-alike as possible, but cannot assure the perfect resemblance with the presented product.
Single inaccuracy, errors or omissions which could subsist in spite of all precautions, cannot be invoked.
The special offers will be available when shown on the website and are subject to stock availability.
Edmunds SPRL will not accept any orders:
- from anybody under 18 years of age;
- if Edmunds SPRL cannot define if the given address is correct.
The Buyer who wishes to purchase a product is obliged to:
- fill in the identification form, with all personal data requested or to give his customer number if he has one;
- fill in the online purchase order by giving all references of the chosen products;
- approve his order after verification;
- carry out the payment under specified conditions;
- confirm the order and payment.
- Confirmation of the order involves full acceptance of the present terms and conditions, recognition of having full knowledge of them and relinquishment of one’s own conditions of purchase or any other condition.
- All data provided, and the recorded order confirmation will constitute proof of the transaction. The order confirmation will be the equivalent of a signature and will signified acceptance of the operations executed
- Edmunds SPRL will communicate by email to the Customer that the order has been made and registered.
ARTICLE 2: PRICE AND DELEVERY COSTS
- The prices of the products that appear on the website Edmunds.be will be the applicable price for the Customer on the day of the order. The prices are stated in € (Euros) inclusive of taxes (including VAT). Any change of the applicable VAT rate can have an impact on the price of the products. However, prices will not be modified when the order of the Customer is confirmed. Prices will not include order processing costs and delivery costs: those will be separately indicated, next to the total cost of the order in the limit of the Euro Zone and will be at charge of the purchaser according to the actual cost outside the limit of the Euro Zone.
ARTICLE 3: PAYMENTS TERMS
- Payment is due upon placement of order
- The website edmunds.be is subject to one of the most efficient security systems at this time and allows an optimal protection of all sensitive data linked to means of payment.
Edmunds SPRL will never have access to any bank account information of the Customer. That is why all data will be asked at each new order. Only Stripe will dispose of confidential information necessary to the transaction and inaccessible to a third party.
Payments will be carried out by bankcards: either by PAYPAL security system allowing to scramble any information linked to the use of the card while executing a payment online via the website, either by credit card, Maestro, MasterCard or Visa.
At the time of the payment, the buyer has to indicate the name of the cardholder, as well as the card number, expiry date and the CID code on the card (3 number code allowing the security of the transaction). A+B cannot be held responsible for any consequences for using, illegal or not, the credit card by a third party, in particular in case of interception of messages.
It is recommended to the buyer to communicate also a phone number where he can easily be reached.
ARTICLE 4: DELIVERY TERMS
Edmunds delivers her products in Belgium and Europe. The normal delivery time is approximately 5 working days (except any other indication on the website) and will be given as estimates only. Neither Edmunds or the transporter can be held responsible for the inability or delivery delay in case of unforeseen and fortuitous events, adverse weather conditions or inaccuracy of the delivery address. In case of non-respect, Edmunds SPRL cannot be held to any compensation payment at all.
In case of delay, any damage, theft, etc. the client can only persue the transporter.
If the buyer is not present the day of delivery, a notice will be left from the transporter, with the address of the Post office where the parcel will be available for 15 days.
The buyer is held responsible to verify the conditions of the packaging and the content at the time of delivery. In case of claims concerning a possible defect or any sign of deterioration (missing product, damaged packaging, broken product,…) the buyer has to mention his observations accompanied by a picture, at first by email to customer service email@example.com, but also in the following two days, by registered letter with acknowledgment of receipt to the company headquarters : Edmunds SPRL, Avenue Luis Gribaumont 32, 1150 Bruxelles, Belgium.
On the other hand, sold products remain Edmunds SPRL property until complete payment all taxes included, has been made by the client and received by Edmunds SPRL.
ARTICLE 5: RIGHT OF RENUNCIATION
According to the Belgian law, the buyer can benefit of the renunciation right within 14 days as from the day after the delivery day, without any fee and motive except during sales period. Complaints must be reported beforehand by mail to firstname.lastname@example.org.
Costs and risks relating to the return of a product are the responsibility of the buyer. Because of the value of the products, it is highly recommended to the buyer to send the products by registered parcel with acknowledgment of receipt.
The parcel and the product must be returned in perfect condition. The article must be packed in the original packaging and protected like it has been sent previously (bubble envelope, bubble paper, white foam,) Edmunds SPRL reserves the right to return any incomplete or not correctly packed parcels. All costs will be at charge of the sender.
The products must be in perfect condition and in any case cannot be used or damaged. All products will be conscientiously verified after receipt
The return address is:
Avenue Louis Gribaumont 32
ARTICLE 6 : WARRANTY
We are confident about the quality of our products. However, there can be a defective or damaged product. Therefore A+B commits herself to repair the defective product within the appropriate and reasonable limits. The damaged product can be send at our office:
Avenue Louis Gribaumont 32
In any case Edmunds SPRL will not be held responsible for the manufacturer to refuse to apply the guarantee for reasons mentioned above.
ARTICLE 7: CLAIMS
When receiving the order, the buyer must verify the conformity of the order in presence of the delivery man.
Claims can only be receivable if they are mentioned by written at the time of receiving the product.
Any anomaly must be reported to Edmunds SPRL within 8 days from delivery.
Beyond this period, Edmunds SPRL cannot be held responsible for any non-complaint delivery.
Edmunds SPRL will not accept any claims with the motive of lack of satisfaction concerning the color, the texture or the use of a material, which is not under the control of Edmunds SPRL.
ARTICLE 8: Responsibility
Edmunds SPRL cannot in any case be held responsible for any delay in the execution of the order or all or non-performance of an order if the delay or non-performance is due to a technical cause or anything beyond her control. In that case Edmunds SPRL reserves the right to postpone the delivery within the reasonable limits or simply cancel the order.
Edmunds SPRL cannot be held responsible for the non-performance or bad execution of the contract which will be attributable, either to the buyer, or to the fact unforeseeable and unavoidable of a third party to the contract, or in case of force majeure.
Edmunds SPRL, in the process of online sales, cannot be held responsible for a damage resulting from the Internet network, such as loss of data, intrusion, virus, breakage in the service, or other involuntary problem.
The responsibility of Edmunds SPRL, whether in contract or quasi-delict, is limited to the reimbursement of the price of the order and cannot lead to any other compensation.
ARTICLE 9: IDENTIFICATION AND PASSWORD
At the time of registration, the buyer has to choose an identification (email address) and a personal and exclusive password.
He alone is responsible for their confidentiality.
He can at any moment change his identification or password according to instructions issued on the website.
When placing an order, the buyer accepts the data capture following the introduction of his identification and his password, constitutes valid proof of his identity and terms of delivery and billing information.
ARTICLE 10: INTELLECTUAL PROPERTY
The use of the website Edmunds.be is exclusively reserved to a personal use. All brands, texts, commentary, works, illustrations and images, whether visual or sound, included all underlying technology, and reproduced on the website Edmunds.be, are protected under copyright, trademark right, patent right and image right. They are the whole and the exclusive property of Edmunds SPRL or her partners.
ARTICLE 11: PERSONAL DATA
The buyer commits himself to communicate all necessary data for the fulfilment of the order and for any other marketing operation without usurping the identity’ of any other person or to use a false name. Therefore, Edmunds SPRL cannot be held responsible for any possible errors or inaccuracy in the delivery address details from the buyer.
Edmunds SPRL is committed to protect the privacy of the internet user, who surfs on her website by ensuring confidentiality of personal information.
ARTICLE 12: PROOF
Electronic post, emails and other electronic documents will be used as evidence.
ARTICLE 13: LITIGATION RULES
Present online sales terms and conditions are subject to Belgian law. Parties will seek before any contentious action, a friendly agreement. The search for the friendly agreement does not interrupt the ‘brief’ delay of the legal guarantee.
Any dispute or litigation is solely under the exclusive jurisdiction of the Brussels courts.