Legal Notice - Terms and Conditions of Sale
Article 1 - ABOUT
These General Conditions of Sale govern only the framework of the commercial relations which could arise between the customer and the company CHC COMPANY SPRL. They shall prevail over any other general or particular condition.
Article 2 - ACCEPTANCE
The use of the www.mrcelestin.com website, necessarily implies, as an essential and decisive condition, the unreserved acceptance of these General Conditions of Sale by the Client.
Article 3 – INFORMATIONS
Mr. CELESTIN / CHC COMPANY SPRL is a private limited liability company incorporated under Belgian law, having its registered office in Belgium at 5590 Ciney, Avenue de Namur 59; It is registered in the Register of Commerce and Companies and intra-Community VAT under number BE 0665.990.419.
Article 4 – DEFINITIONS
The Services: all the services offered by Mr. CELESTIN / CHC COMPANY SPRL on its website and on its Facebook page in general, include in particular the distance selling of products and goods via an internet channel. Client: each Member representing a commercial relationship through the online purchase of products or services offered by Mr. CELESTIN / CHC COMPANY SPRL on its website. Customers are legally qualified to place an order, and are able to conclude a commercial transaction with Mr. CELESTIN / CHC COMPANY SPRL. The Order: each order made by a Customer under the conditions stipulated in Article 5.
Article 5 – ORDERS
The products and services as defined in Article 4 are available for purchase through the website www.mrcelestin.be. Notwithstanding any written or retained proof of any other durable medium available to the Client, it is agreed that the computerized records, stored in the computerized systems of Mr. CELESTIN / CHC COMPANY SPRL, his host or his payment partner, constitute proof Communications, content of Orders and all transactions between the parties. The Customer receives, by e-mail, a confirmation of his Order and the sending of his Order. Any contractual information relating to the Order will be written in the language chosen by the Member at the time of registration. This information will be confirmed by e-mail and in writing, at the latest at the time of delivery, in accordance with article 9 of these General Conditions of Sale.
Article 6 – PRICES AND PAIEMENTS
The prices offered at the end of the Order Process are denominated in Euros and include VAT and, unless otherwise stated, any administrative costs. They do not include participation in logistics and mailing costs, which is mentioned separately. The VAT rate that will be applied is that in force in the country where the delivery address is located. Mr. CELESTIN / CHC COMPANY SPRL reserves the right to modify the sale price at any time; However, purchased products and services will be billed at the price as stated in the order confirmation by e-mail. The products remain the property of the Supplier until the price is paid in full. Mr. CELESTIN / CHC COMPANY SPRL reserves the right to refuse any Order of a Customer with which there is a dispute, present or past. Purchases can only be made with VISA, American Express and MasterCard, as well as Bancontact. The account of the Customer will be debited after the validation of the Order, and the payment will be effective from the moment the bank of the Client has confirmed its agreement to the bank of Mr. CELESTIN / CHC COMPANY SPRL. In case of refusal of the Customer's bank, the Order will be canceled automatically. Customers guarantee that they are fully authorized to make payments by credit card and that this credit card has a sufficient financial provision to cover the costs of the commercial transaction resulting from the Order. The payment of purchases on Mr. CELESTIN / CHC COMPANY SPRL is secured by SSL encryption (Secure Socket Layer), the security system used is currently one of the safest. Mr. CELESTIN / CHC COMPANY SPRL does not have direct access to the confidential data related to the payments, and these data are not registered by Mr. CELESTIN / CHC COMPANY SPRL. This is the reason why, with each payment, the customer's bank details are requested.
Article 7 - AVAILABILITY
The offers of products and services and their prices are valid as long as they are visible on the site of Mr. CELESTIN / CHC COMPANY SPRL, within the limit of available stocks. Mr. CELESTIN / CHC COMPANY SPRL is committed to putting all the means at his disposal to honor all Orders. In any event, Mr. CELESTIN / CHC COMPANY SPRL can not be held responsible for the damage resulting from the unavailability of a product. In case of unavailability of a product, a service or all the quantities which have been the subject of a confirmed Order, the Customer will be informed by e-mail or by telephone of the total or partial cancellation of his order. If unavailability is communicated to the Customer while the amount of his Order has already been debited to his bank account, a request for refund will be immediately introduced by Mr. CELESTIN / CHC COMPANY SPRL with his bank. The Customer will be informed by e-mail. The speed of repayment will depend on the method of payment chosen. If a credit card has been used, the refund will be indicated on the next monthly statement of expenses of the Customer. If the Customer considers that the refund is abnormally long, he is invited to contact his bank.
Article 8 - DELIVERY
Orders are delivered to the delivery address specified by the Customer during the Online Order process, and in accordance with the terms and conditions specified therein. The ordered products can only be delivered to an address in Belgium, France, Germany, Luxembourg, the Netherlands or the United Kingdom, excluding a PO Box. Mr. CELESTIN / CHC COMPANY SPRL reserves the right to split the delivery of products according to their availability. All deliveries are announced by e-mail, in which CHC COMPANY SPRL invites the Client to consult the invoice relating to his Order on his website. The invoice will include details of the logistics and VAT charges. The delivery will be accompanied by a delivery note listing the goods delivered. The Order will be presented to the Client or to any other person present at the address of delivery or having a power of attorney. If no one can receive the order at the time of delivery, a notice of transit will be filed and the Customer will have to contact the transport company in order to obtain the address where the Customer can recover his parcel. Mr. CELESTIN / CHC COMPANY SPRL will ensure that the Order is processed as soon as possible. The delivery time given at the time of the Order is an average delay communicated by way of indication only. Mr. CELESTIN / CHC COMPANY SPRL endeavors to respect this deadline, but can not be held responsible for any delays in the processing of Orders or in their delivery. The control system carried out at the time of delivery of the Order by the carrier will constitute a presumption of the effective deposit of the Order (and its good reception by the Customer), which will be authentic, unless the Client proves otherwise.
Article 9 – NON COMPLIANCE
All products and services offered by Mr. CELESTIN / CHC COMPANY SPRL are described in good faith and as faithfully as possible. The images presented on its website have no contractual value. Mr. CELESTIN / CHC COMPANY SPRL declines any responsibility for errors that may appear in the descriptions of products and services. However, and provided that they have been brought to his knowledge in writing, Mr. CELESTIN / CHC COMPANY SPRL undertakes as far as possible and his means, to rectify these errors as soon as possible. If the product or service delivered does not correspond to the specifications of the delivery note (eg different reference, different model, etc.), the Customer may return it within one month from the day after the delivery date of The Order, according to the modalities defined in Article 10. After this deadline, the complaints and returns will neither be receivable nor accepted. It is understood that a product can not be considered non-compliant if it corresponds to the description given by Mr. CELESTIN / CHC COMPANY SPRL. By way of example, the fact that the Customer has perceived a color or finish on the website in a way different from reality can not be considered as a case of non-conformity of the product. The Client may then choose to be reimbursed under the conditions set out in Article 10, or to have a similar product delivered, subject to availability and under the conditions specified in Article 10. The return costs will be reimbursed by Mr. CELESTIN / CHC COMPANY SPRL to the Customer in the form of a purchase voucher for his next purchase. Proof of these return costs must be attached to the returned parcel. If this is not the case, these costs will not be refunded. All returns must be made by registered mail, or by a courier service, of which the Customer must keep a copy of the proof of dispatch.
Article 10 – RIGHT OF RENUNCIATION, RETURNS AND REFUNDS
In accordance with the Economic Law Code, the consumer has the right to notify the seller that he / she has forfeited the purchase, without penalty and without giving reasons, within 14 calendar days from the day after he or a third party Other than the carrier and designated by the consumer) physically takes possession of the complete delivery of an order or, in the case of a split delivery of an order, from the day on which the consumer (or a third party other than the carrier The consumer) physically takes possession of the last good. This right of renunciation does not belong to the professional buyer. The notification of the waiver must be carried out by: - the return form accessible in the section Returning the site of Mr. CELESTIN / CHC COMPANY SPRL; Or - the form template accessible at the following address: http: //economie.fgov.be/fr/binaries/5.%20Formulair ... and sent by email to the seller at email@example.com. The Customer's right of renunciation is subject to the return of the entire delivery within 14 working days from the exercise of its right of withdrawal. The products returned must be sent in new condition, in their original packaging also in perfect condition, compulsorily accompanied by the invoice and the return document duly completed. Any return of which the sender can not be identified will be refused. After the expiration of 14 days, Mr. CELESTIN / CHC COMPANY SPRL will no longer be able to accept the return, and may return it to its shipper. The return will take place at the following address: CHC COMPANY SPRL, Return e-shop Mr. CELESTIN, Avenue de Namur 59 à 5590 Ciney (Belgium). The return shipping costs are borne by the Customer. The refund of the Order will take place within 14 days following the date on which Mr. CELESTIN / CHC COMPANY SPRL is informed of the consumer's decision to withdraw from the contract exercised in accordance with this article, provided that all the terms of return have been strictly That Mr. CELESTIN / CHC COMPANY SPRL has recovered the goods or that the consumer has provided proof of their shipment. The amount reimbursed will in any case be limited to the amounts actually paid by the Customer. Mr. CELESTIN / CHC COMPANY SPRL will not refund the initial delivery charges. If a purchase order has been used in connection with the waived Order, the voucher will be re-used for a future purchase. The waiver right may also be exercised after the Order and prior to shipment. In such case, the refund will also be made within 14 days of the date on which Mr. CELESTIN / CHC COMPANY SPRL is informed of the consumer's decision to withdraw from the contract exercised in accordance with this article. Mr. CELESTIN / CHC COMPANY SPRL will send an e-mail in order to inform the Client of the receipt of the return, and of the introduction of a refund request. Gift packaging costs are non-refundable.
Article 11 – GUARANTEE
Mr. CELESTIN / CHC COMPANY SPRL warrants that the products offered for sale on the Mr. CELESTIN / CHC COMPANY SPRL website are functioning properly and do not have visible or invisible defects which would make normal use of the product impossible or dangerous. The legal guarantee is applicable. The valid warranty for a certain product will be clearly specified in its product sheet and no Customer will be able to request a warranty that is wider than that specified. In no event shall Mr. CELESTIN / CHC COMPANY SPRL be held liable for any technical failures of the products delivered, unless they are found immediately upon unpacking the Order. In all cases, the Customer must contact the after-sales service. The products are excluded from the warranty if the damage is caused intentionally or by negligence (breakage, breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical overvoltage, fire or any other case of force majeure) Traces of opening (or repair and / or modifications made by a third party not authorized by Mr. CELESTIN / CHC COMPANY SPRL); This warranty does not apply to the extent that the damage results from wear, transport, misuse and / or failure to observe the instructions given on the product data sheet. In compliance with these conditions, the guarantee must be called within one month from the day after the date of delivery of the Order, if it is not admissible. The legal warranty covers hidden defects.
Article 12 – INTELLECTUAL RIGHTS
The texts, the database containing the published data, page creations, sales catalog, photos and illustrations and images on the site Mr. CELESTIN / CHC COMPANY SPRL www.mrcelestin.com are universally protected by the law Copyright, trademark law and other intellectual property rights; They therefore remain the private property of Mr. CELESTIN / CHC COMPANY SPRL and third parties with whom Mr. CELESTIN / CHC COMPANY SPRL has concluded agreements. Therefore, any copy, publication, reproduction or any other exploitation, infringement in any form whatsoever, is prohibited without prior written authorization of Mr. CELESTIN / CHC COMPANY SPRL. Any offense may result in civil or criminal prosecution.
Article 13 - RESPONSABILITY
Mr. CELESTIN / CHC COMPANY SPRL can not be held liable for any direct or indirect damage (loss of use, loss of profit, loss of chance, ...) whatever it may arise from the use of the Services as defined In Article 4, except in cases of fraud or gross negligence on the part of Mr. CELESTIN / CHC COMPANY SPRL, his servants or agents. Mr. CELESTIN / CHC COMPANY SPRL also assumes no responsibility for the content of the sites of third parties to which it would establish a hypertext link, in particular with regard to the protection of privacy. Mr. CELESTIN / CHC COMPANY SPRL can not be held responsible for errors that would appear in the texts and photos used in the description of the products sold. Mr. CELESTIN / CHC COMPANY SPRL declines all responsibility in the event of damage resulting from a defect, malfunction or misuse of the products sold. Mr. CELESTIN / CHC COMPANY SPRL can not be held responsible for the non-fulfillment of the Orders, in case of force majeure such as in particular disruption or total or partial strike especially postal services and means of transport and / or communications, flood, fire , Etc. In any event, the responsibility of Mr. CELESTIN / CHC COMPANY SPRL remains limited in any case to the sums paid for the Order which generated the call for the liability of Mr. CELESTIN / CHC COMPANY SPRL.
Article 14 – LITIGATION AND APPLICABLE LAW
Any dispute relating to the use of the Services, as defined in Article 4, and the application or interpretation of these General Conditions of Sale, shall be governed exclusively by Belgian law. The Courts of Liège shall have sole jurisdiction in case of dispute.
Article 15 – MODIFICATION OF THE GENERAL CONDITIONS
Mr. CELESTIN / CHC COMPANY SPRL may modify these General Conditions of Sale at any time, among other things to comply with a legal provision. Members shall be adequately informed of changes. Members undertake to take note of the amendments as soon as they have been notified to them. Any use of the Services, as defined in Article 4, after the notification of such modifications, assumes the knowledge of the modified General Conditions of Sale. The unlawfulness or the unenforceability which would strike by a decision of justice one of the terms of the present General Conditions of Sale would in no way prejudice the validity of the other terms and provisions that would remain applicable.
Article 16 – COMPLAINT PROCEDURE
Each user of Mr. CELESTIN / CHC COMPANY SPRL with a question or complaint to file, can contact the Sales Department via the "Contact us" link on each page of our site.