Failing express and written agreements stipulating otherwise, these general conditions alone, excluding those of the buyer, govern our sales contracts.
Article 1: GENERAL PROVISIONS
The website www.perfectbookshelf.eu is an e-commerce site accessible to any Internet user via the Internet. The website is managed by the private limited company (plc) Belgatonnerre having its registered office in Rue Fernand Neuray 33, 1050 Ixelles and bearing the ECB number BE 0458.254.427 (hereinafter "Belgatonnerre") .
Any person ordering products offered for sale on the website (hereinafter "the Customer"), is presumed to have read these general conditions of sale and expressly accept them.
The following terms and conditions apply to all sales of products of THE PERFECT BOOKSHELF range and any online purchase made by the customer to Belgatonnerre. The conditions apply to online sales in the European Union and Switzerland. Failing prior written consent from us, the fact that Belgatonnerre receives the confirmation of an order on the web site will mean that there is a binding contract. The Customer remotely signs a contract in this respect.
Article 2 - PRICE
Prices are quoted and payable in euros and are valid in the European Union and Switzerland. The indication of prices bears exclusively on articles that are described in the text. Any related photos have a purely decorative value and may show objects or items that are not included in the price. The prices in force on the day of the order shall be charged to all orders. Once the order is placed, the price cannot be changed. Prices indicated for articles are VAT inclusive but shipping is not included (to be calculated from Belgium from Belgatonnerrehead offices). Shipping costs are always previously communicated to the Customer for confirmation, prior to confirmation of order. Belgatonnerre is not responsible for (printing) errors contained in its offers. If a price quoted on the Belgatonnerre website is wrong and this was reported to the customer by Belgatonnerre, the customer only has the right to cancel the order or to execute the order at the correct price.
Article 3: OFFER
Despite the fact that the catalogue and web site are compiled with the greatest care, it is possible that the information presented is incomplete, that it contains material errors or that it is not up-to-date. Belgatonnerre is not bound by an obligation to resources concerning the accuracy, the update and the comprehensiveness of the information shown. Belgatonnerre is not responsible for any material errors, typos or printing. Please contact us in advance for specific questions about models, colour, availability, delivery time and means of delivery, etc. The offer is valid for 30 days and may at any time be adjusted or removed by Belgatonnerre. Belgatonnerre reserves the right to refuse orders, without any form of justification, to modify delivery, to divide deliveries or to apply other conditions to the delivery.
Article 4: PAYMENT
Through the web site, the Customer has the choice between the following payment methods: credit card, bank transfer, e-Banking, or Paypal. In the event of bank transfer, Belgatonnerre reserves the right to cancel the order in the absence of actual payment within 7 working days following the order. An 'order' is an online purchase that is normally delivered to your home address. An order is shipped after receipt of full payment.
Any invoice not paid by the due date will be increased, ipso jure and without prior notice, by 15% of the total with a minimum of €50.00 as damages. In addition, from the due date, it will be subject to, ipso jure and without notice, a moratorium interest at the legal rate.
If the buyer does not take delivery of the goods sent or placed at his disposal in our stores, we reserve the right to consider the order as canceled; in this case, the amount paid us remains acquired as a lump sum. Any failure of a buyer in connection with any of their obligations entitles us to cancel all pending orders on our end and keep as a lump sum any amounts paid.
Article 5: DELIVERY OF GOODS AND PROVISION OF SERVICES
The acceptance of the goods is deemed to be acquired at the time of delivery. No exchange or return will be accepted.
Belgatonnerre tends to deliver orders within 14 business days of receipt of payment. However, delivery times are provided as an indicator only. Exceeding the delivery date does not open rights to compensation to the Customer, and does not give the Customer the right to cancel the order or terminate the contract. If some articles cannot be sent (in time), the Customer is informed by Belgatonnerre and can optionally use this as a reason to terminate the contract.
Belgatonnerre cannot be held responsible for failure to comply with all or part of its obligations under this contract, provided that non-compliance is attributable to an event likened to a case of force majeure, in particular a general or partial strike or an interruption of the means of transport and/or communications, flood or fire. If an event considered to be a case of force majeure occurs, Belgatonnerre will inform the customer. After one (1) month of interruption due to force majeure, Belgatonnerre has the option not to fulfill the order.
Belgatonnerre is not responsible for direct or indirect damage resulting from project notice or assistance provided by it. Any liability shall never, under any circumstances, exceed the amount invoiced and paid.
We have no guarantee of being constantly able to procure supplies of the same provenance, type or hue. This explains that the articles provided may be variations of shades.
Article 6: RETENTION OF TITLE
Even once delivered, the goods remain the property of Belgatonnerre until full payment.
Article 7: CLAIMS
After receipt of the order, the Customer is obliged to inspect the delivered goods immediately. Any visible damage and/or qualitative defect of an article or another delivery reservation, must be notified immediately in writing, under penalty of forfeiture of all rights.
Article 8 - GUARANTEE
All parts of our bookcases are guaranteed against manufacturing defects for a period of 2 years in normal use (dry conditions, nominal loads), provided that all transport, assembly and usage instructions as described on the website and in the assembly instructions are adhered to. In this case, and this case only, Belgatonnerre will exchange defective parts free of charge.
To call upon the guarantee, the Customer must present proof of purchase. For items purchased online and delivered to the customer's home, the customer must first contact Belgatonnerre. Any defects must be reported as soon as possible and at the latest within 14 days of finding thereof. After this time, any right to repair or exchange will have expired. The time limits and conditions are always identical to those applied by the manufacturer of the product concerned. The decision on the question of whether or not an article falls under the guarantee is always the responsibility of the manufacturer or the supplier of this item. The article is sent by Belgatonnerre to the manufacturer or supplier, who will decide if the guarantee is accepted and also inform Belgatonnerre of the reason for this decision. Belgatonnerre can in no case be held responsible for that decision. The return of items can be done by mail or through a private haulier service, at the Customer's expense and liability in the event of loss, theft or damage. Insofar as it is possible, Belgatonnerre will replace the items sold with items of the same type, in the same quantities and/or formats, provided that the buyer has allowed us to examine them properly and that, during this review, it has been found that goods, during the applicable guarantee period, did not meet with normal requirements.
Article 9: WAIVER OF RIGHT
The customer has the right to notify Belgatonnerre of cancellation of the purchase, without penalty and without giving any reason, within 14 days of delivery of the product. Any customer wishing to exercise his/her right of cancellation must contact Belgatonnerre within 14 days of delivery and return the goods (at his/her own cost/risk) to Belgatonnerre , within 20 days of the goods being delivered. Only items that are undamaged, in their original packaging, with all accessories, user notices and the invoice, can be returned. Shall in no case be included: used, soiled, damaged or incomplete items, and items that were made to measure for the customer, items that, by their nature, can not be returned. When the return is due to a fault by Belgatonnerre, Belgatonnerre takes responsibility for transportation costs. Belgatonnerre informs the customer that they accept returns and refunds for items that were purchased from Belgatonnerre.
This provision applies to all parts (Eg U-shaped boxes) ordered on the site except for boards whose client has, via the "PERFECT BOOKSHELF" bookshelf configurator, determined the exact measurements, so that these boards are unique by their width.
"In this case, as this is the supply of goods made to the Customer's specifications or clearly personalised or which, due to typology cannot be reshipped or are likely to deteriorate or expire rapidly, the following is clearly understood: the Customer does not have the right to cancel the purchase."
Article 10: PROTECTION OF PRIVACY
Belgatonnerre agrees not to use the customer's personal data for the purposes of execution of the contract by the customer as part of the order, and to send the customer information without commitment on Belgatonnerre. Belgatonnerre treats personal data as confidential information and will not transmit, rent or sell it in any way to third parties. The Customer may access their data at any time, and can request correction. The customer can refuse Belgatonnerre to use their data to send information. Simply make the request in writing.
The pages on the web site may contain electronic images or "web banners" to count the number of visitors to the page. Information obtained through these banners is completely anonymous and is only used to collect statistics on the frequency of visits in order to provide improved service.
Article 11 - APPLICABLE LAW
If one or more provisions of these terms and conditions are deemed invalid or declared invalid under any law or administrative provisions, or final judgment of a court of competent jurisdiction, the remaining provisions shall remain in full force. Any invalid provision may be replaced by Belgatonnerre.
Only Belgian law applies to all rights, obligations, offers, orders and contracts to which these conditions apply, as well as the terms and conditions herein. In case of dispute,only Brussels courts will be competent.
For questions, please contact Belgatonnerre, who will attempt to answer as quickly as possible.