Definitions and scope of application

The general conditions of sale of products, hereinafter referred to as ” the general conditions “, are applicable to all orders placed with Nicolas le Hardÿ, Linciaux 2, 5590 Ciney, hereinafter referred to as ” the seller “.

These terms and conditions form the contract between the seller and the customer. The seller and the customer are hereinafter jointly referred to as ” the parties “.

The ” customer ” is any natural or legal person who orders products from the seller.

The ” consumer ” is the customer, a natural person, who acts for purposes that are not part of his or her commercial, industrial, craft or liberal activity.

These terms and conditions apply exclusively. In any event, they exclude any general or special conditions of the customer which the seller has not expressly accepted in writing.

The general terms and conditions are freely accessible at all times on the seller’s website: “www.fermedelinciaux.be”, so that by placing an order with him, the customer declares that he has read these general terms and conditions and confirms his acceptance of the rights and obligations attached to them.

The seller reserves the right to modify these terms and conditions à We reserve the right to make changes at any time and without prior notice, subject to displaying such changes on our website. These changes will apply to all subsequent product orders.

Offer and order

To place an order, the customer selects the product(s) he/she wishes to order by surfing to the seller’s website, enters the contact details requested, checks that the order is correct, and then pays for the order.

Once the bank has confirmed payment of the order, the seller will send the customer a summary of the order, including the order number, the products ordered and their prices, these terms and conditions or a link to them, and an indication of the likely timeframe for completion of the order.

The seller reserves the right to suspend, cancel or refuse a customer’s order, in particular if the data communicated by the customer proves to be manifestly erroneous or incomplete, or if there is a dispute relating to the payment of a previous order.

In the event of cancellation of the order by the customer after its acceptance by the seller, for any reason whatsoever, with the exception of force majeure, a sum equivalent to 30% of the price of the order will be acquired by the seller and invoiced to the customer, by way of damages.

Price

The price of the products is indicated in euros, all taxes included.

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of order and the time of delivery will automatically be charged to the customer.

Delivery costs, if any, are not included in the price, but are calculated separately during the ordering process, depending on the delivery method and location, and the number of products ordered.

Reservation of ownership

The seller remains the owner of the products ordered until full payment has been received.

Ownership of the products passes to the customer only after collection or delivery of the items and after full payment of the order. Notwithstanding article 1583 of the French Civil Code, items sold, delivered or installed remain the exclusive property of the seller until the invoice has been paid in full. Until payment of the purchase price has been made, the customer may not pledge the items, offer them as gifts, or use them as collateral in any way whatsoever. The customer is expressly forbidden to make any modifications to these items, to turn them into real estate by incorporation or by destination, to sell or dispose of them in any way whatsoever.

As long as the seller retains title to the goods delivered in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, the customer alone may be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. The customer also undertakes to store the products in such a way that they cannot be confused with other products and can at all times be recognized as the property of the seller.

Right of withdrawal

In accordance with article VI.47 of the French Code of Economic Law, the consumer who orders products from the seller at a distance has a period of 14 calendar days from the date of delivery of the products or notification of their availability at the planned point of collection, to notify the seller that he/she renounces the purchase, without penalty and without giving any reason.

When this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

The consumer may notify his wish to withdraw from the purchase by means of the withdrawal form available on the seller’s website, by means of the form sent with the order form or available on the website of the S.P.F. Economie, P.M.E., Classes moyennes et Energie: economie.fgov.be, or by means of an unambiguous statement setting out his decision to withdraw from the contract.

The consumer must return the product(s) he/she has renounced in perfect condition in their original packaging.

Only the direct costs of returning the goods will be borne exclusively by the consumer.

The seller will refund the amount paid as soon as possible and at the latest within 14 days of reshipment of the products.

Consumers who open or use a product before the expiration of the withdrawal period are deemed to have waived their right of withdrawal in respect of that product.

Similarly, the consumer may not exercise the right of withdrawal if one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law applies, in particular in the case of the supply of goods made to the consumer’s specifications or clearly personalized.

Cancellation of order

Customers who do not qualify for the right of withdrawal described in the previous article of these terms and conditions and who wish to cancel their order shall inform the seller, who will inform them of the steps to follow.

Any deposit paid by the customer to the seller will not be reimbursed. If no deposit has been paid, the seller may claim from the customer a cancellation indemnity equivalent to 30% of the price of the products whose order has been cancelled by the customer.

Order delivery

The delivery times indicated by the seller are provided for information purposes only and are not binding on the seller. A delay in the delivery of the order will not give rise to any compensation, termination of the contract, suspension of the customer’s obligations, or payment of damages.

The order is delivered to the customer only after full payment. Ownership and risk are transferred when the order is paid in full.

Availability

The products offered for sale by the seller are subject to availability.

In the event of unavailability of one or more product(s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give the customer the choice between a refund, a modification of the order or a delivery postponed until the end of the stock shortage of the product(s) concerned.

Receipt of order and complaints

The customer is responsible for verifying the apparent good condition and conformity of the products delivered or collected from the collection point with the products ordered.

Any complaints must be made in writing within 8 days of delivery of the order or notification of its availability at the designated collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.

If a complaint proves to be justified, the seller/provider will have the choice between replacing or refunding the price of the products concerned.

Intellectual property

The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or the seller’s catalog are protected by intellectual property law.

Unless expressly agreed otherwise in advance, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the seller’s website or catalog.

Unless expressly agreed otherwise, the agreed price therefore does not include any transfer of intellectual and/or industrial property rights for any reason whatsoever.

Warranties

• ◦Legal warranty for all customers

In accordance with articles 1641 to 1643 of the French Civil Code, the seller is obliged to guarantee the products against latent defects which render the products unfit for the use for which they were intended, or which diminish this use to such an extent that the customer would not have purchased them or would only have paid a lesser price if he had known about them.

In the event of a hidden defect, the customer must act promptly in accordance with Article 1648 of the French Civil Code, and may choose between returning the product with a hidden defect for a full refund, or keeping it for a partial refund.

The seller is not obliged to guarantee products against apparent defects, which the customer could or should have been aware of at the time of purchase. Similarly, the seller is only obliged to guarantee products against hidden defects of which he was aware at the time of sale, and of which he failed to warn the customer.

Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

• ◦Additional legal warranty for consumer customers

In accordance with article 1649quater of the French Civil Code, the customer who is a consumer is also entitled to a two-year legal warranty for any defects in conformity that existed when the product was delivered and that have appeared within two years of delivery.

This warranty includes repair or replacement of the defective product at no cost to the consumer.

If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree on a refund only if the customer returns the defective products.

In the event that specific spare parts or accessories required to repair the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of use of the product.

The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the date on which he noticed the defect, on pain of forfeiture of his right to claim.

Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period begins on the date indicated on these documents.

This warranty does not apply if the failure is due to misuse, external causes, improper maintenance, normal wear and tear, or any use not in accordance with the manufacturer’s or seller’s instructions.

In the event of damage, theft or loss of a product submitted for repair, the seller’s liability will in any event be limited to the sale price of the product. The seller cannot be held responsible for the loss or reproduction of data stored in or by electronic devices handed over for repair.

Liability

General information. The customer acknowledges and accepts that all the seller’s obligations are exclusively of means and that the seller is only liable for fraud and gross negligence.

In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller, the loss for which the customer may claim compensation includes only the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (exclusive of tax) of the amount actually paid by the customer for the order.

The customer also acknowledges that the seller shall not be liable for any direct or indirect damage caused by the products delivered, such as loss of earnings, increased overheads, loss of customers, etc. The seller shall not be liable for any direct or indirect damage caused by the products delivered.

The seller is likewise not liable in the event of the customer providing incorrect data, or in the event of an order being placed in the customer’s name by a third party.

Finally, it is the customer’s responsibility to find out about any restrictions or customs duties imposed by his or her country on the products ordered. The seller cannot therefore be held responsible if the customer is faced with any restriction or additional tax to pay as a result of the policy adopted by his country in this respect.

Materials. If the customer imposes on the seller a process or materials of a certain quality, origin or type, despite the seller’s written and reasoned reservations, the seller is released from all liability for defects caused by the choice of the said process or materials.

Internet and new technologies

The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will in the future be made available. The customer also acknowledges the risks of storing and transmitting information digitally or electronically.

The customer accepts that the seller cannot be held liable for any damage caused by the use of the seller’s website (and any applications) or the internet as a result of the aforementioned risks.

The customer also accepts that the electronic communications exchanged and the backups made by the seller may be used as proof.

Miscellaneous provisions

Force majeure or fortuitous event. The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or fortuitous events.

In particular, the following events shall be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of the seller’s computer system or its database when either of these events cannot reasonably be directly attributed to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) flooding, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections and riots, 11) an interruption in the supply of energy (such as electricity), 12) failure of the Internet network or data storage system, 13) telecommunications network failure, 14) loss of connectivity to the Internet or telecommunications network on which the seller depends, 15) an act or decision of a third party where such decision affects the proper performance of the present contract, or 16) any other cause beyond the reasonable control of the seller.

Unpredictability. If, due to circumstances beyond the seller’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. Failing agreement within a reasonable time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

Contract termination. In the event of the customer’s insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend performance of its obligations until the customer has fully repaid any unpaid debts owed to the seller.

In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.

Illegality. The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general terms and conditions, nor the remainder of this article, paragraph or provision, unless a contrary intention is evident in the text.

Titles. The headings used in these terms and conditions are for convenience and reference only. They in no way affect the meaning or scope of the provisions they designate.

No waiver. No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions shall be construed as a waiver of such right or remedy.

Applicable law and jurisdiction

These terms and conditions are governed by Belgian law.

In the event of a dispute concerning the validity, the‘interpretation‘performance or breach of these general terms and conditions, the parties shall be bound by the same terms and conditions.‘mediation prior to any other method of dispute resolution.

The parties therefore appoint a mediator approved by the Commission Fédérale de Médiation (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels).
https://www.cfm-fbc.be/fr
) by mutual agreement, or appoint a third party.

Once the mediator has been appointed, the parties, together with the‘help of the mediator, the modalities of‘organization of the mediation and the duration of the process.

Either party may terminate the mediation at any time, without prejudice to the other.

In case of‘mediation fails, only the courts of the‘judicial district of Brussels.