GENERAL CONDITIONS FOR SALES
These terms and conditions are intended to regulate the contractual relationship between the Customer and SPRL Art Concept Creation, whose head office is Avenue Daudet n°3 to 1300 Wavre, registered with Banque-Carrefour des Entreprises under the BE number 0877.645.706, hereinafter referred to as « Company ".
By "Client", means any person, individual or undertaking, using the services or purchasing the articles of the Company.
Article 1 – General
§1. These general conditions are intended to regulate the contractual relationship between the Customer and the Company.
§2. These general terms and conditions apply to all the activities listed below, carried out by the Company and for which the Customer has given his consent, in accordance with Article 2 of these general terms and conditions. The main targets are, but are not limited to, in-store and online sales of model articles and modeling accessories; hereinafter referred to as articles or orders ".
§3. These general conditions are also applicable to any non-recovery service previously performed by the Company in the course of its activity, expressly mentioned to the Customer.
§4. In any case, the Client of the website must be of age (i.e., 18 years of age). Furthermore, the visitor of the above-mentioned website is given under the general mention Client in order to simplify the terms used in these terms and conditions.
§5. By command It is necessary to hear the purchase made by the Customer from the website www.wavremodelisme.com, or when it is not an online sale, the purchase made directly in the store.
§6. These general terms and conditions apply both to sales made in Belgium and abroad and concern the entire contractual relationship between the Company and the customer: from the transfer of the order to payment and delivery.
§7. These general conditions prevail over any other general or special conditions. They may be modified at any time by the Company. In this case, the latter undertakes to inform the Customer and the modified terms and conditions will automatically apply to any subsequent online purchase of the Customer on the Site.
Article 2 – Online purchasing procedure
§1. The operation of the Site shall be as follows:
1. The Customer connects to the Company's Website and selects items that he places in his shopping cart. He thus expresses his will to place an order.
2. The Customer, after registration, between his delivery and billing details. The total amount of the order, all taxes included and the shipping costs are indicated.
3. After receiving a complete summary of his order, the Customer confirms his willingness to proceed to the payment stage.
4. The Customer is redirected transparently to the page to determine the means of payment, namely Paypal, payment by bank transfer or Visa. The information related to the credit card used is not known to the Company. The confidentiality of information is thus guaranteed. The transaction costs are borne by the Company.
5. Payment is requested from the financial body concerned.
6. The Customer receives by e-mail the result of the transaction which he can then print and retain as proof.
7. The Company executes the after-sales processing and sends the package to the Customer in accordance with these terms and conditions. Any changes formulated by the Customer will result in a change in the confirmation of the order and, where applicable, the total cost mentioned.
§2. In any case, items placed in a basket or ordered online remain the property of the Company until full payment.
§3. The Customer remains solely responsible for his contact data. He is required to ensure that any necessary modifications of these are made to the Site, e.g. in the case of a new e-mail address in order to enable the successful completion of Step 6.
§4. The prices shown on the Site are valid on the date of the consultation and are subject to change. The final price is communicated to the Customer at the time of confirmation of the sale on the Site.
§5. Items with the mention SUIT PRICE / TBC are items whose prices are not yet known and which will be subsequently confirmed. Upon confirmation of these to the Customer, the latter may either maintain its order or cancel it without charge.
§6. An administrative fee of 3,00 Euros will be charged for an order of < 15.00 € VAT excl. shipping costs (all taxes and fees paid entirely by the buyer).
§7. The prices applied on the site are valid only for purchases made on the website and paid according to our terms of payment below. The prices at the store are not the same as those on the web. The Customer will therefore not be able to require that the "web" price be applied to his purchases, if they take place at the store. Items on the site may not be available at the same time.
§8. The Site was realized in the most conscientious way possible. It is intended to present the articles proposed by the Enterprise. Information on the Site may change. The Customer is therefore asked to check the information in his possession prior to contact. The Company is not contractually bound to any information on our Site.
Article 3 – Customer agreement and contractual documents
By validating his order, the Customer signifies his intention to conclude a purchase contract subject to these terms and conditions. It also certifies that all his data is correct and valid. Under no circumstances may the Enterprise be held responsible for any error in this regard.
Article 4 – Cancellation
§1. Any cancellation of the order or withdrawal by the Customer will result in the loss of the amount of the deposit -if a deposit has been paid-. If no advance payment has been made, the Customer is liable for an allowance of 10% of the value of the order.
§2. In the event of cancellation of the order by the Company, for reasons beyond its control (shortage of stock, bankruptcy of a supplier, for example, and without being exhaustive), the Company undertakes to propose items of equivalent nature, value and quality to the Customer. He is free to accept or refuse.
Article 5 – Item’s order, deadlines and delivery methods
§1. Delivery times are mentioned for information purposes only.
§2. The delivery time shall not bind the Company to the extent that delivery is ensured by a third party carrier. The Enterprise is therefore not liable in any way for delay within the time limits for reasons attributable to the carrier concerned or to third parties. Moreover, the responsibility of the Enterprise cannot in any way be called into question when it does not carry out the delivery. Therefore, the carrier's risks are solely borne by the carrier, as from the moment he takes possession of the items. In the event of a deterioration of the ordered goods due to transport and for reasons not attributable to the Company, the latter may agree to a replacement of the Customer's Order, in agreement with the latter. The replacement times are identical to the initial delivery times of the order.
§3. A fixed amount covering delivery costs is added to the order amount.
§4. Upon receipt of the order, the Customer is required to verify the order, before the delivery person leaves or when taking possession. Any defects must be immediately communicated to the delivery person and the order must be refused. The rejected items are returned to the Company which will examine whether its liability can be incurred and will, if necessary, send a new order.
§5. If the Customer chooses the option "Payment by bank transfer", the Customer undertakes to make his payment within 7 days from the date of his order. If the payment has not reached us on this date, the order is automatically cancelled. No compensation will be payable to the Customer.
§6. For any order to be sent to the Customer, the deadline will be 7 working days from receipt of the full payment. If there is a delay, the Company shall inform the Customer as far as possible.
§7. For a Customer order of an out of stock item, the order will only be confirmed to the supplier upon receipt of payment. The delivery delay cannot be guaranteed because of the supply delays imposed by suppliers. OUT OF STOCK is clearly indicated and therefore the item either out of stock cannot be cancelled without administrative costs being applied.
§8. For orders for new products, please note that some new products have no release date announced by manufacturers and therefore no delivery time can be communicated. No compensation or advance payment will be made in this case. Sometimes certain innovations are cancelled by manufacturers and the Enterprise cannot be held responsible.
§9. If, after validation of the Order, the Company finds that the items are no longer available from our suppliers or withdrawn from the sale for legal or manufacturer-specific reasons, we will either propose a similar item, of equivalent price, or terminate immediately and automatically the sales contract, without compensation for the Customer. The amounts already paid by the Customer will be refunded to him.
Article 6 – Right of withdrawal from a distance sale
§1. The Customer, covered by the law on the protection of the integrated consumer within the Code of Economic Law, has a withdrawal period of 14 days. This right of withdrawal must be exercised under articles VI.47 and VI.53 of the Code of Economic Law and is therefore applicable only subject to the following conditions:
- The order meets the condition of "distance selling" i.e. a sale placed on the online selling website www.wavremodelisme.com ;
- The order does not constitute a "made-to-measure" article, i.e. made by Art Concept Creation to meet a specific and exclusive need of the Customer.
§2. In addition to the above, this right of withdrawal may be raised only in so far as the articles ordered have not been used or modified in any way and provided that the article is in the state of delivery (original packaging and label).
§3. This right of withdrawal shall not apply to articles (I) sold, (II) destocked, (III) or on special promotion at certain events. In this case, the items are not taken over, refunded or exchanged.
§4. This right of withdrawal allows the Customer to return the items to the Company at its own expense. In all cases of return below, the Customer will have to return the withdrawal form available on the website under the ‘Cancellation' tab.
§5. If the withdrawal is made before the items are sent by the Company, the following shall apply:
- If payment was made by Paypal or Visa, the Customer bears the direct costs incurred by the Paypal/Visa commission. The total amount of the refund therefore corresponds to the amount of the purchase, including shipping costs less the amount of the Paypal / Visa commission. Proof of this commission may be sent at the request of the Customer ;
- If the payment has been made by bank transfer, the Company undertakes to repay all payments received by returning them to the bank account with which the payment was made by the Customer or by offering vouchers on the Site of value equivalent to the price of the returned item.
§6. If the withdrawal is made after sending the items:
- The Customer returns to the following address WAVRE MODELISM, Rue du Chemin de Fer, 11 1300 Wavre, Belgium and sends an email to contact@wavremodelisme.com with the tracking number and in which he expresses his wish to return the items;
- The return must be in its original packaging, complete, in good condition and accompanied by a copy of the invoice, not later than 14 days after receipt of the order ;
- The item returned incomplete, damaged or damaged will not be repeated.
Article 7 – Guarantee and return of defective items
§1. Items sold as “New” are subject to a 2 year legal warranty.
§2. The legal guarantee shall cover only those non-compliances which exist at the time of delivery of the articles, excluding: (i) any direct or indirect damage caused to the article after delivery, (ii) any replacement of elements or accessories which are required for regular renewal, (iii) any damage resulting from fire, damage to water, lightning, accident or any other natural disaster; (iv) any defect caused expressly or by negligence, improper maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
§3. If the repair of the defective article cannot take place as a result of the unavailability of parts or if the defective article cannot be replaced because it is no longer manufactured or available, the Enterprise will propose an equivalent model or make the refund taking into account any reduction related to the use of the article by the Customer.
§4. In order to ensure a guaranteed return under the best possible conditions, the return arrangements are transmitted by the Company when the latter is informed by the Customer of the return. The cost of returning the items to the Enterprise, in the event of application of the guarantee, shall be borne exclusively by the Enterprise.
§5. Any return of article(s), for any reason other than the legal warranty, a hidden defect or a lack of conformity, is the exclusive responsibility of the Customer. Under no circumstances will the Company cover the return costs.
§6. The defective item will be deposited by the Customer at the store at the following address: Rue du Chemin de Fer n°11 1300 Wavre
§7. Any claim must include a copy of the invoice for the item in question, the observations and the location of the defect.
Article 8 – Limitation of responsibilities
§1. The Company performs the services according to the practice of the profession and in accordance with the standards applicable to the services concerned. In view of the above, its responsibility is strictly limited to the situations provided for in the following §§.
§2. The Enterprise is only liable for compliance with its legal and contractual obligations and for direct damages caused by its action. In no case shall the Company be liable for any damage sustained by the Customer and in particular, but without being exhaustive, it is not liable for indirect damage, damage caused to third parties or unanticipated result.
§3. In the event of the Customer or a third party calling into question the responsibility of the Company, the latter shall in all cases be limited to the amount of the services concerned by the challenge or the challenge and paid by the Customer. In no case shall the amount of the damage take into account an expected and unrealised profit or a potentially avoided loss on behalf of the Customer.
§4. The Enterprise is not responsible for the indirect consequences of the use of the purchased items, or in the event of damage resulting from abnormal, unusual or unplanned use of the items.
§5. The warranty will not apply if the Customer fails to comply with the advice noted in the package leaflet. Some items such as RC models require special attention, particularly for maintenance (any dried sludge that can cause the breakage of spare parts, ...), regular tightening of screws and others (vibration can have an impact on certain parts of the car: screws, ...). If any of these problems are identified, the guarantee will not apply. The guarantee is excluded if the malfunction results from normal wear or tear, negligence or failure to maintain, or from an intervention on the item without written permission from the Company. Our responsibility cannot go beyond the replacement of items that, after our or the manufacturer's control, would not meet their specifications and performance.
§6. Under no circumstances is the Company responsible for a labelling problem, whether in-store or on the online selling website www.wavremodelisme.com.
§7. The Enterprise shall take all necessary measures to comply with the time limits laid down. With the exception of a serious fault in the head of the Enterprise, the Enterprise is under no circumstances responsible for a delay, an error or any other factor attributable to a third party, in particular to the Customer or a supplier (for example, in the event of a breakdown of supplier stocks, an erroneous presentation on the online selling website) www.wavremodelisme.com. No compensation of any kind may be claimed by the Customer in this context.
§ 8. The Company is in no way liable in case of error in the delivery address that the Customer will have registered himself when creating his personal account at the online sales site www.wavremodelisme.com. In no case will the Customer be able to claim damages or/and interest from the Company, and the costs of a new delivery are the exclusive responsibility of the Customer.
§9. In no case shall the Enterprise be liable for a cancellation or postponement of a delivery date of an article, for reasons beyond its control or in the event of force majeure, such as a strike by third parties to the relationship, natural disaster, (risk of) attacks, major epidemics being the subject of measures taken by the public authorities, intervention by the public authority. In the event of such an event, the Customer and the Enterprise undertake to agree on a deferral of benefits as far as possible.
§10. The Company reserves the right to refuse the order on behalf of the Customer, to terminate it or to refuse, if necessary, early, for personal or related reasons to the Customer (e.a. lack of involvement, lack of consistency, recurrent indecision, failure to pay a previous invoice, failure to comply with the rules laid down in these general conditions, or any other reason of any kind).
Article 9 – Payment
§1. Payment of items is as follows:
- Payment of the total amount VATC on the date of removal of items for a purchase in store ;
- Payment of the total amount including VAT of the order confirmed on the online selling website www.wavremodelisme.com, as described in section 2 of these general terms and conditions of sale.
§2. In the event of an order for an item not immediately available, the contract shall not be considered concluded and the delivery period fixed by the Payment Company, after receipt, in accordance with the above. In the event of delay in payment, the Company will no longer be able to guarantee the delivery time of the items previously notified and possibly already fixed. In case of non-payment, the Company reserves the right to cancel the order(s).
§3. Payments are made by the Customer by the following means:
- Bank transfer to the company's account mentioned on the order form ;
- Online payment via the website www.wavremodelisme.com ; ;
- Cash in case of purchase in shop.
§4. A 30% deposit will be required for any pre-orders of new products. Payment and/or deposit must be received within 48 hours of the date of the order (= confirmation of your order). After this period, the order will be cancelled. The items will be released for sale. However, if your payment comes to us after this period, we commit to:
- Honor the order if the item is still in stock at our suppliers, subject to a possible delay ;
- Make the refund within 7 working days of receipt of your payment on our account if item no longer in stock. The type of refund will be the Company's free choice and we reserve the right to deduct, as a file fee, an amount of the amount to be repaid with a minimum of 10.00 Euros and a maximum of 25.00 Euros per refund.
Article 10 – Obligation of means
The Company is bound to the Customer by an obligation of means. The Company undertakes to make every effort to carry out the Customer's order in accordance with the Customer's wishes. However, the Enterprise is not obliged to implement means of a disproportionate nature in relation to the objective to be achieved.
Article 11 – Personal data
§1. Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (GDPR) shall be processed in compliance with this Regulation. Such data shall be processed and kept solely for the proper performance of the contractual relationship between the parties and shall in no case be transmitted to third parties for any other purpose.
§2. The data kept by the Company are as follows: surname, first name, address, e-mail address, telephone number, bank account number.
§3. The Customer has the possibility to: (i) object, on request and free of charge, to the processing of his personal data, for serious and legitimate reasons, unless such opposition makes it impossible to properly perform the contractual relationship between the parties; (ii) access, free of charge, his own data held by the Company and obtain correction of data that is incomplete, inaccurate or irrelevant; (iii) to request the deletion of his own data from the Company provided that the retention of the data is not due to a legal obligation; (iv) request the portability of its data held by the Enterprise to a third party; (v) withdraw, where appropriate, at any time, consent to the processing of data based solely on consent.
§4. Any request concerning the above must be addressed in writing to the company's headquarters by mail, or by email to contact@wavremodelisme.com.
§5. The Company may disclose personal information to third parties at the request of any authority legally authorized to request it. The Company may also disclose them if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 12 – Claims
§1. Any complaint from the Customer must be made immediately verbally, confirmed in writing (recommended mail to the Post Office) or by e-mail to the address contact@wavremodelisme.com no later than 3 days, stamp of the post office faith, receipt of the articles. The Enterprise undertakes to make every effort to find a friendly and suitable solution for all parties.
§2. Provided that a complaint is made by the Customer within the time limits specified in §1, and provided that the Enterprise accepts, the amount of the complaint will be limited to the value of the items concerned.
Article 13 – Invalidity
The possible nullity of any provision of these General Conditions shall in no way affect the validity of all these General Conditions. If a clause is rendered void, the parties undertake to conclude a clause having a similar effect and to insert it in these general conditions.
Article 14 – Application of Belgian law
These general conditions, as well as any dispute as to the validity, interpretation or enforcement of these general conditions, are subject to Belgian law. All provisions not specified in these general conditions are governed by Belgian law.
Article 15 – Dispute resolution and competent courts
In case of dispute, mediation between the Company and the Customer is preferred. If, however, no agreement is possible, the competent courts are those of the judicial district of the registered office the Enterprise.