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1. Scope of application
These general terms and conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in case of purchase of products or services on the Platform by a User (hereinafter the "Customer").
The GTC express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptionally, the provisions of the GTC may be waived insofar as such waivers have been agreed upon in writing. These deviations may consist in the modification, addition or deletion of the clauses to which they refer and have no effect on the application of the other provisions of the GTC.
ASPIC SRL reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are posted online for all purchases made after that date.
2. Online Shop
Through the Platform, the Seller provides the Customer with an online store presenting the products sold, without the photographs having any contractual value.
The products are described and presented with the greatest possible accuracy. However, in case of error or omission in the presentation, the responsibility of the Seller could not be committed of this fact.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
3. Prices
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will be applicable, subject to availability at this date.
The prices are indicated in euros and do not take into account the possible delivery costs, which are indicated and invoiced in supplement before the validation of the order by the Customer.
The total amount of the order (including all taxes) and, if applicable, the delivery costs are indicated before the final validation of the order form.
4. On-line order
The Customer has the possibility to fill in an order form online, using an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
In order for the order to be validated, the Customer must accept the present GTC by clicking on the indicated place.
The Customer must provide a valid e-mail address, billing information and delivery address. Any exchange with the Seller can be done from this e-mail address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in case of non-payment, wrong address or any other problem on the Customer's account, until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order is received.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation acts as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information communicated for this purpose is proof of his consent to the sale as well as to the payment of the sums due under the order.
The Vendor has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, in particular by asking the Customer for identification data.
In case of refusal of authorization of payment by credit card by the accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is pending.
b. Confirmation
Upon receipt of payment, the Seller shall inform the Customer and send him an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address different from that of the delivery by sending a request to this effect to the customer service department (see contact details below) before the delivery.
In case of unavailability of a product, the Seller will inform the Customer by e-mail as soon as possible in order to replace or cancel the order of this product and possibly to refund the related price, the rest of the order remaining firm and definitive.
6. Proof
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized registers, kept in the Vendor's computer systems under reasonable security conditions. The archiving of order forms and invoices is carried out on a reliable and durable medium considered, in particular, as a means of proof.
7. Delivery
Delivery is made only after confirmation of payment by the Seller's bank.
The products are delivered to the address indicated by the Customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be charged to the Customer. For reasons of availability, an order may be delivered to the Customer in several successive shipments.
Delivery takes place, depending on the method chosen by the Customer, within 2 to 5 days.
Delivery times are indicative. No compensation can be claimed from the Seller or the carrier in case of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be terminated and the Customer reimbursed.
a. Verification of the order
Upon receipt of the products, the Customer or the recipient shall check the good condition of the products delivered.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations with the carrier at the time of delivery and immediately inform the Vendor.
The verification shall be deemed to have been carried out as soon as the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
b. Error of delivery
In the event of a delivery error or non-conformity of the products with the indications on the order form, the Customer must inform the Seller within three working days following the delivery date.
Any claim not made within this period shall not be taken into account and shall release the Seller from any liability towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging by post within 30 days from the date of delivery of the order, to the following address
Oreily (ASPIC SRL), Customer Service
Rue de Beaumont 60
1390 Grez-Doiceau
Belgium
Any claim and any return not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The buyer is responsible for the return shipping costs. The seller will only pay the return shipping costs once.
8. Guarantees
Seller's warranty is limited to the warranty of hidden defects. The Seller is only liable for damages that result from intentional fault or gross negligence. Seller shall not be liable for general or specific consequential damages of any kind suffered by Buyer.
9. Data Protection
Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the purchase order and the invoice.
The Seller guarantees to its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.
10. Force Majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseeable circumstance beyond its control, this shall constitute force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall inform the Customer immediately.
If the force majeure continues for more than 90 days without interruption, either party to the contract shall be entitled to terminate the contract unilaterally by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
11. Independence of clauses
The illegality or the total or partial invalidity of a provision of these GTC shall not affect the validity and application of the other provisions. Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
12. Applicable Law and Jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller's registered office.
