TERMS OF SALES

 

Article 1 – Definitions 

Unless otherwise provided, for the application of these general conditions, we mean:

• Consumer: any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity;
• Products: goods and services;
• Email address: a set of electronic data by means of which a person can be contacted;
• Site: set of web pages and resources linked by hyperlinks, defined and accessible by a web address;
• Right of withdrawal: the possibility for the consumer to withdraw within 14 calendar days using a standard withdrawal form;

Article 2 – General

Purchases on the Site ( www.radical-shop.be ) are exclusively reserved for consumer buyers.

These general conditions of sale are therefore concluded between SPRL RADICAL AVENUE (hereinafter, the Seller) and any non-commercial natural person (hereinafter, the Buyer) wishing to make a purchase of the Products offered for sale on the Site (hereinafter, the Products).

Article 3 – Applicability and opposability

These general conditions explain the obligations of the Seller and the Buyer (hereinafter, the Parties) and apply to the exclusion of all other general conditions.

The Parties agree that they exclusively govern their relationship.

The Buyer declares to have read these general conditions of sale and to have accepted them before placing their order.

They are accessible on the Site (“general conditions of sale” tab) and take precedence over any other version or any other document.

Article 4 – Content

These general conditions define the rights and obligations of the Parties in the context of the online sale of Products offered by the Seller to the Buyer on the Site.

Article 5 – Modification

The Seller reserves the right to modify its general conditions of sale.

They will be applicable as soon as they are put online on the Site.

Article 6 – Legal notices

The Site www.radical-shop.be is the exclusive property of SPRL RADICAL AVENUE whose head office is located at 4000 LIEGE, Rue de la Casquette, 42 and registered with the BCE under number 0882.347.731, Tel: 04/ 221.12.64, e-mail: radical-shop@hotmail.com .

Article 7 – Pre-contractual information

The Buyer acknowledges having had communication, prior to placing his order  and upon conclusion of its contract, in a readable and understandable manner, these general conditions and all the information listed in article VI.45 of the Code of Economic Law.

Article 8 – Price

Prices are indicated in euros (€) and include the VAT applicable on the day of the order, if applicable.

Any change in the applicable VAT rate will be automatically reflected in the price of the Products offered for sale on the Site.

They do not take into account delivery costs, which are subject to additional invoicing, and the amount of which is indicated before validation of the order.

From €100.00 of purchase on the Site, delivery costs are offered by the Seller to the Buyer.

The Seller reserves the right to modify its prices at any time, but will apply the prices in force indicated at the time of the order, subject to stocks available on that date.

If one or more taxes or contributions, particularly environmental, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the Products.

Article 9 – Description of the products

The Products are described and presented with the greatest possible accuracy.

However, in the event of an error or omission in this presentation, the Seller cannot be held liable.

Photos of the products are not contractual.

Article 10 – Order

The Buyer can, from the Site, place his order while stocks last.

If the ordered product is no longer in stock, the Buyer will be immediately informed.

The order is carried out according to the process set up by the Seller and includes successive stages which lead to its validation.

In order to place an order, the Buyer must first register on the Site by creating an account bringing together all their useful information (surname, first name, billing and delivery address, address electronic, bank details, etc.).

The Buyer undertakes to provide accurate and complete data and ensures that his personal information is kept up to date.

In the event of errors or missing information, the Seller cannot be held responsible.

The Buyer can select as many Products as he wishes and these will be added to the basket which can be freely modified by the Buyer before validation of his order.

The Basket summarizes the selected Products, the price and the related costs.

Prior to validating his order, the Buyer must accept these general conditions by clicking on the tab provided for this purpose.

It must also specify the delivery method and address as well as the means of payment used.

The sale will be considered final after, on the one hand, electronic confirmation by the Seller to the Buyer of acceptance of his order (within 14 calendar days maximum) and on the other hand, payment of the entire price and costs by the Buyer to the Seller (within 14 calendar days maximum).

While awaiting payment, the Seller reserves the right to hold the order and delivery on hold.

If no payment is made within 8 calendar days after confirmation by the Seller to the Buyer of acceptance of his order, the Products will immediately be put back on sale.

Article 11 – Confirmation of the order by email

The Buyer accepts the use of email for confirmation of his order by the Seller.

This electronic confirmation is accompanied by these general conditions of sale as well as the standard withdrawal form, also available on the Site.

Article 12 – Evidence

The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof. 

Article 13 – Payment

Placing the order implies payment in full (costs included) by the Buyer within a maximum of 7 calendar days.

The accepted payment methods are: bank transfer, credit card and bancontact.

The Buyer acknowledges that the communication of his bank card number to the Seller constitutes authorization to debit his account.  up to the Products ordered.

In the event of non-payment, the Seller sends a notification of cancellation of the order to the Buyer by email.

In the event of refusal of payment authorization by a banking organization, the Seller reserves the right to suspend the management and/or delivery of the order placed by the Buyer.

The same applies in the event that the Buyer has not fully honored a previous order and in the event of a payment dispute.

Article 14 – Delivery and sanctions in the event of non-compliance with deadlines

Except in cases of force majeure, delivery takes place within the days following confirmation of the order by the Seller and in any event within a maximum period of 5 working days from the date of registration of the order mentioned in the email. of confirmation.

In the event of non-compliance with the aforementioned deadline, the Buyer must, before requesting termination of the contract, invite, in writing, the Seller to make delivery within a reasonable time.

In the absence of voluntary performance, the Buyer may terminate the contract.

When the contract is terminated, the Seller must reimburse the Buyer for all sums disbursed and at the latest within 14 days following the date of termination.

Article 15 – Delivery terms

Delivery is only made after confirmation of payment by the Seller's banking organization.

The Products are delivered to the address mentioned by the Buyer or are collected from the store.

Any order returned to the Seller in the event of an incorrect or incomplete address will be reshipped at the Buyer's expense.

If at the time of receipt of the delivery, the packaging is damaged, torn or opened, the Buyer is obliged to ensure the condition of the Products.

If they are damaged, the Buyer must refuse the package by indicating a reservation on the delivery slip.

This verification is considered completed as soon as the Buyer, or any person authorized by him, signs the delivery slip.

Article 16 – Return of a Product

If one or more Products must be returned to the Seller, the Buyer must submit a return request to the Seller within 14 calendar days.

After this period, no complaints can be accepted.

Article 17 – Transfer of risks

The Products are shipped at the Seller's risk.

The transfer of risks takes place after delivery.

Article 18 – Right of withdrawal

If the Buyer is not satisfied with the Product purchased, he has a withdrawal period of 14 calendar days from the day he took physical possession of the Product (i.e. the day of delivery).

The Buyer must inform the Seller, unambiguously, of his desire to withdraw by means of the standard withdrawal form attached to these general conditions of sale and available here .

The Buyer must then return the Product within 14 days after having informed the Seller of his intention to withdraw; the burden of proof rests on the Buyer.

Return costs are the responsibility of the Buyer.

The Seller must reimburse the Buyer for the price of the Product as well as delivery costs within 14 days after being informed by the Buyer of his wish to withdraw.

The Seller must only reimburse standard delivery costs (any additional costs remain the responsibility of the Buyer).

The refund is made using the same payment method as that used by the Buyer for the initial transaction.

The Seller reserves the right to refuse returns sent or communicated after the return deadline or items that are not in the same condition in which they were received.

Article 19 – Protection and use of personal data

The personal data collected on the Site are as follows:

• Opening of the account: name, first name, telephone number, address, delivery address, billing address and email address of the Buyer;
• Connection: name, first name, connection, usage and location data of the Buyer;
• Payment: bank details of the Buyer;

The purpose of the personal data collected is to provide the Site's services, their improvement and the maintenance of a secure environment.

The Buyer has the following rights:

• Update or delete data concerning them by connecting to their account on the Site;
• Delete the account by writing to radical-shop@hotmail.com ;
• Exercise their right of access by writing to radical-shop@hotmail.com ;
• Request an update of your information by writing to radical-shop@hotmail.com
• Request the deletion of your personal data by writing to radical-shop@hotmail.com ;

Article 20 – Legal guarantee

The 2-year legal guarantee of conformity applies to all Products.

Article 21 – Force majeure

Any circumstances beyond the control of the Parties preventing the execution of their obligations are considered causes of exemption and result in their suspension.

A party invoking force majeure must notify the other immediately.

The following are considered force majeure:

• Blocking means of transport or supplies;
• Earthquakes ;
• The fire;
• Storms and floods;
• Lightning;
• The shutdown of telecommunications networks or difficulties specific to the networks in question.

In general, all unforeseeable facts or circumstances, independent and external to the will of the Parties which prevent the execution of their contractual obligations.

Article 22 – Intellectual property

The content of the Site (photos, drawings, logo, documents, domain name, etc.) remains the property of the Seller, the sole owner of the intellectual property rights to this content.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 23 – Dispute and applicable law

These general sales conclusions are drawn up in French.

In the event that they are translated, only the French text is authentic in the event of a dispute.

These general conditions are subject to the application of Belgian law.

In the event of a dispute, the Buyer contacts the Seller as a priority to try to find an amicable solution.

As part of the extrajudicial resolution of disputes, the Consumer Mediation Service set up by the Federal Government is competent to receive any request for extrajudicial resolution of consumer disputes.

This service will process the request itself or transfer it to the qualified entity. You can contact the Consumer Mediation Service via the following link: http://www.mediationconsommateur.be//fr

In the event of a cross-border dispute, the European Union's "Online Dispute Resolution" platform can be used via the link: https://ec.europa.eu/odr (art.14 EU regulation 524/2013).

This platform aims to offer consumers qualified amicable dispute resolution entities capable of handling disputes between consumers and businesses located in the European Union.

In the absence of an amicable settlement, only the courts of Liège have jurisdiction.

 

January 2021