Close out shop SA
Rue du Mail 90, 1050 Bruxelles
The present general terms of business aim at defining the contractual relationship between the seller and the buyer and the terms to be applicated to every buy done via the business website of the seller, the buyer being a professional or a consumer, as far as he is major and having legal capacity.
The present general terms of business are applicable for every order done by the buyer at the seller. The general terms of business exclude all general terms of business and particular terms of buying of the buyer not expressly agreed by the seller.
The seller holds itself the right to be able to modify its general terms of business at every moment. In this case, the terms of application are those applicable on the date of the order from the buyer.
Every order will only be accepted by the seller by written confirmation of him to the buyer by e-mail. Excepted otherwise proven, the buyer recognizes that he has been aware of the present general terms of business.
The products offered are those that figure in the WEBSHOP catalogue published on the website www.homepagebrussels.com
These products are offered in the limit of the available stocks.
The photographies of the catalogue are as ? possible but cannot ensure a perfect exactitude with the offered product, a.o. concerning the colours. The seller cannot be hold responsible for a slightly difference od the characteristics with the final delivered product.
The on-line sale of the products presented on the website is eserved for the buyers who live in Belgium, France, Germany, the Netherlands, Luxemburg.
The buyers who live outside the geografical area stated hereabove can send their individual orders by e-mail sent to email@example.com, without however proceed to online orders.
Excepted otherwise stipulated, our prices are VAT included. The sale price to consider is the price indicated on our site www.homepagebrussels.com the day of the passing of the order, or those figuring in our most recent catalogue. Excepted express waiver, the payment of the totality of the price is required during the passing of the order.
The seller reserves the right to modify its price at every moment, being however understood that the price figuring in the catalogue on the day of the order will be the only one to be applied to the buyer.
The indicated prices do not englobe the costs for treatment of the order, of transport and delivery.
The buyer who wished to buy a product or a service must obligatory :
The confirmation of the order results in the acceptation of the present conditions of sale, the reognition to know them perfectly well and the renunciation to rely upon its own purchase conditions or other conditions.
The totality of the data given and the registrated confirmation will serve as proof of the transaction. The confirmation will be valid as signature and acceptation of the operations done.
The seller will communicate by e-mail the confirmation of the registered order. The selling contract will be considered as being valably concluded as soon as this confirmation has been received. The data registered via the website www.homepagebrussels.com are the proof of the totality of the transactions passed between the seller and the buyer.
The buyer is responsible against the seller of the orders dat would have been done in its name by unauthorized third parties. The buyer assumes a.o. the risks linked to the abusive use of the access means allowing the ordering of goods via the web.
The orders done in conformity with the requests of the buyer cannot be cancelled.
The price is exigible in its integrality by ordering. The order of the buyer will only be registered if the payment is immediate.
The payments willbe done by bank creditcard ; they will be realized by the securized system Ingenico that uses the protocol SSL (Secure Socket Layer) and as a consequence the transmitted information is encrypted by a software and that no third party can take knowledge of it during the transport on the network.
Ingenico has developed the PCI certifications delivered by Visa and MasterCard and TDC of American Express, that impose a.o. the figures 128 bits and the techniques of strong figures. Ingenico integrates the identification processes 3D Secure (Verified by Visa, MasterCard SecureCode and JCB J/Secure) to offer to its users a larger protection against on-line fraud. For a greater security, Ingenico has also developed a whole set of modules that reinforce the security of the peyments in terms of fraud detection, of access of users or storage of financial data. More information is available on the website www.ingenico.be.
The account of the buyer will be debited as soon as its order is accepted by the seller and to the amount of the price od the ordered products, majored with the costs of treatment of the order, of transport and delivery.
On request of the buyer, an invoice will be sent to him on paper, mentioning the VAT. In this case, the invoice will be written on the day of the order and will be communicated to the buyer at least on the day of delivering of the ordered products.
The buyers, natural persons, assimilated to a consumer because realizing the sale for non professional purposes, benefit of a delay of waive of fifteen days from the day of registration of their order to let it cancel and if the delivery already took place, return the product to the seller for exchange or reimbursement without penalty, excepted for the costs of return let definitively to their charge.
In case of return, after effective reception of the delivered goods, in perfect state and in their original package, the selling price is reimbursed, under deduction of the costs for return.
Our products are delivered either at the residence or the registered office of the buyer, as far as he lives in the agreed geografical area, either at the registered office or the exploitation office of the seller.
As a consequence, the buyer supports the transportation and the risks linked to the product as soon as they take possession of it and by default, as soon as they are set at his disposal. In case that the buyer would indicate another delivery place, the take off, and if necessary, the storage of the products will be done at its risks and at its costs.
The costs for transportation and delivery designed at article 4 never include the storage costs between the registered office of the seller or the vehicle of the transporter and the premises of the buyer. In case of difficult access or too much weight of the total delivery, the buyer foresees on its exclusive costs, the temporary installation of an elevator or of every other storage engine made necessary by the configuration of the premises.
The delay for delivery is given for indication.
No delay in delivery can have as consequence the reversing by the buyer of the sale contract or the payment of damages and interest from the seller. This clause does not apply to a buyer, natural person and consumer handling with non professional purposes. However, whatever be the quality of the buyer, the seller is exonerated of each responsibility if he can prove that the delay in delivery results from a reason independent of its will or its fact.
Moreover, the seller has the right to refuse to sell its products in function of the availability and the sufficience of its stocks, or for every legitimate reason, and holds the right to make partial deliveries.
Orders will be delivered at the front door, level zero.
Deliveries in Belgium are free.
Deliveries in France, Luxemburg, the Netherlands and Germany :
- Cart inferior to 1000€ : delivery costs 60€
- Cart superior to 1000€ : free delivery
All orders will be delivered in one tim on ground floor.
All elements of the site of COS SA are and remain exclusive intellectual property of the seller.
Nobody is authorized to reproduce, exploit, rediffuse or use on every title that may, even partially, elements of the site, either being software, visual or audio elements.
Every simple link or by hypertext is strictly forbidden without express written agreement of the seller, under penalty of exposing oneself to the payment of a fixed penal clause of an amount of 15 000.00 €, without prejudice of the right of the COS SA to claim superior damages and interests if he can prove a more important damage.
10.1 Buyer handling on professional purposes
Every denunciation of a visible default or of an conformity default affecting the delivered products must be notified to the seller within the seven days of the delivery of the products. The receipt of the products by the buyer or its representatives has as effect to cover every visible default that could be noticed at the moment of the delivery.
Every denunciation of a hidden default of the delivered products should be notified to the seller within the 15 days of the discovery of the defaults by the buyer, or from the moment that he could have reasonnably discovered them. Every legal procedure concerning the hidden defaults should be introduced within the 30 current days from the discovery of the defaults by the buyer, or from the day that he could have reasonably discovered them, or from the day of the failure of the negociations with purpose of a friendly settlement. No product shall be sent back to the seller excepted prior written approval of his side.
During a period of one year from the delivery of the products, the guarantee of the seller is exclusively limited to, either the reparation or the replacement of the defect products, or at the restitution or reduction of the invoiced price, without other compensation.
Moreover, the responsibilty of the seller is excluded in case of damage caused jointly by a default of the delivered products and by the fault of the victim or from a person of which the victim is responsible. The guarantee expires after this period of one year.
10.2. Buyer handling with non professional purposes
The buyer has legal rights on title of the Law of September, 1, 2004, handling the sale of consumer goods, that are not affected by the present guarantee. The present article is valid as a guarantee in the sense of article 1649 quarter, § 3 of the Civil Code.
In case of unilateral cancellation of every sale by the buyer, he is owing to the seller, as a title of forfeit money, an amount equal to 30% of the VAT value included of the sale price, majored with the costs of treatment of the order.
Each party will have the right, after a formal notice that remained fruitless during fiftheen days, to make and end as of right to the convention, in the eventuality that the other party would remain in default to execute all or part of its obligations.
Excepted in case of circumstances and without prejudice of other disposals of the current general business terms, in the eventuality that the seller would remain in default to execute every obligation of the convention causing prejudice to a buyer handling with non professional purposes, the seller will be owing, after receipt of a formal notice that remained unattended during fifhteen days, to the buyer a compensation of 10% of the amount of the value exclusive VAT of the order.
The happening of each event, such as among others, all interruptions of production, out of stocks, breaking of transport or delivery, strikes, lock-out, embargo, war, terrorist attacks or consequences of terrorist attacks, insufficiency of raw materials, epidemis diseases, heavy rains and more generally, every event of similar nature affecting the parties or their suppliers and causing a delay or making impossible the execution of their respective obligations. The party that evokes such an event will notify to the other party as soon as possible the proof of its occurance. The execution of its obligations will be suspended until the notification of the end of the event, being understood that no party could claim any compensation to the other party.
The parties will do everything to reduce the difficulties and damages caused. If the circumstances outside one’s control last more than sixty days, the parties will do everything to renegociate the later execution of the sale contract. By default of agreement, each party will have the right to terminate it by notification sent to the other party.
The seller, in the process of on-line sale, is only obliged with a obligation of means ; its responsibility could only be engaged by a damage resulting from the use of the web such as loss of data, intrusion, virus, stop of service, or other problems independant of one’s will.
The treatment by the seller of personal data received by the buyer aims at the execution of this convention, the administration of the clients, the promotion of products ans services of the seller, the establishment of personnalized information campaigns and of direct marketing, herein included via e-mail, as well from the seller than from its daughter companies or sister companies.
The seller holds the right to collect information about the the buyers, herein included by using cookies, and if he wants it, to transmit to business partners the collected data.
The buyers can oppose themselves to the divulgation of their coordinates by notifying it to the seller.
At every moment, the buyer has a free right to access, control and rectification of the personal data that concern him in conformity with the law of December 8, 1992 concerning the protection of private life regarding the treatment of data with personal character. The responsible person for the treatment of data is the delegated manager of the seller.
The nullity or the inapplicable character of one the clauses of the present general terms of business cannot affect the validity or the applicability of the other clauses. If necessary, the parties commit oneselves to replace the null or inapplicable clause by a valid clause that is as close as possible of an economical point of view of the nul or inapplicable clause.
The fact that the seller does not rely upon the present business terms at a certain moment, cannot be interpreted as a renunciation to prevail about it later.
Every communication or notification between parties will be valably done by registered letter, telefax message, e-mail with confirmation of receipt, for the seller, at his registered office and for the buyer, at his registered officile or residence.