Article 1: Preamble
These terms and conditions of sale are agreed, on one hand by the company NEW CORICA SPRL , whose head office is located in Rué Marché aux Poulets 49 in 1000 Brussels, registered in the Crossroads Bank for Enterprises under number 0443.680.968, hereafter referred to as « the Seller », and on the other hand, by any natural or legal person that wishes to make a purchase through the website of the Seller, hereafter referred to as « the Buyer » .
Article 2: Object
The terms and conditions of sale in question intend to define the contractual relations between the Seller and the Buyer, as well as all conditions that apply to purchases made via the website of the Seller, whether the Buyer is professional or not. The acquisition of goods or services through the present site implies the Buyer accepts the present terms and conditions of sale in their entirety. These terms and conditions of sale take precedence over any other general or particular terms and conditions that weren't explicitly agreed to by the Seller. The Seller reserves the right to modify the terms and conditions of sale at any given moment. In that case, the terms and conditions apply that were valid the day of the Buyers order.
Article 3: Properties of the offered products
The quoted products are those that figure in the catalog on the website of the Seller. Every product is accompanied by a description written by the Seller. The photographs in the catalog are as truthful as possible, but can't guarantee a perfect similarity to the offered product, especially with regards to colour. The products and services are offered while stock lasts. If all or part of the products are unavailable, despite the efforts that were put in, the Seller will notify the Buyer as soon as possible and offer the Buyer the possibility to either wait or cancel the order of the unavailable products free of charge. Available products will be delivered normally.
Article 4: Price
The prices of the quoted products on the site are listed in terms of euros, including taxes (VAT and other applicable taxes). The Seller reserves the right to modify his prices at any given moment. Nevertheless, the prices that apply to the order are those that are in effect when the order is confirmed. The indicated prices don't include the charges for the treatment of the order, transport and delivery, insofar these have place in the geographical areas mentioned hereafter. The payment is made with Visa, Mastercard or Maestro. The ordered products remain our exclusive property until the order has been integrally paid for by the Buyer.
Article 5: Geographical areas
The online sale of products and services on the Sellers site is limited to Buyers that reside in Belgium, France, Zwitserland, the Grand Duchy of Luxembourg, Germany, Italy, Spain, Sweden, Denmark, Austria, Finland, Poland, Portgual, Ireland, Norway, the Netherlands and the United Kingdom, insofar the requested deliveries have place in these geographical zones.
Article 6: Orders
The Buyer, who wishes to purchase a product is obliged to:
fill in the identification form on which he will indicate all required data or mention his client number, in case he has one;
fill in the online order form with all references of the chosen products or services;
verify and validate his order;
realise the payment in accordance with the mentioned conditions;
confirm the order and its payment. The confirmation of the order implies that the Buyer has taken perfect cognizance of the present terms and conditions of sale and has fully accepted those. The Buyer thereby also renounces the right to let his own or other terms and conditions of sale take precedence. The totality of given data and the registered confirmation serve as proof of the transaction. The confirmation serves as the signature and acceptance of the operations that were carried out. The Seller will inform the Seller of the registered confirmation of the order by e-mail.
Article 7: Right of Revocation
In accordance with the law, the Buyer has the right to notify the Seller within 14 workdays counting from the day of the products delivery or the day of the completion of the service contract that he cancels his purchase, free of charge and without having to give any reasons. Professional Buyers don't have this Right of Revocation. Within this time span, the Buyers must notify his intention to cancel the order by sending an e-mail to firstname.lastname@example.org and return the delivered product to the head office of New Corica SPRL at his expense and risk : Rue Marché aux Poulets 49 in 1000 Brussels. The products must be returned in their original packaging, undamaged and accompanied by all their accessories, the instruction manual as well as the invoice/ original order form. The returned products may not have been unpacked, unsealed or used in any way. Products that are incomplete, damaged, spoiled or dirtied by the Buyer will not be taken back. The Seller pledges to refund eventual payments, excluding shipping fees, within 30 days after having accepted to take back the products. The Right of Revocation doesn't apply to the sale of perishable goods over the internet. This legal restriction of the Right of Revocation is justified by the perishable nature of the products and the fact that the Seller can no longer guarantee the products be in good state once they've been delivered.
In case of wrongful return, New Corica SPRL reserves the right to refuse an ulterior order.
Article 8: Delivery
The deliveries are made at the address as stated on the order form, which can't be elsewhere than in the mentioned geographical area. The products are transported at the Sellers risk until they have been delivered at the address as specified by the Buyer. As from that moment, the risk shall pass to the Buyer.
The given delivery times are mere estimates, but New Corica SPRL commits itself to carry out the deliveries of the requested articles as quickly as possible. The average delivery time for available products amounts to 7 days in Belgium. If the delivery time surpasses 30 days with effect from the completion of the order, the sales contract can be dissolved and the Buyer refunded.
Article 9: Warranty
With regard to the consumers, the Seller warrants that the products he sells and delivers are in accordance with the law of 1 September 2004 regarding the protection of consumers in case of sale of consumer goods articles 1649 bis to 1649octies of the Civil law). In case non-conformity of any sold product is observed within 2 months following the delivery of the product, the Buyer must immediately notify the Seller in a precise manner by registered letter. This warranty only covers non-conformity existing at the time of the delivery of the products. Neither does the warranty cover flaws or damage due to a wrong use, such as water, oxidation, fall or impact damage, negligence and normal wear. Reparations carried out by technicians that are not approved by the Seller will also lead to the cancellation of the warranty. The invoice or order form serve as certificate of warranty and must be conserved by the Buyer in its original form. If the product is used for non-private purposes, the warranty conditions of the manufacturer/supplier apply.
Article 10.: Liability
New Corica SPRL only has an obligation of means for all steps regarding the access to the site, the treatment of orders and the delivery of ulterior services.
New Corica SPRL is not liable for inconveniences or damage inherent to the use of the internet, in particular a discontinuation in service, an intrusion by an external party, the presence of a computer virus or anything that can be qualified as Force Majeure in accordance with the legislation.
The products are sent by means of the usual postal services.
New Corica SPRL is in no way liable in case of a serious delay due to the postal service or transport services. The same applies in case of loss of the ordered products or strike.
The transportation takes place at the Buyers risk. It's also the Buyers responsibility to file common complaints at the transport or postal services.
New Corica SPRL can't be held liable for damages of any nature, be it material, immaterial or corporal, that might be caused by a malfunction or wrong use of the commercialized products.
The same applies to potential modifications of products by the suppliers.
The liability of New Corica SPRL is in all cases limited up to the amount of the order at issue. New Corica SPRL isn't liable for simple mistakes or omissions in the presentation of the products that could have persisted notwithstanding the taken precautions.
New Corica SPRL can't be held responsable in regard to a client or a third party for any kind of indirect damage, loss of use or loss of revenue or profits in any way.
The legal guarantee of conformity, latent defects and the construction guarantee apply to the majority of the sold products. The duration and the extent vary depending on the products and brands.
Whatever the problem regarding the product may be, the Buyer must present the defective appliance, a copy of the invoice, the guarantee tag of the product (present in the package) and the return slip.
The guarantee does not to apply to the repair of damages resulting from an external cause (accident, lightning, fuses, current fluctuation...) or from a user error, for example from a utilization or installation in discordance with the specifications given by the manufacturer, from a utilization that's harmful to the proper preservation of the appliance, from a commercial of collective utilization...
In case the products don't answer the information given in the presentation on the site, they will be replaced or refunded, depending on the availability of similar products and the will of the Buyer.
Excluded from the guarantee are: products that were modified, repaired, integrated or added by the Buyer or any other person without the Sellers authorization.
The guarantee doesn't cover patent defects and non-conform products, for which any complaints must be formulated in writing by the Buyer within 7 days of the delivery of the products, if not the rights will lapse.
Neither does the guarantee cover products that are damaged because of wrong utilization.
Under no circumstances can New Corica SPRL be held liable in case the manufacturer refuses to apply his guarantee due to the aforementioned reasons.
Article 11: Intellectual property
All elements of the Sellers site are and remain the Sellers exclusive intellectual property. No one is authorized to reproduce, exploit or use the site's software, visual or auditive elements in its entirety or partly for any purpose whatsoever. The use of any link, be it simple or via hypertext, is strictly forbidden without the Sellers previous explicit written permission.
Article 12: Personal data
All personal data required for the treatment of an order are stored by the Seller or his partners and can be transmitted to companies with whom the Seller or his suppliers collaborate, insofar as this communication is necessary to process the order. The Buyer also authorizes the Seller to use his data in order to produce statistics for the improvement of his site or the products and services the Seller offers. This information could furthermore be used to spread information regarding the Sellers commercial activities to his customers by means of any communication media. The Seller stores the personal data to simplify ulterior orders. Besides, the Seller pledges to restrain from passing the given data on to another partnership or company. The stored data can be requested and corrected on demand at any time.
Article 13: Evidence
Both parties accept, under the terms of their mutual relations, the electronic items of evidence (for example: e-mail, computer backups).
Article 14: Dispute resolution
The present terms and conditions of sale are governed by and construed in accordance with the Belgian law. If a dispute should arise, Buyer and Seller agree to submit to the jurisdiction of the court of the Sellers head office, except in case of imperative public order provisions.