General terms and conditions
Name: Petrol Brothers
Adress: Nijverheidstraat 94 - 8791 Beveren (Leie) – Belgium
E-mail address: email@example.com
Telephone number: 0496 80 41 54
VAT number: BE 0777310092
I. MODALITIES FOR ONLINE PURCHASES
ARTICLE 1 - OBJECT AND SCOPE
- 1.1. The present General Terms of Sale govern the rights and obligations of the parties in connection with the sale of products via the Petrol Brothers website, available at Nijverheidstraat 94 - 8791 Beveren (Leie) - Belgium. The present General Terms of Sale only govern the sale of products presented on the Site.
- 1.2. The General Terms and Conditions are concluded between, on the one hand, the company/natural person Petrol Brothers. (VAT BE 0777310092..), with registered office tel 0496 80 41 54. Nijverheidstraat 94 - 8791 Beveren (Leie) - Belgium, hereinafter called the "Seller", and on the other hand, the person who wishes to consult the Site and make a purchase, hereinafter called the "Customer". The Customer and the Vendor are hereinafter jointly referred to as the "Parties". The Parties agree that their relations are exclusively governed by the present General Terms and Conditions, unless otherwise agreed.
- 1.3. Any order for a Product or service offered at the Site presupposes prior consultation and express acceptance by the Customer of the present General Terms and Conditions, without, however, this acceptance being conditional on a written signature from the Customer. In accordance with the legal provisions in force in Belgium on electronic signatures, the Seller may consider the Customer's order by the methods offered (see Article 2.3) as an electronic signature of the same value as a written signature, with the contractual consequences arising therefrom.
- 1.4. The Customer ordering a Product on the Site must have full legal capacity.
- 1.5. The Seller reserves the right to modify the General Terms and Conditions and make the new version available to Users through the Site.
ARTICLE 2 - PROTECTION OF PRIVACY
The company Petrol Brothers.. stresses its commitment to carefully respect the trust you have placed in it and, to this end, to apply the legal obligations relating to the protection of personal privacy. Therefore, as a Client, you have a right to access, modify, correct and delete the data concerning you, a right which you can exercise by contacting us by letter at Nijverheidstraat 94 - 8791 Beveren (Leie) - Belgium, by e-mail at firstname.lastname@example.org by telephone at 0496 80 41 54...
ARTICLE 3 - TERMS AND CONDITIONS FOR ONLINE PURCHASES
- 3.1. Purchase price of the Product or service
The price of each Product or service sold on the Site is indicated in Euros, including VAT. This price does not include delivery costs, which are borne by the Customer. The Products shall be invoiced on the basis of the price in force at the time of the order confirmation, even if the Seller changes its prices after the sale.
- 3.2. Delivery Costs
When placing an Order, the Customer undertakes to pay, in addition to the Purchase Price of the products ordered, the delivery costs. The costs shall be invoiced on the basis of the rates in force at the time of the Order validation, even if these costs were to be modified after purchase. These costs shall not be reimbursed to the Customer if he returns his Order pursuant to his right of withdrawal or the legal guarantees provided for in Articles 6 and 7 respectively of these General Terms and Conditions.
- 3.3. To carry out an order, the Customer must complete the order form made available on the Site, send an e-mail to the address email@example.com or place his order by telephone, through which he shall also provide the necessary information for the transaction. The Vendor shall not be liable for any consequences arising from the transmission of incorrect information. By placing an order, the Customer accepts the whole of these General Terms and Conditions and undertakes to pay the whole of the amount due.
- 3.4. The data stored by the Seller shall be evidence of the contractual relations established between the Parties.
- 3.5. The Vendor reserves the right to cancel any order or delivery in the event of a dispute with the Customer, non-payment of all or part of the price for a previous order or refusal by the banking institutions to authorise payment by credit card. In this case, the Seller's liability shall not be affected.
- 3.6. The Customer may cancel his order as long as it has not been sent. The order shall then be immediately cancelled as well as the payment request if the payment has not yet been made. If the Seller has already received payment, the entire Purchase Price shall be refunded to the Customer. After delivery of the products purchased, the Customer may no longer cancel the order but shall be entitled to exercise his right of withdrawal (see Article 6).
ARTICLE 4 - PAYMENT MODALITIES
- 4.1. For the payment of the Purchases, the Customer has the choice between different payment methods:
- with credit card type Visa, Mastercard or American Express
- with Bancontact
- via PayPal.
- 4.2. The validity of the payment is confirmed or not after verification with the issuing banking institution. If the payment is confirmed, the debit shall take place according to the modalities agreed with the card issuing banking institution. The Product(s) shall remain the property of the Seller until full payment has been received by the Seller.
- 4. 3. Liability
The Seller cannot be held liable for inconveniences or damage inherent in the use of the Internet work (e.g. computer virus).
ARTICLE 5 - SHIPPING AND DELIVERY TIMES
- 5.1. The delivery of the Product(s) that are the subject of the transaction shall be made by the Seller, anywhere in Belgium. The Seller shall make its best efforts to ensure that the Order is sent to the address indicated by the Client within the days following the Order validation. The deliveryman shall arrive at the address indicated by the Client between 8h and 18h, during weekdays, and shall hand over the parcel to the addressee or any other person present at the address indicated. In case of absence, a message will be left in the mailbox with information on the procedure to follow. It is then up to the Customer to collect his parcel or contact the delivery person to agree on a new delivery mode for the parcel. If the Client does not arrange for a new delivery within 2 weeks from the Order's first arrival, or if he is absent at the time of the new delivery, the Order shall automatically be returned to the Seller. In this case, additional delivery costs may be demanded from the Client.
- 5.2. Each delivery shall be deemed to have been effected as soon as the Product has been received by the Customer, with automatic transfer of risk to the latter. The receipt is made out by the delivery person.
- 5.3. Upon receipt of his package, the Customer must check the quality of his purchase and has the right to formulate any complaints pursuant to his right of withdrawal or the legal guarantees, as stipulated in Articles 6 and 7 respectively of these General Terms and Conditions. He may also refuse the package if it is obvious that it has been opened or if it shows obvious signs of damage due to negligence during delivery. In this second case, the complaints must be communicated to the Vendor within three working days following the delivery of the parcel.
ARTICLE 6 - RIGHT OF WITHDRAWAL AND RETURN PROCEDURES
- 6.1. The Consumer has the right to notify the Company that he renounces his purchase, without having to pay a penalty and without having to state a reason, within a period of fifteen (15) calendar days starting from the day following the delivery of the Product or the conclusion of the service contract in accordance with the provisions of the law of 6 APRIL 2010 on market practices and consumer protection. From the moment the Client expresses his intention to return all or part of his Order, he has 10 calendar days to return the Products to the Seller. If this period is not respected, the Client shall be deprived of his Cancellation right and his Order shall be considered as definitive.
- 6.2. The return to the Seller shall be made to the following address: Nijverheidstraat 94 - 8791 Beveren (Leie) - Belgium The Customer may choose the method of delivery, but must be aware that he will be responsible for the costs and risks associated with returning the package, and must keep the proof of sending.
- 6.3. In the event that the Customer exercises his right of withdrawal, the Vendor undertakes, after having checked the returned items (see Article 6.5.), to reimburse the Customer for the Purchase Price at the latest within thirty (30) calendar days of receipt by the Vendor of the returned package, delivery costs not included.
- 6.4. If the Customer has paid for his order by credit card, a credit shall be made on the credit card used by the Customer to the value of the Purchase Price of the returned articles. The Customer will be reimbursed according to the terms agreed with the card issuing bank. If the Customer has paid by another means of payment, the reimbursement shall be made by bank transfer to the account number provided to the Vendor. The Vendor declines any responsibility in the case of an invalid refund caused by an incorrect account number given by the Customer.
- 6.5. The Customer will not be able to exercise this right of withdrawal if the delivered Products have clearly been used, soiled, and/or damaged, or if any parts are missing. The Product(s) must be returned in their original packaging, with all accompanying documents and accessories. If the returned items are not accepted for the above-mentioned reasons, the Customer will have to take them back without reimbursement.
ARTICLE 7 - LEGAL GUARANTEE
- 7.1. Insofar as the Customer has the capacity of a consumer and insofar as the product in question is a consumer good, the Customer benefits from the legal guarantee for any lack of conformity of the products delivered, in accordance with the Belgian legislation in force and for a period of two years from delivery. Any defect detected within a period of 6 months from delivery shall be deemed an original defect. After this 6-month period, the Seller may, if the circumstances so warrant, dispute the fact that the defect was already present at the time of delivery of the product. If the warranty conditions are met, the Customer may demand the replacement of the item in question, at no extra cost, within a reasonable time and according to the availability of comparable items, or the refund of the Purchase Price. The Vendor reserves the right to refuse the exchange or reimbursement of the item under warranty if it appears that the item has not been used in accordance with the instructions or in the event of misuse by the Customer.
- 7.2. Contrary to the right of withdrawal (see Article 6), the Vendor shall reimburse the Customer for the cost of returning the item in respect of which the latter has invoked the legal guarantee, provided that the return is carried out by the delivery person chosen by the Vendor and that the item can be exchanged or reimbursed (see Article 7.1). In the event of exchange, the delivery shall also be at the Seller's expense.
ARTICLE 8 - DISPUTES
- 8.1. These General Terms and Conditions are subject to Belgian law. Any dispute for which no amicable settlement could be found is subject to the exclusive jurisdiction of the courts of the judicial district.
- 8.2. The exchanges between the two Parties, kept by the Seller, shall be considered as evidence to be taken into consideration.
- 8.3. The present Terms and Conditions constitute a contractual agreement between the Parties. We strive to update them in accordance with Belgian legal changes that may have an impact on them. Nevertheless, it may happen that one or more articles are declared invalid by virtue of a law, a regulation or by final decision of a competent court. In this case, the other conditions shall nevertheless remain in full force.