General Terms and Conditions of Sale
Article 1: Preamble
These General Terms and Conditions of Sale are applicable to contracts concluded between, on the one hand, SRL HOPSEIDON, a company with registered offices at 70 Rue de Grady 4053 EMBOURG, registered to the Crossroads Bank for Enterprises (CBE) with business registration number BE0735626422, hereinafter referred to as "the Seller" and, on the other hand, any consumer wishing to proceed with a purchase via the web site «www.hopseidon.be», hereinafter referred to as " the Purchaser ". Consumer means any natural person who is acting for purposes which can be regarded as outside his trade, business, craft or profession (art. I.1, 2°, of Economic Law Code).
Article 2: Object
These General Terms and Conditions of Sale are intended to define the contractual relationship between the Seller and the Purchaser, as well as the conditions applicable to any purchase made via the web site (www.hopseidon.be). The acquisition of any goods via the present website implies unreserved acceptation of the presents General Terms and Conditions of Sale by the Purchaser. These General Terms and Conditions of Sale shall prevail over any other conditions not expressively agreed by the Seller. The Seller retain the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions shall be those in force at the time the order is received.
Article 3 : Features of goods offered
The products offered for sale are those listed in the catalogue published on the Seller's website. Each product is accompanied by a description established by the Seller. The catalog's photos are provided for information purposes only and are of no contractual character.
Article 4 : Price
The total amount of the order placed by the Purchaser, as displayed on the Seller's website before its validation, is displayed in euros including all taxes (VAT and other applicable taxes) and other expences, such as delivery. The Seller reserves the right to change prices at any time. However the products ordered will be invoiced according to the price in use at the moment of the order validation. The Seller reserves the right to immediately increase its prices due to a modification or an increase of the VAT tax rates prior to or at the delivery date.
Article 5 : Orders
The Purchaser, who wishes to buy a product or service must:
1 - be over 18 years old ;
2 - fill in the identification sheet or give his customer's number if he has one ;
3 - fill in the online order form by indicating all the relevant references of the products chosen ;
4 - confirm the order after reviewing it ;
5 - acknowledge and accepte the present General Terms and Conditions of Sale ;
6 - carry out the payment under the conditions envisaged. ;
7 - Confirm his order and payment.
The purchase should be deemed to have taken place when the order placed by the Purchaser is confirmed by the Seller. The confirmation will be sent by e-mail to the email address provided by the Purchaser when placing the order. In all cases, the Seller's confirmation of the order placed by the Purchaser will indicate the total cost of said order as well as details of each purchase made (unit price excluding value-added tax, discounts, refunds, rebates, taxable amount of the VAT, VAT rate applied to each taxable amount, miscellaneous expenditure,…) ; a detailed description of the order placed by the Purchaser; the day of the conclusion of the contract; full legal name, address of registered office and VAT number of the Seller; name and full address of the legal domicile of the Purchaser; the approximate date of delivery or the delivery period. The on line products offered by the Seller are reserved to Customers residing in the Member States of the European Union, and for deliveries requested in those geographic areas géographiques. The abovementionned Member States territories always include outermost regions and the overseas. The modifications made by the Purchaser to its order or to the seller's offer shall only be valid if accepted and confirmed in writing by the Seller. Should the Purchaser unilaterally cancels an order prior to its preparation, we reserve the right to demand an indemnity equal to 15% of the price of the goods ordered. No order shall be dispatched without confirmation of order by the Seller and the receipt of the full payment of the order.
Article 6 : Right of Withdrawal
In accordance with the law, Purchasers have the right to inform the seller of their wish to cancel the purchase, without justification or penalty, within fourteen (14) working days following the day of delivery (art. VI.47, § 1st, of the economic law code). Within that period, Purchasers have to inform the seller of their wish to cancel the purchase by sending an e-mail to the Seller's contact address (email@example.com) stating, free of any ambiguitie, his decision to withdraw from the contract and return, within the fourteen calendar days following the sending of the wish to cancel the purchase to the seller, at the Purchaser own risk and expense, the delivered goods to the Seller's registered head-office (70 Rue de Grady 4053 EMBOURG - Belgique). The Goods must be returned in their original packaging, undamaged, and accompanied by all accessoriessent by and the original delivery note. The reterned goods cannot be unpacked, unsealed or used in any way. Incomplete, damaged or stained goods shall not be accepted or taken back. Within fourteen (14) days, following the acceptance by the Seller to return the goods, the Seller undertakes to reimburse the amounts paid by the Purchaser, with the exception of the shipping cost. Pursuant to Article VI.53, al. 1st, 3° to 5°, of the Belgian economic law code, right of renunciation cannot be forfeited by the Purchaser for current supply contracts of goods made to the Purchaser's specifications or clearly personalized; which are liable to deteriorate or expire rapidly; of sealed goods which cannot be returned on grounds of hygiene or public health, whose seal has already been opened by the Purchaser after delivery.
Article 7: Payment and Payment conditions
On-line payment is made solely by bank transfer. The invoices are payable at our registered office to the following bank account: BE32363191765202 - BBRUBEBB opened under the name SRL HOPSEIDON by the ING and at the latest within fifteen (15) days from the sending thereof. Payments made after this period, leads as of right and without notice to a conventional and flat penalty interest of 8.5% per year, as well as a conventional and flat compensation of loss of 10% of the amount due, with a minimum of 50 €, as damages. All contestations related to an invoice must be submitted in writing within the fifteen (15) days following reception of the invoice. The Purchaser, as defined in the economic law code, can require to benefit from the application of indemnities and interest under the conditions and to the extent established by this clause, in the case of non-execution of the payment.
Article 8 : Deliveries
Delivery shall be made by any means of our choosing, unless expressly agreed otherwise in writing. Shipment of goods are done to the address supplied in the order form. The Seller shall bear the costs and risks relating to the goods until such time as they have been delivered to the address supplied by the Purchaser. Following that moment, the Purchaser assumes all the risks alone. In case the product is damaged upon delivery, the Purchaser must refuse to accept the parcel or accept it only if he/she writes a damage claim on the carrier's delivery receipt, that must be filled in together with the Purchaser and the carrier. Any complaint concerning the delivered goods must be notified to and reach the Seller within five (5) calendar days following the delivery date. Any complaint must be sent to our head office by recorded delivery letter to the following address: SRL Hopseidon - 70 Rue de Grady 4053 EMBOURG - BELGIQUE, must be accompanied by a copy of the purchase contract and the damage claim on the carrier's delivery receipt, as stated above. After that time, no apparent defects complaints shall be accepted.
In any way, the following circumstances relieve the Seller from it's obligations regarding deadlines :
1 - In the case of force majeure or exceptional circumstances (including among others: strikes, technical incidents, supplier's delay, out of stock items which are known by the purchaser at the time which the order was issued, shortage of labour beyond the reasonable control of the Seller) ;
2 - If the payment terms are not observed ;
3 - If changes are made by the Purchaser after the order was placed ;
4 -if the Purchaser fails to provide to the Seller the requested information in the mentioned delivery date.
Deliveries are done by postal mail or by us. In case of prior agreement between the Purchaser and the Seller, the goods may be claimed at our workshop to the agreed day and time.
Article 9 : Warranty
The Seller guarantees his products to exhibit the agreed qualities in accordance with Law of Consumer Protection (Sale of Consumer Goods) Act of 1st September 2004 (articles 1649a to 1649g of the Civil code). If the consumer ascertains a non-conformity with the sold goods within two (2) years following the day of delivery shall notify the Seller within the following two (2) mounths of the ascertainment by registered mail to the Seller's registered office: SRL Hopseidon - 70 Rue de Grady 4053 EMBOURG - BELGIQUE . This warranty covers only the non-conformity existing at the time of delivery. The warranty does not cover any damage or defects caused by improper use, such as, but not limited to, water damage, oxydation, falls or shock, négligence and wear. By acquiring craft products, the Purchaser expressly acknowledges having acquired a distinctly different item from that of an industrially-produced item against which cannot be reasonably and is usually not permissible to expect the same level of materials' resistance or finishing, especially concerning ergonomics and aesthetic. Provisions of Articles 1641 et seq of the Civil code concerning latent defects are fully applicable. Products sold are warranted against defects in materials and workmanship for a period of one year after date of shipment or delivery. The warranty shall be valid only if the following conditions are met: (1) the defect renders, to a great extent, the material unfit for the use this material is usually made for or for a special use expressly stipulated in the particular sales conditions and (2) was operated under normal conditions of use. in order to call upon the benefit of the warranty, the Purchaser shall notify his/her complaint relating to hidden defects, in writing, by registered mail to the Seller's registered office: SRL Hopseidon - 70 Rue de Grady 4053 EMBOURG - BELGIQUE within the following mounth of the ascertainment or should have ascertain these defects. The delivery order acts as warranty and shall be preserved by the Purchaser and printed as an original.
Article 10 : Responsibilities
The Seller, in the process of on-line sale, is held only by a best effort undertaking; his responsibility cannot be committed for any damage resulting from using the Internet network such as loss of data, intervention, virus, break down of the service, or any other involuntary problems.. The data and information presented in this site are presented in good faith and believed to be accurate. Links to manufacturers and partners' websites are provided solely for documentation purposes only and have no legal value. The Seller shall not be liable for any information originating from these sites. In any case, the Seller shall assume no responsibility whatsoever for the failure to perform or the improper performance of the contract due either to the purchaser, to the unpredictable and insurmountable act of a third party or to cases of force majeure. The Purchaser is exclusively liable for the choice and use of the products delivered by the Seller. While passing order, the Purchaser certifies to be at least 18 years of age. The Seller rejects all responsibility for any inaccuracy of any information provided by the Purchaser.
Article 11 : Intellectual Property
All components of the Seller's site are and remain its exclusive intellectual property. It is strictly forbidden to reproduce, exploit, redistribute or reuse for any purpose whatsoever, even as small excerpts, any material from the website, be they software, visual or sound . Every single link or hypertext is strictly prohibited without express written consent of the Seller.
Article 12 : Personal Data
Any data that are necessary for an order processing are stored by the Seller or any of its associates and may be passed to companies with which the Seller – or its suppliers – work, when such disclosure is necessary for processing the order. The user also authorises the Seller to use this data for drawing up statistics in order to improve its website, goods or services he offers. These data may also be used in order to provide, by any means of communication, information concerning the commercial activities of the Seller to its customer. The Seller also stores personal data to ease subsequent orders. Without limiting the foregoing, the Seller agrees not to divulge any information they obtained to another company or another enterprise. Data stored by the Seller may be asked and corrected by the Purchaser at any time by simple request. This request shall be sent by e-mail at the following e-mail address (firstname.lastname@example.org) or by postal mail to BOVY Raoul - 70 Rue de Grady 4053 EMBOURG - BELGIQUE .
Article 13 : Evidence
The parties agree, in the context of their reciprocal relations, to use electronic means of proof (for example: e-mail, automated computerized registration of mailing, etc.).
Article 14 : Dispute settlement
Except for legal action to obtain payment, the parties agree first to try in good faith to settle all disputes related to the validity, interpretation or performance of the contract by negotiation or by conciliation. This procedure will start no later than fifteen (15) calendar days from the date of the request of settlement by negotiation or by conciliation made by a party to the other party. The mediation may not exceed thirty (30) calendar days, unless there is an explicit agreement between the Parties.
Within a perspective of potential amicable settlement of a dispute arising from a contract of sale of goods or provision of services online, the Consumer who whishes may also contact us directly (email@example.com) or may resort to the dispute settlement platform set up by the European Commission available on the Internet to the following address:
The Seller declares not being affiliated to any out-of-court settlement body. In cases of legal action of non-payment or failure to achieve a out-of-court settlement, mediation or conciliation, sole competence shall lie with the courts within the purview of our registered office, subject however to statutory mandatory provisions. The general online terms and conditions of sale and sales contract are subjected to the Belgian law.
Article 15 : Salvatory clause
If one or more provisions of these General Terms and Conditions should prove to be illegal or inapplicable for whatever reason, the validity and application of the other provisions will not in any case be affected by it. In the case where the disputed provision would affect the very nature of these General Terms and Conditions, each party will use its best efforts to negotiate, immediately and in good faith, another valid clause with similar economic effects or, at the very least, as close as possible to the intent of the clause deemed void.