GENERAL CONDITIONS OF SALE
ARTICLE 1: IDENTIFICATION OF THE VENDOR, OBJECT AND APPLICATION
The object of the present general conditions is to define the respective rights and obligations of the client (hereinafter called “the client”) and the private limited liability company CETERMER SPRL, operating under its trade and brand name “OSSEYAN” (hereinafter called “OSSEYAN”), the registered office of which is established at 3 Vallées de Wavre, B-1380 LASNE, BELGIUM (EU), entered in the Business Databank under number BCE 0651.867.417, VAT: BE 0651.867.417, EMAIL: email@example.com.
The contractual relations between OSSEYAN and the client shall be subject exclusively to the present general conditions of sale and any additional conditions which might appear on the order form and be deemed here to be fully reproduced. The present general conditions of sale shall cancel and replace those of the client. There may be no departure from this without the express written consent of OSSEYAN.
The passing of an order by the client shall mean the application of the present general conditions of sale, which may moreover be consulted at any time on the site www.osseyan.com (hereinafter called “the site”).
A paper version of the general conditions of sale shall be sent by OSSEYAN to the client on simple written request.
OSSEYAN shall be entitled at any time to amend its general conditions of sale. In that event, the applicable general conditions of sale shall be those in force at the time of confirmation of the order.
ARTICLE 2: FORMATION OF THE CONTRACT - TERMINATION (RIGHT TO RETRACT)
The client wishing to acquire an OSSEYAN article on the site should adopt the following procedure:
- complete the identification sheet on which they shall give all the requested details and indicate any client number;
- complete the order form giving the complete reference of the desired article and the quantity;
- confirm that they have read and accept the present general conditions of sale;
- confirm their order by making payment for the article in accordance with the terms indicated on the site and in Article 5.
OSSEYAN shall confirm registration of the order by email to the client.
On receipt of full payment, the order shall be delivered to the delivery address given in the client identification sheet.
Unless there is a written provision to the contrary, offers made by OSSEYAN, in particular as to the price and characteristics of its articles, shall always be understood to be without obligation and subject to their availability.
If, despite the endeavours of OSSEYAN, all or some of the articles ordered are unavailable, OSSEYAN shall inform the client by email as soon as possible and offer the latter the opportunity to choose between waiting or cancelling the order for the unavailable articles without cost.
Any alteration of the order by the client shall only be effective after the written consent of OSSEYAN.
As a consumer the client shall be entitled to declare to OSSEYAN that they are withdrawing from the contract, without penalty and without stating the grounds, within 14 days to date from the day when the client (the consumer), or third party other than the transporter and indicated by the client takes physical possession of the OSSEYAN article.
In the case of multiple articles being ordered by the client in a single order and delivered separately, as a consumer the client shall be entitled to declare to OSSEYAN that they are withdrawing from the contract, without penalty and without stating the grounds, within 14 days of the day when the client (the consumer), or third party other than the transporter and indicated by the client takes physical possession of the last product.
As a consumer the client shall be defined as being “any natural person who acquires or uses the articles placed on the market for any purpose excluding those of any professional nature”.
The unambiguous declaration of withdrawal must be sent to OSSEYAN in accordance with Article 8 (2). OSSEYAN shall send the client (the consumer) an acknowledgement of receipt of the withdrawal.
The OSSEYAN articles must be returned to the OSSEYAN registered office (cf. Article 1) in their original packaging, undamaged, accompanied by all their accessories, the user manual and the original invoice/delivery note at the latest fourteen days following communication of the decision to withdraw.
The costs of returning articles to the OSSEYAN registered office shall be borne by the client.
Articles thus returned must not have been used in any way whatsoever.
Articles which are incomplete, spoiled, damaged or used by the client shall not be accepted.
After acceptance of the returned articles, OSSEYAN undertakes to reimburse the client (the consumer) for their order, including delivery costs.
ARTICLE 3: CHARACTERISTICS OF ARTICLES
The characteristics of OSSEYAN articles and, in particular, the watertight nature of their pocket, shall be listed in the OSSEYAN catalogue, which may be consulted on the site.
The client acknowledges that they have read the said characteristics and instructions for the maintenance of OSSEYAN articles.
Each article shall moreover be delivered in its packaging accompanied by a specification sheet established by OSSEYAN.
Photographs of articles presented by OSSEYAN on the site shall be so presented on a purely indicative basis and may contain elements which are not included in the price and which differ from the article.
ARTICLE 4: PRICE
Unless there is a provision to the contrary, the prices indicated on the site shall be expressed in euros (€), all taxes included on the basis of the amounts in force at the time of the order.
The additional costs of transport, delivery, administrative processing or postage shall not be included and shall therefore be payable in addition to the price of the OSSEYAN articles.
Any change of one or more elements forming the basis for calculation of the price, which might be likely to influence the latter shall give OSSEYAN the right to review its prices and to adapt them accordingly.
Prices may therefore be changed at any time by OSSEYAN without prior notice, knowing that the articles shall be invoiced at the price in force on registration of the order.
Nevertheless, any increase of VAT or any new tax which might be imposed between the time of the order and that of delivery shall be borne by the client
ARTICLE 5: PAYMENT
Payment for OSSEYAN articles and additional costs as referred to in Article 4 (2) shall be made by bank card (VISA or MASTERARD) on confirmation of the order on the site.
ARTICLE 6: ACCEPTANCE, TRANSFER OF OWNERSHIP AND RISKS
The client must examine the OSSEYAN article on delivery. Indeed, each package of an OSSEYAN article contains blotting paper intended for checking the watertight nature of the pocket of the article.
The article shall be considered to have been accepted and to meet the client’s expectations if no complaint has been made by the latter in accordance with the provisions of Article 8.
The client expressly acknowledges that they have read all the capabilities and performances of OSSEYAN articles and that they have made their choice in relation to the specific uses for which they are intended.
OSSEYAN articles shall remain in the latter’s exclusive ownership until full payment of the price in principal, ancillaries and costs.
The articles ordered shall be transported at the risk of OSSEYAN until their delivery to the client. As from the time of delivery, those risks shall be transferred to the client.
ARTICLE 7: DELIVERY, DEADLINES AND LIABILITY
Delivery shall be to the address specified by the client on the site’s identification sheet.
If a delivery deadline is provided, that deadline shall be taken into consideration and observed insofar as possible by OSSEYAN.
Nonetheless, deadlines shall not be strictly interpreted. They shall be given on a purely indicative basis and shall give rise to no obligation on the part of OSSEYAN.
In any event, OSSEYAN shall incur no liability in the case of total or partial, temporary or definitive non-execution of orders, particularly in the following cases:
- in the case where the contractual conditions might not have been met by the client;
- in the case where the information necessary for execution of the order might not have been received by OSSEYAN in good time or might be inaccurate;
- in the case of bad weather;
- in the case of government action, strike, accident, fire, natural disaster, civil or foreign war, riot, attack, inability to source or delay by suppliers to OSSEYAN or any other ground beyond the control of OSSEYAN.
OSSEYAN may in no case be held liable for any damage whatsoever, even indirect, suffered as a result of the non-operation or the defective operation or use of its site.
The links provided by OSSEYAN on the site to those of manufacturers and/or partners shall be so on an indicative basis. OSSEYAN may not be held liable for information originating from such sites.
OSSEYAN may not be held liable for direct or indirect loss or damage suffered by persons or property.
ARTICLE 8: COMPLAINTS AND COMMUNICATION
Any objection or complaint, relating in particular to the lack of compliance between the article sold and the article delivered, in order to be admissible, must be made in writing within fifteen (15) days following the date of delivery.
Any communication from the client in relation to the contract may only be effectively made in writing, by registered letter addressed to the registered office of OSSEYAN as indicated in Article 1 or by email with acknowledgement of receipt to firstname.lastname@example.org.
ARTICLE 9: GUARANTEE
With regard to consumers, OSSEYAN guarantees its products, in accordance with Articles 1649 bis to 1649 octies of the Belgian Civil Code.
OSSEYAN shall deal with any lack of compliance which might exist on delivery of the article in accordance with the aforementioned legal provisions.
Within the framework of the legal guarantee, OSSEYAN undertakes at its discretion to reimburse, to repair or to replace the defective article (or one of its elements).
OSSEYAN furthermore reserves the right to exchange the article if the repair costs prove to be disproportionate or repair impossible.
The guarantee shall be deemed to take effect on the same day as that of delivery. Any article which is not entirely paid for shall not be guaranteed.
In order to claim a guarantee, the client must produce proof of purchase. The guarantee may not be assigned.
Any lack of compliance must be indicated within 2 months following its observance by registered letter or by email. After that deadline has expired, the client shall lose the right to a repair or a replacement.
The guarantee shall never cover defects which are the consequence of accidents, an aggravation of the condition by negligence, wear and tear, falls, shocks, water damage, oxidation, use of the article which is abnormal or contrary to the purpose for which it was designed, non-observance of the instructions for use of the OSSEYAN article, adaptations or modifications made to the OSSEYAN article, a defect in maintenance.
The absence of original packaging shall also be a ground for non-application of the guarantee.
ARTICLE 10: CANCELLATION OF THE SALE
OSSEYAN shall be entitled to cancel the sale automatically in the case of the non-fulfilment by the client of one of their contractual obligations, in particular if it proves that they shall not fulfil or there is a serious risk that they shall not fulfil one of their obligations.
OSSEYAN shall moreover be entitled to ask the client to pay damages and interest corresponding to any loss or damage actually suffered.
ARTICLE 11: INTELLECTUAL PROPERTY
All the elements of the OSSEYAN site shall be and remain exclusively the intellectual property of the latter.
Nobody shall be authorised to reproduce, exploit, disseminate or use in any way whatsoever, even partially, any elements of the site whether they are software, visual or sound.
Any simple or hypertext link shall be strictly prohibited without the express prior written consent of OSSEYAN.
ARTICLE 12: PERSONAL DATA
All personal data necessary for processing an order shall be retained by OSSEYAN or its staff members and may be forwarded to companies with which OSSEYAN or its suppliers collaborate, when such communication is necessary for processing the order.
Furthermore the client also authorises OSSEYAN to use such data to establish statistics in order to improve its site, its articles and the services it provides.
This information may also be used in order to enable the dissemination, by any means of communication, of information relating to the commercial activities of OSSEYAN to the client.
Finally, OSSEYAN shall retain the client’s personal data in order to facilitate later orders.
OSSEYAN additionally undertakes not to divulge the information it has to any other company or enterprise.
The data retained by OSSEYAN may be required and corrected at any time on simple request.
ARTICLE 13: DISPUTES AND APPLICABLE LAW
In the event of dispute, only the courts for the legal district in which the registered office of OSSEYAN is located shall be competent. Only Belgian law shall be applicable.
ARTICLE 14: INDEPENDENCE OF CLAUSES
The fact of OSSEYAN not asserting one or other of the clauses of the present conditions may not be interpreted as a waiver by the latter of such an assertion.
Likewise, the invalidity of one clause of the present conditions shall not affect the validity of the other clauses.