Terms of Service

General conditions of sale and provision of services

 

1. Definitions and scope

The general conditions of sale of products and provision of services, hereinafter referred to as
“The general conditions” are applicable to all orders placed with TREEBIKE SRL , whose registered office is at Avenue Louise 251 to 1050, registered with the Banque Carrefour des Entreprises under the number 0745.791.923, hereinafter referred to as “ the provider "or" the
seller ”.

These general conditions form the contract between the seller / service provider and the customer. The seller / service provider and the customer are hereinafter commonly referred to as "the parties".

The "customer" is any natural or legal person who orders products and / or services from the seller / service provider.

The “consumer” is the customer, a natural person, who acts for purposes that do not fall within the framework of his commercial, industrial, craft or liberal activity.

The present general conditions are only applicable. In any event, they exclude the general or specific conditions of the customer that the seller / service provider has not expressly accepted in writing.

The general conditions are freely accessible at any time on the website of the seller / service provider: www.treebike.eu, so that by ordering from him, the customer declares to have read these general conditions and confirms his acceptance to related rights and obligations.

The seller / service provider reserves the right to modify these general conditions at any time and without prior notification, subject to making these modifications appear on its website. These changes will apply to all orders for product (s) and / or service (s) subsequently placed.

 

2. Offer and order

To place an order, the customer chooses the product (s) and / or service (s) he wishes to order by surfing the seller's / service provider's website, indicates the contact details requested of him, checks the accuracy of the order , and then makes the payment for his order.


After receiving confirmation of payment for the order by the banking organization, the seller / service provider sends the customer a summary of his order, including the number of his order, the products and / or services ordered as well as their price, these general conditions or a link to them, as well as an indication of the probable execution time of the order.


The seller / service provider reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer prove to be manifestly incorrect or incomplete or when there is a relative dispute. payment for a previous order.

In the event of cancellation of the order by the customer after acceptance by the seller / service provider, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order will be acquired by the seller. / service provider and invoiced to the customer, as damages.

 

3. Price

 

The price of the products and / or services is indicated in euros, all taxes included.

Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and that of delivery and / or execution will automatically be charged to the customer.

Any delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, according to the method and place of delivery as well as the number of products ordered.

 

4. Deadlines

 

Unless otherwise expressly accepted in writing by the seller / service provider, the delivery and / or execution times mentioned in the special conditions are not binding times. The seller / service provider can only be held liable if the delay is significant and if it is attributable to him due to his gross negligence.

The customer may not invoke the delivery and / or performance deadlines to request the termination of the contract, claim damages or assert any other claim, unless otherwise stipulated in writing and expressly accepted by the seller / service provider.

In the event of a delay exceeding the period of thirty working days, the customer must send a formal notice by registered letter to the seller / service provider, who may then benefit from 50% of the time prescribed to deliver the product (s) ordered. and / or perform the services ordered.

 

5. Retention of title

 

The seller remains the owner of the products ordered until their full payment.

The right of ownership of the products is transferred to the customer only after the withdrawal or delivery of the articles and after full payment of the order. By derogation from article 1583 of the Civil Code, the items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, the customer is prohibited from pledging the items, offering them, or even using them as security in any way. The customer is expressly forbidden to make any changes to these articles, to make them real property by incorporation or by destination, to sell them or to dispose of them in any way.

As long as the seller has the property rights over the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, only the customer can be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against any risk. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as being the property of the seller.

 

6. Right of withdrawal

 

In accordance with article VI.47 of the Code of Economic Law, the consumer who remotely orders products and / or services from the seller / service provider has a period of 14 calendar days from, for the products, from the day of the delivery of the products or of the notification of their availability at the planned collection point, to notify the seller that he is giving up the purchase, without penalty and without giving any reasons.

For services, the period of 14 calendar days begins to run from the day of conclusion of the contract, that is to say from the day on which the consumer receives the summary of his order, in particular by email.

When this period expires on a Saturday, Sunday or a public holiday, it is extended to the next working day.

The consumer can notify his wish to renounce the purchase, by means of the withdrawal form posted on the website of the seller / service provider, by means of the form sent with the order form or available on the website of the SPF Economy, SMEs, Middle Classes and Energy: economie.fgov.be, or by a declaration without any ambiguity setting out its decision to withdraw from the contract.

The consumer will have to reship the product (s) for the purchase of which (which) he (which) he has given up in perfect condition in its / their original packaging.

Only the direct costs of return will be the sole responsibility of the consumer.

The seller / service provider will return the amount paid as soon as possible and at the latest within 14 days from the return of the products.

The consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have renounced to exercise his right of withdrawal relating to this product.

The consumer who expressly accepts that the service ordered be performed before the expiration of the 14-day period and recognizes that this performance will make him lose his right of withdrawal, can no longer exercise it, in accordance with article 53 of book VI of the Code of Economic Law.

Likewise, the consumer will not be able to exercise the right of withdrawal if he finds himself in the case of one of the other exceptions referred to in article 53 of book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the consumer's specifications or clearly personalized.

 

7. Termination of the order

 

The customer who does not meet the conditions to benefit from the right of withdrawal described in the previous article of these conditions and who wishes to terminate his order informs the seller / service provider who will indicate the steps to follow.

Any deposit paid by the customer to the seller / service provider will not be refunded. If no deposit has been paid, the seller / service provider will be liable to claim from the customer a termination indemnity equivalent to 30% of the price of the products and / or services whose order has been terminated by the customer.

 

8. Delivery and / or execution of the order

 

The delivery and / or execution times indicated by the seller / service provider are provided for information only and do not bind the seller / service provider. A delay in the delivery and / or execution of the order can therefore in no case give rise to any compensation, termination of the contract, suspension of the customer's obligations, or the payment of damages.

The order is not delivered to the customer or is executed only after full payment. The transfer of ownership and the burden of risk takes place when the order is fully paid. The customer is therefore advised that he alone bears the cost of the risks associated with the delivery.

 

9. Availability

The products offered for sale by the seller are within the limits of available stocks.

In case of unavailability of one or more product (s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order. or a postponed delivery at the end of the stock shortage of the product (s) concerned.

10. Delivery and / or execution of the order

The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects at the planned collection point with the products he has ordered.

Any complaints must be made in writing within 8 days of delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.

Any complaints relating to the services provided by the service provider must be formulated in writing, within 8 days of the occurrence of the event giving rise to the complaint. Otherwise, they cannot be taken into account.

If a complaint is found to be justified, the seller / service provider will have the choice between replacing or refunding the price of the products and / or services concerned.

 

11. Intellectual property

 

The information, logos, designs, brands, models, slogans, graphic charters, etc., accessible through the website or catalog of the seller / service provider are protected by intellectual property law.

Unless expressly agreed otherwise and beforehand, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the seller's website or catalog. /service provider.

Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and / or industrial property rights for any reason whatsoever.

 

12. Guarantees

 

12.1 Legal guarantee for all customers

 

In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them. or would have given a lower price if he had known them.

In the event of a finding of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a full refund, or keep against partial refund.
The seller is not required to guarantee the products against apparent defects, which the customer may or should have noticed at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he has refrained from warning the customer.

Only the invoice, sales receipt or purchase order are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

 

12.2 Additional legal guarantee for customers who are consumers

 

In accordance with article 1649 quater of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the defects of conformity which existed during the delivery of the product and which appeared in a period of two years from this.

This warranty includes the repair or replacement of the defective product at no cost to the consumer.

If, however, such repair or replacement proves to be impossible, disproportionate for the seller or would cause serious inconvenience to the consumer , an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree to a refund only upon delivery of the defective products by the latter.

In the event that spare parts or specific accessories required for repairing the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of the possibilities of using the product.

The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day on which he noticed the defect, under penalty of forfeiture of his right to complain.

Only the invoice, sales receipt or purchase order are valid as warranty certificates for the

consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.

This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear or any use that does not comply with the manufacturer's instructions. or the seller.

In the event of damage, theft or loss of a product delivered for repair, the seller's liability will in any event be limited to the selling price of the product.

The seller can in no case be held responsible for the loss or reproduction of data stored in or by electronic devices handed over for repair.

 

12.3 Guarantee for the services provided

 

The service provider undertakes to perform the provision of services with due diligence.

The customer benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of an anomaly detected during this period, the service provider will correct it free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.

Services requested following an unauthorized intervention or modification, a handling error or improper use by the customer, or even following an unauthorized intervention, are expressly excluded from the guarantee of conformity. an anomaly caused by intervention by the customer or a third party.

The service provider declares that the results of the services which would be protected by intellectual property rights constitute original creations. In the event that he has called on external contributors to perform all or part of the services, he declares to have obtained all the rights and authorizations necessary to perform these services.

Consequently, the service provider guarantees the customer against any action, claim, allegation, claim or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

 

13. Liability

 

General. The customer acknowledges and accepts that all the obligations owed by the seller / service provider are exclusively of means and that he is only responsible for his fraud and gross negligence.

In the event that the customer demonstrates the existence of gross or willful misconduct on the part of the seller / service provider, the damage for which the customer can claim repair includes only the material damage resulting directly from the fault attributed to the seller / pres party to the exclusion of any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the seller / service provider is not responsible for any

direct or indirect damage caused by the products delivered or the services provided, such as in particular loss of profit, increase in overheads, loss of customers, etc.

The seller / service provider is also not responsible in the event of erroneous data communication by the customer, or in the event of an order placed in his name by a third person.

Finally, it is up to the customer to find out about any restrictions or customs duties imposed by his country on the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.

Materials. If the customer imposes on the seller a process or materials of a specific quality, origin or type, and this despite the written and reasoned reservations of the seller, the latter is released from all liability for defects originating from the choice of said process or said materials.

 

14. Internet and new technologies

 

The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The customer also recognizes the risks of storage and transmission of information by digital or electronic means.

The customer accepts that the seller / service provider cannot be held responsible for any damage caused by the use of the website (as well as any applications) of the seller / service provider or of the internet, following the aforementioned risks.

The customer also accepts that the electronic communications exchanged and the backups made by the seller / service provider can serve as proof.

 

15. Miscellaneous provisions

 

Force majeure or fortuitous event. The seller / service provider cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous.

The following events will be considered in particular as force majeure or fortuitous events: 1) the loss or total or partial destruction of the computer system of the seller / service provider or of its database when one or other of these events cannot reasonably be directly attributed to the seller / service provider and it has not been demonstrated that the service provider / seller failed to take reasonable measures to prevent any of these events, 2) tremors land, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10 ) insurgencies and riots, 11) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or of the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or the telecommunications network on which the seller / service provider depends, 15) a fact or a decision of a third party when this decision affects the proper execution of this contract or 16) any other cause beyond the reasonable control of the seller / service provider.

Lack of foresight. If, due to circumstances beyond the control of the seller / service provider, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller / service provider and the customer undertake to negotiate in good faith and fair adaptation of contractual conditions within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

Termination of the contract. In the event of the client's insolvency or in the event of unpaid debts, even under previous contracts between the client and the seller / service provider, the latter is entitled to suspend the performance of his obligations until full reimbursement by the customer from any unpaid debt owed to the vendor / service provider.

In the event of non-fulfillment of its obligations by the customer, the seller / service provider may terminate the contract at the exclusive fault of the customer without delay or compensation and, if applicable, may claim from him by any legal means the payment of damages.

Illegality. The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) cannot affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the rest of this article, paragraph or provision, unless an intention to the contrary is evident in the text.

Securities. Headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.

No waiver. The inertia, negligence or delay by a party to exercise a right or a remedy under these general conditions can in no way be interpreted as a waiver of this right or remedy.

 

16. Applicable law and competent courts

 

These general conditions are subject to Belgian law.

In the event of a dispute relating to the validity, interpretation, execution or breach of these general conditions, the parties undertake to resort to mediation prior to any other method of conflict resolution.

The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or instruct a third party to this designation.

Once the mediator has been appointed, the parties define among themselves, with the help of the mediator, the modalities of organization of the mediation and the duration of the process.

Either party can end the mediation at any time, without prejudice to it.

In case of failure of mediation, only the courts of the judicial district of Brussels will be competent.