The general terms and conditions of sale of products, hereinafter referred to as "the general terms and conditions", apply to all orders placed with the limited company "Marchand SA" on its website https://www.maisondesechecs.be/, whose registered office is located at Rue de Belle-Vue 60, 1000 Brussels, registered with the Banque Carrefour des Entreprises under number BE0432543685 and whose VAT number is BE0432543685, hereinafter referred to as " the seller ". Certain provisions of the general terms and conditions of sale will apply only to b to c relationships, i.e. to customers in their capacity as consumers and not to customers in their capacity as companies. This is the case for the right of withdrawal, the legal warranty on consumer goods for consumer customers, and part of the article concerning order delivery.
The general terms and conditions of sale form the contract between the seller and the customer. The seller and the customer are hereinafter jointly referred to as " the parties ".
The " customer " is any natural or legal person who orders products from the seller.
The " consumer " is the customer, a natural person, who acts for purposes that are not part of his or her commercial, industrial, craft or liberal activity.
The general terms and conditions of sale apply exclusively. In any event, they exclude the customer's general or special conditions which the seller has not expressly accepted in writing.
The general terms and conditions of sale are freely accessible at any time on the seller's website:"https://www.maisondesechecs.be/", so that by placing an order with him, the customer declares that he has read the general terms and conditions of sale and confirms his acceptance of the rights and obligations attached thereto. The customer may also print or save the general terms and conditions of sale available on the site in PDF format.
The seller reserves the right to modify these terms and conditions of sale at any time and without prior notice, provided that such modifications appear on its website "http://www.maisondesechecs.be/". These modifications will apply to all subsequent product orders. The seller invites the customer to consult the general terms and conditions of sale available on the company's website in order to check the date on which they were last modified. This date is indicated at the end of the general sales conditions.
On the https://www.maisondesechecs.be/ website, contracts are concluded exclusively in French, Dutch and English.
How do I place an order on the site?
There are several steps to placing an order:
- The customer chooses the product(s) he wishes to order by surfing on the seller's website and adds them to his shopping cart.
- The customer logs in to their customer account if they have one, or creates one if they wish, or fills in their personal details (title, first name, surname, e-mail, etc.) and then proceeds with the order as a guest.
- The customer fills in his personal information concerning his delivery and/or billing address(es). If the customer is a company, he/she can also provide his/her company name and VAT number.
- Customers choose their delivery method. They can also choose to pick up their order in-store, free of charge. Customers can also leave a message about their order.
- The customer chooses the method of payment.
- The customer must tick a box to indicate acceptance of the general terms and conditions of sale and the privacy policy.
- The customer can access the order summary and make changes.
- The customer confirms his/her order by clicking on the "order with payment obligation" button. As soon as he clicks on this button, the customer is bound by a sales contract with the seller, and his order becomes definitive.
- Once the bank has confirmed payment of the order, the seller will send the customer a single e-mail acknowledging receipt of the order (with a summary of the order) and confirming that the order has been accepted. As soon as the order has been dispatched by the seller, the customer will receive an order dispatch e-mail.
Ordering a product is not always sufficient to establish the formation of a sales contract. It may be that products ordered by the customer are no longer available when the order is processed. Please refer to article 3 of the CGDV.
The seller reserves the right to suspend, cancel or refuse a customer's order, in particular if the data communicated by the customer proves to be manifestly erroneous or incomplete, or if there is a dispute relating to the payment of a previous order.
The customer is contractually bound to the seller from the date of validation of the order via the "order with payment obligation" button; except when the order is paid by bank transfer and when the products are no longer available. When the customer pays by bank transfer, the latter is bound from the moment the seller's bank account is credited.
The customer's account allows him/her to consult the details of past, current and recently shipped orders. They can also consult, modify or save all information concerning them (postal address, telephone number, bank details, etc.).
The products offered for sale by the seller are subject to availability.
In the event 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 the customer the choice between a refund, a modification of the order or a delivery postponed until the end of the stock shortage of the product(s) concerned.
The price of the products is indicated in euros, all taxes included.
VAT is charged at the rate in force at the time the order is placed.
Delivery costs, if any, are not included in the price, but are calculated separately during the ordering process, depending on the delivery method and location, and the number of products ordered.
In the event of material error(s) on the "http://www.maisondesechecs.be/" site, such as a price error, the seller reserves the right to modify the error(s). In this case, the customer also has the right to cancel the purchase.
The total amount corresponding to the contribution to packaging and delivery costs is displayed in the customer's basket during the ordering process and varies according to the location and/or total amount of the order. A summary is provided before payment is confirmed.
In the event that the customer has not received the order within the time limit set by the carrier and the package is returned to the seller by the carrier, any additional costs (reshipment, etc.) will be borne exclusively by the customer.
Standard delivery is free for orders over €69 in the Benelux countries, France and Germany. If the purchase amount is less than €69, delivery charges (hyperlink to the Delivery section) will be payable by the customer. For all other countries, delivery charges will apply and will be at the customer's expense.
The seller delivers all over the world, except for overseas territories and islands. The customer is informed of the geographical restrictions before the order process begins.
Depending on the destination, we offer the following services:
Bpost: Dispatch within 2 working days.
Bpost: Dispatch within 3 to 4 working days.
Ships within 3 to 4 working days.
The customer undertakes to pay all import taxes, customs duties, value-added tax and any other taxes due under the laws of the country in which the order is received. An invoice showing the amount before tax will be enclosed with the shipment.
The seller cannot be held responsible for the customer's failure to pay taxes.
For reasons of availability, an order may be delivered in several instalments.
To notify " https://www.maisondesechecs.be/ " of any difficulties with delivery, the customer may contact us directly either by telephone or by e-mail.
Unless otherwise expressly agreed in writing by the seller, the delivery times mentioned in the special conditions are not binding. The seller may only be held liable if the delay is significant and attributable to gross negligence on its part.
The customer will only be able to invoke delivery deadlines as grounds for rescinding the contract or asserting any other claim if the customer has requested the seller (by registered letter) to effect delivery within an additional period appropriate to the circumstances, and this additional period has not been complied with by the seller. In such cases, the customer will be reimbursed the full amount of the purchase. Standard delivery charges will also be refunded.
The risks associated with delivery are transferred to the customer as soon as the customer or a third party designated by the customer, other than the carrier, takes physical possession of the goods. However, if the customer has chosen to be delivered by another carrier not proposed by the seller, the risks associated with delivery are transferred to the customer as soon as the goods are delivered to the carrier. If the customer has chosen to collect the order from the store, the risks are transferred to the customer as soon as the order is collected.
The delivery period begins as soon as the customer receives the e-mail informing him that his order has been dispatched.
Payment for purchases made on the "http://www.maisondesechecs.be/" website is made when the order is placed, at the customer's discretion:
Credit card payments are made using the secure system provided by the Stripe platform, so that the information transmitted is encrypted and no third party can gain access to it while it is being transported over the network.
IBAN: BE55 0011 0102 2344 - BIC: GEBABEBB
Transfer charges are at the customer's expense. The seller will only dispatch the order once it has been credited.
PayPal is a company offering a payment service on the Internet, enabling Internet users to send payments via an e-mail address, without having to provide their credit card details for each transaction.
Ownership of the products passes to the customer only after full payment of the price. Notwithstanding article 1583 of the French Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. Until full payment of the purchase price has been made, the customer is forbidden to pledge the items, to offer them, or to use them as security in any way whatsoever. The customer is expressly forbidden to make any modifications to these items, to turn them into real estate by incorporation or by destination, or to sell or dispose of them in any way whatsoever.
For as long as the seller retains title to the goods delivered in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, the customer alone may be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. 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 the property of the seller.
You have the right to withdraw from this contract without giving any reason within 14 calendar days; except for contracts relating to sealed computer software and sealed audio or video recordings which have been unsealed after delivery. Once the withdrawal period has been invoked within 14 calendar days, the consumer has a further period of 14 calendar days in which to return the goods to "Marchand SA" at Rue de Belle-Vue 60-1000 Brussels.
Under article VI.53 9° of the Code of Economic Law, the right of withdrawal does not apply to contracts for sealed computer software and sealed audio and video recordings which have been unsealed after delivery.
The withdrawal period expires 14 calendar days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. If the goods in one and the same order are delivered separately, the withdrawal period expires 14 calendar days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good. For regular deliveries of goods over a specific period of time, the withdrawal period expires 14 calendar days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the first good.
To exercise the right of withdrawal, you must notify us of your full name, your geographical address and, where available, your telephone number and e-mail address, of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail) sent to the registered office of the company "Marchand SA" located at Rue Belle-Vue 60-1000 Brussels or to the e-mail address [email protected].
You can use the following model withdrawal form, which you can fill in: Withdrawal form; but this is not compulsory.
In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you may have chosen a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than 14 calendar days from the day on which we are informed of your decision to withdraw from this contract. We will refund you using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first. You must return the goods to the " Maison des échecs " store at Rue de Belle-Vue 60-1000 Brussels without undue delay, and in any event no later than 14 calendar days after you have informed us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the goods before the expiry of the 14-calendar-day period. You must bear the direct costs of returning the goods.
You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
The customer is responsible for verifying the apparent good condition and conformity of the products delivered or collected from the collection point with the products ordered.
Any complaints regarding a possible lack of conformity of the goods must be made in writing, within a maximum period of two months from the date on which the defect was detected, failing which the right to make a complaint will lapse. If the complaint is not related to a lack of conformity, the withdrawal period applies. Failing this, complaints cannot be taken into account and the customer will be deemed to have definitively received the order.
If a complaint proves to be justified, the seller will have the choice between replacing or refunding the price of the products concerned.
All elements such as information, logos, drawings, trademarks, models, slogans, graphic charters, distinctive signs, etc., accessible through the "http://www.maisondesechecs.be/" website or the seller's catalog are protected by intellectual property rights, including copyright.
Unless otherwise expressly agreed in advance by the seller and/or the brand owners, the customer is not authorized to modify, reproduce, exploit, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the "http://www.maisondesechecs.be/" website or the seller's catalog.
The photos, illustrations and images presented on the "http://www.maisondesechecs.be/" site are in no way contractually binding on the seller; the seller cannot be held responsible for the photos presented on the site for information purposes only.
In accordance with article 1649quater of the French Civil Code, the customer who is a consumer also has a two-year legal warranty for any defects in conformity which existed when the product was delivered and which became apparent within two years of delivery.
This warranty includes repair or replacement of the defective product at no cost to the consumer.
If, however, such repair or replacement proves 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 if the customer returns the defective products.
In the event that specific spare parts or accessories required to repair the product are no longer available from the manufacturer, the customer will have the option of a refund or replacement.
The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the date on which he noticed the defect, on pain of forfeiture of his right to claim.
The customer is strongly advised to keep the original invoice, sales receipt or purchase voucher as a warranty certificate for the consumer vis-à-vis the seller. The warranty period begins on the date indicated on these documents.
This warranty does not apply if the failure is due to misuse, external causes, improper maintenance, normal wear and tear, or any use not in accordance with the manufacturer's or seller's instructions.
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 sale price of the product. Under no circumstances will the seller be held responsible for the loss or reproduction of data stored in or by electronic devices handed over for repair.
In accordance with articles 1641 to 1643 of the French Civil Code, the seller is obliged to guarantee the products against hidden defects which render the products unfit for the use for which they were intended, or which so diminish this use that the customer would not have acquired them or would have given only a lesser price if he had known about them.
In the event of a hidden defect, the customer must act promptly in accordance with article 1648 of the French Civil Code, and may choose between returning the product with a hidden defect for a full refund, or keeping it for a partial refund.
The seller is not obliged to guarantee products against apparent defects, which the customer could or should have been aware of at the time of purchase.
The customer is strongly advised to keep the original invoice, sales receipt or purchase voucher as a warranty certificate for the consumer vis-à-vis the seller. The warranty period begins on the date indicated on these documents.
General. The customer acknowledges and accepts that the seller is only liable for intent and gross negligence. The seller cannot be held liable for unintentional or slight negligence.
In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller, the loss for which the customer may claim compensation includes only the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (exclusive of tax) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller shall not be liable for any direct or indirect damage caused by the products delivered, such as loss of earnings, increased overheads, loss of customers, etc. The seller shall not be liable for any direct or indirect damage caused by the products delivered.
The seller is likewise not liable in the event of incorrect data being provided by the customer, or in the event of an order being placed in the customer's name by a third party.
Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer is faced with any restrictions or additional taxes due to the policy adopted by his or her country in this respect.
Force majeure or fortuitous event. The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or an act of God.
In particular, the following events shall be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of the seller's computer system or its database when either of these events cannot reasonably be directly attributed to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a stoppage in the supply of energy (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or telecommunications network on which the seller depends, 15) an act or decision of a third party where this decision affects the proper performance of this contract, or 16) any other cause beyond the reasonable control of the seller.
Unforeseeability. If, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. Failing agreement within a reasonable time, either party may invoke termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of contract. In the event of the customer's insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend the performance of its obligations until the customer has repaid in full any unpaid debts owed to the seller.
In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation.
Illegality. The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of the general terms and conditions of sale, nor shall it affect the remainder of this article, paragraph or provision, unless a contrary intention is evident in the text.
Headings. The headings used in these terms and conditions are for convenience and reference only. They in no way affect the meaning or scope of the provisions they refer to.
No Waiver. No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions of sale shall be construed as a waiver of such right or remedy.
Evidence. The customer also accepts that the electronic communications exchanged and the backups made by the seller may be used as proof.
These terms and conditions are governed by Belgian law.
The courts of the judicial district of Brussels shall have exclusive jurisdiction in the event of any dispute concerning the interpretation, validity or execution of the general terms and conditions of sale, except in the event of mandatory legal provision(s) to the contrary.
In accordance with European Regulation 524/2013 on the online settlement of consumer disputes, the seller complies with the obligation to provide customers who are consumers with the link to the European online dispute settlement platform: http: //ec/europa.eu/odr. Under this European regulation, the seller is not obliged to use this platform.
Date of last modification: 06/12/2020. New modifications to the general terms and conditions of sale on 06/12/2020 apply to all orders placed after this date.
