General terms and conditions of sale
Scope of application
Article 1. Introduction
The terms and conditions set out below are agreed between CANDICAR EUROPE SA, with its registered office at BE6200 Châtelet (Belgium), registered under intra-community VAT number BE0433114502, with its place of business at 14 Rue de Saint Donat, BE5640 Mettet (Belgium), owner of the websites www.candicar.be and www.candicar.eu, one the one hand, and the purchasing client on the other hand.
Article 2. The order contract
By placing an order on our website, you acknowledge that you are of sound mind and have the full legal capacity to enter into a commitment under these general terms and conditions of sale.
You can only place an order once you have filled in the account creation form provided for this purpose. We cannot be held liable for any encoding errors or for the consequences that these may have (errors and delays in delivery). Any reshipping costs resulting from an encoding error attributable to the client would be borne by the latter.
Once an order has been accepted, confirmation is sent automatically by e-mail to the electronic address of the client’s account. However, Candicar reserves the right to refuse any order from a client in respect of whom there may be a dispute relating to a previous order.
Our database offers the client the possibility of finding out about the basic features of the article proposed for sale. However, the photographs are not contractual and are not in any way binding upon our company. The offers made are only valid while stocks last.
A client having recorded an order acknowledges having consulted, read and accepted the general terms and conditions of sale before placing the order. The contractual data recorded on our servers would be used as a basis for any work involved in the event of a dispute.
Article 3. Prices
The prices given on the websites www.candicar.be and www.candicar.eu are indicated in euros excluding VAT. When the client is a businessperson based in the EU, outside Belgium, and if he has a valid VAT number, the invoice is drawn up without VAT. If the delivery has been processed exempt from VAT owing to an incorrect VAT number, and if this error is due to a false declaration by the client, which the service provider notified could not recognise, the businessperson is liable for the unpaid tax. However, if the client is a businessperson based in a country outside the EU, the invoice is drawn up exclusive of tax. Candicar SA reserves the right to modify its prices at any time, it being understood, however, that the price given in the catalogue on the day the order is placed will alone be applicable to the purchaser. However, this does not include the costs inherent in transport.
The price as given to the client before the confirmation of his order includes the price of the products, the costs of handling, packaging and storing the products and the costs of transport and bringing the products into service.
Article 4. Payment
When an order is validated, you are offered several secure payment methods. You can also pay by electronic transfer. The order will be shipped only after receipt of the payment in full, as indicated on our website.
Unless otherwise indicated by our services, all articles ordered on this website are payable in full before shipping.
In this specific case, we retain full ownership of the articles delivered until payment in full is made of the sums due when the order is placed (costs and taxes included). When the goods are shipped, however, you acknowledge that the burden of the risk is transferred to you and you will therefore ensure that the articles delivered are properly stored.
Article 5. Delivery
Each article is checked and is in perfect condition when it leaves our Mettet warehouse. Furthermore, particular care is taken to ensure that each parcel reaches you in perfect condition. However, it is up to you to check the condition of the goods upon receipt and to express any reservations you may have regarding the general condition or non-conformity of the parcel. To this end, you should send any complaints by recorded delivery to the carrier within seven 7 (seven) days as of the date of receipt. Under no circumstances may we be held liable for any delays or damage or even the destruction of the equipment during transport.
Article 6. Returning goods and right of withdrawal
In accordance with the legislation in force, you have a period of 14 (fourteen) days to exercise your right of withdrawal, without penalties and without having to give reasons to CANDICAR EUROPE SA, as of the date of receipt of your order, in order to obtain an exchange or a reimbursement. This period begins as of the day after the day of delivery of the order.
Any article delivered must be returned to us in perfect, original condition, unused and in its original packaging. Any product that has been used, that is incomplete or damaged, or that is returned without the original packaging, will not be reimbursed or replaced or taken back. The costs of returning goods are borne by the client and any reimbursement will be made within 5 (five) days of receipt of the returned order and after verification. Nevertheless, we bear all the costs of returning and re-shipping goods if the error can be attributed to our shipping department. Goods may only be returned to the address of our place of business: Candicar Europe SA, 14 rue Saint Donat, BE5640 Mettet (Belgium).
Article 7. Conformity and guarantee
We will replace products that are defective or that do not correspond to the order placed by the client. In this case, you should account for your request in detail and in writing before returning the products to us. Your request must reach us within 8 (eight) working days of delivery. Once this period has expired, any complaints will not be accepted. The provisions of the legal guarantee covering hidden defects and the exercising of the right of withdrawal (Article 6) nevertheless remain applicable.
Article 8. Liability
We may not, under any circumstances, be held liable for problems encountered on the Internet network, the reliability of the connection, disconnection or the presence of a virus. Our liability is confined to a best-effort obligation, whether this concerns the delivery, order or any other process. We cannot be held liable for delays in delivery by the carrier you have chosen. The transport risk is borne by the client and ownership is transferred only after payment in full of the amount outstanding.
Article 9. Data protection
CANDICAR EUROPE SA undertakes to safeguard the confidentiality of the nominative information encoded by the client. This information will not under any circumstances be sold, rented or disclosed to a third party. Furthermore, and in accordance with the current law on information technology and freedom, all persons are entitled to access, correct and delete personal data concerning them. In this case, a request can be sent to us on line or by post, giving full details of your personal name and address and your identifier.
Article 10. Disputes and jurisdiction
The terms and conditions set out below are subject to Belgian law. In the event of a dispute, Belgian law applies and the courts of Charleroi have sole jurisdiction. The language of this contract is French.