Article 1: Scope
at. Sensu stricto Terminology
The present conditions apply to any contract of distance selling on the website "http://www.gabor-rainbow.com".
The general conditions of sale described below detail the rights and obligations of SPRL GABOR-CONSTRUCTION and its client in connection with the sale of the goods listed on its website.
For the purposes of these conditions, the following terms mean:
'Distance contract' means any contract for goods or services concluded between an undertaking and a consumer in the framework of a system for the sale of goods or distance services organized by the undertaking which, for that contract, uses exclusively one or more distance communication techniques up to the conclusion of the contract, including the conclusion of the contract itself;
"Goods": tangible personal property;
"Products": goods and services, immovable property, rights and obligations;
'Undertaking' means any natural person or legal person pursuing an economic purpose in a sustainable manner, including its associations;
'Distance communication technology' means any means which, without the physical and simultaneous presence of the undertaking and the consumer, may be used for the conclusion of the contract between those parties;
"Working days": all calendar days, excluding Sundays and statutory holidays. If the period expressed in working days expires on a Saturday, it is extended until the next business day.
Article 2: acceptance of the general conditions
These general conditions of sale are at the entire disposal of our customers and can be consulted at any time via our website "http://www.gabor-rainbow.com"
SPRL GABOR-CONSTRUCTION reserves the right to modify / adapt its general conditions of sale. Any new version of the general conditions of sale will be posted on the home page of the SPRL GABOR-CONSTRUCTION website.
The placing of an order implies the full and entire adhesion of the customer to these general conditions of sale.
Article 3: Offer and price
The essential characteristics of the furniture, the price of the goods, as well as the delivery costs are described, unequivocally, clearly and comprehensibly on the sheet for each product.
The photographs and illustrations accompanying the products on the website have no contractual value.
Slight differences can appear between the good presented on the website of SPRL GABOR CONSTRUCTION and that delivered to the consumer (differences in hue, pattern, tone, color, ...)
b. The price
The prices listed on the site are indicated in euros, including VAT, including delivery charges and other taxes.
All prices are subject to obvious typographical error. No discount will be granted in case of advance payment.
c. Payment method
The payment of orders is done: either via a bank transfer or by an electronic means (Visa, Paypal ...)
Article 4: conclusion of the contract
GABOR-CONSTRUCTION reserves the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
The proposed rates include rebates and rebates that the GABOR-CONSTRUCTION SPRL would have to grant based on its results or the assumption by the purchaser of certain services.
By VISA card,
By validating the order, the consumer irrevocably acknowledges having signed a contract of sale with SPRL GABOR-CONSTRUCTION and declares to adhere to these general conditions of sale.
The consumer is informed of the confirmation of the order by a "confirmation e-mail" which summarizes the content / terms of the order.
SPRL GABOR-CONSTRUCTION undertakes to honor orders received on the website only within the limits of available stocks. In the event that the ordered good is unavailable, SPRL GABOR-CONSTRUCTION agrees to warn the consumer as soon as possible.
When registering the order, the buyer will pay a deposit of 30% of the total amount of the invoice, the balance to be paid upon receipt of the goods.
Article 5: late payment
In the event of total or partial failure to pay the goods delivered on the day of receipt, any amount due by the buyer will be increased by 15% of right and without formal notice as compensation for the damage suffered, with a minimum of 100 €.
This penalty is calculated on the amount inclusive of the sum remaining due, and runs from the due date of the price.
Interest for late payment at the legal rate in force will also be due from the due date of the invoice, automatically and without prior notice.
If within fifteen days of the implementation of this clause, the buyer has not paid the sums due, the sale will be automatically resolved and may entitle the owner to compensation for damages in favor of SPRL GABOR-CONSTRUCTION.
Article 6: Transfer of ownership and delivery
at. Transfer of ownership
The SPRL GABOR-CONSTRUCTION retains ownership of the goods sold until full payment of the price, in principal and accessories.
As such, if the buyer is the subject of proceedings in judicial reorganization or judicial liquidation, SPRL GABOR-CONSTRUCTION reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
Delivery is made:
Either by the direct delivery of the goods to the buyer;
Or at the place indicated by the buyer on the order form.
In case of non-compliance by the seller, the date of delivery, the buyer has 8 days to require, by registered mail to our head office, the execution of his order within 30 working days.
In the absence of delivery within this period by the seller, the buyer may require the resolution of the sale by registered letter or seek compensation of 50 € per week.
Article 7: Carriage of goods
The risk of transporting the goods is borne entirely by the buyer.
In case of missing or damaged goods during the transport, the buyer will have to formulate all the necessary reserves on the purchase order upon receipt of said goods.
These reservations must also be confirmed in writing within five days of delivery, by registered letter AR.
Article 8: Liability
The seller, in the process of selling online, is bound only by an obligation of means.
It can not be held liable for damage resulting from the use of the internet network such as data loss, intrusion, service interruption virus or other involuntary problems, as well as any event qualified as force majeure.
The photographs accompanying the products are given for illustrative purposes, but can not ensure a perfect similarity especially with regard to the colors.
If in doubt or for any further clarification, it is advisable to contact the seller.
Article 9: Major force
The responsibility of SPRL GABOR-CONSTRUCTION can not be implemented if the non-execution or the delay in the execution of one of its obligations described in the president conditions general of sale is delayed or prevented because of a force majeure, unforeseen circumstances or external causes such as: natural disasters, strikes, social conflicts, state of war, etc.
In any case, force majeure means any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code.
If this agreement is suspended for more than one month due to force majeure, this agreement will be terminated automatically and without damages.
Article 10: invalidity of a provision
Provisions that violate a legal or regulatory provision of public or imperative order are deemed to be unwritten, but this nullity does not affect the validity of the agreement as a whole, unless the impugned provision is decisive for the agreement itself.
Article 11: Intellectual property
All elements of this site are and remain the exclusive intellectual property of the seller. Only use for private use is allowed. Any partial or total reproduction of all or part of the elements on this site is prohibited.
Article 12: applicable law and competent jurisdiction
For the application, interpretation and execution of this agreement, Belgian substantive law is the only one applicable and the language of the proceedings is French.
The Courts of the judicial district of Liège are only competent to know of any litigation that may result.