General Terms

GENERAL SALES CONDITIONS

Seller’s legal details

Axall sprl
Rue du Châtelet, 16
1495 Villers-la-Ville
Belgium
Phone: + 32 71 87 46 41
Fax: + 32 71 87 46 44
Registered in the BCE/KBO under number: 479.760.119
Intra-community VAT number: BE0479.760.119
ING bank account: 340-1800617-44
IBAN: BE55 3401 8006 1744 | BIC: BBRUBEBB

 

Article 1: Scope and purpose

These conditions concern relations between, for the one part, Axall sprl, with registered headquarters at Rue du Châtelet 16 in 1495 Villers-la-Ville, Belgium and registered in the BCE/KBO under number 479.760.119 (hereafter referred to as the “Seller”) and, for the other part, anyone who wants to use the Website of the Seller www.axall.be (hereafter referred to as the “Website”) and make a purchase (hereafter referred to as the “Customer”).

These conditions contain the rights and obligations of the parties with regards to the online purchase of products via the Website.

The aim of the conditions is to establish modalities for transactions between the parties, for access to the Website until delivery and for order and payment. They determine all steps needed to place an order and ensure follow-up of the order agreed between the undersigning parties.

These General Conditions are solely applicable in the absence of other conditions agreed between the parties.

When each order is placed, it is assumed that these conditions have been read and accepted in advance.

 

Article 2: Description of products

The products on sale are presented in a catalogue, which the Customer can view on the Website. They will be described in good faith using pictures (non-contractual) and by mentioning generally the brand, model, dimensions, materials, finishes and colours.

The Seller agrees to do everything to ensure that the provided description is consistent with reality. However, he cannot be held liable for potential errors in this description. If necessary, the buyer can appeal under article 8 of these conditions.
 

Article 3: Price

The mentioned product prices are in Euro, excluding Belgian VAT (21%), and are valid as long as they appear on the Website. In the event of change, prices will be changed automatically and the introduction of new prices will be announced. The price does not include delivery and processing costs. These costs must be paid by the Customer. These costs vary depending on the type and quantity of ordered products, as well as the means of transport the Customer has selected.

The costs will be added to the product price on the order summary page, before the summary page is validated by the Customer.


Article 4: Promotion

The promotions mentioned on the Website are only valid during a limited period and as long as they are available from the manufacturer and/or from the Seller’s stock. Availability of products will be confirmed by the Seller once the Customer has validated the order.

 

Article 5: Order

In order to submit an order, the Customer must first log into the Website. He will then be able to place an online order using the references mentioned in the “e-shop catalogue”.

Each order requires these general sales conditions to be accepted, as well as the prices and descriptions of the ordered products.

The possible delivery times mentioned at the time of ordering is for indication purposes only.

Once the order form has been filled in and validated by the Customer, the Seller will send an order confirmation containing all specifications.

The Seller agrees to honour all orders that have been submitted via the Website. However, he cannot be held liable for damage incurred due to the unavailability of an item.

The Seller retains the right to refuse an order if the order form has been incorrectly completed or not completed in full.

 

Article 6: Payment modalities

The payable total price will be consistent with the price mentioned on the Website, on the order summary page before it is validated by the Customer.

The following payment methods are accepted: Paypal (Visa, Mastercard,...), Hipay (Visa, Mastercard, Direct Debit), Sofort (Online Banking) and bank wire transfer.

The Seller will continue to own the ordered products until full payment has been made for the products and delivery, packaging and processing costs. In the event of non-payment, the Seller is entitled to refuse delivery of products.

 

Article 7: Delivery

The Customer can select the address and delivery method when the order is placed.

The stock status mentioned on the Website is for indication purposes only and releases the Seller from any liability in case of potential delivery delays.

The Seller uses external transporters, who are selected depending on the type of product being delivered. The goods travel for the account and at the risk of the Customer. In the event of damage due to transport or in case of shortage, the Customer should make his claim against the transporter. Neither the Seller nor the transporter can be held liable for errors in the delivery details supplied by the Customer. All possible costs incurred due to incorrect information or the Customer’s absence at the time of delivery will be charged to the Customer.

Should the Customer want to modify the delivery address or other details relating to the delivery, this must be announced, at least 48 hours prior to delivery, by using the Website’s contact form or by sending an e-mail to info[at]axall.be. The Seller will then confirm the change via telephone or e-mail.

 

Article 8: Damage and shortcomings

The Customer is expected to check the conformity of the products at the time of delivery. All shortcomings, damage or errors must be mentioned on the delivery document or, at the latest, within 24 hours via e-mail to info[at]axall.be or via phone to + 32 71 87 46 41 or by sending a letter to our registered headquarters.

Once the Seller has accepted the complaint, the product must be returned to the Seller within 7 days of receipt, with the request to replace or refund the product.

The transaction will be definitively closed after fourteen calendar days, starting from the day after delivery is made.

 

Article 8b: Warranty

The new goods and products are sold with the legal protection of the Consumer, of a duration of two years.
For the goods and products that are sold as second-hand: at the time of the order, the Customer accepts the principle and the consequences that result from it, in particular as regards the traces of wear and the possible age. For these second-hand items, the legal protection of the Consumer also applies and is for a period of one year.
In the event of the warranty being applied, it will be agreed, depending on the circumstances, to repair the item, replace it or refund it to the Customer. However, Axall sprl is not obliged to compensate for any unforeseeable indirect damage to the Client or any third parties. Any complaint relating to a possible hidden defect found on the purchased product must be submitted in writing with a reasoned statement, with a description of the defect, within two months at the latest following the discovery of the defect. The following are excluded from the warranty and the obligation of conformity: any defect or defect resulting from negligence, misuse or improper use or resulting from the dilapidated or normal wear and tear of the property, as well as any item sold with the mention "without warranty" (the Customer being warned at the time of sale that this article no longer fulfills its usual function).
These warranty periods apply only to "Consumer" Customers for whom the purpose of the purchased product is reserved for private use. For professional customers, these warranty periods are reduced to three months for both new and used products.

 

Article 9: Potential right of withdrawal

With some exceptions, the Customer is entitled to inform the Seller that he is withdrawing from the transaction, without penalty and without mentioning a reason, within 14 calendar days from the day after delivery takes place. Notification must take place by sending an e-mail to info[at]axall.be. The Customer must thus return the product to the Seller, in its original packaging and in perfect condition, at his own cost and within a period of 7 days of the notification being sent. If these conditions are honoured, the Seller will reimburse the Customer within 14 days of the product being returned, via the payment method used by the Customer or via a bank transfer to the account indicated by the Customer on the invoice accompanying the returned item. The Seller is entitled to refuse the returned item or to not reimburse it if it has been damaged by the Customer or if it displays signs of use.


Exceptions:

The Customer is not entitled to withdraw from purchasing non-standard products that have been manufactured in accordance with his specifications; in other words, if the specifics of the product, such as finish, materials, dimensions or colours, comply with the choice made by the Customer.

The professional Customer (B2B) is not entitled to withdraw from purchasing. However, any return request will be examined on a case by case basis and the Seller may ask the Client to pay administration charges for restocking the products.

 

Article 10: Signature

Any Customer who does not have a customer number must register in order to receive a login and a password, which entitles him to place an order. This step involves signing and explicitly accepting all processing carried out on the Website.

 

Article 11: Privacy policy

The Seller retains the right to collect personal data supplied by the Customer via the Website. This personal data is only intended for internal use by the Seller.

In conformity with the Act of 8 December 1992 concerning the protection of privacy when processing personal data, the Customer is always entitled to access and correct his details, and is also entitled to withdraw if he no longer wishes to be informed.
 

Article 12: Access to, content and use of the Website

Information distributed on the Website is regularly modified and checked. The Seller cannot be held liable for potential errors on the Website. The Seller cannot be held liable for potential direct or indirect damage concerning access to the Website or damage incurred via normal use of the Website, nor can he be held liable for damage to, or a virus that could affect, the IT equipment of the Customer.

The Seller cannot be held liable for damage incurred via fraudulent use of the Website.

 

Article 13: Intellectual property

All audio and visual elements on the Website, including the underlying technology, are protected under copyright, brand and patent legislation and, in general terms, under intellectual property legislation. It is thus prohibited to use, change, copy or reproduce them without explicit approval from the Seller.

 

Article 14: Nullity

Should one of the clauses in this agreement become null and void due to a change in laws or regulations or as a result of a legal ruling, this can under no circumstances influence the validity of other clauses in these conditions.

 

Article 15: Duration

These conditions apply to all agreements made during the entire period that the conditions are available on the Website. If the conditions need to be changed, the new conditions will be announced on the Website. These conditions will then apply to all agreements made based on the new conditions on the Website.

 

Article 16: Storing and archiving transactions - proof

The information registers, which are stored on the Seller’s IT systems in relative safety, will be regarded as proof for the notifications, orders and payments between the parties.

The order receipts and invoices will be archived on a reliable and durable carrier.

 

Article 17: Applicable law and authority

These conditions are subject to Belgian law. Disputes will be subject to Belgian law and only courts in the legal district of Nivelles will be authorised.


In the case of contradiction between the General Sales Conditions translated in different languages, the General Sales Conditions written in French have priority.

 

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