ARTICLE 1 — DÉFINITIONS
Under these conditions, the following terms mean:
- Period of reflection: the period during which the buyer can use his right of retraction;
- Buyer / adverse party: the person (legal entity) acting remotely in the exercise of a profession or a company and an agreement for the purposes of SELIRIS;
- Day: calendar day;
- Sustainable data medium: any means implemented by the buyer to store information that is personally addressed to him in a manner that allows future consultation and reproduction without modification of the stored information;
- Right of revocation: the possibility for the buyer to waive the distance agreement during the cooling-off period.
- SELIRIS: the legal entity that offers to the buyer (s) and the user of the Terms and Conditions;
- Distance agreement: an agreement whereby, within the framework of a system organized by SELIRIS for the distance selling of products until the conclusion of a convention, only one or more remote communication techniques are used;
- Technology for remote communication: means that can be used to conclude a contract without the buyer and SELIRIS not being together in the same room;
- General Conditions: these Terms and Conditions of SELIRIS.
ARTICLE 2 - SCOPE
1. These Terms and Conditions apply to any SELIRIS offer and to any agreement and order concluded remotely between SELIRIS and a buyer.
2. Before the distance agreement is concluded, the text of these Terms and Conditions must be made available to the buyer. If this proves impossible for valid reasons, the buyer will be notified before the distance agreement is concluded that the General Conditions can be consulted in the company and that they will be transmitted to him at his request, as quickly as possible and without charge.
3. If the distance agreement is concluded electronically, the text of the General Conditions may, by way of derogation from the previous paragraph and before the conclusion of the distance agreement, be made available to the buyer electronically for that the buyer can simply save it on a durable data carrier. If this proves to be impossible for valid reasons, the buyer must be notified before the distance agreement is concluded, from the place where he can take cognizance of the Terms and Conditions by electronic means as well as the fact that these latter him will be sent, at its request, free of charge electronically or in any other way.
4. If one or more provisions of these Terms and Conditions are null or void, the Agreement and these Terms shall continue to apply. The null or repealed provision will then be replaced by mutual agreement, without delay, by a provision taking into account as much as possible the purpose and scope of the original provisions.
5. Unclear interpretations or the content of one or more provisions of the General Conditions are regulated and must be interpreted "in the spirit" of the General Conditions.
ARTICLE 3 - OFFER
1. Where an offer is for a limited period of validity or is subject to conditions, it shall contain an express mention thereof.
2. The offer is not binding. SELIRIS reserves the right to modify the offer and adapt it.
3. The offer includes a precise and complete description of the products. The description is sufficiently detailed to allow a good evaluation of the offer by the buyer. If SELIRIS uses illustrations, they will be a true representation of the products. SELIRIS can not guarantee an exact rendering of the colors of the products. Obvious omissions or mistakes do not bind SELIRIS.
4. All illustrations, specifications of the offer are indicative and can not lead to a claim for damages or breach of the agreement.1. When buying products, the buyer has the opportunity to waive the agreement for 7 days without having to give reasons. This cooling-off period takes effect the day following receipt of the product by the buyer or by a representative appointed in advance by him and communicated to SELIRIS.
ARTICLE 4 - THE CONVENTION
1. Sous réserve des dispositions de l’article 4, la convention est conclue au moment de l’acceptation par l’acheteur de l’offre et de sa conformité aux conditions auxquelles elle est soumise.
2. Si l’acheteur a accepté l’offre par voie électronique, SELIRIS confirmera immédiatement et par voie électronique la réception de l’acceptation de l’offre. Aussi longtemps que l’acceptation n’a pas été confirmée par l’entrepreneur, l’acheteur peut annuler la convention.
3. Si la convention est conclue par voie électronique, SELIRIS prend des mesures techniques et organisationnelles pour sécuriser la transmission électronique des données et garantir un environnement en ligne sûr. Si l’acheteur peut procéder au règlement électronique, SELIRIS prendra des mesures de sécurité adaptées à cet effet.
4. Dans les limites des cadres juridiques, SELIRIS peut se renseigner sur la possibilité de l’acheteur de remplir son obligation de paiement, ainsi que tous les faits et facteurs importants pour une conclusion responsable d’une convention à distance. Si SELIRIS a de bonnes raisons de ne pas conclure la convention sur la base de son enquête, il a le droit de refuser une commande ou demande en présentant ses raisons, ou de soumettre l’exécution à des conditions particulières.
5. Chaque convention est conclue sous les conditions suspensives d’une disponibilité suffisante de produits.
ARTICLE 5 - RIGHT OF WITHDRAWAL
1. When buying products, the buyer has the opportunity to waive the agreement for 7 days without having to give reasons. This cooling-off period takes effect the day following receipt of the product by the buyer or by a representative appointed in advance by him and communicated to SELIRIS.
2. During the cooling-off period, the buyer should treat the product and packaging carefully. He shall only use the product as necessary. If the buyer uses his right of withdrawal, he shall return the product to SELIRIS. During the cooling off period, the buyer will handle the product and packaging with the utmost care. He will only unpack and use the product as necessary to determine if he wishes to keep it. If he makes use of his right of retraction, he will return to the attention of SELIRIS the product to the company with the delivered accessories and in the state and the packing of origin.
3. To use his right of withdrawal, the buyer must inform SELIRIS within 7 days of delivery of the product. After making known its intention to use its right of withdrawal, the customer has 7 days to return the product after delivery. The buyer can prove that he has returned the products on time using a registered letter with acknowledgment of receipt.
4. If, as a result of the delay mentioned in this article, the customer has not made known his intention to use his right of withdrawal and has not returned the product to SELIRIS, the sale is effective.
ARTICLE 6 - COSTS IN THE EVENT OF WITHDRAWAL
1. If the buyer uses his right of withdrawal, only the delivery costs will be at his expense.
2. If the buyer has paid an amount, SELIRIS will refund this amount as quickly as possible, and at the latest within 14 days of the retraction. It is understood that in this regard, the product is returned with the accessories delivered and in the original condition and packaging.
ARTICLE 7 - THE PRICE
1. At the conclusion of the agreement, the parties have agreed on a price indicated in the offer or agreed upon. The cost estimates provided by SELIRIS are indicative and non-binding.
2. The possible quotes were exclusive of VAT and government taxes.
3. In case SELIRIS and buyer of a prize, SELIRIS, anyway, at any time, at any time, without you having to change the right to dissolve the agreement for that reason, in the time of the or for any other reason that was reasonably impossible at the time of the conclusion of the agreement.
4. This article is more than 10% and a three-month that led to the conclusion of the agreement, then only SELIRIS is always willing to perform the conventions. on which it was signed. In your price, in the price of a self-agreement, in self-agreement, in self-control, to self-act, is not to one day to buy it.
5. Additions or modifications requested by the buyer for the agreed work are billed by SELIRIS to the other party. Since the opposing party should not be easier to increase, it must be simply what has become the attribute, SELIRIS in will notify the opposite party.
6. All prices are subject to misprints and shells. We are not responsible for the consequences of printing and shells. In case of misprints and shells, SELIRIS is not obliged to deliver the product at a wrong price.
ARTICLE 8 - COMPLIANCE AND GUARANTEE (POSSIBLE)
1. SELIRIS shall ensure that the products conform to the agreement, the specifications mentioned in the offer, the reasonable requirements of validity and / or ease of use and the legal provisions and / or prescriptions of the public authorities already in existence. the date of the conclusion of the agreement.
2. Any defects or products delivered in error must be communicated to SELIRIS within 7 days after delivery. The delivery of the products must be in its original packaging and in new condition.
3. In the event that a warranty provided by SELIRIS is in compliance with that of the manufacturer, SELIRIS is in no way responsible for the final suitability of the products for the personal use of the purchaser, or for any advice with regard to the use or application of the products.
4. A guarantee does not cover:
- the delivered products that the buyer himself has repaired and / or transformed and / or had repaired by a third party;
- delivered products exposed to abnormal conditions or handled in a negligent manner or not in accordance with the requirements of SELIRIS and / or provided with a package that has been treated;
- the partial or total non-conformity, as a consequence of the prescriptions taken by the authorities taking into account the nature of the quality of the materials used.
ARTICLE 9 - DELIVERY AND EXECUTION
1. SELIRIS will take the utmost care in the receipt and execution of product orders and in the evaluation of requests for the provision of services.
2. The place of delivery is the address that the buyer has communicated to SELIRIS.
3. Taking into account the information on this subject in article 4 of these general conditions, SELIRIS will execute the accepted orders with the necessary diligence and at the latest within 60 days unless a longer delivery period is agreed. If the completion of the order is delayed or if an order can not be executed even partially, the buyer is notified no later than 60 days after placing the order. In this case the buyer has the right to dissolve the agreement free of charge. The buyer is not entitled to receive an indemnity for damages.
4. All delivery times are indicative. The buyer can not exercise any rights on mentioned deadlines, if any.
5. In the event of dissolution in accordance with paragraph 3 of this article, SELIRIS will refund the amount paid by the buyer as quickly as possible, and at the latest within 14 days of dissolution.
6. If the delivery of a product ordered proves impossible, SELIRIS will make every effort to make a replacement article available. At the latest at the time of delivery, it will be mentioned in a clear and understandable way that a replacement item is delivered.
7. The risk of damage and / or loss of the products is based on SELIRIS until the moment of delivery to the buyer or to a representative designated in advance and reported to the company, unless otherwise expressly agreed.
ARTICLE 10 - SUSPENSION AND DISSOLUTION OF THE CONVENTION
1. SELIRIS is entitled to suspend or dissolve the agreement partly or wholly in the place of nature which made nature impossible to render to the convention or to pass from the law to nature SELIRIS, the Nature Act of the agreement.
2. Without judicial intervention and without formal notice, with immediate effect, SELIRIS has the right to suspend or dissolve the agreement if the adverse party has been declared in bankruptcy, is in default of payment, bankruptcy or cessation of interim payment is requested or a settlement sought to be with its creditors in order to avoid, in case of seizure, that the opposing party is either placed under guardianship or the title its right to dispose of its rights or a part of those this.
3. This is a self-control: one has self-comment / or exaggeratedly that the convention can not be reasonably respected, SELIRIS is entitled to suspend or dissolve the agreement.
4. SELIRIS is entitled to suspend or cancel an agreement, the claims of SELIRIS are also immediately due by the opposite party in the following cases:
- after the conclusion of the agreement, the circumstances brought to the attention of SELIRIS that gave SELIRIS good reasons to ensure that the other party is not fulfilled by obligations;
- in the event of the convention, SELIRIS the other party has been asked to obtain the guarantee of the continuation of the agreement and that the proposed guarantee is very unsatisfactory;
- in the self-party in self-supporting-to-the-legging-of-the-leging-of-the-one-of-the-liquiding-of-the-one-of-one-of-the-one -well-one-one-is-well-one-taken-with-this-is-one-with-one-taken-with-this-subject;
5. SELIRIS are immediately due to opponent.
6. SELIRIS is do a self damages.
ARTICLE 11 - RESERVATION OF PROPERTY
1. Goods delivered or offered for sale by SELIRIS remain the property of SELIRIS until the buyer is fully respected by the agreements concluded with SELIRIS.
2. The buyer is not entitled to pledge the goods or to assert any other rights.
3. SINGIRIS has the right to take back the goods whose right is under the right 1 the reservation of property or to remove, independently of the fact To do this, the buyer (or a third party) is obliged to bring any collaboration under pain log change of 10%.
4. If third parties want to establish or sell goods according to the principle of retention of title, the buyer is obliged to inform SELIRIS as soon as reasonably possible.
ARTICLE 12 - PAYMENT
1. SELIRIS will invoice the buyer according to his choice the goods delivered or to deliver by him.
2. Payment must be made within 14 days after the billing date. If the payment remains unpaid after the expiration of 14 days from the date of invoice, the buyer is in default without further notice of default. In the present case, the buyer owes SELIRIS interest on SELIRIS receivables in the amount of 1% of the amount due per month or part of it, notwithstanding the right of SELIRIS to obtain compensation integral.
3. All costs related to the recovery of the amount due by the buyer are on behalf of the buyer. Extrajudicial costs related to obtaining the payment equivalent to 15% of the principal amount due, interest included, with a minimum base of € 750, notwithstanding the right of SELIRIS to claim to obtain the actual costs if they are higher .
4. In the event that one of the situations listed in Article 8 occurs, regardless of whether SELIRIS has already asserted its right or not to dissolve the agreement, the obligations of the buyer are immediately due.
5. In the first place, the payments made by the buyer must always be used to pay the costs and interest due, second, the due invoices which have remained open to the maximum, even if the opposite party indicates that the payment relates to a more recent bill.
6. Payment must be made without discount or compensation.
ARTICLE 13 - LIABILITY
1. An adverse party, including the buyer, is responsible for the accuracy and completeness of the information provided to SELIRIS by or on behalf of the other party. SELIRIS is not responsible for the consequences due to the provision of incorrect and / or incomplete information.
2. SELIRIS is not liable for any damage resulting from the act or omission of the adverse party, its staff or third parties engaged under the agreement or related activities.
3. In no event shall SELIRIS be liable for indirect damages, including indirect damages, loss of profit, loss of economy and damage resulting from the interruption of business.
4. Insofar as it is covered by its civil liability insurance, SELIRIS 'liability is limited to the amount of compensation paid by the insurer.
5. If, in any case, the insurer does not pay or the damage is not covered by the insurance, the liability of SELIRIS is limited to the amount owed by the opposing party up to the amount of the order , provided, however, of a maximum amount of 5.000 €.
6. The other party shall indemnify SELIRIS in the light of any third party claim for damages that is related to the execution of the agreement and whose cause is attributable to any entity other than SELIRIS.
7. The restrictions of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of SELIRIS or its executives.
8. Each claim against SELIRIS expires within one year from the day the claim was established or should have been.
ARTICLE 14 - DISPUTES
1. On agreements concluded between SELIRIS and the buyer, which are governed by these terms and conditions, only Dutch law applies.
2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.