GENERAL TERMS AND CONDITIONS OF SALE

 

Article 1.             Acceptance of the general terms and conditions

 

By ticking the box “I accept the general terms and conditions” during your online order process, or by sending an order form by another means of communication (e-mail, fax, post, etc.), you are expressly stating that you have been informed of our general terms and conditions of sale (hereinafter named “General Terms and Conditions”) and you are expressly stating that you have read, understood and agreed with all of them. Only the General Terms and Conditions, as well as other clauses and conditions to which they refer or indicated in the order form are to be applied.

 

These General Terms and Conditions will also be sent to you automatically with the confirmation of your order by e-mail.

 

Article 2.             The website:

 

www.vertservice.net is owned, designed and managed by:

S.A. VERT SERVICE

Rue Nazareth, 10

4651 Battice-Herve

Belgium

Tel.: +32 (0) 87 67 89 48

Fax: +32 (0) 87 66 07 75

E-mai : info@vertservice.net

Company register no: BE 0436.197.221

 

The use of the word we” or usin these General Terms and Conditions refers to this company.

 

The use of the word youin these General Terms and Conditions refers to the Buyer.

 

www.vertservice.net is an e-commerce website(hereinafter named the “Website”) which sells mini-tractors that have been reconditioned in our workshop, new tractors, new accessories for mini-tractors and quad bikes, spare parts for tractors and maintenance equipment for green spaces.

 

The product(s) subject to an order from you is/are hereinafter named the “Product(s)”.

 

The documents, texts and photographs that can be consulted on the Website are not contractual, they are not binding to us and can be amended without notice.

 

Article 3.             Order

 

The order will not be effective and will only be binding to us if the order form has been correctly completed, confirmed by us and that we have received the full amount of the price in our bank account.

 


Article 4.             Prices and payment methods

 

Prices include carriage costs, packaging and VAT, but generally exclude all costs and fees of any sort that are not specifically stated in the order or on the Website.

 

Prices and terms and conditions can be amended by us without notice. Prices stated in the price lists, circulars or offers are given as a guide only. Invoices are always drawn up in accordance with the applicable prices on the day of dispatch.

 

All payments must be made by bank transfer to the following account number:

 

Bank name: CBC Banque

Account number: xxx

 

Payments can also be made online using the facilities made available to you by the Ogone-Ingenico platform.

We accept no responsibility and we are not bound to any obligation in the case where payment cannot be sent via this method.

 

We do not accept any other means of payment, including cheques in particular.

 

Article 5.             Reserve of ownership

 

In the case where we agree to defer payment of the price, ownership of the Products ordered will not be transferred to you until the full price has been paid, even if the Products have already been delivered to you. In no case will you be able to dispose of them in any way whatsoever, nor transform them, resell them, use them, transfer them to a third party until full payment of all sums due has been completed.

 

If full payment is not made, we will have the right to assert our ownership and you will be obliged to allow us to retake possession of the products without hindrance.

 

Article 6.             Minimum age for buying the products

 

You declare that you are at least 18 years old and you have the legal capacity to enter into this transaction. In the case where you are younger, you declare that you have parental authorisation or authorisation from a guardian allowing you to make an order on the Website.

 

Article 7.             Delivery

 

 

7.1. Destination

Unless other arrangements have been agreed between yourself and us,the Products will be sent to you at the address and within the deadlines stated on the order and delivered by the usual postal services or by carrier.

 

7.2. Delivery times

Transport times are given as a guideline only and we cannot be held responsible for any delay.

 

Any order will be dispatched within 8 (eight) working days at the latest from receipt of full payment.

 

However, the deadlines for fulfilling our obligations will be able to be extended especially in the case of stock being unavailable, constraints or obstacles outside of our control (illness of a member of our team, computer bug, etc.), delays or non-completion by our suppliers or subcontractors, in the case of a delay or industrial action by the postal services or means of transport, holidays and force majeure events (fire, accident, natural disaster, etc.)

 

You do not have any right to reject the Products, to demand compensatory damages or cancellation of the order due to a delay in delivery for which we are not responsible or due to a delay considered to be reasonable if we are responsible for it, except in the case of our express agreement with regard to the circumstances, in which case we will give you a credit note.

 

In the case where you have still not received the Products ordered at the end of one month following payment of the price and that they have been definitively lost by the postal services or by the carrier, you can ask us in writing to send you new Products corresponding to your order. In the case where stock of the Product(s) has run out or is unavailable, a credit note to the value of the price paid will be sent to you so that you can buy another Product or other Products.

 

We reserve the right to refuse your order without compensation to you in the case where you have not fully honoured previous orders.

 

7.3. Delivery - Receipt

Transport and delivery of the Products are at your risks, even in the case of carriage-paid. In the case of loss, missing items or damage during transport and delivery, these must be stated by the Buyer in writing on the delivery docket and by recorded delivery letter to the Vendor within 48 hours. But in no case will these be considered as being under our responsibility or covered by the warranty.

 

Transport does not provide for unloading equipment. It is your responsibility to have the necessary equipment for unloading the transporter.

 

If you are not at the delivery address when the postal services or carrier tries to deliver the order or if you do not collect your order from the postal services or carrier during the period it is made available to you, the return costs will have to be paid by you before the order is returned, unless arranged otherwise between ourselves and the carrier.

 

 

Article 8.                  Cancelling your order

 

Only in the case where you are a private individual (which means a consumer, an actual person making a private purchase for your own purposes), do you then have a deadline of fourteen (14) working days for returning the Products at your cost without penalties and without having to provide your reasons. This deadline is counted from the day after delivery of your order.

In all other cases, the return of merchandise must be subject to our prior written authorisation. If no written agreement is given, any return will be refused.

 

Your delivery/invoice number must appear on the returned merchandise.

 

Products will have to be returned in a new condition, clean and complete, in their original intact packing and packaging, with all accessories, if any, (in particular instruction booklets and original documentation in the packaging) to the address stated in Article 2.

 

Returns must be sent carriage paid, any COD delivery will always be refused.

 

If all of the above conditions have been fulfilled, we will refund you within thirty (30) days from the date of your cancellation or receipt of the product returned at the latest, the sums paid for the purchase of the Products, not including the initial carriage and packaging costs.

 

In the event of an improper return, we reserve the right to refuse any further order.

 

Article 9.             Complaint

 

On receipt of the Product or Products, you must immediately verify that they correspond to your order, that they are not damaged and that they do not have any defects.

 

Any anomaly resulting from transport must be stated by the Buyer in writing on the delivery docket as well as by recorded delivery letter to the Vendor within 48 hours. But in no case will they be considered as being under our responsibility or covered by the warranty.

 

Any complaint relating to the apparent fault or non-conformity of the product delivered must be sent to us within 5 calendar days from delivery at the latest by e-mail to the address stated in Article 2 of these General Terms and Conditions, based on the complaint form that we will send to you on request.

 

On the appropriate form, you must provide full details of the problem noted and send us one or more photographs if possible.

 

It is the Buyer’s responsibility to provide any documentary evidence relating to the faults or anomalies observed.

 

Our responsibility, in the case where it has been established is strictly limited to either exchanging the non-conforming Product, or repairing it, or refunding it. We will deal with the compliant in the shortest possible time, during working hours.

 

Article 10.           Limit of liability

 

10.1. Exclusion of all liability

You are aware that the products are potentially dangerous and that they must be used for the purposes that they are intended and with great precaution.

 

In no case will we be liable, in any way whatsoever, for any direct or indirect damage for the following, even if there has been no damage caused (non-exhaustive list):

-       Any damage resulting from the use, handling or storage of the Product.

-       The introduction of a computer virus spread via the Internet.

-       Damages caused by computer piracy or by the fact of hackers.

-       The partial or total, temporary or permanent, interruption to the access to the Website, the availability of the products and the functioning of the Website.

-       Problems with navigation, bugs or slowness of the Website.

 

10.2. Limit of liability if it is incurred

 

In the case where our liability, despite everything, should be incurred, we will only be held liable for direct damages caused solely by our serious and intentional fault, excluding any other damage such as, in particular, lack of earnings, increase in general costs, disruption to schedules, loss of profit or clientele, or loss of expected savings, or any other indirect damage or loss.

The amount of damages that we will be able to be liable for will not be able to exceed 50 EUR.

Article 11.           Personal data and protection of privacy

 

You expressly agree that personal and private information (relating to yourself as an individual person) that you provide on our Website’s order form or that you communicate to us if you contact us (by telephone, e-mail, fax, etc.) can be used by us for dealing with your orders and for consolidating and personalising the communication, in particular by newsletters or e-mails that you expressly agree to receive. We undertake not to use your personal data for purposes other than those provided for in this paragraph.

 

Except in the case where you expressly give your agreement, we undertake never to communicate or divulge the personal data relating to you to any third party, with the exception of companies or persons that carry out, either for us, or independently, certain services such as in particular, processing payments by bank card or transporting Products, with the exception of the company or person who should acquire our business assets, in whole or in part, and with the exception of the legal authorities who should require access to it.

 

Your data and other information are held by us and are accessible to you at any time, free of charge, by simple request and without you having to provide any justification, at the address and contact details stated in Article 2 of these General Terms and Conditions. You have the right to request any amendment to, correction or removal of your personal data in our database, as well as the immediate stoppage of the receipt of e-mails and other communications from us.

 

Article 12.           Customer reference

 

In the case where you are a commercial enterprise or public organisation, you expressly allow us to quote, as a reference, your name on any medium whatsoever (brochure, website, stand, poster, etc.) without being due any compensation or other payment.

 

Article 13.           A clause being rendered null and void

 

A clause in these General Terms and Conditions being rendered null and void will not affect the validity of the other clauses. In this case, the Parties undertake to negotiate, in good faith, the conclusion of a new clause that would pursue the same objective as the null and void clause and would, to all possible extent, have the equivalent effects, in order to re-establish the contractual balance.

 

Article 14.           Applicable law and legal jurisdiction

 

Any relationship between yourself and us is regulated by Belgian law.

 

In the case of a dispute between yourself and us, you agree that the courts that have sole jurisdiction are those in Liège, in Belgium.

 

 


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