Terms and conditions
Article 1: Preamble
The present conditions of sale are concluded, on the one hand, by the buyphone company whose registered office is in Liege, hereafter called “the seller” and, on the other hand, by any individual or legal entity wishing to make a purchase via the seller’s website, hereafter called “the buyer”.
Article 2: Object
The present conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller’s site, whether the buyer is a professional or a consumer. The acquisition of a good or service through this site implies an unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the seller. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
Article 3: Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the seller’s website. Each product is accompanied by a description drawn up by the supplier. The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to colours. These products and services are offered within the limits of available stocks. If, despite its efforts, all or part of the items are unavailable, the seller informs the buyer by email as soon as possible and offers the buyer the possibility to choose between waiting or cancelling the order of the unavailable items at no charge. Available items will be delivered normally.
Article 4: Prices
The prices of the products and services displayed on the site are indicated in euros including all taxes (VAT and other applicable taxes). The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of confirmation of the order. The prices indicated do not include the costs of order processing, transport and delivery provided that they take place in the geographical areas provided for below.
Article 5: Geographical areas
The online sale of the products and services presented on the seller’s site is reserved for buyers who reside in Belgium, France, the Grand Duchy of Luxembourg, Germany or the Netherlands and for deliveries required in these geographical areas.
Article 6: Orders
The buyer, who wishes to buy a product or a service must obligatorily: – fill in the identification form on which he will indicate all the requested information or give his customer number if he has one; – fill in the online order form giving all the references of the products or services chosen; – validate his order after having checked it; – make the payment under the conditions provided; – confirm his order and payment. Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one’s own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The seller will communicate by e-mail the confirmation of the registered order.
Article 7: Right of renunciation
In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 working days from the day of delivery of the product or conclusion of the service contract. This right of renunciation does not belong to the professional buyer. Within this period, the consumer must notify his intention to withdraw via the withdrawal form and return, at his own expense and risk, the product delivered to the administrative headquarters of buyphone. The products must be returned in their original packaging, undamaged, accompanied by all their accessories, the user manual and the original invoice/delivery note. Products returned in this way must not have been unpacked, unsealed or used in any way. Incomplete, damaged, damaged or soiled goods will not be taken back. Within 30 days, after acceptance of the return of the goods, the seller undertakes to reimburse any payment, except for shipping costs. Unless otherwise agreed, the consumer may not exercise the right of renunciation for contracts: 1° for the supply of services whose performance has begun with the consumer’s agreement before the end of the renunciation period; 2° for the supply of products made to the consumer’s specifications or clearly personalised or which, due to their nature, cannot be reshipped or are liable to deteriorate or expire rapidly; 3° for the supply of audio or video recordings or computer software unsealed by the consumer; 4° for the supply of newspapers, periodicals or magazines.
Article 8: Terms of payment
Payment can be made by credit card, Visa, Mastercard, Stripe, PayPal or Apple Pay. The items ordered remain our exclusive property until full payment of the order by the buyer.
Article 9: Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. The goods are transported at the seller’s risk until the delivery of the goods to the delivery address specified by the buyer. From that moment on, the buyer alone assumes the risks. Delivery times are only given as an indication; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer reimbursed.
Article 10: Warranty
With regard to consumers, the seller guarantees the products he sells and the services he provides in accordance with the Law of 1 September 2004 on the protection of consumers in the event of the sale of consumer goods (Articles 1649 bis to 1649 octies of the Civil Code). This guarantee applies only if the defective product is presented during the guarantee period, accompanied by the invoice. buyphone reserves the right to refuse the guarantee if these documents are not presented or if they are incomplete or illegible. In case of non-conformity of a product sold noted within 2 months of delivery of the goods, the consumer must notify the seller as soon as possible in a precise manner by registered letter or email. This guarantee only covers defects of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, falling or impact, negligence and wear and tear, are not covered by the guarantee. Likewise, repairs carried out by technicians not approved by the supplier will result in the cancellation of the guarantee. The invoice or delivery note serves as a guarantee title and must be kept by the consumer and produced in original. If the product is used for non-private purposes, the limited warranty conditions of the manufacturer/supplier apply.
Article 11: Liability
The seller, in the process of selling online, is only bound by an obligation of means; his liability cannot be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, service disruption, or other unintended problems. The data on the site are also given in good faith. The links proposed towards the sites of the manufacturers and/or partners are given for information purposes. The seller cannot be held responsible for information coming from these sites.
Article 12: Intellectual Property
All elements of the seller’s site are and remain the exclusive intellectual property of the seller. Nobody is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express prior written consent of the seller.
Article 13: Personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the seller shall set up a personal data processing operation whose purpose is the sale and delivery of products and services defined in this contract. All personal data necessary for the processing of an order are kept by the seller or its employees and may be transmitted to companies with which the seller – or its suppliers – collaborate, when such communication is necessary for the processing of the order. The user also authorises the seller to use this data to compile statistics in order to improve its site, the goods and the service it offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller’s commercial activities to its customers. Finally, the seller retains personal data to facilitate subsequent orders. Moreover, the seller undertakes not to divulge the information it has at its disposal to another company or business. The data kept by the seller may be requested and corrected at any time. Such a request must be sent by e-mail to the following address (firstname.lastname@example.org) or by post to buyphone.
Article 14: Proof
The parties accept, within the framework of their relations, electronic means of proof (for example: email, computer backups, …).
Article 15: Dispute resolution
The present terms and conditions of online sales are subject to Belgian law. In the event of a dispute, the courts of the seller’s registered office are competent, except in the case of binding public policy provisions.