TERMS & CONDITIONS
Definitions and scope
The general conditions of sale of products, hereinafter referred to as “the general conditions” are applicable to all orders placed with Barley’s CommV, whose registered office is at Daenenstraat 23 at 2600 Antwerp, registered with the Banque Carrefour des Entreprises under number BE0836675676, hereinafter referred to as “the seller”.
These general conditions form the contract between the seller and the customer. The seller and the customer are hereinafter commonly referred to as “the parties”.
The “customer” is any natural or legal person who orders products from the seller.
The “consumer” is the customer, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
The present general conditions are only applicable. In any event, they exclude the general or specific conditions of the customer that the seller has not expressly accepted in writing.
The general conditions are freely accessible at any time on the seller’s website: “barleys.eu”, so that by placing an order with him, the customer declares having read these general conditions and confirms his acceptance of the rights and obligations relating thereto.
The seller reserves the right to modify these general conditions at any time and without prior notification, subject to making these modifications appear on its website. These changes will apply to all subsequent product orders.
Offer and order
To place an order, the customer chooses the product (s) he wishes to order by surfing the seller’s website, indicates the contact details requested of him, verifies the accuracy of the order, and then pays for his order. .
After receiving confirmation of payment for the order by the banking organization, the seller sends the customer a summary of his order, including the number of his order, the products ordered as well as their price, these general conditions or a link to these, as well as an indication of the probable execution time of the order.
The seller reserves the right to suspend, cancel or refuse a customer’s order, in particular in the event that the data communicated by the customer prove to be manifestly erroneous or incomplete or when there is a dispute relating to the payment. from a previous order.
In the event of cancellation of the order by the customer after its acceptance by the seller, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order will be acquired to the seller and invoiced to the customer, as damages.
The price of the products is indicated in euros, all taxes included.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and that of delivery will be automatically charged to the customer.
Any delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, according to the method and place of delivery as well as the number of products ordered.
Unless otherwise expressly agreed to in writing by the seller, delivery shall be made within a maximum of fourteen (14) working days from receipt of the order, notwithstanding any fortuitous event or force majeure that would delay delivery independently of the will and diligence of the seller.
In the event of a delay exceeding fifteen (15) working days, the customer must send a formal notice by registered mail to the seller, who will then be able to benefit from 50% of the prescribed time to deliver the product(s) ordered.
Retention of title
The seller remains the owner of the products ordered until they have been paid in full.
The ownership of the products is transferred to the customer only after the withdrawal or delivery of the items and after full payment of the order. Notwithstanding Article 1583 of the Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. Until payment of the sale price has been made, the customer is prohibited from pledging the items, offering them, or using them as security in any way. The customer is expressly prohibited from making changes to these articles, making them real property by incorporation or destination, selling them or disposing of them in any way.
As long as the seller has the property rights over the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, only the customer can be held responsible for the loss or possible damage of the products. If necessary, the customer agrees to insure the products against any risk. The customer also agrees to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as being the property of the seller.
Right to retract
In accordance with article VI.47 of the Code of Economic Law, the consumer who orders products remotely from the seller has a period of 14 calendar days to date, for the products, from the day of delivery of the products or of notification of their availability at the planned pick-up point, to notify the seller that he is giving up the purchase, without penalties and without giving any reasons.
When this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The consumer can notify his wish to renounce the purchase, by means of the withdrawal form posted on the seller’s website, by means of the form sent with the order form or available on the S.P.F. Economy, P.M.E., Middle Classes and Energy: economie.fgov.be, or by a declaration without any ambiguity setting out its decision to withdraw from the contract.
The consumer will have to reship the product (s) for which the purchase (which) he (which) he / she has given up in perfect condition in its / their original packaging.
Only the direct costs of return will be the sole responsibility of the consumer. The seller will return the amount paid as soon as possible and at the latest within 14 days from the return of the products.
A consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived his right of withdrawal relating to this product.
Likewise, the consumer will not be able to exercise the right of withdrawal if he finds himself in the case of one of the other exceptions referred to in article 53 of book VI of the Code of Economic Law, in particular in the case of the supply of goods made to consumer specifications or clearly personalized.
The customer who does not meet the conditions for benefiting from the right of withdrawal described in the previous article of these conditions and who wishes to cancel his order, informs the seller who will tell him what to do.
Any deposit paid by the customer to the seller will not be refunded. If no deposit has been paid, the seller may claim from the customer a termination indemnity equivalent to 30% of the price of the products whose order has been cancelled by the customer.
The delivery times indicated by the seller are only indicative and are not binding on the seller. A delay in the delivery of the order can therefore in no case give rise to any compensation, termination of the contract, suspension of the customer’s obligations, or the payment of damages.
The order is not delivered to the customer until full payment has been made. The transfer of ownership and the burden of risk takes place when the order is fully paid. The customer is therefore advised that he alone bears the cost of the risks associated with the delivery.
The products offered for sale by the seller are within the limits of available stocks.
In case of unavailability of one or more product (s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order. or a postponed delivery at the end of the stock shortage of the product (s) concerned.
Receipt of the order and complaint
The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects at the planned collection point with the products he has ordered.
Any complaints must be made in writing, within 8 days of delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.
If a complaint is found to be justified, the seller / service provider will have the choice between replacing or refunding the price of the products concerned.
The information, logos, designs, brands, models, slogans, graphic charters, etc., accessible through the seller’s website or catalogue are protected by intellectual property law.
Unless otherwise agreed express and prior, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or the catalogue of the seller.
Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and / or industrial property rights for any reason whatsoever.
Legal warranty for all customers
In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them. or would have given a lower price if he had known them.
In the event of a finding of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a full refund, or keep against partial refund.
The seller is not obliged to guarantee the products against apparent defects, which the customer may or should have noticed at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he has refrained from notifying the customer.
Only the invoice, receipt or purchase order are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.
Additional legal guarantee for customers having the status of consumers
In accordance with article 1649quater of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the lack of conformity which existed when the product was delivered and which appeared within a period two years from this date.
This warranty includes the repair or replacement of the defective product at no cost to the consumer.
If, however, this repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree to a refund only upon delivery of the defective products by the latter.
In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of the possibilities of using the product.
The consumer is required to inform the seller of the Right of withdrawal of the existence of the lack of conformity, in writing, within a maximum period of two months from the day he noticed the defect, under penalty of forfeiture of his right to complain. .
Only the invoice, receipt or purchase order are valid as guarantee certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear or any use that does not comply with the manufacturer’s instructions. or the seller. In the event of damage, theft or loss of a product delivered for repair, the seller’s liability will in any event be limited to the selling price of the product. The seller can in no way be held responsible for the loss or reproduction of data stored in or by electronic devices handed over for repair.
The customer acknowledges and accepts that all the obligations owed by the seller are exclusively of means and that he is only responsible for his fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or willful misconduct on the part of the seller, the damage for which the customer can claim compensation includes only the material damage resulting directly from the fault attributed to the seller to the exclusion any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually
paid by the customer in execution of the order.
The customer also acknowledges that the seller is not responsible for any direct or indirect damage caused by the products delivered, such as in particular loss of profit, increase in overheads, loss of customers, etc. The seller is also not responsible in the event of incorrect data communication by the customer, or in the event of an order placed on his behalf by a third person. Finally, it is up to the customer to inquire about the possible. The restrictions or customs duties imposed by his country on the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.
Internet and new technologies
The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future.
The customer also recognizes the risks of storing and transmitting information digitally or electronically. The customer accepts that the seller cannot be held responsible for any damage caused by the use of the seller’s website (as well as any applications) or the internet, as a result of the aforementioned risks.
The customer also accepts that the electronic communications exchanged and the backups made by the seller can serve as proof.
Force majeure or fortuitous event. The seller cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous.
In particular, the following events will be considered as force majeure or fortuitous events: 1) the loss or total or partial destruction of the seller’s computer system or its database when one or other of these events cannot not reasonably be attributed directly to the seller and it has not been demonstrated that the seller failed to take reasonable steps to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurgencies and riots, 11 ) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or of the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller depends, 15) a fact or third party decision when this decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller.
Lack of foresight. If, due to circumstances beyond the seller’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and fairness an adaptation of the contractual conditions within a reasonable period of time in order to restore balance. Failing agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or compensation of any kind.
Termination of the contract. In the event of the customer’s insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend the performance of his obligations until the customer has fully reimbursed the amount. any unpaid debt owed to the seller.
In the event of non-performance of its obligations by the customer, the seller may terminate the contract at the sole fault of the customer without delay or compensation and, if applicable, may claim from him by any legal means the payment of damages.
Illegality. The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) can not affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the rest of this article, paragraph or provision, unless an intention to the contrary is evident in the text.
Securities. Headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they refer to.
No waiver. Inertia, negligence or delay by a party to exercise a right or a remedy under these terms and conditions can in no way be interpreted as a waiver of this right or remedy.
Applicable Law and Jursdiction
These general conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or breach of these general conditions, the parties undertake to resort to mediation prior to any other method of dispute resolution.
The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels – https://www.cfm-fbc.be/fr) jointly agree or charge a third of this designation.
Once the mediator has been appointed, the parties define among themselves, with the help of the mediator, the modalities of organization of the mediation and the duration of the process.
Either party can terminate mediation at any time, without prejudice to it.
In the event that mediation fails, only the courts of the judicial district of Brussels will be competent.