ETIKTOU general sales conditions
Preamble
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1. Acceptance of conditions
These general conditions apply to sales and provisions of services carried out by COJEMA. They govern all quotes made by COJEMA to its customers or potential customers, hereinafter collectively referred to as "the customer". By placing an order with COJEMA, the customer accepts the application of these general conditions. These conditions shall prevail over the general purchase conditions and all other conditions coming from the customer. In the event of a contradiction between these conditions and the general or special conditions of the customer, these conditions shall apply exclusively, with the exclusion of all clauses to the contrary. To be binding for COJEMA, all orders must be subject to a written confirmation issued by it.
2. Products
The photographs illustrating the products shall not enter the contractual scope. If there are errors in said photographs, COJEMA shall under no circumstances be liable for this. The majority of products offered to its customers by COJEMA are available in our factories.
3. Order
The automatic recording systems are considered as valid proof of the nature, content and date of the order. COJEMA confirms acceptance of the order to the customer's e-mail address which the customer has first communicated. The sale shall only be concluded as of confirmation of the order. COJEMA reserves the right to cancel all orders from customers with whom a dispute exists relating to payment for a previous order. The information mentioned by the buyer on taking the order shall be binding for said buyer: in the event of an error in the description of the recipient's contact details, the seller shall not be held liable for the impossibility which this may cause regarding delivery of the product.
4. Delivery
After confirming the order, COJEMA shall undertake to deliver to its transporter all the references ordered by the buyer within a maximum period of 5 working days. Said transporter shall commit by contract with COJEMA to delivering the order to the buyer's address provided by COJEMA. Merchandise travels at the full risk of the customer, even if the delivery takes place free of charge. In addition, for deliveries outside of Belgium, the customer shall undertake to settle all taxes due on the import of products, customs duty, value added tax, and all other taxes due by virtue of the laws of the country of receipt of the order. COJEMA automatically waives all legal liability if the settling of taxes has not been carried out by the customer.
Any possible delays in delivery shall not give the buyer the right to claim damages and interest.
In the event of apparent faults, the buyer shall have the right to a return under the conditions provided in this document. The following shall be considered as a case of force majeure which shall release the seller from its obligation to deliver: war, riot, fire, flooding, strikes, accidents and impossibility to acquire supplies. Merchandise shall always be transported at the risk of the recipient. Always check your package on arrival. Any anomalies must be reported on the delivery slip. Precise reservations mentioning the condition of the packaging and the merchandise must be made; please note the item reference and the subject of the reservation. General wording such as "subject to checking" shall have no legal value. Any claim not mentioned on the transporter's slip may not be taken into consideration.
For availability reasons, an order may be sent to the customer in several deliveries. The customer shall then only settle a single delivery. If the customer desires 2 delivery locations, he should place 2 orders, with the associated delivery costs. We cannot be held liable for any delays in delivery.
5. Return/Exchange
COJEMA shall undertake to provide you with quality products. If you are not satisfied with your order, COJEMA shall undertake to exchange the products concerned.
Sending and return costs shall then take place at your expense. You will then have a period of 14 days as of the date of receipt to send the products back to us.
Damaged or used items may be neither taken back nor exchanged, or will be returned and the shipping costs will be borne by you.
6. Prices
Prices are expressed in euros. All orders - irrespective of their origin - are payable in euros.
The price indicated in the order confirmation is the definitive price, expressed including all taxes and including VAT for Belgium and EEC countries. This price includes the price of the products and costs for handling, packaging and conservation of the products, and transport costs. However, COJEMA reserves the right to modify its prices at any time but the products will be invoiced based on the prices applicable at the time of recording of the order and subject to availability.
7. Payment
The price invoiced to the customer is the price indicated on the order confirmation addressed by COJEMA.
The order validated by the customer shall only be considered effective when the banking payment centres concerned have given their agreement. In the event of a refusal from these centres, the order shall be automatically cancelled and the customer will be notified by e-mail. In addition, COJEMA reserves the right to refuse all orders from customers with whom a dispute is ongoing.
8. Disputes
For all orders placed with COJEMA, Belgian law shall apply. All disputes with the customer shall fall under the exclusive competence of the legal district of Liège. COJEMA nevertheless reserves the right to put the dispute before the courts in the legal district of the customer's registered office.
9. Warranty
COJEMA may under no circumstances be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. COJEMA's liability shall systematically be limited to the value of the product brought into question, at its value on the date of sale.
10. Legal information
The filling in of personal data collected for the purposes of remote sales is compulsory, as this data is indispensable for the processing and delivery of orders and the establishment of invoices. Failure to fill in this data shall lead to the non-validation of the order. The customer shall have (article 34 of the law of 6 January 1978) a right to access, modify, rectify and remove data that concerns him, and he may exercise this right through COJEMA. In addition, COJEMA shall undertake not to divulge to third parties the data that you communicate to us. The data will be used by its internal departments solely for the processing of your order and the sending of mailings.