GENERAL CONDITIONS FOR SALES
These terms and conditions aim to regulate the contractual relationship between the Customer and SRL Art Concept Creation, whose head office is Avenue Daudet n°3 to 1300 Wavre, registered with Banque-Carrefour des Entreprises under the BE number 0877.645.706, hereinafter referred to as "Company".
By "Customer", means any person, individual or undertaking, using the services or purchasing the articles of the Company.
Article 1 – General
§1. These general conditions aim to regulate the contractual relationship between the Customer and the Company.
§2. These general terms and conditions apply to all the activities listed below, carried out by the Company and for which the Customer has given his consent, in accordance with Article 2 of these general terms and conditions. The main targets are, but are not limited to, in-store and online sales of model articles and modeling accessories; hereinafter referred to as "articles" or "orders".
§3. These general conditions are also applicable to any service not included above and carried out by the Company within the framework of its activity, expressly mentioned to the Customer.
§4. In any case, the Customer of the website must be of age (i.e., 18 years of age). Furthermore, the visitor to the above-mentioned website is given under the general mention Customer in order to simplify the terms used in these terms and conditions.
§5. An "order" refers to a purchase by the Customer either through the website www.wavremodelisme.com or directly in the store.
§6. These general terms and conditions are applicable both to sales made in Belgium and abroad and concern the entire contractual relationship existing between the Company and the Customer: from placing the order to payment and delivery.
§7. These general conditions prevail over any other general or special conditions. They may be modified at any time by the Company. In this case, the latter undertakes to inform the Customer and the modified terms and conditions will automatically apply to any subsequent online purchase of the Customer on the website.
Article 2 – Online purchasing procedure
§1. The operation of the Site shall be as follows:
1. The Customer connects to the Company's Website and selects items that he places in his shopping cart. He thus expresses his wish to place an order.
2. The Customer, after registering, enters his delivery and billing details. The order’s total amount, which includes all applicable taxes and shipping charges, is provided to the customer.
3. After receiving a complete summary of his order, the Customer confirms his willingness to proceed to the payment stage.
4. The Customer is redirected to the page for determining the payment method, namely Paypal, payment by bank transfer or Visa. The information related to the bank card used is not known to the Company.
5. Payment is requested from the relevant financial institution.
6. The Customer receives the result of the transaction by e-mail; he can then print and keep it as authentic proof.
7. The Company performs the after-sales processing and sends the package to the Customer in accordance with these general conditions. Any modification made by the Customer will trigger a modification of the order confirmation and, where applicable, of the total cost mentioned.
§2. In any case, items placed in the Shopping Cart or ordered online remain the property of the Company until full payment.
§3. The Customer is responsible for updating their contact information on the website, such as a new email address, to ensure Step 6 can be completed successfully.
§4. The prices shown on the website are valid on the date of the consultation and are subject to change. The final price is communicated to the Customer at the time of confirmation of the sale on the website.
§5. Items with the mention TBC are items whose prices are not yet known and which will be confirmed later. Once these have been confirmed to the Customer, the latter may either maintain his order or cancel it free of charge.
§6. An administration fee of 3.00 Euros will be charged for an order < 15.00 € excluding VAT and shipping costs (all taxes and costs are entirely borne by the Customer).
§7. The prices listed on the website are only valid for purchases made online and paid according to our payment terms outlined below. Prices in-store may differ from those on the website. The Customer will therefore not be able to request the Company to apply the same web’s price to his purchases, if these take place at the store. Items on the website may not be available at the same time.
§8. The website has been created in the most diligent manner possible. It is intended to present the articles offered by the Company. The information on the website is subject to change. The Customer is therefore invited to check the information in his possession before making contact. The Company is not contractually bound to any information on our website.
Article 3 – Customer Agreement and Contractual Documents
By validating his order, the Customer signifies his intention to conclude a purchase contract subject to these terms and conditions. He also certifies that all his data is correct and valid. Under no circumstances may the Company be held responsible for any error in this regard.
Article 4 – Cancellation
§1. Any cancellation of the order or withdrawal by the Customer will result in the loss of the amount of the deposit -if a deposit has been paid-. If no advance payment has been made, the Customer is liable for an allowance of 10% of the value of the order.
§2. In the event of cancellation of the order by the Company, for reasons beyond its control (shortage of stock, bankruptcy of a supplier, for example, and without being exhaustive), the Company undertakes to propose items of equivalent nature, value and quality to the Customer. He is free to accept or refuse.
Article 5 – Item’s order, deadlines and delivery methods
§1. Delivery times are mentioned for information purposes only.
§2. The Company is therefore not liable in any way for delay within the time limits for reasons attributable to the carrier concerned or to third parties. Furthermore, the Company's liability cannot be called into question under any circumstances when it does not carry out the delivery. Consequently, the risks related to the carrier are solely of the responsibility of the latter, as from the moment he takes possession of the items. In the event of damage to the ordered item caused during transport and for reasons not attributable to the Company, a replacement of the Customer’s Order may be arranged, subject to the Customer’s agreement. The replacement delivery time will be the same as the original delivery time.
§3. A fixed amount covering delivery costs is added to the order amount.
§4. Upon receipt of the order, the Customer is required to verify the order, before the delivery person leaves or when taking possession. Any defects must be immediately communicated to the delivery person and the order must be refused. The rejected items are returned to the Company which will examine whether its liability can be incurred and will, if necessary, send a new order.
§5. If the Customer chooses the option "Payment by bank transfer", the Customer undertakes to make his payment within 7 days from the date of his order. If the payment has not reached us on this date, the order is automatically cancelled. No compensation will be payable to the Customer.
§6. For any order to be sent to the Customer, the deadline will be 7 working days from receipt of the full payment. If there is a delay, the Company shall inform the Customer as far as possible.
§7. For a Customer order of an out of stock item, the order will only be confirmed to the supplier upon receipt of payment. The delivery delay cannot be guaranteed due to the supply times imposed by suppliers. The mention OUT OF STOCK is clearly indicated and therefore, the item out of stock cannot be subject to an order cancellation without administration fees being applied.
§8. For orders for new products, please note that some new products have no release date announced by manufacturers and therefore no delivery time can be communicated. No compensation or reimbursement of the advance payment will be made in this case. Sometimes certain innovations are cancelled by manufacturers and the Company cannot be held responsible.
§9. If, after validation of the Order, the Company finds that the items are no longer available from our suppliers or withdrawn from the sale for legal or manufacturer-specific reasons, we will either propose a similar item, of equivalent price, or terminate immediately and automatically the sales contract, without compensation for the Customer. The amounts already paid by the Customer will be refunded to him.
Article 6 – Right of withdrawal from a distance sale
§1. The Customer, covered by the law on the protection of the integrated consumer within the Code of Economic Law, has a withdrawal period of 14 days. This right of withdrawal must be exercised under articles VI.47 and VI.53 of the Code of Economic Law and is therefore applicable only subject to the following conditions:
- The order meets the condition of "distance selling" i.e. a sale placed on the online selling website www.wavremodelisme.com ;
- The order does not constitute a “custom-made” item, i.e. made by Art Concept Creation to meet a specific and exclusive need of the Customer.
§2. In addition to the above, this right of withdrawal may be raised only in so far as the articles ordered have not been used or modified in any way and provided that the article is in the state of delivery (original packaging and label).
§3. This right of withdrawal shall not apply to articles (I) sold, (II) destocked, (III) or on special promotion at certain events. In this case, the items are not taken over, refunded or exchanged.
§4. This right of withdrawal allows the Customer to return the items to the Company at its own expense. In all cases of return below, the Customer will have to return the withdrawal form available on the website under the ‘Cancellation' tab.
§5. If the withdrawal is made before the items are sent by the Company, the following shall apply:
- If payment was made by Paypal or Visa, the Customer bears the direct costs incurred by the Paypal/Visa commission. The total amount of the refund therefore corresponds to the amount of the purchase, including shipping costs less the amount of the Paypal / Visa commission. Proof of this commission may be sent at the request of the Customer ;
- If the payment has been made by bank transfer, the Company undertakes to repay all payments received by returning them to the bank account with which the payment was made by the Customer or by offering vouchers on the Site of value equivalent to the price of the returned item.
§6. If the withdrawal is made after sending the items:
- The Customer returns to the following address WAVRE MODÉLISME, Rue du Chemin de Fer, 11 1300 Wavre, Belgium and sends an email to contact@wavremodelisme.com with the tracking number and in which he expresses his wish to return the items;
- Returns must be made within 14 days of receipt, in original packaging, with no missing parts or damages, and include the purchase invoice ;
- The item returned incomplete or damaged will not be reimbursed.
Article 7 – Warranty and return of defective items
§1. Items sold as “New” are subject to a 2 year legal warranty.
§2. The legal guarantee shall cover only those non-compliances which exist at the time of delivery of the articles, excluding: (i) any direct or indirect damage caused to the article after delivery, (ii) any replacement of elements or accessories which are required for regular renewal, (iii) any damage resulting from fire, damage to water, lightning, accident or any other natural disaster; (iv) any defect caused expressly or by negligence, improper maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
§3. If the defective item cannot be repaired due to the unavailability of parts or if the defective item cannot be replaced because it is no longer manufactured or available, the Company will propose an equivalent model or make the refund taking into account any reduction related to the use of the article by the Customer.
§4. In order to ensure a guaranteed return under the best possible conditions, the return arrangements are transmitted by the Company when the latter is informed by the Customer of the return. The cost of returning the items to the Company, in the event of application of the guarantee, shall be borne exclusively by the Company.
§5. Any return of article(s), for any reason other than the legal warranty, a hidden defect or a lack of conformity, is the exclusive responsibility of the Customer. Under no circumstances will the Company cover the return costs.
§6. The defective item will be deposited by the Customer at the store at the following address: Rue du Chemin de Fer n°11 1300 Wavre
§7. Any claim must include a copy of the invoice for the item in question, the observations and the location of the defect.
Article 8 – Limitation of liability
§1. The Company performs the services according to the practice of the profession and in accordance with the standards applicable to the services concerned. In view of the above, its responsibility is strictly limited to the situations provided for in the following §§.
§2. The Company is not, under any circumstances, liable for any damages incurred by the Customer and in particular -without being exhaustive- is not liable for indirect damages, damages caused to third parties or unanticipated results.
§3. In the event of the Company's liability being called into question by the Customer or a third party, the Company's liability shall, in all cases, be limited to the amount of the services concerned by the dispute and paid by the Customer. In no case shall the amount of the damage take into account an expected and unrealized profit or a potentially avoided loss on behalf of the Customer.
§4. The Company is not responsible for the indirect consequences of the use of the purchased items, or in the event of damage resulting from abnormal, unusual or unplanned use of the items.
§5. The warranty will not apply if the Customer fails to comply with the advice noted in the package leaflet. Some items such as RC models require special attention, particularly for maintenance (any dried sludge that can cause the breakage of spare parts, ...), regular tightening of screws and others (vibration can have an impact on certain parts of the car: screws, ...). If any of these problems are identified, the guarantee will not apply. The guarantee is excluded if the malfunction results from normal wear or tear, negligence or failure to maintain, or from an intervention on the item without written permission from the Company. Our responsibility cannot go beyond the replacement of items that, after our or the manufacturer's control, would not meet their specifications and performance.
§6. Under no circumstances is the Company responsible for a labelling problem, whether in-store or on the online selling website www.wavremodelisme.com.
§7. The Company shall take all necessary measures to comply with the time limits laid down. With the exception of a serious fault in the head of the Company, the Company is under no circumstances responsible for a delay, an error or any other factor attributable to a third party, in particular to the Customer or a supplier (for example, in the event of a breakdown of supplier stocks, an erroneous presentation on the online selling website) www.wavremodelisme.com. No compensation of any kind may be claimed by the Customer in this context.
§ 8. The Company is in no way liable in case of error in the delivery address that the Customer will have registered himself when creating his personal account on the online sales website www.wavremodelisme.com. In no case will the Customer be able to claim damages or/and interest from the Company, and the costs of a new delivery are the exclusive responsibility of the Customer.
§9. In no case shall the Company be liable for a cancellation or postponement of a delivery date of an article, for reasons beyond its control or in the event of force majeure, such as a strike by third parties to the relationship, natural disaster, (risk of) attacks, major epidemics being the subject of measures taken by the public authorities, intervention by the public authority. In the event of such an event, the Customer and the Company undertake to agree on a deferral of benefits as far as possible.
§10. The Company reserves the right to refuse the order on behalf of the Customer, to terminate it or to refuse, if necessary, early, for personal or related reasons to the Customer (e.a. lack of involvement, lack of consistency, recurrent indecision, failure to pay a previous invoice, failure to comply with the rules laid down in these general conditions, or any other reason of any kind).
Article 9 – Payment
§1. Payment of items is as follows:
- Payment of the total amount VAT included when picking up the items in case of a purchase in our store ;
- Payment of the total amount including VAT of the order confirmed on the online selling website www.wavremodelisme.com, as described in section 2 of these general terms and conditions of sale.
§2. If an item is unavailable, the contract is not final until payment is received. Only then can the Company confirm delivery times. Payment delays may affect previously notified delivery schedules, and if payment is not made, the Company may cancel the order.
§3. Payments are made by the Customer by the following means:
- Bank transfer to the company's account mentioned on the order form ;
- Online payment via the website www.wavremodelisme.com ;
- Cash in case of purchase in shop.
§4. A 30% deposit will be required for any pre-orders of new products. Payment and/or deposit must be received within 48 hours of the date of the order (= confirmation of your order). After this period, the order will be cancelled. The items will be released for sale. However, if your payment comes to us after this period, we commit to:
- Honor the order if the item is still in stock at our suppliers, subject to a possible delay ;
- Make the refund within 7 working days of receipt of your payment on our account if item no longer in stock. The type of refund will be the Company's free choice and we reserve the right to deduct, as a file fee, an amount of the amount to be repaid with a minimum of 10.00 Euros and a maximum of 25.00 Euros per refund.
Article 10 – Obligation of means
The Company is bound to the Customer by an obligation of means. The Company undertakes to make every effort to carry out the Customer's order in accordance with the Customer's wishes. However, the Company is not obliged to implement means of a disproportionate nature in relation to the objective to be achieved.
Article 11 – Personal data
§1. Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (GDPR) shall be processed in compliance with this Regulation. Such data shall be processed and kept solely for the proper performance of the contractual relationship between the parties and shall in no case be transmitted to third parties for any other purpose.
§2. The data kept by the Company are as follows: surname, first name, address, e-mail address, telephone number, bank account number.
§3. The Customer has the possibility to: (i) object, on request and free of charge, to the processing of his personal data, for serious and legitimate reasons, unless such opposition makes it impossible to properly perform the contractual relationship between the parties; (ii) access, free of charge, his own data held by the Company and obtain correction of data that is incomplete, inaccurate or irrelevant; (iii) request the deletion of his own data from the Company provided that the retention of the data is not due to a legal obligation; (iv) request the portability of its data held by the Company to a third party; (v) withdraw, where appropriate, at any time, consent to the processing of data based solely on consent.
§4. Any request concerning the above must be addressed in writing to the company's headquarters by mail, or by email to contact@wavremodelisme.com.
§5. The Company may disclose personal information to third parties at the request of any authority legally authorized to request it. The Company may also disclose them if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 12 – Claims
§1. Any complaint from the Customer must be made immediately verbally, confirmed in writing (recommended mail to the Post Office) or by e-mail to the address contact@wavremodelisme.com no later than 3 days, stamp of the post office faith, receipt of the articles. The Company undertakes to make every effort to find a friendly and suitable solution for all parties.
§2. Provided that a complaint is made by the Customer within the time limits specified in §1, and provided that the Company accepts, the amount of the complaint will be limited to the value of the items concerned.
Article 13 – Invalidity
The possible nullity of any provision of these General Conditions shall in no way affect the validity of all these General Conditions. If a clause is rendered void, the parties undertake to conclude a clause having a similar effect and to insert it in these general conditions.
Article 14 – Application of Belgian law
These general conditions, as well as any dispute as to the validity, interpretation or enforcement of these general conditions, are subject to Belgian law. All provisions not specified in these general conditions are governed by Belgian law.
Article 15 – Dispute resolution and competent courts
In case of dispute, mediation between the Company and the Customer is preferred. If, however, no agreement is possible, the competent courts are those of the judicial district of the registered office the Company.