Terms of Use - Mister Sandow

General Terms and Conditions of Sale

The online store of the website "www.mister-sandow.com" has been set up by the company WISECOM GROUP SRL, which operates this website. Any order placed for a product listed in the online store of this website or service requires prior consultation and acceptance of these general terms and conditions of sale. Consequently, the consumer acknowledges being fully informed that their agreement regarding the content of these general terms and conditions of sale does not require a handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store.

Article 1: General Provisions

These general terms and conditions of sale apply to all contracts concluded between the company WISECOM GROUP SRL (www.mister-sandow.com) and the buyer, whether professional or private.

Article 2: Purpose

These general terms and conditions of sale aim to define the contractual relations between the company WISECOM GROUP SRL (www.mister-sandow.com) and the buyer as well as the conditions applicable to any purchase made through the commercial website of the company WISECOM GROUP SRL (www.mister-sandow.com), whether the buyer is professional or private. The acquisition of goods or services through this site implies unreserved acceptance of these terms and conditions of sale by the buyer. These terms and conditions of sale shall prevail over all other general terms and conditions of sale or special conditions not expressly agreed to by the company WISECOM GROUP SRL (www.mister-sandow.com).

The company WISECOM GROUP SRL (www.mister-sandow.com) reserves the right to modify its general terms and conditions of sale at any time. In this case, the applicable general terms and conditions of sale will be those in force on the date of the order by the buyer.

Article 3: Definitions

The seller is the company WISECOM GROUP SRL (www.mister-sandow.com) whose registered office is:

Wisecom Group SRL (www.mister-sandow.com)
Rue de Mitoyenne 414
4710 Lontzen (Belgium)
Phone number: 0032 (0)87 84 10 21
VAT number: BE 0641 740 320

The professional buyer is any natural or legal person who acquires or uses for professional purposes the merchandise sold by the company WISECOM GROUP SRL (www.mister-sandow.com). The private buyer is a natural or legal person who acquires and uses for private purposes the merchandise sold by the company WISECOM GROUP SRL (www.mister-sandow.com).

Article 4: Characteristics of Goods and Services Offered

The products and services offered are those listed in the catalog published on the seller's website. The catalog photographs are as accurate as possible but cannot ensure perfect similarity with the offered product. These products and services are offered subject to available stock. 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 them the choice between waiting or canceling the order for unavailable items free of charge. Available items are delivered normally.

The products that appear on our website www.mister-sandow.com as well as on our commercial brochures are developed and printed by professionals. Nevertheless, viewing on the website and on commercial brochures does not allow full appreciation and reproduction of the colors or textures of the materials. Furthermore, each customer depending on the calibration of their screen and proofing machines, may have a modified appearance of reality. Consequently, the responsibility of the company WISECOM GROUP SRL (www.mister-sandow.com) cannot be engaged due to a marginal difference between the colors viewed and the colors of the product as delivered or the texture of the printing medium. Each print is individually controlled. For supplied files, we only check if your file has sufficient resolution and if the format corresponds. Any other defect (missing font, incorrect procedure in formatting to PDF, EPS or Jpeg) causing a problem during printing remains the sole responsibility of the customer who supplied this file. Anomalies arising from the quality of your files, tolerances accepted in the printing industry, constraints related to amalgam printing, non-compliance with technical recommendations and procedures specific to WISECOM GROUP SRL (www.mister-sandow.com) cannot give rise to complaints. Similarly, weights announced on our site are given for information only and cannot be the subject of a complaint.

Article 5: Pricing

The prices of products and services displayed on the site are indicated in euros (excluding 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 effect at the time of its confirmation. VAT of 21% applies to all sales in Belgium except upon presentation of documents in case of exemption or waiver of this VAT. Belgian VAT (21%) will be applied for non-registered entities. Registered entities will be exempted only after verification by us of the validity of their VAT number.

Article 6: Geographic Areas

The online sale of products and services presented on the seller's website is reserved for buyers who reside in Europe and for deliveries required in these geographic areas. Please contact our customer service for any order and/or delivery to a country outside the European Union or island.

Article 7: Orders

The buyer who wishes to purchase a product or service must:

complete the identification form on which they will indicate all the requested contact details;
complete the online order form by providing all references of the chosen products or services;
validate their order after verifying it;
make payment under the conditions provided;
confirm their order and payment.

Order confirmation entails acceptance of these terms of sale, acknowledgment of having perfect knowledge of them, and waiver of relying on their own purchase conditions or other conditions.

All data provided and the recorded confirmation shall serve as proof of the transaction. The confirmation shall constitute signature and acceptance of the operations performed. The seller will communicate by email confirmation of the recorded order.

As soon as the information is collected, the seller uses it to manage orders and undertakes not to provide the information it has to another company. The seller also retains personal data in its archiving file to facilitate subsequent orders. At any time, the archived user may request to view the information stored about them and, if necessary, to correct or delete it by addressing their request through the contact form on the seller's e-commerce website.

Article 8: Payment Methods

Payment is due upon ordering. Payments will be made by credit card; they will be processed through the secure Paypal or Payplug system which uses the SSL (Secure Socket Layer) protocol so that transmitted information is encrypted by software and no third party can access it during transport over the network. Payments can also be made by bank transfer or international wire transfer. In case of payment by bank transfer, banking fees are borne by the ordering party.

Beneficiary Account IBAN: BE 57 3631 5307 5235
Beneficiary BIC: BBRUBEBB

WISECOM GROUP SRL (www.mister-sandow.com)
Rue Mitoyenne 414
4710 Lontzen (Belgium)

An electronic invoice will be sent to the buyer during the processing of their order. At the buyer's request, they will be sent a paper invoice showing the VAT.

Article 9: Payment Default - Late Interest - Penalty Clause

9.1: Payment Default

In case of non-payment of all or part of the debt at the due date specified on the invoice or service contract, the entirety of it and all other invoices owed by the customer, regardless of their origin, becomes immediately and rightfully payable. WISECOM GROUP SRL (www.mister-sandow.com) will then be entitled to demand immediate return of the equipment at the customer's sole expense and cost.

In the context of service contracts, non-payment of an installment results in immediate suspension of services. WISECOM GROUP SRL (www.mister-sandow.com) will be entitled to demand automatic termination of said contract at the customer's sole fault.

In the case of installment payments granted to the customer by WISECOM GROUP SRL (www.mister-sandow.com), non-compliance with a single term results in immediate enforceability without notice of the total amounts due. WISECOM GROUP SRL (www.mister-sandow.com) will then be entitled to demand immediate return of the equipment at the customer's sole expense and cost.

9.2: Late Interest

In case of non-payment or partial payment of an invoice at maturity, without prejudice to the application of other conditions stipulated in these general terms of sale, late interest fixed at the rate determined based on the law of August 2, 2002 concerning the fight against payment delays in commercial transactions during the semester in which the order was registered will be due by right and without prior notice.

In the context of service contracts, without prejudice to the application of the conditions, the same rate will be applied.

9.3: Penalty clauses - Compensation

In case of payment default concerning delivered goods, in addition to the other conditions stipulated in these general terms and conditions of sale, any unpaid amount will be increased automatically and without prior notice by late payment interest calculated at 1% per month, from the invoice due date until the payment receipt date.

Furthermore, any overdue unpaid amount will be increased by 15% as flat-rate compensation for the damage suffered and costs incurred by the payment default with a minimum of €50 per unpaid invoice.

In case of dispute, the courts of Verviers (Belgium) have sole jurisdiction.

In case of payment default for service contracts, in addition to what is specified above, a penalty equivalent to 40% of the amounts remaining due until the initially planned end of the service contract will be due.

Article 10: Delivery

Deliveries are made to the address indicated in the order form which can only be within the agreed geographical area. In case of absence during delivery, the buyer is obliged to contact the carrier to set another delivery date. In case of sale to a consumer, the goods are transported at the seller's risk until delivery of the goods to the delivery address specified by the buyer. From that moment, the buyer alone assumes the risks. If the delivered goods are damaged, the buyer is obliged to refuse the goods or accept them only with a written reservation on the carrier's delivery slip, to be completed by the customer and the carrier. Any complaint relating to the delivered goods must reach the seller within 5 days following the date of receipt. The complaint must be addressed exclusively by registered letter to the headquarters of WISECOM GROUP SRL (www.mister-sandow.com), and be accompanied by a copy of the purchase invoice and the delivery slip completed with the written reservation mentioned above. After this period, the goods will be definitively considered as compliant by the buyer and no further complaints will be taken into consideration. In case of sale to a professional, transport is at the buyer's risk. Delivery times are given for information only.

Article 11: Right of withdrawal and conditions for returning goods

This article applies only to private buyers who have the right to notify the seller that they are withdrawing from the purchase within 14 working days from the day following the delivery of the goods. This right of withdrawal does not belong to professional buyers. Within this period, the consumer must notify their intention to withdraw by email or by post and return, at their own expense and risk, the product to the administrative headquarters of WISECOM GROUP SRL (www.mister-sandow.com) by post or transport company of their choice. The returned goods must conform to the initial shipping condition, unopened and originally sealed with the intact and unbroken Protector adhesive tape. Any breaking of the adhesive tape presumes that the goods have been used and can no longer be returned. The goods must be accompanied by the original purchase invoice and the original transport delivery slip. The seller reserves the right to verify the return condition of the goods within 2 weeks following receipt. If the goods have not been unpacked, unsealed or damaged, the seller has 30 days to refund the amount paid excluding transport costs. Otherwise, if the goods have been unpacked, unsealed or damaged, the private buyer forfeits their right of withdrawal and takes charge of all repackaging and return shipping costs to the address specified by the latter when placing the order. Unless expressly agreed otherwise, the consumer cannot exercise the right of withdrawal for contracts for the supply of products made according to consumer specifications or clearly personalized.

Article 12: Warranty

Regarding consumers, the seller guarantees the products they sell and the services they provide in accordance with the law of April 6, 2010 relating to market practices and consumer protection. For any application of the commercial warranty, the customer must produce the original purchase invoice to the exclusion of any other document. We assume no other obligation than to provide materials conforming to what was agreed with the buyer. The buyer is furthermore deprived of any warranty if they have transformed the goods or used them without respecting the manufacturer's directives, or if the defect originates from inappropriate or inadequate use of the goods by the buyer. If the product is used for non-private purposes, the limited warranty conditions of the manufacturer/supplier are in force. To claim the warranty, it is imperative that the buyer sends the defective product, accompanied by its original packaging as well as a copy of the purchase invoice and delivery slip to the headquarters of WISECOM GROUP SRL (www.mister-sandow.com). All complaints, exchange or refund requests must be made either by email to the following address info@mister-sandow.com or by post (registered mail) WISECOM GROUP SRL (www.mister-sandow.com) within thirty days following delivery.

Article 13: Replacement Timeframe

If merchandise is sent to the seller by the customer for replacement, the seller is obligated to respect a timeframe by implementing all means so that this replacement can be carried out within a reasonable period. No compensation for an excessive delay may be claimed from the seller.

Article 14: Exclusion

No warranty may be granted if the defect presented by a sold product results from inadequate use, transport or storage of the product or any other case of force majeure. The customer will be notified as soon as possible of this situation.

Article 15: Seller's Responsibilities

The seller's liability regarding product defects is limited to replacement thereof. If the customer fails to accept the proposal made to them within two weeks, they will be definitively deprived of any right to any warranty. The data provided on the site is given in good faith, the links proposed to manufacturers' and/or partners' sites are given for information purposes. The seller cannot be held responsible for information from these sites.

Article 16: Buyer's Responsibilities

The buyer is entirely responsible for the choice and use of the product delivered by the seller.

Article 17: Liability

The seller, in the online sales process, is only bound by an obligation of means; their liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service interruption or other involuntary problems.

Article 18: Intellectual Property

All elements of the company's website are and remain the intellectual and exclusive property of the company WISECOM GROUP SRL (www.mister-sandow.com).

No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the site whether they are software, visual or audio. Any simple or hypertext link is strictly prohibited without written agreement from the company WISECOM GROUP SRL (www.mister-sandow.com).

Article 19: Personal Data

In accordance with the law of January 6, 1978 relating to information technology, files and freedoms, nominative information relating to buyers may be subject to automated processing.

The company WISECOM GROUP SRL (www.mister-sandow.com) reserves the right to collect information on buyers including by using cookies, and, if it wishes, to transmit the collected information to commercial partners.

Buyers may object to the disclosure of their contact details by notifying the company WISECOM GROUP SRL (www.mister-sandow.com). Similarly, users have a right of access and rectification of data concerning them, in accordance with the law.

Article 20: Archiving – Proof

The company WISECOM GROUP SRL (www.mister-sandow.com) will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of the Civil Code.

The computerized registers of the company WISECOM GROUP SRL (www.mister-sandow.com) will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 21: Dispute Resolution

These general terms and conditions of sale are subject to Belgian regulations. In case of dispute between parties or legal proceedings for payment, only the courts under the jurisdiction of our registered office are competent.