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Terms and Conditions of Sale
The online shop of the website "www.mister-sandow.com" has been established by WISECOM GROUP SRL, which operates this website. Any order placed for a product featured in the online shop of this website or service requires prior consultation and acceptance of these terms and conditions of sale. Consequently, the consumer acknowledges being fully informed that their agreement regarding the content of these 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 within the website shop.
Article 1: General Provisions
These general terms and conditions of sale apply to all contracts concluded between WISECOM GROUP SRL (www.mister-sandow.com) and the purchaser, whether professional or individual.
Article 2: Purpose
These general terms and conditions of sale aim to define the contractual relationship between WISECOM GROUP SRL (www.mister-sandow.com) and the purchaser, as well as the conditions applicable to any purchase made through the commercial website of WISECOM GROUP SRL (www.mister-sandow.com), whether the purchaser is a professional or individual. The acquisition of goods or services through this website implies unreserved acceptance of these terms and conditions of sale by the purchaser. These terms and conditions of sale shall prevail over any other general terms and conditions of sale or particular conditions not expressly agreed by WISECOM GROUP SRL (www.mister-sandow.com).
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 shall be those in force on the date of the order by the purchaser.
Article 3: Definitions
The seller is 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)
Telephone number: 0032 (0)87 84 10 21
VAT number: BE 0641 740 320
The professional purchaser is any natural or legal person who acquires or uses for professional purposes the merchandise sold by WISECOM GROUP SRL (www.mister-sandow.com). The individual purchaser is a natural or legal person who acquires and uses for private purposes the merchandise sold by WISECOM GROUP SRL (www.mister-sandow.com).
Article 4: Characteristics of Goods and Services Offered
The products and services offered are those featured in the catalogue published on the seller's website. The catalogue 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 our efforts, all or part of the items are unavailable, the seller informs the purchaser by email as soon as possible and offers them the choice between waiting or cancelling 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, visualisation on the website and commercial brochures does not allow full appreciation and reproduction of the colours or textures of the materials. Furthermore, each customer, depending on their screen calibration and proofing machines, may have a modified appearance of reality. Consequently, WISECOM GROUP SRL (www.mister-sandow.com) cannot be held liable for marginal differences between the colours viewed and the colours of the product as delivered or the texture of the printing material. Each print is individually checked. For supplied files, we only verify whether your file has sufficient resolution and the correct format. Any other defect (missing font, incorrect PDF, EPS or JPEG formatting procedure) causing a problem during printing remains the sole responsibility of the customer who supplied the file. Anomalies arising from the quality of your files, tolerances accepted in the printing industry, constraints related to gang-run 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 website 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 shown in euros (excluding VAT and other applicable taxes). The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in force at the time of confirmation thereof. VAT of 21% applies to all sales in Belgium except upon presentation of documents in case of exemption or exception from this VAT. Belgian VAT (21%) will be applied for non-taxable persons. Taxable persons will only be exempted after verification by us of the validity of their VAT number.
Article 6: Geographical zones
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 geographical zones. 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 obligatorily:
- complete the identification form on which they will indicate all the required contact details;
- complete the online order form by providing all the references of the chosen products or services;
- validate their order after having verified it;
- make payment under the conditions provided;
- confirm their order and payment.
Confirmation of the order entails acceptance of these terms of sale, acknowledgment of having perfect knowledge thereof and waiver of relying on their own purchase conditions or other conditions.
All the data provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out. The seller will communicate by electronic mail 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 at their disposal to another company. The seller also retains personal data in their archiving file in order to facilitate subsequent orders. At any time, the user thus archived may request to consult the information that is stored about them and, where appropriate, to rectify or delete it by addressing their request through the contact form of the seller's e-commerce website.
Article 8: Payment methods
Payment is due on ordering. Payments will be made by bank card; they will be carried out through the secure Paypal or Payplug system which uses the SSL (Secure Socket Layer) protocol such that the transmitted information is encrypted by software and no third party can gain knowledge of it during transport over the network. Payments can also be made by bank transfer or international transfer. In case of payment by bank transfer, banking fees are at the expense of 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 when processing their order. Upon request from the buyer, they will be sent a paper invoice showing VAT.
Article 9: Default of payment - Default interest - Penalty clause
9.1: Default of payment
In case of non-payment of all or part of the debt at the due date provided on the invoice or service contract, the entirety thereof and of all other invoices owed by the customer, whatever their origin, becomes immediately payable as of right. WISECOM GROUP SRL (www.mister-sandow.com) will then be entitled to require immediate restitution of the equipment at the customer's entire expense and costs.
In the context of service contracts, non-payment of an instalment results in immediate suspension of services. WISECOM GROUP SRL (www.mister-sandow.com) will be entitled to require automatic termination of said contract entirely at the customer's fault.
In the case of staged payments granted to the customer by WISECOM GROUP SRL (www.mister-sandow.com), non-compliance by the latter with a single term results in immediate enforceability without notice of the totality of sums owed. WISECOM GROUP SRL (www.mister-sandow.com) will then be entitled to require immediate restitution of the equipment at the customer's entire expense and costs.
9.2: Default interest
In case of non-payment or partial payment of an invoice at due date, without prejudice to the application of other conditions stipulated in these general terms of sale, default interest set at the rate determined on the basis of the law of 2 August 2002 concerning the fight against late payment in commercial transactions during the semester in which the order was recorded will be due as of right and without prior notice.
Within the framework of service contracts, without prejudice to the application of the conditions, the same rate will be applied.
9.3: Penalty clauses - Indemnities
In the case of default of payment concerning delivered goods, in addition to the other conditions stipulated in these general terms and conditions of sale, any unpaid sum will be increased by right and without prior notice of default by late payment interest calculated at 1% per month, from the due date of the invoice until the date of receipt of payment.
Furthermore, any overdue unpaid amount will be increased by 15% as fixed compensation for the damage suffered and costs incurred due to the default of payment with a minimum of £50 per unpaid invoice.
In case of dispute, the courts of Verviers (Belgium) have sole jurisdiction.
In the case of default of payment of service contract, in addition to what is specified above, a penalty equivalent to 40% of the sums remaining due until the initially planned term 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 in order 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 assumes sole responsibility for the risks. In the event that the delivered goods would be damaged, the buyer is obliged to refuse the goods or to 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 exclusively addressed 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 deadline, the goods will be considered definitively 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 return of goods
This article only applies to the private buyer who has the right to notify the seller that he renounces the purchase within 14 working days from the day after the day of delivery of the goods. This right of withdrawal does not belong to the professional buyer. Within this deadline, the consumer must notify his intention to withdraw by email or by post and return, at his expense and at his risk, the product to the administrative headquarters of WISECOM GROUP SRL (www.mister-sandow.com) by post or transport company of his 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 creates a presumption 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 its 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 his right of withdrawal and assumes all costs of repackaging and return of goods 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 the consumer's specifications or clearly personalised.
Article 12: Warranty
With regard to consumers, the seller guarantees the products it sells and the services it provides in accordance with the law of 6 April 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 has been agreed with the buyer. The buyer is furthermore deprived of any warranty if he has transformed the goods or used them without respecting the manufacturer's directives, or if the defect originates from inappropriate or inadequate use that the buyer has made of the goods. 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 Period
If goods are sent to the seller by the customer to be replaced, the seller is obliged 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 state of affairs.
Article 15: Seller's Responsibilities
The seller's liability regarding product defectiveness is limited to replacing the product. If the customer fails to accept the proposal made to them within a fortnight, they will be permanently deprived of any right to any warranty whatsoever. The data shown on the site is provided in good faith, the links offered 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: Liabilities
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 site are and remain the intellectual and exclusive property of WISECOM GROUP SRL (www.mister-sandow.com).
No one is authorised 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 WISECOM GROUP SRL (www.mister-sandow.com).
Article 19: Personal Data
In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, nominative information relating to buyers may be subject to automated processing.
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 reporting this to 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
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 computerised records of WISECOM GROUP SRL (www.mister-sandow.com) will be considered by the parties as proof of communications, orders, payments and transactions occurring between the parties.
Article 21: Dispute Resolution
These general terms and conditions of sale are subject to Belgian regulation. In case of dispute between parties or legal proceedings for payment, only the courts under whose jurisdiction our registered office falls are competent.