Terms and Conditions of Sale

Preamble

The online shop of the Mister-Sandow website is operated by WISECOM GROUP SRL, responsible for managing this website. Any order for products available in the online shop of this site, as well as the use of its services, implies prior consultation and acceptance of the terms and conditions of sale presented below. Consequently, the consumer acknowledges having been fully informed that their consent to these terms and conditions of sale does not require a handwritten signature of the document, insofar as the customer wishes to make online purchases of products offered in the online shop of the website.

Article 1: General Provisions

These terms and conditions of sale apply to all contracts concluded between WISECOM GROUP SRL (Mister-Sandow) and the buyer, whether professional or individual, in the context of internet sales in Europe including outside the European Union.

Article 2: Purpose

These terms and conditions of sale aim to define the contractual relationship between WISECOM GROUP SRL (Mister-Sandow) and the buyer, as well as the conditions applicable to any purchase made on WISECOM GROUP SRL's (Mister-Sandow) commercial website, whether the buyer is a professional or individual consumer. Purchasing a good or service via this site implies unconditional acceptance of these terms of sale. They take precedence over all other general or specific terms and conditions of sale that have not been expressly accepted by WISECOM GROUP SRL (Mister-Sandow). No derogation from these general conditions may be made without the prior written and express agreement of WISECOM GROUP SRL (Mister-Sandow), such derogation being valid only for the specific order for which it was granted.

WISECOM GROUP SRL (Mister-Sandow) reserves the right to modify its terms and conditions of sale at any time. In this case, the terms and conditions of sale in force at the time of the buyer's order shall apply.

Professional customs shall also apply in cases not provided for herein.

Article 3: Definitions

The seller is WISECOM GROUP SRL (Mister-Sandow) whose registered office is:

Wisecom Group srl (Mister-Sandow)
Rue Mitoyenne 414
4710 Lontzen (Belgium)

Telephone number: 0032 (0)87 84 10 23

Intra-Community 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 WISECOM GROUP SRL (Mister-Sandow).

The individual buyer is a natural person who acquires and uses for private purposes the merchandise sold by WISECOM GROUP SRL (Mister-Sandow).

Article 4: Characteristics of goods and services offered

The products and services offered are those listed in the catalogue published on the seller's website. The catalogue photographs aim to provide the most accurate representation possible of the products, but they do not guarantee perfect similarity with the product offered. These products and services are available subject to stock availability. If, despite all our efforts, certain items are unavailable, the seller will immediately inform the buyer by email and offer them the choice between waiting until the items are available or cancelling the order for unavailable items at no charge. Available items will be delivered according to our standard delivery option.

Colours, textures and quality control

Colours and Textures: The products presented on our website www.mister-sandow.com as well as in our commercial brochures are designed and printed by professionals. However, we wish to emphasise that visualisation on the website and in commercial brochures may not reflect with perfect accuracy the actual colours or textures of the media.

Colour and Texture Variations: Furthermore, perception of colours and textures may vary from one customer to another depending on the calibration of their screen and their proofing equipment. Consequently, slight differences may exist between colours viewed online and the colours of the delivered product, as well as for the texture of the printing medium.

Quality Control: Each print is subject to individual inspection to guarantee the best possible quality.

Files Provided: Regarding files provided in vector format, our verification is limited to the resolution and format of the file. All other aspects, such as the presence of missing fonts, spelling errors or incorrect procedures during formatting (.ai, .eps, .pdf, etc.), which could cause problems during printing, are the exclusive responsibility of the customer who provided the file.

Tolerances and Recommendations: Quality variations resulting from the quality of supplied files, normal tolerances in the printing industry, constraints related to amalgam printing, non-compliance with technical recommendations and specific procedures of WISECOM GROUP SRL (Mister-Sandow) cannot give rise to claims.

Indicative Weights: The weights indicated on our site are provided for guidance only and cannot be disputed and are not subject to claims.

Article 5: Pricing

1. Product and service prices: The prices of products and services displayed on our site are shown in euros and do not include VAT or other applicable taxes. The seller reserves the right to modify its prices at any time. However, the prices applicable to an order are those in force at the time of order confirmation.

2. VAT in Belgium: For sales in Belgium, VAT at a rate of 21% applies by default, unless supporting documents for VAT exemption or relief are provided.

3. VAT for non-liable buyers: Buyers who are not liable for VAT will be subject to VAT in the country where they reside or operate.

4. Tax exemption within the European Union: Member countries of the European Union may benefit from tax exemption if the rules in force concerning intra-community operations, in accordance with Directive 2006/112/EC, Article 138, are respected.

5. Exports to countries outside the European Union: For exports of goods to countries located outside the European Union, we comply with the provisions of Directive 2006/112/EC, Article 146. In order to benefit from this exemption, the professional must provide us with proof of incorporation of their company, in accordance with the requirements of local tax authorities in the destination country. Please note that customs formalities and local taxes may also apply in the destination country, and it is the buyer's responsibility to inform themselves and comply with all applicable local laws and regulations for guidance only and are not subject to claims.

Article 6: Geographic Areas

Online sales of products and services presented on the seller's website are reserved for buyers who reside in Europe including and for deliveries required in these geographic areas.

For any order and/or delivery to a country located outside the European Union, please contact our customer service.

Article 7: Orders

To purchase a product or service, the buyer must follow the following steps mandatory:

• Complete the identification form by providing all required information;
• Complete the online order form by indicating the references of selected products or services;
• Validate the order after verification;
• Make payment according to the agreed terms;
• Confirm the order as well as payment.

Order confirmation implies acceptance of these general terms of sale, acknowledgment of having read them and waiver of the application of their own purchase conditions or other conditions.

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

We draw attention that the customer is entirely responsible for their order, including selection of product size, colour, quantity, delivery details and any other information provided when ordering. WISECOM GROUP SRL (Mister-Sandow) disclaims all responsibility for any problem or dissatisfaction resulting from wrong choices made by the customer when ordering. It is the customer's responsibility to carefully verify all order information before finalising it. In case of error in the order, the customer must contact us immediately to discuss correction options, but WISECOM GROUP SRL (Mister-Sandow) does not necessarily guarantee the possibility of modifying an order once it has been confirmed. It is the customer's responsibility to ensure that all information provided is accurate and adequate for their needs before placing an order.

Once information is collected, the seller uses it for order management and undertakes not to share it with other companies. Personal data is also stored in the seller's archives to facilitate future orders. At any time, the archived user may request to view information stored about them, and where appropriate, request corrections or deletion of their data using the contact form available on the seller's e-commerce website.

Article 8: Payment Methods

Payment is required at the time of ordering. Payments can be made using the following methods:

Administrative Order

This payment method is exclusively reserved for institutions under public accounting (Universities, Schools, Town Halls, CNRS, General Council, Ministries…). A purchase order with an official stamp from the institution must be sent to us by email at the following address: info@mister-sandow.com.eu. Upon receipt of your documents, we proceed with shipping your equipment. We will transmit the invoice to your accounting department through CHORUS PRO - PEPPOL - MERCURIUS or by email for payment within 30 days end of month.

Debit Card

With your debit card, you can pay for your order online easily and securely. No additional fees are applied.

Credit Card

Visa, Eurocard/Mastercard and American Express are accepted. Your transaction will be completed online easily and securely. No additional fees are applied.

PayPal

PayPal is a secure and convenient online payment method that allows you to pay for your purchases without sharing your financial information with the seller. To use this option, select "PayPal" as your payment method during the ordering process. You will then be redirected to the PayPal website to complete your payment. Once the transaction is confirmed, you will receive a confirmation email from PayPal as well as from us to inform you that your order has been received and is being processed. No additional fees are applied for PayPal payments.

Bank Transfer

Our account numbers will be displayed at the end of the ordering process and will also be sent to you by email. Please carefully verify our account number before proceeding with payment and include your order reference in the communication. We can provide you with a proforma invoice upon request.

Please note that bank charges associated with the transfer are the responsibility of the ordering party.

• CBC Beneficiary Account
  IBAN: BE 89 7320 5471 1485
  Beneficiary BIC: CREGBEBB

Purchase Order

Purchase orders are created based on a prior quotation. They are sent by the buyer to the seller and describe exactly what the order must contain. A purchase order will include elements such as the quantity of items, detailed description of items, price, purchase date, payment terms (30 days end of month) as well as an official stamp from the institution and the buyer's signature. It is important to note that the purchase order requires formal acceptance from the seller to be considered valid. You will receive the electronic invoice, with your order reference mentioned, by email upon shipment of the equipment.

We do not accept cheques.

Article 9: Non-Payment - Late Interest - Penalty Clause

9.1: Default of Payment

In case of non-payment by the due date specified on the invoice or service contract of all or part of the debt, the entirety of it and all other invoices owed by the client, regardless of origin, becomes immediately due and payable by right. WISECOM GROUP SRL (Mister-Sandow) will then be entitled to demand immediate return of the equipment at the client's entire expense and cost. In the context of service contracts, non-payment of a due date results in immediate suspension of services. WISECOM GROUP SRL (Mister-Sandow) will be entitled to demand automatic termination of said contract at the client's entire fault.

In the case of instalment payments granted to the client by WISECOM GROUP SRL (Mister-Sandow), failure to comply with a single term results in immediate enforceability without formal notice of all amounts due. WISECOM GROUP SRL (Mister-Sandow) will then be entitled to demand immediate return of the equipment at the client's entire expense and cost.

We encourage you to respect payment deadlines to avoid any service interruption and additional charges.

9.2: Late Interest

In case of non-payment or partial payment of an invoice by the due date, 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 14 August 2021 concerning the fight against late payment 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 conditions, the same rate will be applied.

9.3 Penalty clauses - Damages

In the event of payment default concerning delivered goods, in addition to other conditions stipulated in these general terms of sale, any unpaid amount will be increased by right and without prior notice 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 payment default with a minimum of £50 per unpaid invoice.

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

In the event of service contract payment default, 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 payable.

Article 10: Delivery

Deliveries

Deliveries are made to the address indicated on the order form or provided by the customer on our website, and must be located within the agreed geographical area. Delivery times are provided as a guide and cannot be guaranteed. Our company cannot be held responsible for delivery delays resulting from circumstances beyond our control, such as natural disasters, social conflicts, strikes, acts of terrorism, major IT failures, transport company delays, or any other event beyond our control.

If the customer decides to arrange delivery of the goods through their own means, WISECOM GROUP SRL (Mister-Sandow) declines all responsibility once the goods leave our warehouse. In this case, responsibility for the goods, including risks related to loss, damage or delays, lies entirely with the customer and their designated carrier. We recommend that customers ensure their carrier is duly qualified and covered by adequate insurance to guarantee the safety and integrity of the goods during transport.

Delivery charges

On our website, we generally offer free delivery for orders reaching £500 excluding VAT for European Union member countries, excluding islands and non-EU countries. However, please note that additional charges will apply for any special delivery requests. This includes, but is not limited to, requests such as delivery on a specific date, specific instructions like "call before arriving", address changes, a specific time slot, requests for delivery address changes after goods dispatch, or requests to use a lift.

These additional charges will be calculated based on the nature of the request and delivery location, and will be clearly communicated to you before you finalise your order. You will have the opportunity to confirm your agreement to these charges before proceeding with payment for your order.

Address changes after dispatch

If the customer changes the delivery address after order dispatch, our company declines responsibility for any delivery delays, and additional delivery charges will be borne by the customer. It is therefore essential that customers provide an accurate and final delivery address when placing their order. We encourage you to carefully check the delivery address before finalising your order to avoid any potential inconvenience.

Required presence during delivery

Customers must guarantee the presence of a person at the specified delivery address to receive the ordered products. Our company declines responsibility for any problems occurring during delivery in the customer's absence. If delivery fails repeatedly due to customer absence or any other reason attributable to the customer, our company reserves the right to cancel the order and charge delivery costs to the customer. Furthermore, if goods are transferred to a collection point and the customer does not collect them within the required timeframe, additional delivery charges will be invoiced.

Responsibilities

In the case of sale to a consumer, goods are transported at the seller's risk until delivery to the address specified by the buyer. From this moment, the buyer alone assumes the risks. If delivered goods are damaged, the buyer is required to refuse the goods or accept them with a written reservation on the carrier's delivery note, to be completed jointly by the customer and carrier. Any claim concerning delivered goods must be addressed exclusively by email (info@mister-sandow.com) or by recorded delivery letter to the registered office of WISECOM GROUP SRL (Mister-Sandow) within 5 days following receipt of the goods, accompanied by a copy of the purchase invoice and delivery note bearing the written reservation mentioned previously. After this period, the goods will be considered conforming by the buyer and no claims will be accepted. In the case of sale to a professional, transport is at the buyer's risk.

Force majeure

Our company cannot be held responsible for delays, inability to execute an order or any other disruption in cases of force majeure, such as natural disasters, social conflicts, strikes, acts of terrorism, major computer failures, transport company delays, or any other event beyond our control.

Article 11: Right of withdrawal and goods return conditions

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 after delivery of the goods. This right of withdrawal does not apply to professional buyers. Within this period, the consumer must notify their intention to withdraw by email or post and return, at their own expense and risk, the delivered product to the administrative headquarters of WISECOM GROUP SRL (Mister-Sandow) by post or transport company of their choice. The returned goods must be in the same condition as when sent, unopened and with the original seal and intact, unbroken Protector adhesive tape. Any breakage 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 original transport delivery note. The seller reserves the right to verify the return condition of the goods within 2 weeks of receipt. If the goods have not been unpacked, unsealed or damaged, the seller has 30 calendar days to refund the amount paid excluding transport costs. Otherwise, if the goods have been unpacked, unsealed or damaged, the private buyer loses their right of withdrawal and bears all repackaging and return costs to the address specified when placing the order. Except by express agreement to the contrary, the consumer cannot exercise the right of withdrawal for contracts for the supply of products made according to consumer specifications or clearly personalised. In the exceptional case where Mister-Sandow would accept the return of goods delivered to a professional, restocking fees of 20% of the total price excluding VAT of the order as well as return and all shipping costs will be borne by the customer.

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. To claim warranty, the customer must produce the original purchase invoice, excluding any other document.

The seller's commercial warranty is limited to providing products or services that conform to what has been agreed with the buyer. The buyer loses the right to warranty if they have modified the goods or used them without following the manufacturer's guidelines, or if the defect originates from inappropriate or inadequate use.

If the product is used for non-private purposes, the limited warranty conditions of the manufacturer/supplier apply. To claim warranty, the buyer must send the defective product, accompanied by its original packaging, along with a copy of the purchase invoice and delivery note to the headquarters of WISECOM GROUP SRL (Mister-Sandow).

All complaints, exchange or refund requests must be addressed either by email to the following address: info@mister-sandow.com, or by post (registered mail) to the address of WISECOM GROUP SRL (Mister-Sandow) within thirty days from delivery.

The warranty does not cover damage resulting from normal use, normal wear, negligence, misuse or unauthorised repair of products. The consumer's legal warranty rights are not affected by this commercial warranty.

Article 13: Replacement timeframe

If goods are sent to the seller by the customer for replacement, the seller is required to respect a timeframe by implementing all means so that this replacement can be carried out within a reasonable time. No compensation for an excessive timeframe can be claimed from the seller.

Article 14: Exclusion

No warranty can 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 liability

The seller's liability in relation to product defects is limited to replacement of the product. Should the customer fail to accept the proposal made to them within fifteen days, they shall be permanently barred from any right to any guarantee whatsoever. The data provided on the site is given in good faith, the links offered to manufacturers' and/or partners' websites are given for information purposes only. The seller cannot be held responsible for information originating 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 WISECOM GROUP SRL (Mister-Sandow). No one is authorised to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the site whether they be software, visual or audio. Any simple or hypertext link is strictly prohibited without express written agreement from WISECOM GROUP SRL (Mister-Sandow).

Article 19: Personal Data

In accordance with data protection legislation, personal information relating to buyers may be subject to automated processing.

WISECOM GROUP SRL (Mister-Sandow) reserves the right to collect information about buyers including by using cookies, and, if it so wishes, to transmit the collected information to commercial partners.

Buyers may object to the disclosure of their contact details by notifying WISECOM GROUP SRL (Mister-Sandow). 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 (Mister-Sandow) will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with Civil Code provisions.

The computerised records of WISECOM GROUP SRL (Mister-Sandow) will be considered by the parties as proof of communications, orders, payments and transactions occurring between the parties.

In the event that the Customer makes digital files available to WISECOM GROUP SRL (Mister-Sandow), they are required to retain the original files. WISECOM GROUP SRL (Mister-Sandow) has no obligation to retain (a copy of) these files.

Article 21: Dispute Resolution

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