Conditions of use CalinCaline.be
Article 1 – Fields of application
1.1. These General Terms and Conditions of Sale apply to all orders placed on the site. www.calincaline.be
1.2. Any order accepted by CalinCaline necessarily implies, as an essential condition, the unreserved acceptance of these general conditions which supplement the special conditions that may be contained in our offers, order forms and contracts.
1.3. Buyer acknowledges that our offers, purchase orders and contracts, together with these terms and conditions, constitute the entire text of the agreement between the parties and supersede or supersede any proposal and/or any other prior writing.
1.4. These general conditions prevail over all clauses, conditions of purchase (general or specific), as well as over any indication contained in documents issued by the buyer, regardless of when they were sent or brought to our attention.
1.5. The conditions emanating from the buyer which would be in contradiction with our own general conditions do not bind us, unless they are accepted in express terms.
1.6. The fact that we do not implement one or the other clause established in our favor by these general conditions or the fact that we exceptionally agree to derogate from them, cannot be interpreted by the buyer as a waiver of our part to avail ourselves of it later.
1.7. If one or more of the clauses of these general conditions were to be declared void, the other provisions would remain applicable.
Article 2 - Orders
2.1. The buyer is bound by the terms used in the order he places with us.
2.2. Any order modification requested by the buyer after its acceptance can only be taken into consideration if it reaches us in writing and only binds us from the moment it is accepted according to the procedure provided for the acceptance of orders. .
Article 3 – Offers, recommendations and use
3.1. All our offers are valid for one month from their date of issue, unless otherwise specified in the offer.
3.2. Unless otherwise agreed in writing, any recommendations we give during the sale and/or delivery of our products are made, either generally and therefore for information only, depending on the most common use of the products concerned, or in a particular way, in the light of the prior information that the buyer has communicated to us in writing.
3.3. In either case, these recommendations cannot engage our responsibility and it is up to the purchaser, as a last resort, to check their suitability for the use for which they intend our products.
3.4. Otherwise, www.calincaline.be cannot bear any responsibility for direct or indirect damage that may result from the use of our products in specific applications. In this respect, late written information (more than a week after the installation of the product) is assimilated to a lack of information.
3.5. Is considered late, written information sent more than 8 days after the discovery of any damage/problem/defect, …
3.6. The descriptions and statements relating to our products, whether they relate to their functionality, their behavior or their performance, are only valid for the most common use of these products, under normal conditions of application, use and climate.
Article 4 - Price
4.1. Unless otherwise indicated, our prices are always mentioned including taxes, including VAT.
4.2. The prices and information relating to our products mentioned in our catalogues, prospectuses and prices are given for information only. We reserve the right to make any modification (in particular with regard to the layout, shape, size, weight, material, etc. of the products) without this giving rise to any complaint or price reduction. whether it be.
Article 5 – Delivery – transport
5.1. Prices are calculated for material supplied ex works. Shipments by express parcel, MondialRelay, La Poste Belgique or other delivery service offered on www.Calincaline.be are the responsibility of the customer as well as any other transport, insurance, customs, special packaging, etc
5.2. Unless otherwise agreed in writing, our delivery times for goods and our work completion times are indicative. No order can be canceled unilaterally by the buyer for non-observance of the delivery or performance deadline without www.calincaline.be having been given formal notice and a new delivery date having been set in writing. by mutual agreement. No delay in delivery or performance can justify a claim for damages. The agreed deadlines are, moreover, automatically suspended by any event independent of our will which has the consequence of delaying the delivery or the execution, and this for the entire time that this event will last.
5.3. In the event of force majeure or fortuitous event or unforeseeable delay in deliveries or defective delivery from our suppliers, we reserve the right to cancel or partially or totally suspend the execution of our commitments without compensation. In this case, we will inform our client directly. War, mobilization, blockade, partial or total strikes, lockouts, riots, epidemics, machine breakdown, fire, explosion, interruption in means of transport, computer problem or other accidents which may occur either with us or with our suppliers and which would prevent or impede the manufacture, work or shipment are conventionally considered as force majeure.
5.4. We reserve the right to effect and invoice partial deliveries.
5.5. If the customer does not collect the goods or refuses to ship them after the expiry of the delivery period (whether this period was agreed at the time of the confirmation of the order or later), the goods will be stored in our facilities at his disposal. , at its own expense and risk. The goods will be fully invoiced to him unless otherwise agreed in writing.
Article 6 - Guarantee
6.1. CalinCaline undertakes to guarantee the items sold for a period of 1 year from the date of purchase indicated on the invoice. The manufacturer's warranty is intended to cover even defects due to the use of the Customer. This guarantee will allow the Customer to enjoy more complete protection against any defects and/or damage compared to the legal guarantee.
The warranty is in the form of a free repair service for 1 year following purchase. Return shipping costs are the responsibility of the Customer.
The defects concerned are those of the accessories (buckles, press studs and nails).
Fabric fading is not part of the manufacturer's warranty for the reason that excessive exposure of fabric items to sunlight is naturally subject to fading which is irreversible. Abuse damage (tears, burns, holes and cuts, stained or scuffed fabrics or leather) are also excluded from the manufacturer's warranty.
6.2. The warranty is excluded:
– in the event of a defect or defect arising either from the materials supplied by the customer or from a design imposed by the latter,
– in the event of damage or accident attributable to transport or resulting from negligence, lack of installation, supervision or maintenance by the customer or by a third party,
– in the event of use, installation or storage of the goods in abnormal conditions or not in accordance with our prescriptions or the rules of the art,
– if the customer has carried out or had carried out modifications, adjustments or repairs to the goods without our express agreement,
– in the event of damage resulting from fortuitous events, force majeure or fault on the part of the customer or a third party.
ARTICLE 7 – INTELLECTUEL PROPERTY RIGHTS
7.1. CalinCaline remains the owner of the products until full payment of the related invoice. Therefore, we can exercise a right of retention on all our products not yet delivered (as well as on any goods that the customer may have handed over to us for the performance of work) until full payment thereof. During this period, the buyer also undertakes to keep the products in such a way that they can be identified as being the property of www.calincaline.be.
7.2. The buyer is required to take all necessary measures to preserve the goods which remain our property pursuant to this article.
7.3. In the event of bankruptcy, judicial reorganization or seizure proceedings or any other legal action taken on our unpaid products, the buyer shall immediately notify the curator, bailiff or the officiating authorities of the existence of this ownership clause. .
Article 8 - Complaints
8.1. In all cases, the customer must provide us in writing with the article number(s), the delivery note number(s) on which our entire internal traceability system. Otherwise, we reserve the right to refuse any claim.
8.2. No goods can be returned to us without our prior written agreement. Any return will be made under the exclusive responsibility and at the expense of the customer. If it is an error on the part of the customer, the goods will be taken back and credited with a reduction of 20%; any non-current merchandise, specially ordered for a customer will not be taken back.
8.3. All complaints relating to errors, shortcomings, non-conformities, visible damage or apparent defects must be notified in writing to the headquarters of www.calincaline.be no later than eight working days following delivery. If this deadline is not respected, the buyer loses the benefit of the guarantee stipulated in article 6. In any case, no complaint relating to defects or hidden defects can no longer be introduced, beyond expiration of the warranty period provided for in Article 6.
8.4. If the complaint is submitted within the time limit and proves to be justified, our obligations will be limited:
– in the event of errors or non-conformities: the replacement of the goods supplied by error or non-conforming
– in case of missing goods: upon delivery of these
– in the event of damage or defects attributable to us: at our option, either the repair or the replacement of the damaged or defective goods in the state of finish provided for in the contract, excluding any other compensation for any reason whatsoever it would be. We do not cover any immaterial damage and/or financial loss whatsoever, direct or indirect. The performance of our obligations as listed above is subject to the return by the customer of the goods delivered by mistake, non-compliant, damaged or defective. Our replacement will be limited to the pro rata of the return. In the aforementioned cases and conditions, we will intervene only for the costs incurred by the customer following a prior written agreement on our part.
8.5. In the event of an error on our part concerning the quantity or the model on the basis of the order form, we will take back or exchange the goods at our expense.
Article 9 – Conditions and defaults of payment
9.1. All payments due to us are deemed to be made at the registered office of www.calincaline.be. All our invoices are payable in cash when ordering unless otherwise agreed in writing between the parties. The terms of payment cannot be delayed or modified for any reason whatsoever, even in the event of a dispute.
9.2. The non-payment, even partial, of an invoice or a commercial paper on the due date, has the consequence that:
a) all other unpaid claims, whether due or unmatured, including unmatured bills of exchange, become immediately due and payable;
b) all discounts and payment facilities granted by us become null and void;
c) we are entitled, without prior notice or judicial intervention, to consider the contract(s) and/or orders in progress as fully or partially resolved to the customer's fault or to suspend them partial or total execution.
Article 10 – Intellectual and industrial property – confidentiality
10.1. The products manufactured in our workshops are subject to intellectual property rights (copyright, trademarks, designs, models) and include know-how which is protected. CalinCaline is the sole holder and the buyer undertakes to respect them and to inform us without delay of any infringement that may be caused to them.
10.2. The buyer is prohibited, in particular, from making any use of our intellectual property rights without our prior written consent.
10.3. Any studies, plans and documents given to the buyer remain our property and are confidential. The buyer may not use them outside of what is provided for in our contractual agreements, nor communicate them to third parties and he undertakes to take all useful measures for this purpose.
Article 11 – Place of performance, applicable law and competent court
11.1. All obligations arising from our contracts are performed at our registered office.
11.2. All our contracts are subject to Belgian law.
11.3. In the event of a dispute, the parties will make their best efforts to resolve it amicably. Failing this, the courts of the judicial district of Liège, Liège division have sole jurisdiction.