Definitions and scope of application
The general conditions of sale of products and provision of services, hereinafter referred to as " general conditions are applicable to all orders placed with KH Ressources, whose registered office is in Belgium, registered with the Crossroads Bank for Enterprises under number 0681629391, hereinafter referred to as "the service provider" or "the seller". supplier » ou « the seller ".
These general terms and conditions form the contract between the seller/service provider and the customer. The seller/service provider and the customer are hereinafter referred to as "the parties". the parts ".
The " customer " is any natural or legal person who orders products and/or services from the seller/service provider.
The " consumer " is the customer, a natural person, who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.
These general terms and conditions are the only ones applicable. In any event, they exclude any general or special terms and conditions of the customer which the seller/service provider has not expressly accepted in writing.
The general terms and conditions are freely accessible at any time on the website of the seller/service provider: http://www.my-icoach. eu, so that by placing an order with him, the customer declares that he is aware of these general terms and conditions and confirms his acceptance of the rights and obligations relating thereto.
Le vendeur/prestataire se réserve le droit de modifier ces conditions générales à tout moment et sans notification préalable, sous réserve de faire apparaître ces modifications sur son site web. Ces modifications s’appliqueront à toutes les commandes de produit(s) et/ou de service(s) passées ultérieurement.
Offer and order
To place an order, the customer chooses the product(s) and/or service(s) he wishes to order by surfing on the vendor's/service provider's website, indicates the contact details requested, verifies the accuracy of the order, and then makes payment for his order.
After receiving confirmation of payment for the order from the bank, the seller/service provider sends the customer a summary of his order.
The seller/service provider reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer proves to be manifestly erroneous or incomplete or when there is a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the customer after its acceptance by the vendor/service provider, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order will be acquired by the vendor/service provider and invoiced to the customer as damages.
Le prix des produits et/ou des services est indiqué en euros, toutes taxes comprises.
Any increase in VAT (Value Added Tax) or any new tax that may be imposed between the time of the order and the time of delivery and/or execution will automatically be charged to the customer.
Retention of title
The seller remains the owner of the products ordered until full payment has been received.
The right of ownership of the products is only transferred to the customer after the withdrawal or delivery of the articles and after full payment of the order. By derogation to article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, it is forbidden for the customer to pledge the articles, offer them, or use them as a guarantee in any way whatsoever. The customer is expressly forbidden to make changes to these articles, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
Right of withdrawal
In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products and/or services from the vendor/provider at a distance has a period of 14 calendar days from the date of delivery of the products or notification of their availability at the planned collection point, to notify the vendor that he renounces the purchase, without penalties and without giving reasons.
For services, the period of 7 calendar days starts to run from the day of the conclusion of the contract, i.e. from the day the consumer received the summary of his order, in particular by email by going to "contact us".
When this period expires on a Saturday, Sunday or public holiday, it shall be extended to the first working day thereafter.
Le consommateur peut notifier sa volonté de renoncer à l’achat, au moyen du formulaire de rétractation mis en ligne sur le site web: contactez-nous.
Similarly, the consumer will not be able to exercise the right of withdrawal if he finds himself in the case of one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the consumer's specifications or clearly personalised.
Receipt of the order and complaint
The customer is obliged to check the apparent good condition and conformity of the products delivered to him or which he collects at the collection point provided with the products he has ordered.
Any complaints must be made in writing within 8 days after delivery of the order or notification of its availability at the agreed collection point. Failing this, they will not be taken into account and the customer will be deemed to have definitively accepted the order.
Any complaints relating to the services provided by the service provider must be made in writing within 8 days of the occurrence of the event giving rise to the complaint. Failing this, they cannot be taken into account.
If a complaint proves to be well-founded, the seller/supplier will have the choice between replacing or refunding the price of services concerned.
The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or catalogue of the seller/service provider are protected by intellectual property law.
Unless expressly agreed otherwise in advance, the customer is not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or catalogue of the vendor/provider.
Unless expressly waived, the agreed price does not therefore include any transfer of intellectual and/or industrial property rights in any capacity whatsoever.
- Legal guarantees for all customers
In accordance with articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which so diminish this use that the customer would not have acquired them or would only have paid a lower price for them if he had known about them.
If a hidden defect is found, the customer must act promptly, in accordance with Article 1648 of the Civil Code, and will have the choice of returning the product affected by a hidden defect for a full refund, or keeping it for a partial refund.
The seller is not obliged to guarantee the products against apparent defects, which the customer could or should have been aware of at the time of purchase. Similarly, the seller is only obliged to guarantee the products against hidden defects of which he was aware at the time of sale and of which he failed to warn the customer.
- Additional legal guarantee for customers in their capacity as consumers
If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may only agree to a refund if the customer hands over the defective products.
- Guarantee as to the services provided
The service provider undertakes to perform the service provision in a good fatherly manner.
The customer benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of any anomaly detected during this period, the service provider will correct it free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.
The guarantee of conformity expressly excludes services requested as a result of unauthorised intervention or modification, operating errors or improper use by the customer, or as a result of a defect caused by intervention by the customer or a third party.
The service provider declares that the results of the services that would be protected by intellectual property law constitute original creations. In the event that it has called upon outside contributors to carry out all or part of the services, it declares that it has obtained all the rights and authorisations necessary to carry out these services.
Consequently, the service provider guarantees the client against any action, claim, allegation, demand or opposition on the part of any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.
General The customer acknowledges and accepts that all obligations owed by the seller/service provider are exclusively of means and that he is only liable for fraud and gross negligence.
The customer also acknowledges that the seller/service provider is not liable for any direct or indirect damage caused bythe services provided, such as, in particular, loss of profit, increase in overheads, loss of customers, etc.
The seller/service provider is likewise not liable in the event of erroneous data being provided by the customer, or in the event of an order being placed on his behalf by a third party.
Internet and new technologies
The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The customer also acknowledges the risks of storing and transmitting information by digital or electronic means.
The customer accepts that the seller/service provider cannot be held liable for any damage caused by the use of the website (and any applications) of the seller/service provider or the internet, as a result of the aforementioned risks.
The customer furthermore agrees that the electronic communications exchanged and the backups made by the seller/service provider may serve as proof.
Case of force majeure or fortuitous event. The seller/service provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of his obligations when such non-performance is the result of force majeure or fortuitous event.
In particular, the following events will be considered as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the vendor/provider's computer system or its database when one or other of these events cannot reasonably be directly attributed to the vendor/provider and it is not shown that the vendor/provider has failed to take reasonable steps to prevent one or other of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a stoppage in the supply of energy (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller/service provider depends, 15) an act or decision of a third party where such a decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller/service provider.
Unpredictability. If, due to circumstances beyond the control of the seller/service provider, the performance of his obligations cannot be continued or is simply made more expensive or difficult, the seller/service provider and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Termination of the contract. In the event of the insolvency of the customer or in the event of unpaid debts, even under previous contracts between the customer and the seller/service provider, the seller/service provider is entitled to suspend the performance of his obligations until the customer has fully repaid any outstanding debts owed to the seller/service provider.
In the event of non-performance of its obligations by the customer, the seller/service provider may terminate the contract at the exclusive fault of the customer without delay or compensation and, where appropriate, may claim damages and interest from the customer by any legal means.
Illegality. The possible illegality or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general terms and conditions, nor the remainder of that article, paragraph or provision, unless there is a clear intention to the contrary in the text.
Titles. The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.
No waiver. Inertia, negligence or delay by either party in exercising any right or remedy under these terms and conditions shall not be construed as a waiver of such right or remedy.
Applicable law and competent courts
These general conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or breach of these terms and conditions, the parties undertake to resort to mediation prior to any other means of dispute resolution.
The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels https://www.cfm-fbc.be/en) by mutual agreement or entrust a third party with this appointment.
Once the mediator has been appointed, the parties, with the help of the mediator, define between themselves the modalities for organising the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice to the other party.
If mediation fails, only the courts of the judicial district of Brussels will be competent.