Définitions and scope
The general terms and conditions of sale and the general terms and conditions for the provision of services, hereinafter referred to as the “general terms and conditions”, apply to all orders placed with Mohamed Akaychouh, domiciled in F. Campinestraat 41 mailbox 1.1, 1831 Diegem, hereinafter referred to as the “service provider” or the “vendor”.
The present general terms and conditions constitute the agreement binding the vendor/service provider and the customer; they are hereinafter collectively referred to as the “parties”.
The “customer” is any natural or legal person who orders products and/or services from the vendor/service provider.
The “consumer” is the customer, a natural person, who is acting for purposes which are outside his trade, business, craft or profession.
The present general terms and conditions are the only ones applicable between the parties.
These exclude the customer’s general or special terms and conditions which the vendor/service provider has not expressly accepted in writing. The general terms and conditions can be consulted freely at any time on the website of the vendor/service provider: www.arganstore.be. Consequently, when placing an order, the customer must declare that he is familiar with the general terms and conditions and confirm that he accepts the rights and obligations arising therefrom.
The vendor/service provider reserves the right to change these general terms and conditions at any time, without prior notice, provided that these changes are displayed on its website. These changes will apply to orders for products and/or services that are subsequently placed.
Offer and order
To place an order, the customer selects the product(s) and/or service(s) he wishes to order by browsing the vendor/service provider’s website, fills in the requested details, checks the accuracy of the order and then proceeds to make a payment.
After the vendor/service provider has received confirmation of payment from the banking institution, he will send the customer a summary of his order. This summary shall include the order number, the products and/or services ordered and their price, the present general terms and conditions or a link to these terms and conditions, as well as an indication of the probable date of delivery or execution of the order.
The vendor/service provider reserves the right to suspend, cancel or refuse the customer’s order, in particular if the information communicated by the customer proves to be manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.
In the event of cancellation of the order by the customer, for whatever reason and barring force majeure, after it has been accepted by the vendor/service provider, a sum equal to 30% of the price of the order shall be acquired by the vendor/service provider by way of damages and interest and invoiced to the customer.
The price of the products and/or services are shown in euro, taxes included.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and the corresponding delivery and/or execution, will automatically be charged to the customer.
Any delivery costs are not included in the price displayed, but are calculated separately at a later stage of the ordering process, depending on the manner and place of delivery, as well as of the number of products and/or services ordered.
Unless expressly agreed otherwise in writing by the vendor/service provider, the delivery and/or execution deadlines specified in the general terms and conditions are not expiry dates. The vendor/service provider cannot be held liable unless it concerns a significant delay due to its gross negligence.
The customer cannot invoke the terms of delivery and execution to terminate the agreement, to claim damages or interests and cannot, unless explicitly accepted otherwise in writing by the vendor/service provider, assert any other claim.
In the event of a delay in delivery of more than thirty working days, the customer shall send a notice of default to the vendor/service provider by registered letter, as a result of which the latter shall then have 50% of the prescribed period to deliver the product(s) ordered and/or to perform the services ordered.
Retention of title
The vendor remains the owner of the ordered products until the day of full payment.
Ownership of the products is only transferred to the customer after collection or delivery of the articles and after full payment of the order. As an exception to article 1583 of the Civil Code (Burgerlijk Wetboek), the goods sold, delivered, or installed remain the exclusive property of the vendor until the day of full payment of the invoice. As long as payment of the sales price has not been made, the customer is forbidden to pledge, donate or use the articles as security, in any way whatsoever. The customer is expressly forbidden to modify the articles, to make them immovable by incorporation or purpose, to sell them or to dispose of them in any way whatsoever.
As long as the vendor has the right of ownership of the delivered goods, in accordance with the provisions of this clause, the customer remains liable for the maintenance and the good condition of these products. During this period, only the customer can be held liable for the loss or possible damage of the products. If necessary, the customer undertakes to insure the products against any risk. The client also undertakes to keep the products in such a way that they cannot be confused with other products and that it remains clear at all times that the goods are the property of the vendor.
Right of withdrawal
In accordance with Article VI.47 of the Economic Law Code (Wetboek Economisch Recht), the consumer who orders products and/or services at a distance from the vendor/service provider has a period of 14 calendar days from the day of delivery of the products or notification that they are available at the agreed collection point to notify the vendor that he wishes to renounce the purchase, without any compensation and without having to give a reason.
Concerning services, this period of 14 calendar days starts to run on the day of the conclusion of the contract, i.e. the day on which the consumer receives a summary of his order by e-mail.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
Consumers may express their wish to withdraw from the purchase by means of a withdrawal form posted online on the vendor/service provider’s website, a form transmitted in combination with the order form or is available on the website of the FOD Economie, KMO, Middenstand en Energie: economie.fgov.be, or a declaration of their wish to withdraw from the contract, expressed in an indisputable manner.
The consumer will have to return the product(s) he wishes to renounce in perfect condition and in its (their) original packaging.
Only the direct costs of returning the goods are to be borne by the consumer.
The vendor/service provider shall return the amount paid by the customer to the latter as soon as possible, and at the latest within 14 days of the return of the products.
A consumer who opens or uses a product before the expiry of the period during which the right of withdrawal may be exercised shall be deemed to waive his right of withdrawal with regard to that product.
A consumer who expressly accepts that the service ordered has already been performed before the expiry of the period of 14 days and who acknowledges that this performance leads to the loss of this right of withdrawal, will no longer be able to exercise this right of withdrawal in accordance with Article VI.53 of the Economic Law Code (Wetboek Economisch Recht).
The consumer will also not be able to exercise his right of withdrawal if he is covered by one of the other exceptions provided for in Article VI.53 of the Economic Law Code (Wetboek Economisch Recht), in particular in the case of goods manufactured according to the consumer’s specifications or clearly personalized.
Cancellation of the order
A customer who does not meet the conditions for exercising the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must inform the vendor/service provider, who will in turn inform the customer of the procedure to be followed.
Any deposit paid by the customer to the vendor/service provider will not be refunded to the customer. If no advance payment has been made by the customer, the vendor/service provider shall be entitled to demand a cancellation fee from the customer amounting to 30% of the price of the products and/or services that were part of the order cancelled by the customer.
Delivery and/or execution of the order
The delivery deadlines and/or execution deadlines indicated by the vendor/service provider are given for indicative purposes only and are not binding on the vendor/service provider. A delay in the delivery and/or execution of the order can therefore under no circumstances give rise to any compensation, interest, termination of the agreement and/or suspension of the customer’s obligations.
The order will only be delivered to the customer or will only be executed after full payment. The transfer of ownership and risks takes place at the time of full payment of the order. The customer is therefore informed that he alone bears the risks associated with the delivery.
The products offered for sale by the vendor are only offered to the extent that they are in stock.
In case of unavailability of one or more products after payment of the order, the Vendor undertakes to inform the customer as soon as possible and offers the customer the choice between a refund, a modification of his order or a delayed delivery as soon as the products concerned are back in stock.
Receipt of the order and complaints
The customer is obliged to compare the attached order form with the products he ordered, as well as the conformity of the products that have been delivered or picked up at the collection point provided for this purpose.
Any complaints must be made in writing within a period of 5 days following the delivery of the order or following the notification that the order is available at the appropriate collection point. Failure to submit the complaint in the aforementioned manner and within the stipulated period, will result in the complaint not being taken into account and the customer is deemed to have accepted the order definitively.
Any complaints relating to the services provided by the service provider must be made in writing, within a period of 5 after the event giving rise to the complaint has occurred. Failure to submit the complaint in the aforementioned manner and within the stipulated period, will result in the complaint not being taken into account.
If a complaint turns out to be well-founded, the vendor/service provider has the choice between replacing the product and/or services concerned or refunding the price of these products and/or services.
Intellectual property rights
The information, logos, drawings, brands, models, slogans, corporate identity, etc. that are accessible via the website or the catalogue of the vendor/service provider are protected by intellectual property rights.
Subject to prior and express stipulation to the contrary, the customer is not permitted to modify, reproduce, rent, lend, sell, distribute or create derivative works based on all or part of the elements depicted on the website or in the vendor/service provider’s catalogue.
Unless this is expressly departed from, the agreed price shall under no circumstances imply a transfer of intellectual property rights and/or industrial rights in any way whatsoever.
Legal guarantee for all customers
In accordance with articles 1641 to 1643 of the Civil Code (Burgerlijk Wetboek), the Vendor is bound to indemnify the products against hidden defects which make the products unsuitable for their intended use or which reduce this use to such an extent that the customer, had he known the defect, would not have bought the products or would only have bought them at a lower price.
In case of detection of a hidden defect, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code (Burgerlijk Wetboek). The customer shall have the choice either to return the product affected by a hidden defect in exchange for a full refund of the price, or to keep the product subject to a partial refund of the price.
The Vendor shall not be obliged to indemnify the products against visible defects that the Customer has observed or could have observed at the time of the sale. The vendor shall only be liable to indemnify the customer against hidden defects of which he was aware at the time of the sale and which he has not reported to the customer.
Only the invoice, the receipt or the order form are valid for the customer as guarantee certificates with regard to the vendor. These documents must be kept by the customer and presented in their original version.
Additional legal guarantee for customers who are consumers
In accordance with article 1694 of the Civil Code (Burgerlijk Wetboek), the customer who is a consumer has a legal guarantee of 2 years for any lack of conformity that existed at the time of delivery of the product and that occurs within a period of 2 years from this delivery.
This guarantee consists of the repair or replacement, free of charge for the consumer, of the defective products.
However, if the repair or replacement proves impossible or disproportionate for the vendor or would cause serious inconvenience to the consumer, the vendor may propose an appropriate price reduction or a refund to the consumer, provided that the defective products are returned by the consumer.
If the replacement parts or the specific accessories necessary for the repair of the product are no longer available from the manufacturer, the vendor cannot be held liable for the loss of the possibility to use the product.
The consumer is obliged to notify the vendor of the defect in writing within a maximum period of two months from the day on which he has established the defect, on penalty of losing of his right to complain.
Only the invoice, the receipt or the order form are valid for the consumer as guarantee certificates with regard to the vendor. These documents must be kept by the consumer and presented in their original version. The guarantee period begins on the date indicated on these documents.
This guarantee cannot be applied if the defect is due to misuse, external cause, poor maintenance, normal wear and tear or any use not in accordance with the manufacturer’s or vendor’s instructions.
In the event of damage, theft or loss of a product returned for repair, the vendor’s liability shall at all times be limited to the selling price of the product. Under no circumstances may the Vendor be held liable for the loss or reproduction of data stored on or by electronic devices submitted for repair.
Guarantees with regard to the services provided
The service provider undertakes to perform the services with due diligence.
With regard to the services provided, the customer has a guarantee of conformity with regard to the services initially requested. If a deviation is established within this period, the service provider will remedy this deviation free of charge and as soon as possible, subject to the proviso that these established deviations will be communicated as such to the service provider. Are expressly excluded from the guarantee of conformity: the services requested as a result of an unauthorized intervention or modification, as a result of misuse or non-compliant use by the customer, or still, as a result of a deviation created by the intervention of the customer or a third party.
The service provider declares that the result of the services provided, which would be protected by intellectual property rights, constitute original creations. If the service provider would have called upon third parties to provide all or part of these services, he declares to have obtained all necessary rights and consents for the execution of these services.
Consequently, the service provider shall indemnify the customer against any claim, allegation, indication or opposition by any person who invokes an intellectual or industrial property right in respect of all or part of the services provided, or who commits an act of unfair competition.
General. The customer acknowledges and accepts that all obligations to which the vendor/service provider is bound must be expressly stated and that he is not liable, except in the case of fraud or gross negligence. In the event that the client proves the existence of gross negligence or fraud on the part of the vendor/service provider, the damage to which the client is entitled shall be limited to the material damage directly resulting from the fault imputed to the vendor/service provider, to the exclusion of all other damage. In any event, this damage may not exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the vendor/service provider is not liable for any direct or indirect damage caused by the products or services provided, such as, among other things, loss of income, increase in overheads, loss of customers, etc.
The vendor/service provider is not responsible if incorrect data has been passed on by the customer, or if an order is placed by a third party in the name of the customer.
Finally, it is up to the customer to enquire about any restrictions or customs duties imposed by his country on the products ordered. Consequently, the vendor shall not be held liable if the customer is confronted with any restriction or with the payment of additional taxes pursuant to the policy of his country in this matter.
Materials. If the customer imposes on the vendor a certain process or materials of a certain quality, or a predetermined type or origin, despite the reservations made in writing and motivated by the vendor, the vendor shall be relieved of any liability relating to the defects of the product caused by the choice of the aforementioned process or materials.
Internet and new technologies
The customer acknowledges the limitations and risks associated with the use of the Internet or any other means by which the website will be made available at present or in the future. The customer also acknowledges the risks associated with the digital or electronic storage and transmission of data.
The customer accepts, in view of the aforementioned risks, that the vendor/service provider cannot be held liable for damage caused due to the use of the website (as well as by any applications) of the vendor/service provider or by the Internet.
The customer accepts, among other things, that the electronically exchanged communications and the backups made by the vendor/service provider may serve as evidence.
Case of force majeure or coincidence. The vendor/service provider cannot be held contractually or extra-contractually liable in the event of temporary or permanent non-execution of his obligations if this non-execution is due to a case of force majeure or coincidence.
Are considered in particular as cases of force majeure or coincidence : 1) the loss or destruction, in whole or in part, of the vendor/service provider’s computer system or of its database, if one of these events cannot reasonably be attributed directly to the vendor/service provider and if it cannot be demonstrated that the vendor/service provider failed to take all reasonable measures to avoid these events, 2) earthquakes, 3) fire, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether previously announced or not, (8) lock-outs, (9) blockades, (10) riots, (11) suspension of utilities (such as electricity), (12) a defect in the Internet connection or in the databases, (13) a defect in the telecommunication networks, (14) a loss of connection to the Internet connection or to the telecommunication networks on which the vendor/service provider depends, (15) a fact or a decision of a third party which affects the proper performance of the present contract or (16) any other cause which is beyond the reasonable control of the vendor/service provider.
Unexpectedness. If, as a result of circumstances beyond the control of the vendor/service provider, the latter is no longer able to meet its obligations or if the execution of these obligations has become more expensive or difficult, the customer and the vendor/service provider undertake to renegotiate the contractual terms in good faith and in a loyal manner, within a reasonable period of time in order to restore the equilibrium. In the absence of an agreement within a reasonable period of time, each party shall be entitled to invoke the dissolution of the contract and of the contractual relations binding the parties without being liable to pay any compensation of any kind.
Breach of contract. In the event of insolvency of the customer or in the event of unpaid debts, even if these arise from previous agreements between the customer and the vendor/service provider, the vendor/service provider shall be entitled to suspend the performance of its obligations until the date of full payment by the customer of all outstanding debts.
In the event of non-fulfilment of his obligations by the client, the vendor/service provider may immediately terminate the agreement at the expense of the client, without being liable to pay any compensation. This termination of the agreement may, where appropriate, give rise to the payment of damages and interest by the client to the vendor/service provider.
Illegality. Unless expressly provided otherwise, any irregularity or nullity of a clause, paragraph or provision (or of part of a clause, paragraph or provision) shall in no way affect the validity of the other clauses, paragraphs or provisions of the present general terms and conditions, nor the remainder of this clause, paragraph or provision.
Titles/Headings. The title used in these general terms and conditions is for reference and convenience only. They do not in any way affect the meaning or scope of the provisions they designate.
No waiver. The inaction, negligence or delay of a party in the performance of one of its rights or remedies in application of the present general terms and conditions may under no circumstances be considered as a waiver of this right or remedy.
Applicable law and competent courts. These general terms and conditions are subject to Belgian law.
In the event of a dispute concerning the validity, interpretation, performance or delivery of the products/services, the parties agree to initiate a mediation procedure before proceeding to any other means of dispute resolution.
Where appropriate, the Parties shall appoint by mutual agreement an approved mediator from the Federal Mediation Commission (Federale Bemiddelingscommissie, Simon Bolivarlaan 30 (WTC III), 1000 Brussels – httpsss://www.fbc-cfm.be/nl) or have a third party appoint this approved mediator.
Once a mediator has been appointed, the parties agree on the modalities of the mediation together with the mediator.
Either party may terminate the mediation procedure at any time, without prejudice to any other rights.
If the mediation procedure fails, the courts of the next judicial district shall have jurisdiction: Leuven.