Terms of Sale—
Effective date: 2020-11-06
Modified date: 2022-06-30
Article 1 - Purpose
These general conditions of sale or provision of services apply, without restriction or reservation, to all products and/or services offered for sale by Elicla represented by COSTER Quentin (hereinafter referred to as the "Provider").
The fact for a natural person or legal entity (hereinafter referred to as the "Customer") to accept the Provider's contract/quote implies full and complete acceptance of these terms and conditions of sale.
They are accessible at any time on the website https://www.elicla.be and will prevail, where appropriate, over any other version and the Customer's own general terms and conditions of purchase or other terms and conditions.
Article 2 - Prices, terms, and conditions of payment
The validity period of our offers is 8 days.
The current prices are expressed, excluding VAT. Consequently, they will be increased by the VAT rate applicable on the day of the order.
The prices indicated are in Euros.
Invoices are payable in cash or at any other due date they mention, to the credit of The Provider's account (IBAN: BE13 0635 4167 7539, BIC: GKCCBEBB).
The term of payment is 30 days from the date of issue of the invoice.
For orders greater than or equal to 500 Euros, a deposit invoice (30% of the sales price) is sent. The Provider's work will only begin once this invoice has been paid by bank transfer.
Once all products and services (as detailed in the contract/quote) have been completed, a final invoice will be sent inviting the Customer to pay the remaining balance. If necessary, The Provider reserves the right to invoice the remaining 70% in installments.
The price offer is made based on the information provided by the Customer. In the event of any changes to the desired service, The Provider is entitled to charge an additional fee. Also, any major changes in the products/services will be invoiced at the hourly rate. A major change means any severe technical constraint deemed necessary and engaged by The Provider to adapt the original
Article 3 - Late payment
The term of payment is 30 days from the date of issue of the invoice. In case of delay, the legal interest rate in effect will be applied. This penalty is calculated on the amount inclusive of tax of the amount remaining due and runs from the due date of the price without any prior formal notice being necessary.
Article 4 - Cancellation clause
If, within fifteen days following the implementation of Article 3: " Late Payment", the Customer has not paid the outstanding amounts, the sale will be resolved by right and may give rise to an award of damages to The Provider's benefit.
Article 5 - Claims
Any claim and/or dispute by the Customer against The Provider must be made exclusively by e-mail to firstname.lastname@example.org, no later than 48 hours after delivery of the products/services, under penalty of forfeiture.
Article 6 - Withdrawal period
Services and products are delivered as quickly as possible. The parties agree on reasonable delivery times in the contract/quotation, and the signature of the latter shall not give rise to the exercise of any right of withdrawal on the part of the Customer.
Article 7 - Cancellation of the order
Except for the right of withdrawal referred to in Article 6 or a case of force majeure (Article 12), any cancellation of the order made by the Customer may not result in the reimbursement of sums already paid or any compensation whatsoever.
Article 8 - Execution of the services
The Provider undertakes to make every effort to offer its Customers a high-quality service. The Provider is entitled to have the services ordered performed by any employee or subcontractor of its choice under its responsibility under common law. The Provider reserves the right to refuse to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.
Article 9 - Delivery
The delivery of products and services is carried out:
- either by the direct handing-over of the goods to the Customer;
- or by sending emails to the Customer with the products/services attached;
- or by sending a notice of availability in the store to the attention of the buyer;
- or at the place indicated by the buyer on the order form.
The reasonable delivery time at the time of signing the contract/quotation is only given as an indication and is not guaranteed in any way. Consequently, any reasonable delay in the delivery of the products will not give rise to the Customer to:
- the allocation of damages;
- cancellation of the order.
The risk of transport is borne in full by the Customer. In the event of missing or damaged goods during transport, the Customer must make all necessary reservations on the order form upon receipt of said goods. Moreover, these reservations must be confirmed in writing within five days of delivery by email at email@example.com.
Article 10 - Intellectual and industrial property
The Provider retains ownership of the goods and services sold until full payment of the price, in principal and accessories.
Article 11 - Privacy
The Provider undertakes to process personal data under the law of 8 December 1992 on the protection of privacy concerning the processing of personal data, as amended by the law of 11 December 1998. The Customer is invited to consult The Provider's privacy charter for further information. He will find it on the website https://www.elicla.be
Article 12 - Disability - Force majeure
If a provision of these terms and conditions should be declared inapplicable for any reason, this inapplicability will not affect the application of the other provisions of the terms and conditions. The provision deemed inapplicable will then be replaced by the closest possible provision.
Neither the Provider nor the Customer shall be held liable for any non-performance due to force majeure beyond their control, including, but not limited to, war, riot, insurrection, interruption of transport, import or export problems, strikes, lock downs, shortages, fire, earthquake, storm, floods, illness, accidents.
Article 13 - Applicable Law and Competent Court
The present general conditions are exclusively governed by Belgian law. In case of dispute, only the Courts of the judicial district of Leuven will be competent.