Delivery and Sales
Delivery and sale of the private company
MOPPES DIAMONDLAND SPRL
Chamber of commerce number(kbo): BE 0552.710.750
Address: RUE DU PEUPLIER 19 1000 BRUXELLES
RPR LOCATION: Bruxelles
In these conditions shall apply:
The period during which the buyer can use its repeal law referred to in Article 4.
The natural person not acting in the exercise of profession or business and entering into a distance contract with Moppes Diamondland SPRL.
Any means that the consumer or Moppes Diamondland SPRL enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Right of withdrawal
The possibility for the buyer to see within the waiting period of the distance contract.
An agreement in the context of a Moppes Diamondland SPRL organized system for distance selling of products through the conclusion of the agreement using the webstore Moppes Diamondland SPRL, or an agreement that is entered into through email traffic which may include use be made of the “contact me” button Moppes Diamondland SPRL and agreements concluded on the basis of telephone contact between Moppes Diamondland SPRL and consumers.
Article 1: Applicability
1.1 All agreements with Moppes Diamondland SPRL, hereinafter also the seller be closed, only the present general conditions apply.
1.2 Before the contract is concluded, the text of these general conditions made available to the buyer at a distance.
1.3 This set is done available as the text of these terms and conditions by mail, or made available electronically to the consumer and the latter in such a way that it can be stored by the consumer in a simple way on a durable medium .
If this is not reasonably possible, before the contract is concluded at a distance, indicated where the general conditions of Moppes Diamondland SPRL electronic form can be taken and that they will be sent free of charge at the request of the consumer electronically or otherwise .
1.4 The applicability of any delivery or payment conditions or other terms and conditions of the buyer Moppes Diamondland SPRL is explicitly rejected.
1.5 These conditions also apply to agreements with the purchaser for the execution of which is invoked by Moppes Diamondland SPRL third parties.
1.6 Deviations and / or additions to any provision of these terms refer exclusively to the agreement and have no general effect.
They are only valid if and insofar as they have been agreed in writing.
1.7 If one or more of the provisions of these Delivery and sale was wholly or partially void (s) have been destroyed or if (s), the remaining provisions shall remain fully applicable.
Article 2: Offer respectively. tenders
2.1 Offers respectively. quotations of the seller are non-binding unless a deadline for acceptance is included in the quotation.
2.2 The tender respectively.Moppes Diamondland SPRL 3.5 will provide the following information in the product to the buyer
The offer includes a complete and accurate description of the product offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer.
2.3 The seller is not bound to provide at the tendered price if this price is based on a typing or writing error or if this price is based on a manifest error.
The buyer can not derive any rights if the price for the same item using another sales channel Moppes Diamondland SPRL, or is affiliated with a company to Moppes Diamondland SPRL lower than him offered and / or price charged.
2.4 Pictures, drawings, specifications of sizes and further descriptions of the goods sold are as accurate as possible, but not strictly binding.
Small deviations are permissible without the buyer there may derive rights.
Article 3: Agreement
3.1 The contract is subject to the provisions of paragraph 4 of this Article is concluded at the time of acceptance by the purchaser of the offer and meet the conditions specified in the offer.
Telephone orders given first result than in a contract if confirmed in writing by the seller.
3.2 If the buyer has accepted the offer electronically confirms Moppes Diamondland SPRL immediately electronically the receipt of the acceptance of the offer.
3.3 If the agreement is created electronically and buyer pays electronically will Moppes Diamondland SPRL with appropriate security measures.
3.4 Moppes Diamondland SPRL can imagine informed respectively.
can provide further information to ask the buyer with regard to the question whether it can meet its payment obligations, and all facts and circumstances that are important for Moppes Diamondland SPRL to whether they want to close the distance contract. If Moppes Diamondland SPRL has under this investigation was justified to refuse or to attach to the implementation of an agreement concluded special conditions the agreement with the buyer fails to meet Moppes Diamondland SPRL entitled an order or request.
Moppes Diamondland SPRL 3.5 will provide the following information in the product to the buyer
a. the address of Moppes Diamondland SPRL where the buyer can address any complaints
b. the conditions under which and the manner in which the buyer of the right of withdrawal may use
c. information about guarantees and after sales service
3.6 If the prices of materials, raw materials or semi-finished products, freight, taxes, exchange rates and / or other cost factors of the vendor in the period between the conclusion of the agreement and the date of delivery have increased, the seller shall be entitled to the cost increase matching bring higher selling costs.
3.7 During the execution of the contract, the seller has the right, at the expense of the purchaser, to require certainty about its creditworthiness.
3.8 The goods sold by seller are for “personal use” by the buyer.
Under its own use includes private use of family members, relatives and / or friends of the buyer. The purchaser undertakes the Moppes Diamondland SPRL purchased items without prior written consent of Moppes Diamondland SPRL by selling or otherwise make available to other traders and / or retailers, on penalty of an immediately payable penalty of € 25.000, – for each offense, without prejudice to the right of Moppes Diamondland SPRL full compensation.
Article 4: Right of withdrawal
4.1 When purchasing products, the buyer has the option to terminate the contract without giving any reason within seven working days, unless there is a personal product.
This period of seven working days shall commence on the day following receipt of the product by the consumer, or at least his representative.
For special requirements of the buyer in respect of the purchased, making that purchase by the wishes of the buyer as a personal product is to be considered, the buyer does not have the ability to terminate the contract.
Moppes Diamondland SPRL will let the buyer before purchasing a product personally know that it is a personal product.
4.2 During the aforementioned waiting period of seven working days the buyer will handle the product and packaging.
He will be the product only to unpack or use as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will the product with all accessories and in original condition and packaging to Moppes Diamondland SPRL, in accordance with the instructions provided by Moppes Diamondland SPRL.
Article 5: Costs in case of withdrawal
5.1 If the buyer exercises his right of withdrawal, the cost of returning the product for his account.
Article 6: Delivery
6.1 Delivery will be made by sending to the buyer by Moppes Diamondland SPRL respectively.
by delivery to the purchaser or his representative.
6.2 The place of delivery is the address that the buyer has made known to Moppes Diamondland SPRL.
6.3 Moppes Diamondland SPRL will perform its accepted orders expeditiously within 30 days unless a longer delivery has been agreed.
If delivery is delayed, or if an order is not or only partly be the purchaser receives them no later than 30 days after the order has done message. The buyer in this case has the right to terminate the contract without penalty.
6.4 By Moppes Diamondland SPRL said delivery periods may never be regarded as deadlines.
If delay in delivery remains within reasonable limits, or not to Moppes Diamondland SPRL this is due to the buyer will be no reason to require compensation.
6.5 If the seller would nevertheless be liable for exceeding a limit its maximum liability is limited to the amount of profit Moppes Diamondland SPRL in the context of the relevant sales.
Moppes Diamondland SPRL is not liable for lost profits, losses, expenses, intangible damage, including emotional harm or loss resulting from the buyer.
6.6 If delivery of a product ordered by the buyer proves to be impossible Moppes Diamondland SPRL will endeavor to provide a replacement product.
By the delivery will be notified that a replacement item is delivered in a clear and comprehensible manner. Even when replacement items obviously applies the right of withdrawal unless it is a personal product within the meaning of Article 4.1.
6.7 The risk of damage and / or loss of products purchased rests with Moppes Diamondland SPRL until the time of delivery to the purchaser or his representative.
From the time of delivery, the risk of damage and / or loss for the buyer.
Article 7: Payment
7.1 The basic principle is that all are paid by Moppes Diamondland SPRL goods sold prior to its delivery by the buy, unless otherwise expressly agreed between the parties.
7.2 Invoices for goods delivered by Moppes Diamondland SPRL will be sent to the billing address specified by the purchaser.
7.3 All prices quoted by Moppes Diamondland SPRL are inclusive of VAT and any costs of insurance against damage, loss and / or theft to the time of delivery of the product to the purchaser or his representative, unless otherwise agreed in advance.
7. 7.4 The seller is regarding matters that may hold any of the purchaser is entitled, until its total claim against the buyer is satisfied, to use its right of retention.
Article 8: Complaints / complaints
8.1 An appeal by the purchaser stating that the goods do not conform to the agreement, can not be invoked against Moppes Diamondland SPRL after the expiry of the seven working day period referred to in Article 4.1. Exceeding this term null and advertising.
Complaints on used goods are accepted under any circumstances.
8.2 The advertisement must state the date and number of the invoice.
Furthermore, the buyer has no right to complain if he can not produce a valid, completed warranty certificate with respect to the purchased item.
The warranty obligation Moppes Diamondland SPRL against the purchaser will in no event beyond the warranty that the supplier of the thing sold by Moppes Diamondland SPRL compared Moppes Diamondland SPRL.
8.3 An appeal of the buyer clearly visible defects or damage to the goods supplied can not against the seller be asserted if the buyer deficiencies and / or damages not on the delivery or transport document is registered or not the agent thereof process -verbaal has drawn up.
8.4 Proof that the goods do not conform to the agreement must be provided by the buyer.
8.5 If the buyer to the seller makes known complaints about the delivered goods, the buyer, the seller to expeditiously the opportunity to inspect and investigate.
The seller will conduct any further investigation on the least burdensome method which must give the buyer the seller the opportunity, if necessary by handing over the goods. All reasonable and actual costs of the necessary research will be borne by the buyer, in case the complaints prove to be unfounded.
8.6 Minor deviations in the goods, both size, color, shape and packaging concerns, no cause can be for the buyer to cancel the order after the expiry of the period specified in Article 4.1 of seven working days and / or the goods delivered not accept or seller to claim damages.
The same applies in respect of modifications by the supplier / manufacturer of whom the seller obtains his business, provided that the changes do not materially affect the business
8.7 also timely filed claims will not be processed if it appears that third parties have changed something in the goods supplied by the seller or repaired.
8.8 In case of complaints that are not responded in a satisfactory way,you have the possibility to refer to the web site Belmed: http://economie.fgov.be/en/disputes/consumer_disputes/Belmed
Article 9: Force Majeure
9. 9.1 Force majeure is defined as any situation in which the seller of its obligations or any part thereof can not meet due to circumstances beyond the control of the seller and what circumstances not under the law or by the vendor warranty on the seller can be attributed.
9.2 If after the conclusion of an agreement that the execution result of force majeure for the seller is difficult or impossible, the seller is entitled to orders, provided they still require implementation, to terminate at the option of the seller or its execution to suspend, in which case the buyer in the circumstances of the case, as soon as possible message.
9. 9.3 In particular, among other things as force majeure, as far as one and the other is not already included in the provisions of paragraph 1, war, threat of war, riots, disease, natural disasters, acts connected with import quotas, decisions related to the supply of necessary spare parts, components, materials and / or semi-finished products, transport problems, congestion including, strikes or labor unrest, loss of services by utilities, fire and other serious disruptions in the business of Moppes Diamondland SPRL or in that of the suppliers of Moppes Diamondland SPRL. Force majeure is also expressly impossible for Moppes Diamondland SPRL to deliver as a result of the failure of a supplier of Moppes Diamondland SPRL.
9.4 In case of force majeure Moppes Diamondland SPRL’s option the right – even in the event of a notice of default by the buyer – to extend the delivery period by the duration of the force majeure or, if not yet performed, dissolve without Moppes Diamondland SPRL in any form will also be liable for any damages except under the provisions of Article 78 of Book 6 of the Civil Code.
Article 10: Liability
10.1 The liability of the seller will be lifted in the event of force majeure on its side, in which case the seller due to permanent or temporary impossibility of fulfilling the right to terminate the contract in whole or in part.
10.2 Moppes Diamondland SPRL is never liable for damage caused by wear and / or wear of the goods sold, nor responsible for the loss of stones from jewelry and / or watches.
That risk is for the buyer.
Furthermore, also in contracts by the buyer for putting stones and / or orders by the purchaser for engraving jobs every risk including the risk of damage to the buyer.
10.3 The liability of the seller in case of liability under this Article 10 shall at all times be limited to an amount equal to 100% of the invoice amount.
The seller is not liable for lost profits, losses, expenses, intangible damage, including emotional harm or loss resulting from the buyer.
10.4 For any damages resulting from defects in the software of Gasan including the presence of a virus in it, Moppes Diamondland SPRL is not liable, unless any damage is caused by intent and / or gross negligence of the Seller or any of its subordinates.
Article 11: Disputes
11.1 All agreements with Moppes Diamondland SPRL is Belgium law.
The applicability of the CISG is excluded.
11.2 Any dispute arising between Moppes Diamondland SPRL and the buyer shall be exclusively submitted to the competent court at the court in Antwerp.