General conditions of sale

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

Article 1: Preamble

  1. Use of the website is subject to prior acceptance of the terms and conditions. By visiting this website or using the information contained therein, you automatically accept the terms and conditions.
  1. New Goffin SA reserves the right to modify its terms of sale at any time and without prior notice. In this case, the applicable conditions will be those in effect on the date of the buyer's order.

 

Article 2: Purpose and scope of application

  1. These conditions of sale are concluded between, on the one hand, the company New Goffin SA whose registered office is located at 1080 Brussels, Chaussée de Gand, 391B, registered with the Crossroads Bank for Enterprises under number 0460.269.552, hereinafter referred to as "the seller" and, on the other hand, any natural or legal person wishing to consult the seller's website and make a purchase there, hereinafter referred to as "the buyer".
  1. These terms and conditions are intended to define the contractual relationship between the seller and the buyer, as well as the rights and obligations of the parties in connection with the sale of products via the Newgoffin.be website, available at https://www.newgoffin.be, and the terms and conditions applicable to any purchase made through this site, whether the buyer is a professional or a consumer. They exclusively govern the sales of products offered on the site, and the online sale of products presented on the seller's site is reserved for buyers residing in Belgium and for deliveries required in this geographical area.
  1. The parties agree that these conditions of sale shall prevail over any other general or specific conditions not expressly agreed to in writing by the seller.

 

Article 3: Characteristics of the goods offered

  1. The products listed on the site provide an overview of the current range. Product availability is constantly changing, and simply displaying a product on the site does not constitute a commitment. These products are offered while stocks last. If, despite its efforts, all or part of the items are unavailable, the seller will inform the buyer by email as soon as possible and offer the buyer the option of waiting or canceling the order for the unavailable items free of charge.
  1. The photographs in the catalog are as accurate as possible but cannot guarantee perfect similarity with the product offered, particularly with regard to colors. The information provided must always be checked.
  1. Offers are valid strictly for the periods mentioned therein and provided that they are accepted without reservation or condition.

 

Article 4: Orders

  1. The buyer who wishes to purchase a product must have full legal capacity. To place an order, the buyer must:
    • complete the identification form on which he will indicate all the requested contact details or give his customer number if he has one;
    • complete the online order form, providing all the references of the products or services chosen and confirming it or placing the order by telephone, by which means the information necessary for the transaction must be communicated;
    • make the payment under the conditions provided;
    • confirm your order and payment.
  1. Unless otherwise agreed, acceptance of any order for items with a total value exceeding €2,479.00 will only be valid subject to the suspensive condition of receipt of payment of a deposit of at least 20%.
  1. Confirmation of the order entails express acceptance, without reservation, by the buyer:
    • of all of these conditions of sale, without this acceptance being conditional on a handwritten signature from the customer, the recognition of having full knowledge of them, the waiver of its own or other conditions of purchase;
    • payment of the full amount due.

In accordance with the legal provisions relating to electronic signatures in force in Belgium, the seller may consider the order as constituting an electronic signature having the value of a handwritten signature with the contractual consequences that this implies.

 

  1. All data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be deemed to be a signature and acceptance of the operations carried out.
  1. The seller reserves the right to refuse or cancel any order or delivery even if these have been accepted by the customer, or, prior to delivery, to require a sum as a deposit reserved exclusively for its benefit and covering the price of the delivery in the event of insolvency, imminent insolvency or rumors concerning the solvency of the customer or, in the event of an existing dispute with the customer, total or partial non-payment of a previous order or refusal of payment authorization by banking organizations. In this case, the seller's liability could not be incurred.
  1. The customer may cancel their order as long as it has not been delivered. The order will then be immediately canceled, as will the payment request if it has not yet been made. If the payment has already been received by the seller, the customer will be refunded the full purchase price. After delivery, the customer will no longer be able to cancel the order (subject to the right of withdrawal, Article 9).

 

Article 5: Shipping and delivery

  1. The ordered goods are generally shipped to the address indicated by the customer within a few days following validation and payment of the order, which is likely to reach the address indicated on working days between 8:00 a.m. and 6:00 p.m. They are shipped via La Poste with a tracking number and delivered without signature. The dimensions of the boxes are appropriate and the items are properly protected. The package will be delivered to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left in the mailbox with the procedures to follow. The customer must collect his package or contact the delivery person to agree on a new method of receiving the package. If the customer does not organize a new delivery within two (2) weeks from the first presentation of the order, or if he is absent during this new delivery, the order will be automatically returned to the seller, generating possible additional delivery costs to be borne by the customer.
  1. Delivery dates are communicated to the buyer for information purposes. If the company is unable to ensure delivery on the set date for reasons beyond its control, the buyer will be notified of the new delivery date. Under no circumstances may delays in the delivery of supplies lead to the cancellation or termination of the contract, the debiting of damages or a reduction in price.
  1. The buyer is responsible for shipping and handling costs . Shipping costs include preparation and packaging costs as well as postage. Shipping costs vary depending on the total order price. The package is shipped at the buyer's own risk, but special care is taken with fragile items.
  1. Each delivery is considered to have been made upon receipt of the product by the customer, automatically transferring the risks to the latter. Proof of receipt will be provided by the delivery person.
  1. Upon receipt of the package, the customer must check the quality of the purchase and, if necessary, exercise their right of withdrawal or legal guarantees or make complaints in accordance with articles 9 and 10 of these general conditions.

 

Article 6: Rates

  1. The prices indicated on the site are given for information purposes only; the prices applicable to the order are those in effect at the time of validation of the order. The seller reserves the right to modify its prices at any time; the prices indicated being valid on the day the site is consulted.
  1. The prices displayed on the site are indicated in Euro, including VAT but do not include delivery costs payable by the customer.

  2. When ordering, the customer agrees to pay, in addition to the purchase price of the products ordered, the delivery costs. If these are modified after the purchase, the costs will be invoiced based on the rates in effect at the time the order was validated. They will not be refunded if the customer returns their order in accordance with their right of withdrawal or legal guarantees.

 

Article 7: Payment terms

  1. Payment for purchases can be made in several ways:
    • By bank transfer
    • By online transfer via the Stripe system (Bancontact, Mistercard, Visa)
  1. The validity of the payment will be confirmed or not after verification with the issuing banking organization.
  1. The items ordered remain the exclusive property of the seller until full payment of the price of the goods as well as any compensation, interest and costs.

 

Article 8: Delay or failure to pay

  1. In the event of non-payment of an invoice within ten days of the due date, automatically and without formal notice:
    • Any amount due will be increased by a fixed compensation of 15% on the principal sum including VAT with a minimum of €37, without prejudice to costs resulting from any legal proceedings.
    • Late payment interest of 12% per year will be due, from the due date of each invoice, on the principal amount including VAT, including the aforementioned compensation.
    • The seller reserves the right to suspend the execution of its obligations or to terminate the current contract.
  1. The issue of milk does not operate as novation.

 

Article 9: Right of withdrawal

  1. In accordance with the law, the consumer has the right to notify the seller that he is canceling his purchase, without penalty and without giving any reason, within fourteen (14) working days from the day after the day of delivery of the product or the conclusion of the contract.
  1. This right of withdrawal does not belong to the professional buyer.
  1. Unless otherwise agreed, the consumer may not exercise the right of withdrawal for the supply of products made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are liable to deteriorate or expire quickly, i.e., in this case, ready-mixed paint, paint mixed to order, varnishes/glazes/parquet, laminate, ready-mixed coatings as well as various accessories. Pots of colors mixed to order cannot be returned because it is extremely difficult for the seller to find another customer who might want exactly the same color as the one prepared to measure. These pots are distinguished by the affixing of an additional white sticker bearing the words "New Goffin" which contains the information relating to the color and is affixed after mixing. Standard colors (white and "ready mix" colors, i.e. colors prepared in the factory) can be returned by the customer provided that the pots have not been opened.
  1. The customer has a period of ten (10) calendar days from the date of his intention to cancel his purchase to the seller, to return, at his own expense and risk, the product(s) delivered to the seller's headquarters. Failure to respect this deadline will result in the customer losing his right of withdrawal and his order will be considered final.
  1. The return to the seller will be made to the address of the seller's registered office, namely: New Goffin SA – Chaussée de Gand 391B, 1080 Brussels
  1. The products must be returned in their original packaging, undamaged, intact, complete (accompanied by all their accessories, the user manual as well as the original invoice/delivery note). The products thus returned must not have been unpacked, unsealed, used in any way and must be resalable. Goods that are incomplete, damaged, damaged or soiled by the customer will not be accepted. If the returned items are not accepted due to the above conditions, the customer must take them back and will not be reimbursed.
  1. After having notified the seller in writing or possibly by email at hm(at)newgoffin.com , the customer can choose the delivery method of their choice, it being understood that the costs and risks associated with returning the package are their responsibility and that they must keep proof of shipment.
  1. In the event that the customer exercises his right of withdrawal, the seller undertakes, after checking the returned items ( see article 9.3), to reimburse the purchase price to the customer no later than thirty (30) calendar days from the date of receipt of the return package by the seller, with the exception of delivery costs. The reimbursement will be made by bank transfer to the bank account number indicated by the customer to the seller. The seller declines all responsibility in the event of an invalid reimbursement linked to incorrect communication of the bank account number by the customer.

 

Article 10: Warranty, claims and cancellations

  1. Provided that the customer has the status of consumer and that the product concerned is a consumer good, the seller guarantees the products it sells in accordance with the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code). The consumer customer thus benefits from a legal guarantee of conformity on the products delivered for a period of two (2) years from delivery. The customer may in particular refuse the package if it appears to have been opened or shows obvious signs of deterioration due to improper handling during delivery.
  1. Any defect noted within six (6) months from the date of delivery will be presumed to have existed from the outset. After this period of six (6) months, the seller may contest, if circumstances justify it, the fact that the lack of conformity already existed when the product was delivered.
  1. This warranty will not apply in the event of defects or damage due to misuse or use not in accordance with the instructions for use, such as water damage, oxidation, falling or impact, negligence and wear.
  1. If the conditions of the guarantee are met ( see article 10.3), the customer may demand the replacement of the item concerned, at no additional cost and within a reasonable time and within the limits of the availability of the item concerned, or the reimbursement of the purchase price.
  1. Any claim for delivery of goods not in accordance with the order, missing, damaged or late, must be made by registered letter delivered in writing to the seller's administrative headquarters within three (3) working days following delivery of the package. Any missing or damaged items must also have been the subject of reservations on the delivery note and/or the transport document.
  1. Unlike the right of withdrawal, the seller will reimburse the customer for the cost of returning the item for which the customer has claimed the legal guarantee, provided that it is carried out by the delivery person chosen by the seller and that it can be exchanged or refunded ( see article 10.1). In the event of an exchange, delivery will also be the responsibility of the seller.
  1. The invoice or delivery note serves as a warranty document and must be kept by the consumer and produced in the original. If the product is used for non-private purposes, the manufacturer's/supplier's limited warranty conditions apply.

 

Article 11: Liability

  1. The seller, in the online sales process, is only bound by an obligation of means; his liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
  1. The information on this website has been compiled in good faith to provide information about New Goffin SA. However, should this information prove to be incomplete or contain errors, New Goffin SA cannot be held responsible for this in any way. Nor can New Goffin SA be held responsible for any damages of any nature that result from or are related to the use of or access to the website or that result from or are related to the material, information, opinions or recommendations contained on this website.
  1. New Goffin SA may, at any time and without prior notice, make the necessary modifications and/or adaptations to the information and materials presented on this website.

 

Article 12: Intellectual property

  1. The material presented on this website, including, without limitation, all editorial material, photographs, illustrations and other graphic material, and names, logos, trademarks and service marks are the exclusive material and intellectual property of New Goffin SA or third parties who have limitedly authorized New Goffin SA to use them worldwide. They may be protected by copyright, trademark law or other laws relating to intellectual property.
  1. You may not copy, send, distribute, broadcast, sell, publish, broadcast, circulate, arrange or modify the material on this website, in whole or in part. If you wish to reproduce it or communicate it to the public, you must have the express written permission of New Goffin SA, unless this is not required under the relevant legal provisions.
  1. Any simple or hypertext link is strictly prohibited without the express prior written consent of the seller.
  1. Certain company names, signs, logos or designs that may appear on our website may be protected by intellectual or industrial property rights. It is therefore not permitted to use them freely. Automatic acceptance of these general conditions cannot, under any circumstances, be interpreted as meaning or be assimilated to obtaining a license or other right of use with regard to this information, data, products or services protected by intellectual or industrial property rights.
  1. Violation of these mandatory provisions subjects the offender, and all persons responsible, to the criminal and civil penalties provided for by law.

 

Article 13: Personal data

  1. All personal data necessary for processing an order are kept by the seller or its employees and may be transmitted to companies with which the seller – or its suppliers – collaborate(s), when such communication is necessary for processing the order.
  1. The user also authorizes the seller to use this data to compile statistics in order to improve its site, the goods and the service it offers.
  1. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers.
  1. The seller finally keeps personal data to facilitate subsequent orders.
  1. The seller further undertakes to comply with the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, as amended by the law of 11 December 1998, and not to disclose the information in its possession to another company or business and, in general, to refrain from any act likely to infringe on the privacy or reputation of individuals (capture, distortion, etc.). In accordance with this same Belgian law of 8 December 1992, as amended by the law of 11 December 1998, users are informed that they have the right to access, rectify and delete personal information concerning them and the right to object. These rights can be exercised upon simple request to New Goffin SA: by mail to the address Chaussée de Gand, 391B, 1080 Brussels, or by email to the address hm(at)newgoffin.com or by telephone on 010/24.25.52.

 

Article 14: Proof

The parties agree, in the context of their relations, electronic means of proof (for example: email, computer backups, etc.).

 

Article 15: Applicable legislation and competent court

  1. These general terms and conditions of online sale are governed by Belgian law, regardless of the relationship between the performance of the obligations or the conclusion of the contract. In the event of a dispute, the courts of the judicial district of Brussels will have sole jurisdiction if an amicable solution has not previously been found.
  1. Communications between the parties that are retained by the seller will be considered as evidence that may be taken into account in court.
  1. These general terms and conditions form a contractual whole between the parties. New Goffin SA strives to update them in accordance with any Belgian legal changes that may have an impact on them. However, certain articles may be held invalid pursuant to a law, regulation, or following a final legal decision. However, the other provisions will retain their full force and effect.

 

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