Terms
and conditions
Terms
and conditions
Definitions and scope of application
The present terms and conditions form the contract binding the seller/service provider, on the one hand, and the customer, on the other. The seller/service provider and the customer are hereinafter jointly referred to as “the parties”.
The “customer” is any natural or legal person who orders product(s) and/or service(s) from the seller/service provider.
The “consumer” is the customer, natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
The present terms and conditions are the only ones applicable. In any case, they exclude the general or particular conditions of the customer that the seller/service provider would not have expressly accepted in writing.
The terms and conditions are freely accessible at any time on the website of the seller/service provider: www.monsieurfleur.be”, so that by placing an order with him, the customer declares that he has taken good note of these terms and conditions and confirms his acceptance of the rights and obligations relating thereto.
The seller/service provider reserves himself the right to modify these terms and conditions at any time and without prior notice, provided that these modifications appear on his website. These changes will apply to all previous product(s) and/or service order(s).
Offer and order
After receiving the confirmation of the payment for the order from the bank, the seller/service provider sends to the customer a summary of his/her order, including the order number, the product(s) and/or service(s) ordered and their price, these terms and conditions or a link to them, as well as an indication of the likely execution time for completion of the order.
The seller/service provider reserves himself the right to suspend, cancel or refuse the order of a customer, in particular in the case where the data communicated by the customer prove to be manifestly erroneous or incomplete or when there is a dispute relating to the payment of a previous order.
Price
The price of the product(s) and/or service(s) is indicated in euros, all taxes included.
Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of delivery will automatically be charged to the customer.
Any delivery costs are not included in the indicated price, but are calculated separately during the ordering process, depending on the mode, on the place of delivery* and on the number of products ordered.
*free delivery in Brussels for all orders placed through the e-shop.
Deadlines
The customer shall not be entitled to invoke delivery and/or performance deadlines as grounds for cancellating the contract, claiming damages or asserting any other claim, unless otherwise agreed in writing and expressly accepted by the seller/service provider.
Right of withdrawal
In accordance with Article VI.53 of the Code of Economic Law, the consumer who orders distance products and / or services from the seller does not have a period of 14 calendar days to withdraw from the contract. This is because the seller is providing goods that are likely to spoil or age quickly.
Reservation of ownership
The right of ownership of the products is only transferred to the customer after the withdrawal or delivery of the articles and after the full payment of the order. Notwithstanding article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller/service provider until the full payment of the invoice. As long as the payment of the purchase price has not been made, the customer is forbidden to pledge the articles, to offer them, or to use them as a guarantee in any way whatsoever. It is expressly forbidden for the customer to make modifications to these articles, to turn them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
As long as the seller/service provider has ownership rights to the goods delivered in accordance with the provisions of this article, the customer shall remain responsible for maintaining these products in good condition. During this period, only the customer can be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risk. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can be recognized as the property of the seller/service provider at any time.
Cancellation of the order
The customer who doesn’t qualify for the right of withdrawal described in the preceding article of these terms and conditions and who wishes to cancel his order shall inform the seller/service provider who will inform him about the steps to be followed.
Delivery and/or execution of the order
The order is ony delivered to the customer after its complete payment. The transfer of ownership and risk shall occur when the order is fully paid. The customer is therefore advised that he/she alone bears the risks associated with delivery.
Availability
In the event of unavailability of one or more product(s) after payment of the order, the seller/service provider undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his/her order or a deferred delivery at the end of the stock shortage of the product(s) concerned.
Receipt of the order and complaint
Any complaint must be made in writing, within 1 day after delivery of the order or notification of its availability at the collection point provided. Otherwise, they cannot 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 one day of the occurrence of the event giving rise to the complaint. Otherwise, they cannot be taken into account.
If a complaint proves to be justified, the seller/service provider/provider will have the choice between replacing or refunding the price of the product(s) concerned.
Intellectual property
Unless expressly agreed otherwise in advance, the client is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the seller/service provider’s website or catalogue.
Unless expressly agreed otherwise, the agreed price therefore does not include any transfer of intellectual and/or industrial property rights on any grounds whatsoever.
Applicable law and competent jurisdiction
Legal guarantee for all customers
In the event that a hidden defect is found, the customer must act promptly, in accordance with Article 1648 of the Civil Code, and may choose between returning the product affected by a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
The seller/service provider is not obliged to guarantee the products against visible defects, of which the customer could or should have been aware at the time of purchase. Likewise, the seller/service provider is only obliged to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he failed to inform the customer.
Only the invoice, the sales receipt or the purchase order are valid as guarantee certificates for the customer vis-à-vis the seller/service provider. These documents must be kept by the customer and presented in their original version.
Complementary legal guarantee for customers with consumer status
This guarantee includes the repair or replacement of the defective product, free of charges the consumer.
If, however, such repair or replacement proves impossible, disproportionate for the seller/service provider or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller/service provider and the customer may only agree to a refund if the customer returns the defective products.
In the event that specific spare parts or accessories required to repair the product are no longer available from the manufacturer, the seller/service provider shall not be held responsible for the loss of the product’s usability.
The consumer is obliged to inform the seller/service provider of the existence of the lack of conformity, in writing, within a maximum period of two months from the day on which he noted the defect, on penalty of forfeiture of his right to complaint.
Only the invoice, the sales receipt or the purchase order shall be valid as guarantee certificates for the consumer vis-à-vis the seller/service provider. These documents must be kept by the consumer and presented in their original version. The guarantee period starts on the date mentioned on these documents.
This guarantee does not apply in the event that the failure results from misuse, external causes, poor maintenance, normal wear phenomena or any use that does not comply with the manufacturer’s or seller/service provider’s instructions.
In the event of damage, theft or loss of a product delivered for repair, the seller/service provider’s liability shall in any event be limited to the selling price of the product. In no event shall the seller/service provider be liable for loss or reproduction of data stored in or by electronic devices provided for repair.
Intellectual property
These terms and conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or breach of these general terms and conditions, the parties undertake to have recourse to mediation before any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties shall define between themselves, with the help of the mediator, the modalities of organisation of the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If the mediation fails, only the courts of the judicial district of Brussels shall have jurisdiction.
Miscellaneous provisions
Force majeure or fortuitous events
The seller/service provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations where such non-performance results from force majeure or fortuitous circumstances.
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 seller/service providers computer system or database when any of these events cannot reasonably be attributed directly to the seller/service provider and it is not demonstrated that the seller/service provider failed to take reasonable measures to prevent any of these events,
2) earthquakes,
3) fires,
4) floods,
5) epidemics,
6) acts of war or terrorism,
7) declared or undeclared strikes,
8) lockouts,
9) blockades,
10) insurrections and riots,
11) a shutdown of energy supply (such as electricity),
12) a failure of the internet or data storage system,
13) a failure of the telecommunications network,
14) a loss of connectivity to the internet or telecommunications network on which the seller/service provider depends,
15) a fact or decision of a third party where such decision affects the proper performance of this contract or
16) any other cause beyond the reasonable control of the seller/service provider.
Unforeseeability
If, due to circumstances beyond the seller/service provider’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller/service provider and the customer undertake to negotiate in good faith an adaptation of the contractual conditions within a reasonable period of time in order to restore their 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 insolvency of the customer or in the event of unpaid debts, even within the framework of previous contracts between the customer and the seller/service provider, the latter shall be entitled to suspend the execution of its obligations until the full repayment by the customer of any unpaid debt due 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 to the exclusive prejudice of the customer without delay or compensation and, where applicable, may claim payment of damages and interest from him by any legal means.
Severability
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 terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is evident in the text.
Titles
The titles used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.
No waiver
Inaction, negligence or delay by a party in exercising any right or remedy under these terms and conditions shall not be construed as a waiver of such right or remedy.
Internet and new technologies
The customer accepts that the seller/service provider cannot be held liable for any damage caused by the use of the website (as well as any applications) of the seller/service provider or the internet, following the aforementioned risks.
The customer further accepts that electronic communications exchanged and backups made by the seller/service provider may serve as proof.
Liability
General information
The customer acknowledges and accepts that all obligations to which the seller/service provider is liable are exclusively of means and that he is only liable for his fraud and gross negligence.
In the event that the customer demonstrates the existence of gross negligence or fraud on the part of the seller/service provider, the loss for which the customer may claim compensation shall only include the material damage resulting directly from the fault attributed to the seller/service provider, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller/service provider is not liable for any direct or indirect damage caused by the products or services delivered, such as loss of profit, increase in overheads, loss of customers, etc.
The seller/service provider is also not liable in the event of communication of incorrect data by the customer, or in the event of an order placed on his behalf by a third party.
Finally, it is the customer’s responsibility to inquire about any restrictions or customs duties imposed by his country on the products or services ordered. The seller/service provider can therefore not be held liable if the customer has to face any additional restriction or tax to pay because of the policy adopted by his country in this matter.
Materials
If the customer imposes a process or materials of a certain quality, origin or type on the seller/service provider, despite the written and reasoned reservations of the seller/service provider, the latter shall be released of any liability for defects resulting from the choice of said process or materials.