General conditions and customer information
- Conclusion of agreements
- Right to retract
- Price and terms of payment
- Delivery and Shipping Terms
- Liability for defects
- Applicable law, competent judge
- Online Dispute Resolution Information
- These general conditions of Emanet (hereinafter “the seller”) are applicable to all agreements that a consumer or entrepreneur (hereinafter “the customer”) concerning the products presented by the seller in its online shop and/or the services concluded with the seller The applicability of the customer’s terms and conditions is expressly rejected unless otherwise agreed.
A consumer within the meaning of these terms and conditions is any natural person who performs legal acts for purposes which are primarily outside the independent occupation of a profession or business. An entrepreneur within the meaning of the meaning of these terms and conditions is any natural person or any legal person or any association which deals with a legal act in the context of the independent exercise of a profession or business.
- Conclusion of agreements
The descriptions of the products displayed in the seller’s online shop are not the subject of a binding offer by the seller, but serve to invite the customer to make a binding offer.
The customer can accept the offer offered in the seller’s online shop via the integrated order form. In addition, the customer agrees, after having selected the goods and / or services in the virtual shopping cart and after having gone through the digital ordering procedure by clicking on the button to complete the order, to the acceptance of an offer binding for the conclusion of a purchase contract with the content of the goods and / or services in the shopping cart. However, the content cannot be sent after acceptance of the contractual conditions by ticking “I have read and accept the general conditions”
The seller may accept the customer’s offer within five days, by sending an order confirmation in writing or in text form (fax or e-mail) by which this order confirmation is therefore decisive, or by delivering the products ordered from the customer, whereby the receipt of the goods is therefore decisive, or by asking the customer to pay after receipt of his order. In any case, the seller will send an order confirmation to the customer thus offering an explanation of how the terms and conditions are downloadable or printable via the “Print” function. When there are several alternatives mentioned above, the agreement will be concluded at the moment when one of the alternatives mentioned above occurs. If the seller does not accept the customer’s offer within the aforementioned period, the offer is rejected whereby the customer is no longer bound to his declaration of wisdom.
The period for accepting the offer begins the day after the customer sends the offer and ends at the end of the fifth day after the offer is sent.
Before sending the binding order via the seller’s online order form, the customer can modify the data previously entered by means of the usual keyboard and mouse. In addition, all entered data intended for sending the binding order is visible in a confirmation window, and can also be corrected with the usual keyboard and mouse functions.
The conclusion of the agreement is only available in French.
The ordering process and contact only takes place by e-mail and automatic order settlement. The customer must ensure that the e-mail address specified is correct so that messages sent by the seller to this address can be received. The customer must ensure that these SPAM filters do not block messages sent by the seller or third parties responsible for paying the order.
Right of withdrawal
- Consumers have in principle a right of withdrawal.
- Additional information on the right of withdrawal can be found in the conditions of withdrawal listed in the seller’s online shop.
Price and terms of payment
- The prices quoted by the seller are total prices and include any statutory turnover tax. Any delivery or shipping costs will, if necessary, be listed separately in the product descriptions.
- The customer has different payment options, which are indicated in the seller’s online store.
- When the customer chooses payment as the payment method, the amount is payable immediately after completion of the agreement.
- When choosing the Bancontact/Mister Cash payment method, the customer authorizes his bank, which is connected to the Bancontact/Mister Cash system, to execute the payment order. After authorization of this request for payment, the amount of the invoice will be deducted from the customer’s account and transferred to the seller’s account. The seller will be immediately notified of successful payment.
Delivery and shipping conditions
- Delivery by dispatch of the goods takes place if nothing else has been agreed to the address indicated by the customer at the settlement of the transaction.
- If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will be held responsible for the shipping costs. This does not apply when the customer cannot be held responsible for the failed delivery or if he has been temporarily prevented from taking delivery of the goods, unless the seller has announced the delivery within a reasonable time.
- When the goods are collected by the customer, the seller first informs the customer by e-mail that the products ordered by him are ready for collection. After receiving this email, the customer can collect the goods by appointment from the seller. In this case, there will be no calculated shipping costs.
Liability due to defects
In general, the legal regulations regarding liability for defects apply and, in particular, the following provisions apply:
- For customers outside the framework of a commercial or professional activity (consumers) The consumer must report the defect to the seller within two months of discovering the damage. The deadline for defective complaints is two years from the notification of the defect.
- Apart from contractual claims for damages under articles 9 and 10 of title 1 of book 6 of the Civil Code, there is no liability of the seller towards the buyer for any link between
damage or injury as a result of safety defects in the purchase of the product. (civil code 6:186, civil code. 7:24). This does not apply: Where the seller knew or should have known of the security defect; When the seller has confirmed the absence of the defect or; If the defect due to damage to another case as mentioned in the civil code 6:19 caused a financial loss of less than € 500,-
Applicable law, competent judge
- If the customer acts as a consumer as stated in point 1.2, the law of the state applies for all legal relationships of the parties where the customer usually resides with the exception of the United Nations Convention on international agreements for the sale of goods and the place of jurisdiction for all disputes under this agreement which focuses on the place of residence of the customer.
- If the customer acts as an entrepreneur as stated in point 1.2, state law applies for all legal relationships of the parties where the registered office of the seller is located with the exception of the United Nations Convention United Nations on International Agreements for the Sale of Goods and the place of jurisdiction for all disputes under this agreement which focuses on where the seller’s head office is located.
Information on online dispute resolution
The European Commission makes a platform available on the Internet under the following link for online dispute resolution: http://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court settlement of disputes dealing with the basis of sales or service agreements via the Internet in which the consumer is involved.