-Terms of Sales -

Definitions and scope
The general conditions of sale of products, hereinafter referred to as "the general conditions" are applicable to all orders placed with Meubelark BV, whose registered office is at Haachtsesteenweg 164B in 1820 Steenokkerzeel, registered with the Banque Carrefour des Entreprises under the number BE0761.647.321, hereinafter referred to as "the seller".
These general conditions form the contract between the seller and the customer. The seller and the customer are hereinafter commonly referred to as "the parties".
The "customer" is any natural or legal person who orders products from the seller.
The "consumer" is the customer, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
These conditions are freely accessible at any time on the seller's website: www.meubelark.com, so that by placing an order with him, the customer declares to have read these general conditions and confirms his acceptance of the rights and related obligations.
The seller reserves the right to modify these general conditions at any time and without prior notification. These changes will apply to all subsequent product orders.

- Offer and order -

To place an order, the customer chooses the product (s) he wishes to order and informs the seller by phone, mail, email, or by means of an online form if applicable.
The seller sends the customer an order form for these products, and possibly requests payment of a 50% deposit if the items are in stock and a 50% deposit if an order is to be placed with the supplier. The order form contains a notice reminding the customer of the application of these general conditions.
It is the customer's responsibility to verify the accuracy of the order and immediately report any errors to the seller.
The customer must then accept and return the signed purchase order to the seller, in order to confirm his order.
The seller reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer prove to be manifestly erroneous or incomplete or when there is a dispute relating to the payment. from a previous order.
In case of cancellation of the order by the customer after acceptance by the seller for any reason whatsoever, except in the case of force majeure, a sum equivalent to, 50% of the price of the order will be acquired to the seller and invoiced to the customer, as damages.

-Payment -

Invoices are payable, in the currency of the invoice, at the seller's head office, before delivery of the goods, or at the latest pay on the day of delivery via a bancontact terminal.
We require a 50% deposit for items in stock and a 50% deposit for items that are not in stock and require an order from the supplier and the total amount that remains to be paid no later than the day of delivery or collection. For other countries except Belgium, the full amount must be paid at the time of ordering.

-Price -

The price of the products is indicated in euros, all taxes not included.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and that of delivery will be automatically charged to the customer.
Any delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, according to the method and place of delivery as well as the number of products ordered.

-Time limit -

Unless otherwise expressly accepted in writing by the seller, the delivery times mentioned in the special conditions are not binding times. The seller can only be held liable if the delay is significant and if it is attributable to him due to his gross negligence.
The customer may not invoke the delivery times to request the termination of the contract, claim damages or assert any other claim, unless otherwise stipulated in writing and expressly accepted by the seller.
In the event of a delay exceeding the period of thirty working days, the customer must send a formal notice by registered letter to the seller, who will then be able to benefit from 50% of the time prescribed to deliver the product (s) ordered.

-Reservation of title -

Meubelark remains the owner of the products ordered until they have been paid in full.
The ownership of the products is transferred to the customer only after the withdrawal or delivery of the items and after full payment of the order. Notwithstanding Article 1583 of the Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. Until payment of the sale price has been made, the customer is prohibited from pledging the items, offering them, or using them as security in any way. The customer is expressly prohibited from making changes to these articles, making them real property and by incorporation or destination, selling them or disposing of them in any way.
As long as the seller has the property rights over the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, only the customer can be held responsible for the loss or possible damage of the products. If necessary, the customer also agrees to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as being the property of the seller.

-Cancellation of the order -

The customer who wishes to cancel his order informs the seller. The seller will then tell him what to do.
In the event of an order cancellation, 50% of the total amount of the invoice or purchase order will not be refunded under any circumstances.
Any deposit paid by the customer to the seller will not be refunded. If no deposit has been paid, the seller may claim from the customer a termination indemnity equivalent to 50% of the price of the products whose order has been canceled by the customer.

-Delivery of the order -

Delivered by our own means: the goods arrive at the address given to us by the customer and drop off on the ground floor at the entrance to the building, if the entrance is not large enough, the merchandise will then be deposited in front of the entrance.
Delivered by an external carrier: the merchandise is always left only in front of the store entrance.
The delivery times indicated by the seller are only indicative and are not binding on the seller. A delay in the delivery of the order may therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations, or the payment of damages.
The order is not delivered to the customer until full payment has been made. The transfer of ownership and the burden of risk takes place when the order is fully paid. The customer is therefore advised that he alone bears the cost of the risks associated with the delivery.

-Availablity -

The products offered for sale by the seller are within the limits of available stocks.
In case of unavailability of one or more product (s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order. or a postponed delivery at the end of the stock shortage of the product (s) concerned.
Receipt of the order and complaint
The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects at the planned collection point with the products he has ordered.
Any complaints must be made in writing, within 1 day, however, on the day of delivery of the order. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.
If a complaint is found to be justified, the seller / service provider will have the choice between replacing or refunding the price of the prices concerned.
Intellectual property
The information, logos, designs, brands, models, slogan, graphic charters, etc., accessible through the seller's website or catalog are protected by intellectual property rights.
Unless expressly agreed otherwise and in advance, the customer 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's website or catalog.
Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and / or industrial property rights for any reason whatsoever.

Guarantee

* Legal guarantee for all customers

In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them. or would have given a lower price if he had known them.
In the event of a finding of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a full refund, or keep against partial refund.
The seller is not obliged to guarantee the products against apparent defects, which the customer may or should have noticed at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and therefore he refrained from notifying the customer.
Only the invoice, sales receipt or purchase order are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.
* Additional legal guarantee for customers having the status of consumers
In accordance with article 1649quater of the Civil Code, the customer who in the quality of consumer also has a legal guarantee of 12 months for all the defects of conformity which existed during the delivery of the product and which appeared within a time limit. 12 months from this date.
The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of 15 days from the day of delivery or withdrawal from the store, under penalty of forfeiture of his right to claim.
Only the invoice, receipt or purchase order are valid as guarantee certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear or any use that does not comply with the manufacturer's instructions. or the seller.

-Responsibility-

General: The customer acknowledges and accepts that all the obligations owed by the seller are exclusively of means and that he is not liable only for his fraud and gross negligence.
In the event that the customer demonstrates the existence of gross negligence or willful misconduct on the part of the seller, the damage for which the customer can claim compensation includes only the material damage resulting directly from the fault attributed to the seller to the exclusion any other damage and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller is not responsible for any direct or indirect damage caused by the products delivered, such as loss of profit, increase in overheads, loss of customers, etc.
The seller is also not responsible in the event of incorrect data communication by the customer, or in the event of an order placed on his behalf by a third person.
It is the customer's responsibility to inquire about any restrictions or customs duties imposed by his country on the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.
Materials: If the customer imposes on the seller a process or materials of a specific quality, origin or type, and this despite the seller's written and reasoned reservations, the latter is released from all liability for defects originating from the choice of said process or materials.

-Miscellaneous-

Force majeure or fortuitous event. The seller cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous.
In particular, the following events will be considered as force majeure or fortuitous events: 1) the loss or total or partial destruction of the seller's computer system or its database when one or other of these events cannot not reasonably be attributed directly to the seller and it has not been demonstrated that the seller failed to take reasonable steps to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurgencies and riots, 11) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or of the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller depends, 15) a fact or u no decision of a third party when this decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller.
Lack of foresight. If, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and fairness an adaptation of the contractual conditions within a reasonable period of time in order to restore balance.

-Applicable law and jurisdiction-

These general conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or breach of these general conditions, the parties undertake to resort to mediation prior to any other method of dispute resolution.
The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or instruct a third party to this designation.
Once the mediator has been appointed, the parties define among themselves, with the help of the mediator, the modalities of organization of the mediation and the duration of the process.
Either party can terminate mediation at any time, without prejudice to it.
In the event that mediation fails, only the courts of the judicial district of Brussels will be competent.