TERMS & CONDITIONS
1. General provisions
1.1. The present conditions define the respective obligations of the contracting parties at the time of the sales carried out by Avenue du Roi via its Internet site: http://www.avenueduroi.com . They govern this contractual relationship, in addition to the “Legal Notice – Privacy – Terms of Use” available on Avenue du Roi site under the tabs bearing the same title. Any clause contrary to these conditions is valid only with the written agreement of Avenue du Roi.
1.2. As soon as he validates his order (by clicking on the tab “validate the order” of the site of Avenue du Roi), the buyer expressly acknowledges having read and accepted these conditions, “terms of use” and “legal notices”.
1.3. In case of contradiction between the general conditions of the co-contractors of Avenue du Roi and the present general conditions, it is established that the latter will prevail, unless Avenue du Roi agrees in writing.
2. Definitions
For the purposes of these terms and conditions, the following are considered to be :
- “Product” means any movable property sold and available on the .
- “Buyer”: any natural or legal person who buys a movable property via the website of Avenue du Roi.
- “Seller” means any natural or legal person who offers for sale and sells a personal property through King’s Avenue.
3. Order Confirmation
3.1. After the buyer has validated his order by clicking on the tab “validate the order”, the order must be confirmed by Avenue du Roi.
3.2. After reception of the order request, Avenue du Roi sends to the buyer (at the address given by the latter on his customer account) an email of confirmation of the order. The order is considered confirmed as soon as this email is sent by Avenue du Roi to the buyer.
3.3. After confirmation of the order by Avenue du Roi, in case of non-receipt of the price by the latter within 3 days from the date of validation of the order by the buyer, the order is deemed cancelled and the product is put back on sale.
4. Sale
4.1. The sales contract is concluded as soon Avenue du Roi has confirmed the order and has received the full sale price and its accessories determined in accordance with Article 5 below, regardless of the payment method chosen by the buyer. Furthermore, the sales contract is concluded under the resolutive condition of availability of the product.
4.2. In case of unavailability of the product, the sale will be considered as not concluded. Avenue du Roi informs immediately the buyer (via the email address given by the latter in his customer account), this one will then not be debited.
4.3. The product sold remains the full property of the seller until the full collection of the sale price and its accessories by Avenue du Roi.
5. Prices
5.1. The price listed on the website of Avenue du Roi is denominated in euros (€), all taxes included, excluding delivery charges (which are determined in accordance with article 7 below). Moreover, Avenue du Roi reserves the right to pass on to the buyer on the price the modifications of taxes which would intervene before the delivery date.
5.2. The products ordered are charged at the price listed on the site when the order is confirmed by Avenue du Roi. The invoice of sale is communicated by email to the purchaser at the address mentioned by this one on its customer account on the site of Avenue du Roi. Avenue du Roi is not responsible in case of unavailability of the email address given by the buyer and the invoice will be considered as transmitted to the buyer as soon as it is sent by Avenue du Roi.
5.3. In the case of orders outside the European Union, Avenue du Roi reserves the right to claim additional taxes from the buyer via the carrier, which are the responsibility of the buyer in terms of declarations and payment to the competent national authorities. It is the responsibility of the purchaser to make inquiries in this regard.
5.4. Any dispute relating to an invoice must be sent by registered mail to Avenue du Roi within fifteen days from the date of dispatch by La peau de l’ours of the purchase invoice, failing which said dispute will be considered late and therefore inadmissible.
6. Payment
6.1.
6.2. Avenue du Roi uses secure payment methods. However, the security of information and payments transmitted through the Internet cannot be guaranteed by Avenue du Roi. The latter shall not be liable for damages resulting from the use of digital means of payment, in particular damages resulting from failure or delay of payment, interception or manipulation of digital data by third parties or by computer programs used for digital communications or for the transmission of viruses.
7. Delivery
7.1. Delivery occurs after confirmation by Avenue du Roi of the order, and subject to the validity of the delivery address provided for delivery by the buyer.
7.2. The product is delivered to the address provided for this purpose by the buyer within 7 to 15 working days from the date of sending by Avenue du Roi of the email confirmation of the order. These delivery times are indicative and a delay in delivery can in no case give right to the allocation of damages or other compensation, nor to the cancellation of the sale. Avenue du Roi cannot be held responsible for delays or damages caused during transportation.
In any case, the following circumstances release Avenue du Roi of these indicative deadlines: force majeure (including strikes, domestic incidents, supplier delays and labor shortages), non-compliance with payment terms, changes decided by the buyer after confirmation by Avenue du Roi of the order, and the failure of the buyer to communicate the information requested by Avenue du Roi.
7.3. Delivery and transport costs are determined at the time of the online order and are deemed agreed by the buyer as soon as he validates his online order.of communication by the buyer of the information requested by
7.4. The buyer must receive the product delivered by the carriers according to the modalities chosen by him when ordering. The buyer will be held responsible for all costs (deposit, custody, transport and others) which would result from the fact that he would not take possession of the delivered product in the conditions fixed for the delivery. Buyer shall also bear the cost of installation and entry of the product to the location selected by Buyer, if any.
8. Intellectual Property
The seller of products sold by Avenue du Roi retains the ownership of all intellectual property rights relating thereto. The present conditions cannot be considered as conferring to the buyer any intellectual property right on the creation (abandonment, transfer, license, property rights, right of use, etc. ….).
9. Garanties
9.1. Any complaint relating to the delivery or the conformity of the product must be reported to Avenue du Roi in writing within 14 days from the date of delivery. If no complaint is made within this period, the goods shall be deemed to have been accepted by the buyer and to be in conformity. This acceptance covers all apparent defects and conformity.
9.2. Avenue du Roi guarantees the products sold against defects for a period of two years starting from the delivery of the product to the buyer. This guarantee can only be implemented under the following conditions:
- the defect existed at the time of purchase;
- it makes the product totally unfit for the use for which it is usually intended;
- the product has been delivered in an appropriate manner;
- the product has been used under normal conditions;
- the buyer has notified his complaint by registered letter to the seller within thirty days from the discovery of the defect, who will pass it on to the seller;
- la garantie est limitée, au choix du vendeur, soit au remboursement du produit, soit à son ;
- the buyer will not be able to claim any additional compensation.
9.3. Avenue du Roi does not engage its responsibility because of the damage caused by the use of the products by the purchaser, nor by the force majeure, and this even during the guarantee period.
10. Withdrawal
10.1. The buyer has a right of withdrawal of 14 days from the delivery of the product without having to give reasons, in accordance with the provisions in this respect in the Belgian Code of Economic Law in articles VI.45 and following.
10.2. This right of withdrawal is only possible when the seller’s professional headquarters are located in the European Economic Area (i.e. the member countries of the European Union, Iceland, Norway and Liechtenstein), and the buyer himself is domiciled there.
10.3. The buyer exercises this right of withdrawal by contacting Avenue du Roi directly by sending an email to the following address hello@avenueduroi.com . Avenue du Roi will forward this request for withdrawal to the seller who will follow up on it in accordance with applicable regulations.
10.4. In case of exercise of the right of withdrawal by the buyer, only the price of the product and shipping costs may be reimbursed by Avenue du Roi, the cost of returns remains the responsibility of the buyer. The product must be returned in perfect condition, in its original packaging and must be shipped in the same condition as it was originally sent.
11. Termination of the sale at the buyer’s expense
If the contract of sale is terminated by the buyer to his fault, Avenue du Roi reserves the right to claim the forced execution of the contract, or to consider, after preliminary formal notice remained unsuccessful during 10 days, the contract as being solved or terminated by right at the buyer’s expense. In the latter case :
- In case of unilateral cancellation of an order by the buyer before delivery, the buyer will be required to pay an indemnity equivalent to 10% of the selling price, with a minimum of 100 €,
- if the buyer omits or refuses the delivery of the product, he will be held to the payment of the expenses of delivery and of a compensation equivalent to 25 % of the sold product, with a minimum of 250 €,
- In all other cases, the full amount of the damage may be claimed from the buyer.
12. Applicable law and jurisdiction of courts
12.1. Any dispute or controversy relating to these terms and conditions, the “terms of use”, and the “legal notices” is subject to Belgian law.
12.2. In addition, any dispute will be brought before the Courts of Brussels (Belgium) without the purchaser being able to refer to another jurisdiction, even by way of incidental request, appeal in guarantee or declaration of joint judgment.
Online dispute settlement:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage