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General terms and conditions of sale

1. Prior arrangements

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are applicable to all sales and/or services provided by TechSwap sa-nv to any natural or legal person acting as a non-professional purchaser (hereinafter referred to as the "Client").

The signing of any order form or acceptance of a quote issued by the Company implies full and complete acceptance by the Client of these GTC.

The products supplied by the Company are intended for personal use - the Client is prohibited from reselling them as a trader.

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2. prices and payment conditions

All prices are net, in euros, including all taxes and packaging - defined services (delivery and/or installation) are invoiced in addition. The prices (and any promotions) are valid on the date of the order specified on the front.

Take-away products are paid for in cash at the shop checkout on the day of collection.

A deposit of 60% of the total sales price of the order is payable on the day the order is placed. The balance is payable in cash on the day of collection from the shop or at the latest on the day of installation if this is the subject of a service. The delivery period indicated on the front of the order will only start to run once the deposit has been paid.

The deposit will be definitively lost and will remain with the Company if the Client does not take delivery of the order within 30 days of the date on which the Company informed the Client of its availability.

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3. Right of withdrawal

For custom-made products: orders are firm and final and cannot be subject to a right of withdrawal (cf. Article VI.73.3° of the Code of Economic Law).

However, the measurements indicated on the order form may be modified within the period indicated on the front - beyond this period, the measurements indicated under the Customer's responsibility are final and the products manufactured according to these indications may not be refused or returned on this ground. The Customer is informed and accepts that changes in measurements may cause the price of the product to vary.

For products to be taken away: purchases in the shop cannot be subject to a right of withdrawal, however the Company agrees to take back for exchange any product in perfect condition within 14 calendar days following the date of purchase on presentation of the receipt - for orders signed outside the shop, the Client has a right of withdrawal of 14 calendar days from the date of signing the order. The Customer shall exercise this right of withdrawal by informing the Company of his decision to withdraw by sending, before the expiry of the period, the withdrawal form (attached to the order) or any other unambiguous statement expressing his wish to withdraw.

For Services: for orders signed outside the shop, the Customer has a right of withdrawal of 14 calendar days from the signing of the order under the same conditions as for take-away products, unless he has expressly waived the period under the provisions of Article VI.73 1 of the Code of Economic Law and the service is provided before the expiry of this period.

In the case of a credit sale with a duration of more than three (3) months, the Customer has a right of withdrawal of 14 calendar days from the acceptance of the credit offer. The sales contract shall be automatically terminated, without compensation, if the Customer, within this period, exercises his right of withdrawal in respect of the affected credit under the conditions set out in Article VII83 of the Consumer Code. The sale shall only become final and the time limit for the completion of the order shall only start to run when the prior offer of credit provided for by law becomes final.

In the event that the sales contract is terminated as a result of the exercise of the right of withdrawal for the affected credit, the Company shall be obliged to reimburse, upon simple request, any sum that the Client has paid in advance of the price. From the eighth day following the request for reimbursement, this sum shall automatically bear interest at the legal rate plus half.

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4. In-store pick-up - Delivery

The date of collection and/or delivery and/or the planned service is indicated on the order form.

In the event of a delay not justified by force majeure and not attributable to the Client, the Client may cancel the order by registered letter with acknowledgement of receipt or any durable written medium, if the Company has not been able to deliver or provide the service within 30 days of the Client's formal notice. In this case, the order shall be deemed to be cancelled upon receipt by the Company of the letter or writing from the Client, unless the Company has performed in the meantime.

In the event of home delivery, the Client or his authorised representative is obliged to check the product at the time of delivery and to explicitly mention on the delivery note the reservations he intends to make about the condition of the product received. The Client is informed that the absence of written reservations on the delivery note is equivalent to a presumption of compliant delivery. The Client must inform the Company of the reservations within 48 hours of the delivery of the Product.

The Client is required to provide the Company with all the information necessary for the delivery of the Product. The Company shall not be liable for any error or inaccuracy in the delivery address or for the technical impossibility of delivering the Product. In the event that delivery is not possible, the goods will be made available to the Client for collection in a shop.

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5. Product compliance

The Company undertakes to deliver products that comply with the specifications of the order in terms of measurements and quality of the fabric and in compliance with the provisions in force. In the event of a defect, the Client shall return the product to the shop to examine repair or replacement solutions. Any alteration of the product resulting from non-compliance with the installation or maintenance instructions shall not constitute a lack of conformity.

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Art. 1649ter.

For the purposes of Article 1604(1), consumer goods supplied by the seller to the consumer shall be deemed to be in conformity with the contract only if :

  1. it corresponds to the description given by the seller and has the qualities of the goods which the seller has presented to the consumer in the form of a sample or model;

  2. it is fit for any special purpose intended by the consumer, which the consumer has made known to the seller at the time of the conclusion of the contract and which the seller has accepted;

  3. it is fit for the purposes for which goods of the same type are normally used;

  4.  it presents the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, to public statements made by the seller, the producer or his representative, particularly in advertising or labelling, on the specific characteristics of the goods.

​2. The seller shall not be bound by the public declarations referred to in § 1, 4°, if he demonstrates :

  • that he was not aware of the statement in question and was not reasonably able to know it

  • the statement in question had been corrected at the time the contract was concluded, or

  • that the decision to purchase the consumer good could not have been influenced by the statement.

3. The lack of conformity shall be deemed not to exist within the meaning of this Article if, at the time of the conclusion of the contract, the consumer was aware of the lack of conformity or could not reasonably have been unaware of it, or if the lack of conformity has its origin in the materials supplied by the consumer.

4. Any lack of conformity resulting from incorrect installation of consumer goods shall be deemed to be a lack of conformity of the goods where the installation forms part of the contract of sale of the goods and was carried out by the seller or under his responsibility.

The same applies where the goods, intended for installation by the consumer, are installed by him and the faulty installation is due to an error in the installation instructions.

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Art. 1649quater. 

1. The seller shall be liable to the consumer for any lack of conformity which existed at the time of delivery of the goods and which becomes apparent within two years of the delivery. The two-year period provided for in the first paragraph shall be suspended for the time needed to repair or replace the goods, or in the event of negotiations between the seller and the consumer with a view to reaching an amicable agreement. By way of derogation from the first paragraph, the seller and the consumer may, in the case of second-hand goods, agree on a period of less than two years but not less than one year

2. The seller and the consumer may agree on a period of time during which the consumer is obliged to inform the seller of the lack of conformity, which shall not be less than two months from the day on which the consumer becomes aware of the defect.

3. The consumer's action shall be barred within a period of one year from the day on which he ascertained the lack of conformity, without this period expiring before the end of the two-year period provided for in § 1.

4. In the absence of proof to the contrary, a lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery, except where this presumption is not compatible with the nature of the goods or the nature of the lack of conformity, taking into account in particular whether the goods are new or second-hand.

5. The provisions of this Chapter relating to the guarantee for hidden defects of the thing sold shall apply after the two-year period provided for in § 1.

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Art. 1649quinquies.

1. In addition to damages, where applicable, the consumer shall have the right to require the seller who is liable for a lack of conformity pursuant to Article 1649c to repair the goods or replace them, in accordance with the conditions laid down in § 2, or to make an appropriate reduction in the price or rescind the contract, in accordance with the conditions laid down in § 3.

However, account shall be taken, where appropriate, of the worsening of the damage resulting from the use of the goods by the consumer after the time when he detected the lack of conformity or should have detected it.

2. The consumer shall have the right, in the first instance, to require the seller to repair the goods or replace them, in either case free of charge, unless this is impossible or disproportionate. Any repair or replacement shall be effected within a reasonable time and without significant inconvenience to the consumer, having regard to the nature of the goods and the consumer's intended use.

The costs referred to in the previous paragraph are the necessary costs incurred in bringing the goods into a compliant condition, including the costs of shipping the goods and the costs associated with the work and materials.

For the purposes of paragraph 1, one method of compensation shall be deemed to be disproportionate if it imposes costs on the seller which, compared with the other method, are unreasonable, taking into account :

  • of the value the goods would have if there was no lack of conformity;

    the extent of the lack of conformity;

    whether the alternative method of compensation can be implemented without major inconvenience to the consumer.

3. The consumer has the right to demand from the seller an appropriate reduction in price or rescission of the contract:

  • he is not entitled to repair or replacement of the goods, or

    if the seller has failed to repair or replace the goods within a reasonable time or without significant inconvenience to the consumer.

By way of derogation from the first paragraph, the consumer shall not be entitled to rescind the contract if the lack of conformity is minor. 

For the purposes of paragraph 1, any refund to the consumer shall be reduced to take account of the use the consumer has made of the goods since their delivery.

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Art. 1649sexies.Where the seller is liable to the consumer for a lack of conformity, he may pursue remedies against the producer or any contractual intermediary in the transfer of ownership of the consumer goods on the basis of the contractual liability of that producer or intermediary in relation to the goods, without being able to rely on a contractual clause limiting or excluding that liability.

 

6. Personal dataThe collection of your personal data is necessary in order to complete any order. In accordance with the French Data Protection Act of 8 December 1992, the Customer has the right to access, modify, rectify and delete personal data concerning him/her by sending a letter to the Company's address.

In order to issue a quotation, the Client shall provide the Company with his e-mail and/or telephone details, thereby authorising the Company to contact him within a maximum period of 3 months following the date of the quotation.

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7. Claims

In accordance with the provisions in force, in the event of a dispute, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method. Failing this, any legal action will be brought before the competent court.

With regard to mediation, the Client may have recourse free of charge to the mediation service at contact@mediationconsommateur.be, for all complaints already submitted in writing to the Company's customer service department within the last year and not satisfied.

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