Section 1 : Preamble
All transactions between SOUKBAZAR with registered seat at 20 chemin de la Bruyère, 1473 Glabais - Belgium, registered under nummer 0550.957.525 at the Banque Carrefour hereinafter called the vendor, and every consumer willing to buy any object through the site of the vendor (www.soukbazar.com) and are subject to these terms and conditions.
The consumer as understood in these general conditions is any natural person in the sense of article I, 1.2°, of the Code of economic law, who does not act in the course of his commercial or industrial activities or craft.
Section 2 : Object
These general sales conditions shall define the contractual relations between the vendor and the buyer and will apply to all sales made through the site of the vendor.
The fact of buying a good through this website entails an unconditional acceptance of the general sales conditions.
These terms and conditions prevail over any conditions of purchase unless expressly accepted by the vendor.
The vendor reserves the right to make any changes to the general conditions at any time. In this case, the applicable sales conditions will be those applicable at the moment the order is posted by the buyer.
Section 3 : Specifications of the proposed goods
The product offered for sale are those that are published in the catalogue of the vendor. For each product a description is given by the supplier.
The photographs shown of the catalogue are given for information purposes only and do not bind the vendor.
Section 4 : Prices
The prices mentioned on the site are in Euro, inclusive of VAT and other taxes. The total price of the order must include all taxes and costs, including delivery costs. If the price is not quoted in Euros, the exchange rate will be the official rate applicable on the day of the order.
The vendor reserves the right to change prices at any time without notice. However the applicable price will be the price of the goods the day the order is confirmed.
The vendor reserves the right to pass on the increase of the VAT which might intervene before or after delivery.
Section 5 : Geographical area
Sale on line of the goods is limited to buyers living either in the European Union (except Cyprus and Malta) or in Switzerland and to goods to be delivered within those areas.
Section 6 : Orders
The buyer who intends to make an order for goods or services is held :
- to be at least 18 years old;
- to fill in the identification form or to write down his client number if any;
- to complete the order on line while giving all references for the chosen object or service;
- to Validate his duly verified order;
- to recognize that he has read the general conditions and accepted them;
- to make the payment according to the provided conditions
- to confirm his order and payment.
The sale is completed as soon as the buyer confirms his order .
No shipment will be made until the order is confirmed and the payment has been received.
The products are offered within the limits of available stocks. If some article is no more available, the vendor will inform the buyer by mail as soon as possible. The buyer may either accept the delay (if the object is only unavailable for a limited period of time) or annul his order without cost.
Section 7 : Retraction Clause
The client has according to the law 14 calendar days starting after the day of delivery of the product purchased on the website, to notify that he renounces to buy the said product, without penalties and without having to motivate his renouncement (article VI.47, §1, Code of economic law).
The client will within this time limit inform the seller of his intention to return the product either by means of the retraction form made available of the website of the vendor (www.soukbazar.com) or by email sent to the contact address of the vendor (firstname.lastname@example.org) declaring unambiguously that he cancels the purchase. The return of products must be effected at the administrative center of the vendor (20 chemin de la Bruyère à 1473 Glabais - Belgium) at the cost and responsibility of the consumer, within 14 days of the notification of the retraction.
The products must be returned in their original packaging, not damaged, complete with all their accessories and with the original ticket of delivery. The returned products must not have been unpacked, loosened or used on any other way.
Incomplete, spoiled, damaged or dirtied products will be refused.
Upon acceptance of the return, the vendor will reimburse the consumer within 14 days, under deduction of the cost of delivery.
The consumer cannot retract his order for products tailormade for him or clearly made in view of his person (Art. VI.53, sec. 1, 3° of the Code of economic law).
Section 8 : Payment
Payments are due and payable exclusively by credit card through the Paypal platform or Bank transfer.
Section 9 : Delivery
Delivery is effected by the remittance of the product to the client at the address specified at the time of purchase. Delivery will be done by the commercial company Kiala or by La Poste.
The vendor and the consumer may however agree otherwise beforehand and choose a delivery by some express service or other service particularly adapted for delivery of valuable products. The extra cost will be incurred in this case by the client. The client may also pick up the products free of charge at the business center of the vendor.
The client who is absent at the moment of delivery, can get in touch within 48 hours with the vendor to make an arrangement for a new delivery. If the client fails to do so or if the client refuses to take delivery of the product, the vendor is entitled to claim the full execution of the contract or to consider after having given notice to the client that the contract is terminated by fault of the client. The vendor is entitled to retain 30% of the sales price as compensation of the sustained damage.
The products are transported at the risk of the vendor until their final destination at the address indicated by the client. From this time on, the client assumes full liability and risks. If there is any damage affecting the delivered products, the client must either refuse the products or only accept them after mentioning the afore mentioned damage on the delivery ticket while securing the signature of the transporter under this reserve on the delivery ticket. All claims concerning the delivered products must be received by the vendor at his registered office (20 chemin de la Bruyère à 1473 Glabais - Belgium) by registered mail within five working days after delivery. The mail must be accompanied by the purchase order and the fully completed delivery ticket. Any claim based on visible defects not handled within the prescribed delay, will not be taken into account.
The delivery delay communicated by the vendor is established as an estimated delivery time, unless parties agree otherwise in writing.
If a strict delay is agreed upon, this should be mentioned as such on the order form. In this case, the client may ask for damages which should not exceed 10% of the total price of the order.
In any circumstance, the vendor will not be bound to deliver the products :
1 - in case of force majeure, including strikes, technical incidents, delays of the suppliers and lack of personnel ;
2 - if the client orders changes after his initial order ;
3 - if the client does not inform the vendor within the specified delay.
Section 10 : Warranty
The vendor guarantees the client within the limits provided by the statute of Sept.1, 2004 concerning the protection of the consumers (sec.1649bis to 1649octies of the Civil code).
The client who assesses within 2 years of delivery that the sold product does not correspond to the contractual requirements, must notify his findings to the vendor within two months of his assessment by registered mail or by e-mail.
The warranty concerns only defects existing at the time of the delivery. Defects or damages which are the consequence of improper use, as water damage, oxidation, impact, fall, negligence or wear, are not covered. Having the products repaired by a technician non accepted by the supplier leads to annulment of the warranty.
The delivery ticket is the proof of the guaranty and should be kept and produced in original by the consumer.
Section 11 : Liabilities
The on line vendor is liable only for a breach of his duty to make his best efforts. He is not liable for damages resulting from the internet and from online payments, such as loss of data, hacking, virus, interruption of service or other involuntary problems.
The data reproduced on the site are given in good faith. The links to suppliers and/or of partners are given as an information and are not contractually binding.
The vendor cannot be held liable with regard to the information given by these sites. The vendor cannot anyway not be held liable for the lack of execution or the wrongful execution of the contract due to the consumer, due to force majeure or due to acts of third parties which could not be foreseen and could not be avoided.
Section 12 : Intellectual property
All elements of this website are and will be the exclusive property of the vendor.
Nobody is authorized to reproduce, exploit, show again or use for whatever purpose, even partially, the elements of the site, as software, visual elements or sound elements.
Any link, simple or throuTous les éléments du site du vendeur sont et restent la propriété intellectuelle et exclusive de celui-ci.
Section 13 : Personal data
All personal data required for handling the order are kept by the vendor or his assistants and may be transmitted to the enterprises with which the vendor- or his suppliers- cooperate, in order to handle the order of the consumer.
The consumer allows the vendor to use these data to make statistics, to improve the website or the proposed products and services.
This information may also be used by the vendor to communicate to his clients all information on his commercial activities.
The vendor keeps the personal data to facilitate future orders.
Without prejudice to the afore mentioned exceptions, the vendor will not communicate the personal data of his client to another company or enterprise.
The consumer can at any time and on simple demand, ask to communicate his personal data or to correct them.
Section 14 : Evidence
The parties agree that evidence can be brought in their contractual relations by electronic means (e.g. e-mail, automatic registration of mail).
Section 15 : Dispute regulation
Belgian law shall apply to the general conditions of on line sale.
Any dispute, controversy or claim arising out of or relating to this contract, shall be adjudicated by the courts of the regsitered seat of the vendor unless a binding statute provides otherwise.
Section 16 : Avoidance
If any provision of these general conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this contract shall continue to be valid and enforceable as to its other provisions and the remainder of the affected provision.