Terms & Conditions
Definitions and Scope
These general terms and conditions of sale, hereinafter referred to as "the terms and conditions", apply to all orders placed with Honnay Anne-Claude, domiciled Rue de Haid 38B, 5590 Haversin, hereinafter referred to as "the seller".
These terms and conditions constitute the contract between the seller and the customer. The seller and the customer are hereinafter collectively referred to as "the parties".
The term "customer" refers to any natural or legal person ordering products from the seller.
The term "consumer" refers to the customer, a natural person, acting for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity.
The present general terms and conditions are the only ones applicable. In any case, they exclude the customer's general or special conditions that the seller has not expressly accepted in writing.
The general terms and conditions are freely accessible at any time on the seller's website: www.inalya.com, so that by placing an order, the customer declares that he/she has read them and accepts the rights and obligations associated with them.
The seller reserves the right to modify these terms and conditions at any time and without notice, provided that such modifications appear on its website. These modifications will apply to all product orders placed after their publication online.
Offer and Order
To place an order, the customer selects the desired product(s) and informs the seller by telephone, post, e-mail or via an online form.
The seller then sends the customer an order form for the products selected, which may include a request for a deposit. The order form refers to the application of the present general terms and conditions, as well as the existence of the right of withdrawal for consumers.
It is the customer's responsibility to check the accuracy of the order and to notify the seller immediately of any errors.
The customer must then accept and return the signed order form to the seller for the order to be validated.
The seller reserves the right to suspend, cancel or refuse an order, particularly in the event of obviously erroneous or incomplete information provided by the customer, or in the event of a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the customer after acceptance by the seller, for any reason other than force majeure, a sum equivalent to 30% of the price of the order will be retained by the seller as compensation.
Payment
Invoices are payable in euros at the seller's registered office within thirty days of the invoice date.
Any complaint relating to an invoice must be sent in writing by registered post to the seller's head office within eight calendar days of receipt. After this period, the invoice is deemed to have been accepted.
Any invoice unpaid on its due date will, automatically and without formal notice, generate late payment interest of 8% per annum for private customers. For professionals, the interest stipulated in the law of August 2, 2002 concerning late payment in commercial transactions will apply.
In addition, any amount unpaid on the due date will be subject, ipso jure and without notice, to a flat-rate penalty of 15% of the total amount due, by way of damages.
Price
Product prices are quoted in euros, inclusive of all taxes.
Any increase in VAT or any new tax imposed between order and delivery will be automatically passed on to the customer.
Delivery costs are not included in the price displayed, but are calculated separately when the order is placed, depending on the delivery method, location and number of products ordered.
Delivery times
Unless expressly agreed in writing by the seller, the delivery times indicated in the special conditions are not binding. The seller may only be held liable in the event of significant delay due to gross negligence on its part.
Unless otherwise agreed in writing by the seller, the customer may not invoke a delay in delivery to cancel the order, claim damages or assert any other claim.
In the event of a delay of more than thirty working days, the customer will send a formal notice by registered mail. The seller will then have 50% of the initial deadline to make the delivery.
Reservation of Ownership
The seller retains ownership of the products ordered until they have been paid for in full.
The transfer of ownership occurs only after collection or delivery of the products and full payment of the order. Notwithstanding article 1583 of the French Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment has been received.
Until payment has been made, the customer may not pledge, assign or use the products as security. They may not be modified, incorporated into real estate, sold or disposed of in any way whatsoever.
As long as the seller retains title to the products delivered, the customer remains responsible for them and undertakes to maintain them in good condition. He must, if necessary, insure them against all risks, and store them in such a way that they are identifiable as the property of the seller.
Right of withdrawal
In accordance with article VI.47 of the French Code of Economic Law, the consumer who orders products remotely has a period of 14 calendar days from delivery or notification of availability in a relay point to notify the seller of his intention to withdraw, without cost or justification.
If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The consumer can notify his withdrawal via :
the retraction form available on the seller's website,
the form sent with the order confirmation,
SPF Économie website: economie.fgov.be,
or by any clear statement expressing its decision to withdraw.
The product must be returned in perfect condition and in its original packaging.
Only the direct costs of return will be charged to the consumer. The seller will refund the amount paid as soon as possible, and at the latest within 14 days of the return of the product(s).
If the product has been opened or used before expiry of the withdrawal period, the consumer is deemed to have waived this right for the said product.
The right of withdrawal also does not apply in the cases provided for in Article VI.53 of the Code of Economic Law, in particular for goods made to the consumer's specifications or clearly personalized.
Applicable Law and Jurisdiction
These terms and conditions are governed by Belgian law.
In the event of a dispute concerning the validity, interpretation, performance or termination of these terms and conditions, the parties agree to seek mediation before any other procedure.
Failing amicable settlement, the courts of the judicial district of Namur shall have sole jurisdiction.