The purpose of these General Conditions is to define the arrangements for making available the services of the website 4254sport.com, referred to below as ‘the Service’ and the User conditions for the Service. Any access to and/or Use of the website www.4254sport.com presupposes unconditional acceptance and compliance with the entirety of these General Conditions. They therefore constitute a contract between the Service and the User.
In the event that the User does not wish to accept all or part of these General Conditions, he is requested to renounce any use of the Service.
2. LEGAL INFORMATIONThe 4254sport.com website is published by:
Fortytwo Fiftyfour SA
60, Avenue Guillaume Herinckx
VAT : BE0676920735
Director: Olivia Borlée
User: The User is any person who uses the Website or any of the services offered by the Website.
User Content: The term ‘User Content’ signifies the data transmitted by the User in the different sections of the Website.
4. ACCESS TO THE SERVICE
The Service is accessible free of charge to any User who has access to the internet. Any costs relating to access to the Service, whether charges for equipment, software or internet access, are entirely for the User’s expense. The User is solely responsible for the proper functioning of his IT equipment and for his internet access.
Certain sections of the website are reserved for Members after identification using their User ID and their Password.
Fortytwo Fiftyfour SA reserves the right to unilaterally deny access to the Service and without prior notification to any User who does not comply with these terms and conditions of use.
Fortytwo Fiftyfour SA will do everything reasonably possible to ensure good access to the Service but is under no obligation whatsoever to achieve this.
Fortytwo Fiftyfour SA cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that would hinder or impact access to the Service.
Fortytwo Fiftyfour SA reserves the right to interrupt, temporarily suspend or modify without warning all or part of the Service for maintenance purposes or for any other reason, without such interruption giving rise to entitlement to any obligation or compensation.
5. PERSONAL DATA
Only personal data voluntarily provided by the User will be collected.
Such personal data will be retained for a limited duration in a computer file which
Fortytwo Fiftyfour SA reserves the right to make use of or commercialize with the User’s express agreement.
Fortytwo Fiftyfour SA undertakes to take all necessary precautions to guarantee the security of the User’s personal data, in particular to prevent these from being distorted, damaged or communicated to unauthorized third parties.
Data of a personal nature may – if necessary – be communicated at the request of the legal authorities or police services without the owner’s prior consent. Pursuant to the Act of 8 December 1992 on the protection of privacy as regards processing of personal data, the User has the right to access, rectify, amend and delete data concerning him, free of charge and at any time, by a simple request addressed to: Fortytwo Fiftyfour SA, Avenue Guillaume Herinckx 60, 1180 Bruxelles (Belgium).
6. CHANGES TO THIS CONTRACT
Fortytwo Fiftyfour SA reserves the right to amend the terms, conditions and text in this contract at any time whatsoever.
The User is therefore advised to consult at regular intervals the most recent version of the Conditions of Use available on the website www.4254sport.com
7. TERM AND CANCELLATION
This contract is concluded for an indefinite term from the time that the User starts to use the Service.
8. APPLICABLE LAW & DISPUTES
Relations between the User and Fortytwo Fiftyfour SA, including sales, are exclusively governed by Belgian law.
The Brussels courts have exclusive jurisdiction in the event of disputes between the User and Fortytwo Fiftyfour SA. Proceedings shall be conducted in the French language.
9. CONDITIONS OF SALE - General Conditions of Sale
These General Conditions of Sale (referred to below as the ‘General Conditions’) define the rights and obligations of the parties in the context of the sale of products (referred to below as the ‘Products’) via the internet site Fortytwo Fiftyfour (see www.4254sport.com). These General Conditions govern the sale of all Products via the Website.
The General Conditions are concluded between, on the one hand, Fortytwo Fiftyfour SA, which has its registered office at Avenue Guillaume Herinckx 60, registered with the Crossroads Bank for Enterprises (KBO) under number 0676920735, referred to below as the ‘Seller’ and on the other hand any person wishing to consult the Website and make a purchase, referred to below as the ‘Buyer’. The Buyer and the Seller are jointly referred to below as the ‘Parties’. The Parties agree that their relations will be exclusively governed by the General Conditions, to the exclusion of any conditions previously available on the Website and to the exclusion of any general conditions of the Buyer.
Any order for a Product offered on the Website (referred to below as the ‘Order’) presupposes that the Buyer has previously read and expressly accepted the General Conditions without this acceptance being subject to the handwritten signature of the Buyer. The confirmation of the purchase order constitutes an electronic signature which has the same force between the Parties as a handwritten signature and is proof of the entire order and of the amounts due for the implementation of the said order.
The General Conditions exclusively concern non-commercial Buyers (consumers).
The Buyer declares that he has full legal capacity to enter into an order.
10. AVAILABILITY OF PRODUCTS AND CONTRACTUAL SCOPE
The Seller will use all reasonable means to announce the availability of products in real time on the site but cannot be held responsible if a product is no longer available to fulfil an order placed by the Buyer.
In case one of the ordered products is unavailable, the Buyer will be informed and will have the possibility either to amend the order or to cancel it, in which case the amount of his order will be refunded if he has already made payment.
Any photographs, texts and other descriptive elements illustrating products are not covered by the contractual scope. The Seller rejects any liability for erroneous photos or texts.
11. PURCHASE PRICE AND SHIPPING COSTS
The price of each Product appears on the site in Euros, including VAT.
The shipping costs for delivery are for the Buyer’s expense
The Seller cannot be held liable for the consequences of communicating erroneous information provided by the Buyer when placing his order.
By clicking on the ‘BUY’ button, the Buyer definitively confirms his order and undertakes to pay the entirety of the total amount due.
The Seller will confirm each order by sending an e-mail to the Buyer within 48 hours of the order being placed, to the address stated by the Buyer.
The Seller will only deliver the goods after receipt of full payment, if necessary after verification by the issuing banking institution.
13. PAYMENT METHODS
Purchases must be paid by means of Visa or Mastercard credit cards or by conventional European methods (Bancontact, ING, Belfius, KBC, CBC, Carte Bleue etc.) via the secure system Stripe (www.stripe.com) and Paypal (www.paypal.com).
The Buyer will choose one of the suggested payment methods and will follow the instructions appearing on the site when confirming the Order.
14. RETENTION OF TITLE CLAUSE & TRANSFER OF RISKS
The ordered products remain the property of the Seller up to the time the Purchase price has been paid in full.
Risk passes to the Buyer at the time that the ordered products are made available to the carrier.
Proof that the products have been made available to the carrier can be provided by all legal means and in particular by the carrier’s tracking system if he offers such a service.
The Buyer must sign the delivery receipt.
The Buyer must state the precise delivery address (house, place of work or other). The carrier will go to that address on working days and hand over the parcel(s) to the Buyer if the latter is present. If the Buyer is absent the carrier will leave an advice note in the letterbox (Bpost - DHL). It is then up to the Buyer to contact the carrier to agree on a new delivery date. If he fails to do so within 15 calendar days from the time the advice note was left, or if the Buyer is absent when the second delivery attempt is made, the Order will be automatically returned to the Seller.
At the time of delivery, the Buyer will receive a receipt with the following:
Identity and address of the company: Avenue Guillaume Herinckx 60, 1180 Bruxelles.
16. PRICE AND DESCRIPTION OF EACH ITEM
Arrangements regarding the right of withdrawal and a clause stating in bold print in a separate box from the text on the first page:
‘The consumer has the right to inform the company that he wishes to cancel the purchase, without penalties and without stating reasons, within 14 business days starting from the day after the goods are delivered or the contract for services is concluded.’
We deliver your orders via Bpost - DHL in all the countries.
Shipping costs include packaging, insurance, handling and shipping costs.
We advise you to group your items into a single order.
We should note that we cannot group together two separate orders, and should pay shipping costs for each.
Sent to you within 48 hours following receipt of payment.
17. RIGHT OF WITHDRAWAL & RETURN ARRANGEMENTS
Returns are accepted. If you find one of the items bought to be unsuitable, you have a period of 14 business days, starting from the day after delivery, to withdraw from the contract, without penalty and without stating reasons. The only cost that will be charged are the direct costs of returning the goods. The time limit for withdrawing from the contract is deemed to be observed if the notification provided it has been sent in writing or using a durable medium available to the recipient to whom he has access, is sent before expiry of a time limit of 14 days. You can return the goods in our offices. In that regard please contact us at: Customercare@4254sport.com
To exercise your withdrawal right please notify us of your decision of this present contract with a declaration stripped of any ambiguity. To do so please use the return form (present inside your package or downloadable on our website). This return form must include your order number in order to track your return package.
In case of failure to comply with this time limit, you will lose the right of withdrawal and cannot under any circumstances demand reimbursement of his purchase. If the buyer uses his right of withdrawal in accordance with the arrangements provided for the previous paragraph, we will reimburse the purchase price at the latest within 14 business days starting from receipt of the returned parcel on the same card used for payment.
We do not reimburse the shipping costs, which are directly paid to Bpost - DHL.
The exchange on our website in not allowed. Nonetheless, it is possible to arrange a visit to our showroom in order to change the item chosen. The buyer will not be allowed to practice his retraction right if the product delivered has obviously been used or has been deteriorated.
All sales articles or with a promotion code are final sale. If an article is faulty please contact us at: email@example.com.
Only defects linked to the production are motives for contestation.
The item must be returned in its original condition and with its label to the Seller’s registered office at Avenue Reine Marie Henriette 101, 1190 Bruxelles, accompanied by the original sales invoice and return sheet, otherwise goods will not be taken back or exchanged.
18. SELLER’S RESPONSIBILITIES
The Seller only enters into a contract to make best endeavors as regards every aspect of the contract.
Problems linked to the website host or website provider and any problems generally relating to the internet cannot under any circumstances be imputed to the Seller. Regardless of the cause of the damage incurred by the Buyer and assuming that the Seller is liable, the Buyer cannot claim an amount exceeding the sale price.
19. APPLICABLE LAW & DISPUTES
Relations between the Buyer and the Seller, including sales, are exclusively subject to Belgian law.
The Brussels courts have exclusive jurisdiction in the event of disputes between the Buyer and the Seller. Proceedings shall be conducted in the French language.