GENERAL SALES CONDITIONS
1 - SCOPE OF APPLICATION
2 - ORDER
3 - SELLING PRICE – PROMOTIONAL CAMPAIGNS
4 - PRODUCT AVAILABILITY
5 - PAYMENT
6 - SHIPMENT
7 - DELIVERY
8 - RETENTION OF TITLE – TRANSFER OF RISKS
9 - WITHDRAWAL RIGHT
10 - GUARANTEE
11 - LIABILITY - FORCE MAJEURE
12 - PROTECTION OF PERSONAL DATA
13 - NEWSLETTER
14 – INTELLECTUAL PROPERTY
15 - COMPLETENESS
16 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
APPENDIX 1 – WITHDRAWAL FORM
1 - Scope of application
These general sales conditions govern all the relations between the company STAY FOCUS SPRL, BE 0635.675.543, 5, avenue de l’Artisanat, 1420 Braine l’Alleud, phone: 02/386.42.50, email: firstname.lastname@example.org, party of the first part, referred to hereafter as “STAY FOCUS” and the non-commercial, natural persons of full age and capacity, wishing to make a purchase via the STAY FOCUS, www.stayfocus.com website, referred to hereafter as “the Customer”, party of the second part.
They apply to all the products proposed in the STAY FOCUS electronic catalogue.
Every order constitutes acceptance of these general sales conditions without limitation or qualification. These general sales conditions exclude all general conditions mentioned in documents issued by the customer, even if those documents have a later date, and take precedence over any other previous version.
STAY FOCUS reserves the right to change these general sales conditions at any time without personally notifying every customer. The customer is therefore requested to come and consult the site regularly, in order to stay informed of the most recent changes. The general sales conditions applicable to each order shall be those in force at the time of placing the order.
These general sales conditions apply for the entire period during which products offered for sale are made available online by STAY FOCUS.
2 - Order
Any order may be made only via the Internet on this site.
The essential features of each article are described on the appropriate pages of the site.
The offers are valid as soon as they are presented on the site and are available while stocks last, unless otherwise indicated on the site. These offers shall not be binding and are subject to purchase.
The customer is expressly informed that every order involves the prior commitment to pay the said order. The customer will be systematically reminded of this payment obligation at the time of validating his or her order.
STAY FOCUS does not accept orders :
The order may only be registered on the site if the customer has been clearly identified by entering his or her e-mail address and password.
New customers who have never ordered from the site must create an account previous to any order by entering their surnames, first names, postal address and e-mail, together with a (personal and confidential) password containing from 4 to 10 characters. The customer undertakes to provide true and accurate information and to inform STAY FOCUS of any change concerning them.
The customer may change his shopping basket at any time throughout the order process, until final validation which will finalise the sales agreement between STAY FOCUS and the customer.
By proceeding with an order, the customer irrevocably accepts that the input of data after the insertion of his or her identifier and password shall be deemed proof of his or her identity and the terms and conditions of shipment, delivery and invoicing.
As soon as his or her order has been registered, detailed acknowledgement of receipt of the order shall be sent to the customer’s e-mail address. STAY FOCUS recommends that the customer should keep a paper or electronic record of the information contained in that order confirmation.
Each order may not exceed an amount of EUR sur le site Stay Focus 500 Inclusive of all taxes. The customer my contact us directly if he or she wishes to order for an amount greater than 500 euro, by e-mail : email@example.com or by fax : 02/384.13.47
STAY FOCUS reserves the right to refuse or cancel any order from a customer with whom there might be a dispute concerning payment of a previous order, in the event of suspicion of fraudulent intent, if products are improperly returned, if it is stated that a person provides fictitious data on several occasions, if STAY FOCUS states an abnormal order quantity – possibly in several purchase orders – which exceeds a strictly personal use, with these mentioned by way of illustration.
If an order is not accepted by STAY FOCUS, STAY FOCUS notifies the customer of it by electronic mail within 30 days of receipt of the order.
3 - Selling price – Promotional campaigns
Prices are indicated in euro inclusive of all taxes, exclusive of shipping, packing and delivery expenses.
They take account of VAT applicable on the day of the order subject to possible error or a change in the VAT rate.
The price does not include costs related to the use of means of communication. The customer bears the cost of any necessary equipment, including a computer and its accessories necessary for establishing a connection, together with the cost of all telecommunication service fees related to such access.
STAY FOCUS reserves the right to apply the correct price on the basis of the prices in force at the time of registration of the customer’s order or to cancel an order unilaterally, if it appears that the indicated price and / or the description of the product(s) together with any related options are wrongly indicated on the website as a result of technical failure or human error.
STAY FOCUS reserves the possibility of conducting promotional campaigns over given periods.
The product offers proposed on the site are valid only within the limit of available stocks.
Information about the availability of products is provided at the time of the placing of the order by the customer. An unavailable product is indicated as such.
A product may become unavailable between the time it is added to the basket and validation of the order by the customer. Adding a product to the basket is therefore not considered as final validation of the order.
5 - Payment
All the orders are payable in euro; no other currency will be accepted by STAY FOCUS.
The price is payable cash on order, by one of the following two payment methods :
(1) Bank transfer: all the information for effecting the transfer will be displayed at the time of confirmation of the order. The order on STAY FOCUS will then be registered and the customer is requested to effect a bank transfer to STAY FOCUS for the amount of the order – to the order of STAY FOCUS– according to these details :
Bank account number: ING BE84 3631 5027 4359
STAY FOCUS followed by the order number shall be indicated in the payment reference. The order will be processed as soon as payment of the amount of the transfer has been received on the bank account of STAY FOCUS.
(2) Payment by PayPal: the customer may pay on line, simply and securely, directly with his or her credit card or by the balance in his or her PayPal account. At the time of confirmation of the order, the customer will be automatically redirected to the site www.paypal.com where all the necessary information will be indicated for making his or her purchase. The order will be processed as soon as payment is received.
6 - Shipment
The orders placed (and the payment collected) from Mondays to Thursdays before 10 a.m. will be shipped the same day. The orders placed (and the payment collected) from Mondays to Thursdays after 10 a.m. will be shipped the following day. The orders placed (and the payment collected) from Friday 10 a.m. to Sunday midnight will be shipped the following Monday. The orders placed (and the payment collected) on a public holiday will be shipped on the next business day. There are no shipments on Saturdays, Sundays and public holidays. These shipping times are valid only for orders paid by banker’s card. Should payment be made by bank transfer, the order will be processed and shipped on the day following the day of receipt of payment in full.
All of the aforementioned times are valid only for the products available in stock and exclusive of any technical incident affecting the STAY FOCUS computer network not allowing it to process the orders within the announced time frame.
7 - Delivery
Delivery time is from 3 to 10 days after the order has been placed and validated on the site. The time is merely indicative.
The products ordered by the customer will be delivered to the address indicated by the latter at the time of order. It is the customer’s responsibility to check the accuracy of the information provided before validation of the order. If an error occurs, STAY FOCUS may not be held liable should it be impossible for it to deliver the order or for the customer to collect the order.
Should the delivery of goods be deferred, STAY FOCUS reserves the right to change their selling price. That selling price will be changed if the purchase price, the duties, the taxes or the deductions that STAY FOCUS has to pay have been changed between the date of acceptance of the order and the scheduled delivery date. Nevertheless, STAY FOCUS will neither adjust nor modify its profit margin.
Delivery costs are not included in the price.
Unless specifically excluded, the customer may opt for one of the following delivery methods in Belgium:
If necessary, the customer will take steps to report to the collection point and pick up his or her parcel, on presentation of valid proof of identity and against signature.
Except in specific cases or unavailability of one or more articles, the ordered products will be delivered at one time.
In the event of delivery to the post office, the order is deemed to have been delivered as from the time the information is communicated to the customer that he or she may pick up the consignment at the post office on presentation of his or her identity card and against signature.
Any overdue deliveries may not give rise to any compensation.
If the ordered products were not delivered within 30 days of the sending of the order by the customer, for any reason other than force majeure, non-performance due to a technical cause or any other cause beyond its control, the customer will set STAY FOCUS an additional delivery time adapted to the circumstances or may ask for the sale to be cancelled. The sums paid by the customer will then be immediately refunded to the customer, to the exclusion of any compensation or deduction.
8 - Retention of title – Transfer of risks
By way of derogation from Article 1583 of the Civil Code, STAY FOCUS retains sole ownership of the ordered items until the customer has paid the price in full.
This retention of title does not preclude the transfer of risks (loss, damage, etc.) to the Post Office as soon as the goods have been dispatched by STAY FOCUS, and then to the customer as soon as the latter has received them or taken possession of them.
9 - Withdrawal right
In accordance with the applicable legal provisions, the customer has a withdrawal period of fourteen (14) calendar days from the day when the customer, or a third party appointed by the customer (other than the carrier), physically takes possession of the products concerned, to inform STAY FOCUS of his or her decision to withdraw.
If that deadline expires on a Saturday, a Sunday or a public holiday, the period is extended until the first working day thereafter.
In order to withdraw, the customer can :
The products shall be returned at the customer’s expense, by the Post Office, to the address indicated below, without undue delay and, in any case, fourteen (14) days at the latest after the customer has notified his or her decision to withdraw.
STAY FOCUS SPRL
Avenue de l’Artisanat 5
1420 Braine l’Alleud
The customer is responsible for the depreciation of the value of the products resulting from handling other than handling necessary for ascertaining the nature and the characteristics of those products. The items returned incomplete, opened, spoiled, damaged or dirty, to the extent that they are unsellable because they have been depreciated, will not be refunded.
Goods sent back “postage paid by the recipient” or “cash on delivery” will be refused. The customer is free to take out or not to take out insurance coverage for loss, theft or damage, since STAY FOCUS is not liable for any non-receipt of the customer’s parcel.
Return costs and risks will be borne entirely by the customer.
Products returned and deemed acceptable will be refunded by crediting the customer’s banker’s card or by transfer to the bank account and to the delivery address indicated by the customer, according to the initial means of payment, as soon as the returned products have been received and within fourteen (14) days at the latest.
The return of all the ordered products will give rise to the full refund of the amount paid by the customer, i.e. the amount of the invoiced products and the initial delivery costs. The return of a part of the ordered products will give rise to the refund of the product(s) concerned. Since carriage costs depend on the number of ordered items, they will be refunded in proportion to the returned items. In any case, no refund is made in cash.
In the event of abuse of returns, STAY FOCUS reserves the right to refuse any subsequent order.
In the event of delivery error by STAY FOCUS (missing products, wrong items), the customer shall contact the sales department beforehand at the address indicated above. After checking by the latter, the customer will send the products back at STAY FOCUS’s expense and STAY FOCUS will redeliver the right product(s) free of charge.
10 - Guarantee
All the items are carefully inspected before being shipped. The customer is required to check the condition of the delivered products.
STAY FOCUS guarantees the conformity of its products only up to the expiry date indicated on each package and may not be held liable for their deterioration once that date has expired. The guarantee is excluded in particular, when the product is wrongly used, not in accordance with its intended purpose and/or with STAY FOCUS’s instructions, or when the defect is due to external causes or abnormal phenomena, or when the product is not kept in proper conditions.
Any claim shall be admissible only if it is accompanied by proof of payment.
11 - Liability – Force majeure
The products are manufactured in accordance with national and European legislation in force.
The customer is solely liable for the choice of the products, for keeping them in proper conditions and for their use.
The photographs, illustrations and descriptions accompanying the products on the website are not contractually binding and STAY FOCUS may not therefore be held liable if an error occurs.
STAY FOCUS has only a best efforts obligation, for all the stages of access to the site, the order process, delivery or subsequent services. STAY FOCUS may not be held liable for any inconveniences or damage inherent in the use of the Internet network such as site access and web browsing speed, data losses, intrusion, viruses, suspension or inaccessibility of the service.
The effect of fortuitous events or cases of force majeure, i.e. any unforeseeable and compelling event beyond STAY FOCUS’s control, as defined by legislation or the Courts, is to suspend STAY FOCUS’s contractual obligations.
In any case, STAY FOCUS’s contractual or quasi-delict liability is limited to the refund of the order price and may not give rise to any compensation.
12 - Protection of personal data
The Customer’s attention is specifically drawn to the data which are required and processed for the fulfilment of the customer’s order and for any direct marketing operation. The identifier undertakes not to usurp any other person’s identity or to use a false name.
STAY FOCUS complies with the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data (Privacy Act) via the Site and contained in STAY FOCUS’s files.
Under the provisions of that Act, every purchaser has the right to consult, delete, change or rectify his or her data. Consultation, deletion, modification or rectification by the purchaser can be done via the Site by clicking on the “My Account” menu and by entering the customer’s Identifier and password.
The Internet user is invited to consult the public register updated by the Privacy Commission (Ministry of Justice).
13 - Newsletter
If the customer agrees so, at the time of the creation of the customer’s account or subsequently at any time, the customer will receive promotional offers through the newsletter. It is possible for the customer to unsubscribe at any time by writing to the company STAY FOCUS SPRL, at 5, avenue de l’Artisanat, 1420 Braine l’Alleud, email : firstname.lastname@example.org or fax: 02/384.13.47, by indicating his or her surname, first name, postal address and e-mail and customer’s number, or by clicking on the link provided for that purpose present in the newsletter.
14 - Intellectual property
All texts, comments, magazines, illustrations et and pictures presented on the website are protected by copyright and related rights, and by each right regarding intellectual property. Any reproduction of STAY FOCUS’s website or catalogue, in whole or in part, is strictly prohibited.
15 - Completeness
If, for any reason whatsoever, one of the provisions of these general sales conditions should be declared void or unenforceable, such determination shall not affect the validity and enforceability of any remaining general conditions, and the provision held to be void or unenforceable shall then be replaced by the closest possible provision.
These general conditions are published in French, Dutch and English. In the event of dispute or variance among the different language versions, the version in French shall take precedence.
16 - Applicable law and attribution of jurisdiction
All the agreements concluded between STAY FOCUS and its customers are solely governed by Belgian law. The language of proceedings is French. The Courts of Walloon Brabant, Nivelles section, shall have sole jurisdiction in any dispute concerning the existence, the enforcement and/or the interpretation of these general sales conditions and breach of contract and its consequences.
In accordance with the legal provisions in force, you are entitled to withdraw without giving any reason within fourteen (14) calendar days(1) of the day of delivery of the product or products concerned.
If you wish to assert your right of withdrawal when you have made your order on www.stayfocus.com, you have to notify your withdrawal decision by means of :
Your refund(2) will be sent to you within fourteen (14) days of receipt of the returned products or proof of their return.
Reminder of withdrawal conditions :
STAY FOCUS SPRL
Avenue de l’Artisanat 5
1420 Braine l’Alleud
(1) If that deadline expires on a Saturday, a Sunday or a public holiday, the period is extended until the first working day thereafter.
(2) The return of all the ordered products will give rise to the full refund of the amount paid by the customer, i.e. the amount of the invoiced products and the initial delivery costs. The return of a part of the ordered products will give rise to the refund of the product(s) concerned. Since carriage costs depend on the number of ordered items, they will be refunded in proportion to the returned items.
(3) The customer is responsible for the depreciation of the value of the products resulting from handling other than handling necessary for ascertaining the nature and the characteristics of those products. The items returned incomplete, opened, spoiled, damaged or dirty, to the extent that they are unsellable because they have been depreciated, will not be refunded.
(Please fill in and return this form only if you wish to withdraw) :
For the attention of STAY FOCUS SPRL, BE 0635.675.543, 5, avenue de l’Artisanat, 1420 Braine l’Alleud, email : email@example.com or fax: 02/384.13.47.
I, the undersigned: Surname: ____________ First name: ____________ Postcode: __________ declare that I exercise my withdrawal right, in accordance with the legal provisions in force, for the order :
Invoice number: ____________ Invoice date: __________ Delivery date: __________ for the following items (columns 1 and 2 of the table) and for the indicated quantities (column 3) :
Date: ___(Day)___(Month)___(Year) in________ Signature :