General terms and conditions of sale of the company Garage Passion applicable to consumers
Formation of the contract
The present general conditions define, without prejudice to the application of particular conditions, the respective obligations of the contracting parties on the occasion of sales carried out by our services, and apply to all our deliveries and services (hereinafter "products") ordered in writing or verbally by the customer, the "Consumer" in the sense of Book I of the Code of Economic Law.
By signing the agreement or the order form or by accepting the order confirmation, the customer expressly acknowledges that he has taken note of these general terms and conditions and has accepted them to the exclusion of all other conditions. The provisions which are not expressly derogated from remain applicable. The application of these general terms and conditions may only be modified by written agreement on our part and subject to a price adjustment.
Validity of offers
Our price offers, formulated as an indication, are valid for 15 days, subject to the availability of products.
Price
Prices are quoted in Euros, including VAT. Unless otherwise stipulated, they do not include transport costs which will be invoiced separately. Our prices are in principle not revisable, but we can however pass on to them the modifications of the rate of the V.A.T. which would intervene before the delivery date.
Controls
Any order placed with us is only binding upon us after our written confirmation. Changes made by the customer to his order form or to our offer will only be valid if we expressly accept them in writing. Except the legal exercise of the right of retraction, in case of unilateral cancellation by the cocontracting party of an order, beforehand accepted by GARAGE PASSION, we reserve ourselves the right to demand an indemnity equal to 30% of the total amount of the order. GARAGE PASSION commits itself to compensate the Consumer in the hypothesis where this one cannot execute the order according to the agreed terms.
Delivery times
The deadlines set for our services and/or deliveries are, unless otherwise agreed, only indicative.
Delivery, transport, reception, recovery
Except express derogation, products will be removed by the purchaser to the head office of the company GARAGE PASSION and/or other place designated by her.
Any anomaly or apparent damage must be mentioned on the transport document.
GARAGE PASSION reserves the right to take or not to take into consideration any written request of modification or cancellation of an order, or of a return of products. GARAGE PASSION reserves the discretionary right to take back the products against reimbursement of the price, under deduction of a contractual fixed indemnity of 30% of the selling price, of the dismantling and transport costs.
If the Client fails or refuses to take delivery of the ordered goods, we reserve the right to demand the execution of the contract or to consider, after prior formal notice, the contract as being automatically terminated. In the latter case, the Customer shall owe us, by operation of law and within eight days of the notification of such termination, a fixed compensation of 30% of the sales price.
Payment of the price, cancellation of an order
The invoicing prices are those in force at the time of the delivery and payable in advance or in cash, without discount, by bank transfer or by any other electronic means of payment (no check) at the head office of GARAGE PASSION.
Unless expressly waived, a deposit will be paid by the buyer when the order is placed.
Any delay of payment of an invoice, will automatically and without prior notice, at the expense of the party in default, the application of conventional default interest of 12% per year, from the date of the invoice, in addition to the payment of a flat-rate compensation of 12% of the amount of the invoice, with a strict minimum of 125.00 €.
In case of delay of payment, all the invoices, including those whose due date is not yet due, become payable, without formal notice, and authorize GARAGE PASSION to suspend immediately any delivery or service until the perfect payment of the arrears. Any dispute relative to an invoice will have to reach us by registered mail at the latest in the eight days following the date of invoice.
The right of withdrawal - Distance selling
Pursuant to Article VI.47 of the Code of Economic Law, our customers have a period of 14 days to withdraw from a distance contract, without having to give reasons for their decision, and without incurring any costs other than those provided for in Article VI.50, § 2, and Article VI.51. The Customer may withdraw from a distance contract without having to give reasons and without incurring any costs other than those provided for in Article VI.50, § 2, and in Article VI.51, provided that he notifies us of this in an unambiguous statement, at the latest within 14 calendar days from the day following the delivery of the goods and the conclusion of the service contract.
The withdrawal period expires after a period of 14 days:
(1) with respect to service contracts, from the day the contract is entered into;
(2) with respect to sales contracts, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the goods or:
(a) in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the last good
(b) in the case of the delivery of goods consisting of multiple lots or pieces, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the last lot or piece.
(c) in the case of contracts for the regular delivery of goods during a defined period of time, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the first good.
The burden of proof concerning the exercise of the right lies with the Customer, we invite you to contact us by mail, email, fax or other means of communication.
The purchaser will have to send back the products, complete, if possible in his original packing, to GARAGE PASSION, by all the means, at his own risks and dangers and at his own expenses.
The refund of payments received, including shipping costs, will be refunded, without undue delay in any case within 14 days from the day it is informed of your decision to exercise this right following the same means of payment. We will not refund any additional costs if you have chosen a delivery method other than the cheaper standard delivery method offered by the company.
By virtue of the law, GARAGE PASSION reserves the right to defer the refund until the recovery of the goods, or until you have provided the proof of shipment of the goods.
Will not be returned or exchanged:
- Incomplete items (missing parts, instructions and/or accessories);
- Electric scooters and other soft mobility devices (excluding bicycles) that have been used in wet weather;
The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties:
1° to perform the distance contract, or 2° to conclude the distance contract, in cases where the consumer has made an offer.
Installation, conditions of use and unloading of the Cleverlift®
Cleverlifts require, by virtue of their nature and characteristics, extreme vigilance and caution. The purchaser formally recognizes to have analyzed, in detail, and to have taken knowledge of the dimensions, the characteristics, all the technical specifications as well as the conditions of installation, use, and commissioning of the Cleverlift ® elevators and/or all other products marketed by GARAGE PASSION and available on simple request and / or consultable on the web site http://www.cleverlift.com and www.garagepassion.com.
The customer acknowledges that he has taken cognizance of the special conditions for unloading elevators and other heavy equipment, of the regulations and/or laws in force relating to the siting, installation, use, commissioning, transport, deliveries, handling and unloading of garage equipment.
In particular, the customer acknowledges that he has taken cognizance of the conditions of resistance and fixing to the ground, and the conditions required for the electrical installation of heavy equipment and elevators.
He acknowledges that he is aware of all the essential prerequisites relating to the installation site of the lifts (minimum height under the roof, horizontality of the ground, general flatness...). Unless expressly waived, the installation of our elevators requires a minimum of five hours of work provided that the ideal technical conditions are met: perfectly level and horizontal ground, clear and clean installation area...). Any assistance or work to level the columns due to the non-horizontality of the ground and/or adaptation due to the specificity of the installation site will be invoiced to the customer.
A form of "verification during the commissioning" will be supplied to the customer with each elevator (at the end of the installation manual) which must be duly filled and signed by the customer and sent back to GARAGE PASSION. If the above mentioned conditions are not fulfilled, GARAGE PASSION cannot be held responsible for any disorder(s) or accident(s) which could occur during the use of the Cleverlift®.
Warranty and responsibilities
In order to allow a quality after-sales service, we invite the customers to inform us of any defects of conformity or irregularity as soon as possible, in any case within 2 months at the latest from the day the consumer has noticed the defect.
In accordance with the applicable legal provisions, Garage Passion offers a legal guarantee for a period of two years from delivery and one year for professionals. The warranty covers any defects in conformity but in no case the improper use of the Product. This legal guarantee can only be implemented if the following conditions are met
- The defect renders the product, to a significant extent, unfit for the use for which it is usually intended or unfit for a special use expressly mentioned in the particular conditions of sale. Batteries being considered as consumables and having an estimated life span in "recharge cycles", a decrease in autonomy with time or according to circumstances (temperature, user's weight, ...) cannot be considered as a factor making the product unfit for the use for which it is usually intended. The product has been assembled and placed in an appropriate manner.
- The guarantee will not apply if the instructions for maintenance and use communicated at the time of delivery have not been respected, as well as in the event of modification, disassembly or repair by a person who is not professionally qualified.
In this case, GARAGE PASSION privileges the free repair or the replacement of the defective products. The purchaser will have to send back the nonconforming product to the head office of exploitation Avenue Albert Ier, 277 in 1332 Rixensart so that it is proceeded to its repair or to its replacement. We will bear the cost of returning the product to our premises and the cost of returning it in accordance with the legal requirements.
The Customer may, if repair or replacement is disproportionate or impossible, request a refund or reduction of the price. The reduction of the price cannot be requested if the Customer is not able to return the item in a correct state, resulting from a "good father of family" use.
The buyer acting for non-professional purposes benefits from the legal rights under the law of September 1, 2004 relating to the protection of consumers in case of sale of consumer goods.
In accordance with the article 1649 quater §2 of the Civil code, the consumer is held to inform the salesman of the existence of a defect of conformity within two months as from the day when the consumer noticed the defect. In no case GARAGE PASSION will be held of the other damages, direct and/or indirect, possibly undergone by the Customer. Are also excluded from the guarantee, all damages resulting directly or indirectly from any fault or negligence, even light, of the buyer. The responsibility of the product is excluded when the damage is caused jointly by a defect of the product and by the fault of the victim or a person for whom the victim is responsible. GARAGE PASSION cannot be held responsible for the material damages, physical, or others, caused by uses, handling, transport or storage not in conformity with the regulations and/or applicable laws.
It is expressly agreed between the parts that GARAGE PASSION could not be held of all the harmful consequences, direct or indirect, which could result because of the inadequacy of the places of installation.
For electric vehicles, the buyer acknowledges having read the legislation in force and undertakes to comply with it, in particular:
- Motorized devices such as gyro-wheels, gyro-skates and electric scooters are considered as "moving devices" by the Belgian Highway Code as long as they cannot exceed a speed of 25 km/h on a level road. Motorized vehicles exceeding 25 km/h on a level road may not be used on roads or in places open to public traffic.
- Electric bicycles offering assistance beyond 25 km/h are considered as mopeds. Their use therefore requires at least a class A driving license, a registration and specific insurance. Helmets are mandatory for this type of bike.
For scooters and electric vehicles, the information relating to speed, range and weight are purely indicative. These elements can indeed vary according to the mode of use, the conditions of use, the weight of the driver, the equipment and the options possibly embarked. The communicated information is information transmitted by the manufacturer and GARAGE PASSION cannot in no case be held responsible.
The batteries with which our scooter, gyro-wheel and gyroskate products are equipped have a life span that is expressed, in accordance with current professional practices and standards, in "recharge cycles" that are more or less important depending on their type: lithium batteries, nickel batteries, lead batteries specified by the manufacturers
Batteries are fragile components that are impacted by their use. The non-use of a battery causes a discharge. Prolonged discharge causes irreparable damage due to chemical reactions within the battery. Be sure to:
o Use the proper charger and adapter;
o Allow your batteries to cool before charging;
o Recharge your batteries regularly and never leave them completely discharged for more than three days;
o Remove the charger from the battery once recharged;
o Store your bicycle or other mobility device and its battery away from extreme temperatures or heat sources;
All our products equipped with batteries cannot be cleaned with a water jet or a high pressure cleaner. Electric scooters and other soft mobility devices (excluding bicycles) are not designed for use in the rain. Garage Passion reserves the right to refuse the warranty in the event that the batteries and other electronic components show signs of use in the rain or that water is the cause of the defect claimed by the client.
It is therefore strictly forbidden to use the above-mentioned equipment in rainy weather. Wearing a helmet is highly recommended.
Ownership and risk transfer
GARAGE PASSION keeps its property right on the sold goods until the complete payment of the price and its accessories (possible expenses, interests and penalties). Consequently, the customer expressly forbids himself to sell, transfer, give in pledge and, in general, to alienate the goods which are the object of the contract, before the settlement of his account. GARAGE PASSION will be able to take advantage of the present clause of property reserve eight days after the sending of a formal demand to pay, by registered letter with acknowledgement of receipt, addressed to the purchaser and remained without effect. The goods must then be immediately returned to the seller on request. The buyer will remain solely responsible for the loss of the sold goods, even by fortuitous event or force majeure.
Intellectual Property
The sale of products does not involve any right of use, assignment and/or transfer of intellectual property rights used by and/or belonging to GARAGE PASSION.
Force majeure
Are considered as causes of exoneration constituting force majeure, all the circumstances independent of GARAGE PASSION's will which have the effect of either delaying or making the delivery very difficult, such as, in particular: war, fires, floods, strikes, social unrest, accidents, insurrections, acts of authority, general lack of supply, energy restrictions, shortage. In these circumstances, GARAGE PASSION will have to establish neither the unpredictability or the irresistibility of the event, nor the impossibility of execution of the contract. The occurrence of one of the circumstances mentioned in the previous paragraph will be notified to the buyer without delay. Such notification shall not be grounds for rescission of the contract or for a claim for damages at the initiative of the buyer.
GARAGE PASSION reserves the right to terminate the agreement or to deliver goods in proportion to the purchase order to the extent that it will consider fair and practicable.
Jurisdiction and applicable law
The contract is exclusively governed by Belgian law. Any dispute and/or difference concerning the existence, interpretation and/or execution resulting from the present agreement will be submitted to the exclusive competence of the courts and tribunals of the Judicial District of Walloon Brabant (Nivelles), Belgium.
Integration
The present general conditions of sale and guarantee prevail over all other conditions, in particular any conditions of the buyer, even if these are communicated by the buyer last. The waiver by the Seller of a breach by the Buyer of any provision of this Agreement shall not automatically entail a waiver of any other breach, whether of the same contractual provision or not. In the event that a duly appointed arbitrator and/or court or tribunal declares any provision of this agreement to be illegal, void or unenforceable, the sole effect of such declaration shall be to deem the disputed provision unwritten without affecting the entire agreement.
Notifications
All notifications, except those provided for the exercise of the right of withdrawal, referred to in these terms and conditions must be sent, under penalty of inadmissibility, by registered mail to the Company's registered office.
Legal information
Registered office : - Chemin du Gros Tienne, 59 - 1380 Ohain, BELGIUM Operating office : G-Passion Concept Store - Avenue Albert 1er 277 - 1332 Genval, Belgium Company number: BE0895 497 466 - Bank: Belfius BE92 0682 4910 5323 Phone: +32 2 653 45 15 - FAX: + 32 2 653 43 15
