Terms and conditions.
Article 1: GENERALITIES
1.1 These general conditions relate to the use of the QNTSPORT.COM website and the sale of products from the public limited company QNT, registered under the business number 0431.635.548 and whose registered office is located at Technoparc de Thudinie, 3, 6536 Donstiennes (Belgium).
1.2 Access and use of this site (the site refers to QNTSPORT.COM) as well as the products and services available are subject to the terms and conditions presented below. By using this site, the customer accepts these terms and conditions.
1.3 These general conditions apply to the entire relationship between the Buyer and the Seller, (the Seller refers to QNT and the Buyer refers to any natural or legal person who visits the QNTSPORT.COM site and places an order or makes a purchase, regardless of the location and means used for this purpose) more specifically (but not limited to):
- The visit and use of the site as well as the interpretation and scope of all the mentions contained on this site
- All orders, deliveries, and purchases made online via this site
- The knowledge and interpretation of public communications from the Seller (whether they are of an advertising nature or not).
The following actions by the Buyer imply the unconditional and total acceptance of these general conditions:
- The visit and use of the website
- Any order, delivery, and purchase from the Seller.
Article 2: CONTRACT
2.1 These general conditions apply to all contracts (the contract refers to any contract concluded between the Seller and the Buyer, this being related to the products) and take precedence over the Buyer's general purchasing conditions for all contracts. No deviation from these general sales conditions will be accepted without written confirmation from the seller.
2.2 Any contract is concluded intuitu personae between the Buyer and the Seller and (with the exception of the provisions below) cannot be transferred or assigned by either party to a third party without the written agreement of the other. The Seller is free to assign or transfer to any third party, in any manner whatsoever, any claim, demand, right, or guarantee that he holds on the Buyer under these terms. However, the assignment cannot result in a reduction of guarantees for the consumer, without the latter's agreement.
2.3 Any leniency or concessions that may be granted by the Seller cannot have the effect of canceling, prejudicing, or altering, in whole or in part, the application of these conditions and cannot affect the rights of the Seller. The Seller is free to modify these general conditions at any time. They will apply as soon as they are first communicated by any means, provided, however, that this cannot imply that the new contractual conditions apply to a purchase already concluded, to an order already placed.
Article 3: ORDERS
3.1 The Buyer is given the opportunity to place an order for various products that differ in their characteristics and prices. The characteristics of the products are those stated in the Seller's specifications as of the date of the Buyer's order.
3.2 As the Products sold by the Seller are subject to change, the Seller may at any time modify their characteristics or components for any reason or remove a Product from its catalogs and/or commercial documents. These changes may occur at any time, including after the Buyer's order, if these changes result from the application of standards, texts, or legal regulations of any kind applicable to the Products. In such a situation, the Seller will inform the Buyer by any means.
3.3 Viewing the cart provides an overview of all the products included in the order. After accessing the payment section, the Buyer will be asked to enter the necessary information for shipping and to choose a payment method. Before finalizing the order, a summary of all information related to the order will be presented to them. By clicking the "order" button, the ordering process will be finalized, and the order recorded.
3.4 By sending the order, the Buyer makes a firm proposal to conclude a purchase contract for the products contained in the cart. Sending the order confirms that the customer accepts these sales conditions as the only valid ones governing their relationship with the seller.
3.5 Any order received by the Seller will only become final after confirmation by means of an order acknowledgment.
3.6 All information provided by the Buyer when entering data related to their order is binding on them. The Seller cannot in any case be held responsible for errors made by the Buyer in the wording of the recipient's contact details of the order (delivery address, billing address...) and the delivery delays or the impossibility of delivering the ordered products that these errors could generate.
Article 4: PRICES
4.1 Without prejudice to the other sales conditions set forth herein, products are billed at the rate in effect on the day of the product order. Prices are inclusive of Belgian VAT and are subject to any other applicable tax or levy.
Article 5: DELIVERY
5.1 The Buyer's orders will only be effective after acceptance of the order and receipt of payment by the Seller. No modification of orders will be effective without the express authorization of the latter.
5.2 The delivery times indicated by the Seller in the delivery section are to be considered as indicative and are not binding. Both parties acknowledge that certain circumstances beyond the Seller's control may result, after confirmation or acceptance of an order with an indicated delivery time, in changes in product availability, which may require the Seller to delay the expected delivery date. Such a delay cannot be considered a breach of contract and therefore cannot give rise to compensation, or the dissolution or cancellation of all or part of the contract unless the failure to deliver persists beyond one month from the date of a formal notice sent to the seller.
5.3 Transport costs and any warranty fees are the responsibility of the Buyer, unless expressly and in writing agreed upon between the parties.
Article 6: CUSTOMS DUTIES
6.1 Any order placed on the site and delivered outside of Belgium may be subject to potential taxes and customs duties that are imposed when the package reaches its destination.
6.2 These customs duties and any potential taxes related to the delivery of an item are the customer's responsibility and fall under their liability. QNT is not obligated to check and inform its customers about applicable customs duties and taxes. To find out, it is the customer's responsibility to consult with the competent authorities in their country.
Article 7: RIGHT OF WITHDRAWAL
7.1 The Buyer who is not a Consumer has no right of withdrawal in any case.
7.2 The Consumer Buyer generally has the right to withdraw from the distance contract and may exercise this right without penalty or cost, other than the cost of returning the goods to the Seller. The customer has the right to cancel the purchase of the products within 14 days from their delivery. To do so, the customer will make the request to QNT within the specified period.
7.3 If received products are defective or do not conform to the order, it is the customer's responsibility to notify QNT within 2 months from the receipt of the order using this form. Otherwise, the order will be considered as conforming to the order.
7.4 QNT will only accept returns of products that are intact and in their original state and packaging. Products that are opened, damaged, or soiled by the customer will neither be refunded nor exchanged.
7.5 It is the customer's responsibility to keep all proof of return, which means that the items must be returned by registered mail or by any other means providing a definite date for this shipment.
7.6 In case of an error in the communication of delivery data, QNT will not be held responsible. If the customer refuses the package, the return shipping costs will apply.
7.7 Returns should be made to the following address:
QNT - Customer Service
Technoparc de Thudinie, 3
6536 Donstiennes, Belgium
Phone: +32 71 534 811 Fax: +32 71 534 809
7.8 If the Consumer Buyer returns the Products on their own initiative, any transport costs will not be refunded by the Seller. However, the Consumer Buyer will have no right of withdrawal in the cases referred to in Article VI.53 of the Economic Law Code and listed below:
- In the case of Products made to the consumer's specifications or clearly personalized
- In the case of Products that may deteriorate or expire rapidly
- In the case of sealed Products that cannot be returned for reasons of health or hygiene protection and have been unsealed by the consumer after delivery.
7.9 Under Article VI.51 paragraph 2 of the Economic Law Code, the consumer's liability is only engaged for the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these goods.
7.10 In case of withdrawal or return for non-conformity under the conditions established above, the Buyer may, at their choice, be refunded in money or by voucher usable on the site.
Article 8: WARRANTY
8.1 Unless otherwise agreed between the parties, the Seller warrants that the Products are, under normal use, in compliance with the specifications in force for the concerned Products at the time of the Products' order. In this context, the legal warranty of conformity applies to the Products.
8.2 Professional Buyer: Any denunciation of an apparent defect or a lack of conformity affecting the delivered Products must be notified to the Seller within seven days of the Products' delivery. The receipt of the Products by the Buyer or their agents has the effect of covering any apparent defect that could have been observed at the time of delivery. Any denunciation of a hidden defect in the delivered Products must be notified to the Seller within fifteen days of the Buyer's discovery of these defects or from the moment they could reasonably have discovered them.
Any legal action related to hidden defects must be initiated within 30 running days from the discovery of the defects by the Buyer, or from the moment they could reasonably have discovered them, or from the day of the failure of negotiations for an amicable arrangement. Consumer: The Buyer has legal rights under the provisions governing the sale of consumer goods, which are not affected by this warranty. This article serves as a warranty under Article 1649 quater § 3 of the Civil Code.
Any defect or damage to the material or packaging must be indicated by the buyer at the time of delivery on the invoice or any other document provided at that time, failing which the seller cannot intervene. Hidden defects must be communicated to the Seller by registered letter within two months from the day the Buyer becomes aware of them. The Seller's warranty can only be engaged if the Seller has committed a serious or intentional fault. It is limited exclusively to either the replacement of defective Products or the refund or reduction of the invoiced price, under the conditions set by Article 1649quinquies of the Civil Code and without any other compensation. In case of a refund, the damaged material is returned to the Seller if the Seller requests it.
8.3 Without prejudice to cases where the law does not allow for a limitation of liability, the Seller's total liability, whether contractual, extra-contractual, or otherwise, under or in connection with the contract, will be limited to the amount of the invoice related to the Products subject to the claim. The Seller can, under no circumstances, be held liable for pre-contractual, special, indirect, incidental, or consequential damages.
8.4 If the goods transmitted by the Seller are intended for a third party, the transmission of these to the third party will carry the Buyer's agreement as to the approval of the delivered Products; the non-conformity of the goods denounced by a third party can only result in the liability of the Buyer to the exclusion of that of the Seller.
Article 9: PAYMENT
9.1 The Buyer will proceed with the payment of the products immediately at the time of placing the order on the Seller's website.
9.2 The Buyer is deemed to have acknowledged the invoice as accurate and acknowledged their debt if they have not contested the invoice in writing within fifteen calendar days following the date of the invoice.
Article 10: RETENTION OF TITLE
10.1 Notwithstanding the delivery of the products, the Seller will remain the owner of the products until the complete payment of the price of the products by the Buyer, as well as until the payment of any other sum due by the Buyer to the Seller.
Article 11: FORCE MAJEURE
11.1 The occurrence of any event, such as notably, any interruption of production, transport, or delivery, strike, lock-out, embargo, war, terrorist attack or consequences of an attack, shortage of raw materials, epidemic, bad weather, and more generally, any event of a similar nature affecting the parties or their supplier and delaying or making impossible the execution of their respective obligations, suspends the execution of their respective obligations. The party invoking such an event will notify the other party as soon as possible of proof of its occurrence. The execution of its obligations will be suspended until the notification of the end of the event, it being understood that neither party may claim any compensation from the other party. The parties will make every effort to reduce the difficulties and/or damages caused.
Article 12: INTELLECTUAL PROPERTY AND PRIVACY
12.1 The use of the QNTSPORT.COM web service is reserved for strictly personal use.
12.2 The Seller retains full, complete, and exclusive ownership of the various data transmitted within the framework of these agreements under the Law of August 31, 1998, transposing into Belgian law the European directive of March 11, 1996, concerning the legal protection of databases.
12.3 All trademarks, texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the Seller's website are protected under copyright, trademark law, patent law, and image rights. They are the full and entire property of the Seller or its partners.
12.4 Any reproduction or representation, in whole or in part, constitutes counterfeiting that may engage the civil and criminal liability of its author. Any total or partial reproduction of the Seller's catalog is strictly prohibited.
12.5 The Seller reserves the right to collect data on the user, in particular for the processing of orders, the shipment of Products, the sending of postal or electronic mail for advertising or other purposes, the processing of credit card payments, and customer service. However, the user has a right of access and rectification of data concerning them.
Article 13: RESERVATION REGARDING PHOTOS, FEATURES, INFORMATION, AND PRICES
13.1 The Seller will make every effort to ensure that the information and prices indicated on the site are faultless and error-free. However, the Seller cannot exclude that errors occasionally slip into communication. In such cases, the Seller cannot be forced to conclude the agreement resulting from the display error. In the event of an error in the information or prices indicated on the site, which requires a modification thereof, the Buyer has the option, before the new price or new conditions apply, to terminate the contract without costs or damages.
13.2 The Seller reserves the right to adapt at any time the information, prices, or features indicated for the proposed item, except after the Buyer's purchase or Order. The photos and other illustrations used to present the items have no contractual value.
Article 14: LIMITATION OF LIABILITY
14.1 The Seller is in no way responsible for any direct or indirect damage to the Buyer's installation or computer equipment resulting from consulting the site. The Seller disclaims all liability in the event of interruption, even temporary, of the services offered on and via its site. The Seller disclaims all liability in the event of indirect damage.
14.2 The Seller undertakes to describe as faithfully as possible all the products on the site using the item label, its description, the price, and/or other data. The Seller cannot be held responsible for the direct or indirect consequences of a material error, a typographical error, or any other error or involuntary negligence relating to the information disseminated on the site.
Article 15: APPLICABLE LAW AND COMPETENT COURTS
15.1 The relationship between the Buyer and the Seller is subject to Belgian law.
15.2 The nullity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. If necessary, the parties undertake to replace the null or inapplicable clause with a valid clause that is economically closest to the null or inapplicable clause. The fact that the seller does not avail himself of these general conditions of sale at a given time cannot be interpreted as a waiver of availing himself of them later.
15.3 Any dispute arising from a contract or in relation to it will be submitted exclusively to the competent court of the judicial district in which the QNT company has established its registered office, and in the French language.
Article 16: ONLINE DISPUTE RESOLUTION
16.1 In accordance with Regulation (EU) No. 524/2013 on online consumer dispute resolution, the Buyer may use the following platform to resolve a dispute in case of a problem with a purchased product https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.
In the event of a dispute concerning the interpretation of the various texts of the general conditions, the French text takes precedence.
Updated on 10/05/2023 at 10:30 am