The following terms and conditions apply to the use of the Website QNTDIRECT.COM and to the sale of the products of the company QNT, registered under company number 0431.635.548 and whose registered office is at Technoparc Thudinie, 3, 6536 Donstiennes (Belgium).
I – GENERAL
I. These general conditions of sale apply to the relationship between the Purchaser and the Seller and more particularly (but not limited) to:
- The use of the Web Site as well as the interpretation of any and all term used in this Website.
- All orders, deliveries and purchases made online via the Websites of the Seller.
- The knowledge and understanding of the Seller's public statements or mass communications (i.e. advertisement)
The following actions from the Purchaser imply the unconditional and full acceptance of these general conditions:
- The visit on and the use of the Web Site;
- Any order, delivery and purchase placed with the Seller.
2. In these terms and conditions, the Seller shall mean QNT and the Purchaser shall mean any natural or legal person who visits the Website QNTDIRECT.COM and places an order or makes a purchase, whatever the location and means used to this effect. The Products refer to the Seller's products and services supplied or to be supplied by the Seller to the Purchaser; the Contract means any contract entered between the Seller and the Purchaser, being related to products; and Web Site refers to QNTDIRECT.COM.
3. All contracts are concluded on a personal basis between Purchaser and Seller and (except as noted below) may not be transferred or given away by either party to any third party without the written consent of the other. The seller is free to sell or transfer to any third party in any manner whatsoever, any claim, demand, right or guarantee he holds towards the Purchaser as per these.
4. The Seller is in all time entitled to refuse or to cancel an Order or to withdraw from a Sale in case of prior or pending litigation with the Purchaser. Furthermore, the Seller shall always have the right to contact the Purchaser to ascertain the accuracy of the Order or Sale.
5. These terms and conditions apply to all contracts and supersede the general terms of purchase of the Purchaser for all contracts. These terms and conditions prevail over any conflict between these general terms and conditions and the catalogues, Web Site, advertisements or other general communications from the Seller. Any reservation, modification, addition or deletion made to these terms and conditions will have no effect unless expressly agreed to in writing by an authorized representative of the Seller. Relaxations or concessions that may be granted by the Seller shall not have the effect to cancel, alter or prejudice, in whole or in part, the application of these conditions and will not affect the rights of the Seller.
6. The Seller shall be entitled to modify these terms and conditions at any time. The modified terms will come into force as of their first communication by any means whatsoever (e.g. Web Site), with the understanding, however, that they will not apply to any prior purchase, nor to an order already placed.
II – PRICE
1. Without prejudice to other conditions of sale set out below, the Products are charged at the rate in effect at the time the order is placed. Prices are incl. Belgian VAT and are subject to any other applicable tax or levy. 2. The Seller reserves the right to change prices in case of price display error. In the event that a local administration or any other competent authority, would establish, alter or abolish a tax or levy on the sale or delivery, the Seller may, at any time, adjust its prices accordingly. The Seller shall inform the Purchaser in writing. 3. Within the same order, the Purchaser who owns a Basic-Fit subscription cannot combine the benefits from this subscription to the discount codes provided by the Seller or an ambassador.
III - DELIVERY
1. Purchase orders shall become effective only upon acceptance of the order and receipt of payment by the Seller. No change to orders will be effective duly accepted by the Seller.
2. The date or period for delivery mentioned by the Seller in the Section Delivery shall be considered as indicative only and not contractually binding on the Seller. The parties acknowledge that, after confirmation or acceptance of an order with indication of a certain delivery time, due to some circumstances resulting from changes in the availability of products, the Seller may delay the delivery date. Such a delay cannot be considered a breach of contract and cannot therefore give rise to compensation, or termination or cancellation of all or part of the contract.
3. Transportation and any warranty shall be at the Purchaser's expenses, unless otherwise agreed in writing between the parties.
4. Immediately after delivery of the Products, the Purchaser shall inspect the products and notify the Seller in writing of any defect or non conformity within 2 working days as of delivery of the Products. The Purchaser's failure to give such notice shall constitute a waiver of any claims, rights or causes or action that may arise out of any such defect or non-conformity.
5. This provision does not prejudice the rights granted to the Purchaser within the framework of section 1649bis and subsequent sections of the Belgian Civil Code provided the Purchaser is a Consumer.
IV – RIGHT OF WITHDRAWAL
1. The Purchaser who isn't a Consumer does not have any right of retraction.
2. The Purchaser, in consumer sales, is entitled to withdraw from the contract and may claim the right of retraction without penalty or charges, other than the expenses related to the return of the goods to the Seller. The Consumer has in principle the right to cancel the purchase of the Products within 14 days as of the delivery of the Products. To exercise the right of retraction, the Consumer must inform the Seller of its decision to withdraw from the contract within the so prescribed period of 14 days by filling in, signing and returning the withdrawal form which can be downloaded here : http://economie.fgov.be/fr/binaries/Annexe_2_VI_et_XIV_CDE_formulaire_de_retractation_tcm326-275274.pdf. This form needs to be returned by email at email@example.com within the time allowed.
3. Should the Consumer return the Products on its own initiative, no transportation costs will be reimbursed by the Seller. The Consumer will, however, not have any right of retraction in cases referred to in section VI.53 of the Code of Economic Law and listed below:
3.1. when the Products are manufactured according to Consumer's requirements or clearly customized; 3.2. when the Products are liable to deteriorate or expire rapidly;
3.3. when the Products are sealed and cannot be returned for sanitary and health reasons, but have been unsealed by the Consumer after delivery.
4. According to section VI.51 paragraph 2 of the Code of Economic law, the Consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, qualities and functioning of the Products.
V - GUARANTEE
1. Unless otherwise agreed by the parties, the Seller guarantees that the products comply, under normal use, with the applicable specifications for the Products at the time of ordering those products. In this context, the legal warranty of conformity of Products applies.
2. The Purchaser waives all rights to guarantee against hidden defects that may arise the Products of the Seller.
3. Should any limitation on Seller's liability be held ineffective under applicable law, than Seller's liability, under the contract or in connection with the contract, shall in any event be limited to the minimum amount the purchase price as specified in Seller's pertinent invoice. The Seller shall in no event be liable for pre-contractual, special, indirect, incidental, or consequential damages.
4. Where instructed by the Purchaser to deliver the Products to a third party, the delivery thereof to the third party shall be deemed to have been approved by the Purchaser as fully complying with the contract. The non-conformity of the goods reported by a third party may give rise to the Purchaser's liability, with the exclusion of that of the Seller.
VI - PAYMENT
1. The Purchaser shall proceed with the payment of Products immediately upon placing the order through on of the Seller's websites.
2. Unless the Seller shall, within 15 days as from the date of the invoice, receive from the Purchaser written notice, the invoice shall be deemed to have been accepted by the Purchaser as accurate and due in full.
VII - RETENTION OF TITLE
1. Notwithstanding the delivery of the Goods, the Seller will retain the title in the Products until full payment of the purchase price of the products by the Purchaser and more generally until payment of all sums due by the Purchaser to the Seller.
VIII - FORCE MAJEURE
1. The Seller shall not be held responsible for delays or lack of delivery caused (directly or indirectly) by force majeure, even if the cause of such event has existed on the date of the order by the Purchaser or has occurred after the delivery by the Seller has been delayed for other reasons.
IX - INTELLECTUAL PROPERTY AND PRIVACY
1. Using the web service QNTDIRECT.COM is for personal use only.
2. The Seller reserves full, entire and exclusive ownership of various data transmitted under these agreements under the Act of 31 August 1998 transposing into Belgian law the European Directive of 11 March 1996 on the legal protection of databases.
3. All trademarks, texts, comments, materials, illustrations and images, whether visual or audio, contained on the Seller's Web Site are protected by copyright law, trademark law, patent law and to image right law. They are the full property of the Seller or its subsidiaries or affiliates.
4. Any reproduction, in whole or in part, constitutes infringement that may cause civil and criminal liability of the offender. Total or partial reproduction of the catalog of the Seller is strictly prohibited.
5. The Seller reserves the right to collect data about the user, including order processing, shipment of products, electronic mail, regular mail or postings for advertising or other purposes, the processing of credit card payments and customer service. However, the user has a right to access and correct his data.
X - RESERVE WITH REGARD TO PHOTOS, CHARACTERISTICS, INFORMATION AND PRICE
The Seller will make every effort to ensure that the information and the prices indicated on the Websites are accurate and without errors. However errors sometime occur. In such event, the Seller shall not be forced to conclude the agreement ensuing from the error of display.
The Seller reserves reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time Photos and other illustrations used to present articles have no contractual value.
XI - LIMITATION OF LIABILITY
The Seller shall have no liability to the Purchaser for any direct or indirect consequential damage to the Purchaser's equipment or hardware resulting from the use of the Websites. The Seller shall have no liability if the Websites are unavailable at any time for any reason.
The Seller is committed to describe as faithfully as possible all the products on the Website by by giving the product's name, description, price and/or other details. The Seller shall not be held liable for direct or indirect consequences of any material or typing error or any other error or any negligence with regards to the information published on the Website.
XII - LEGISLATION AND JURISDICTION
1. The relation between the Purchaser and the Seller is subject to the Belgian law.
2. If one or more provisions of these conditions is found to be invalid or unenforceable, the remainder of any such provision shall continue in full force.
3. Any dispute arising from or in regards to a contract shall be submitted exclusively to the competent court of the judicial district in which QNT Company has its registered office. The language of the proceedings shall be French.
XII – ONLINE DISPUTE RESOLUTION
According to the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the Consumer can go to the online platform to resolve a dispute arising from a purchased Product: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR