I. Object

This contract is entered into between S.A. PARCLES, with registered office in 1000 Brussels, rue Charles Buls 6, inscribed in the Trade Register of Brussels under number 617 822, V.A.T. number 437 147 821, telephone 02 512 04 94, fax 02 502 52 86, and the Customer as part of a system of mail order selling.

II. Order

Any delivery of products from S.A. PARCLES requires prior filling in of a purchase order. The contract is reputed as entered into upon its acknowledgment by S.A. PARCLES in the form of an e-mail.

III. Price

1. The price is given in EUR, exclusive of V.A.T., and exclusive of any participation to the delivery costs.

For orders shipped outside of the European Union, the price is calculated free of taxes. Customs duties or other local taxes or import duties or State taxes are likely to be levied. Such amounts are not taken charge of by S.A. PARCLES. They will be charged to the consumer’s and are the latter’s full responsibility in terms of returns as well as of payment to the competent authorities and bodies of the relevant country.

2. S.A. PARCLES reserves the right to modify the prices at any time. The products will however be invoiced on the basis of the tariffs in force at the time of taking down of the orders, subject to availability.

IV. Legal commitment / Evidence

1. The Customer who clicks on the “validate” button declares to accept the order process as well as the entirety of these conditions of sale.

2. Generally speaking the parties accept any electronic means of evidence within the framework of their relationships (e-mail, back-up, …)

3. The parties agree that the data recorded by S.A. PARCLES are the evidence of all transactions entered into on the site by the customers. The data recorded by the payment system demonstrate the existence of the financial transactions.

V. Payment / Clause of reserve of property

1. Payment of the purchases occurs only through the following credit cards: American Express, Visa, Eurocard Mastercard, JCB and Diners Club. The accepted cards are debited consistent with the legal provision in force according to the Belgian law.

2. The site has adopted the security system “Ogone”.

3. If the payment would be delayed for any reason due to the Customer’s fault, the latter has a deadline of 14 days as of the sending of the summons by S.A. PARCLES to effect it. For want of payment by the expiry of the deadline, a conventional penalty of 10% on the balance due will be applied with a minimum of 40 EUR, exclusive of V.A.T. as well as a conventional interest of 7% per year.

4. S.A. PARCLES remains owner of the sold products up to the date of total payment of the price and contractual and legal interests and indemnity, if any.

VI. Delivery

1. S.A. PARCLES commits to ship, in principle through FedEx, the products within 5 workdays following the confirmation of the final order, save act of God. Delays, if any, can in no case give rise to damages.

2. The delivery costs are charged to the customers located outside of the E.U.

For European citizens, the V.A.T. at the rate of 21% applies, but the shipment costs are charged to the Vendor.

VII. Right of relinquishment

1. Within the framework of the law of May 25, 1999, integrating in the law on trade practices and consumers’ protection, the rules of mail order selling, the law protects the consumer defined as being any natural person or legal entity acquiring or using for a purpose other than professional, marketed products or services. This provision applies thus only to customers meeting these criteria, whereby any other natural person or legal entity cannot cite it.

2. The consumer is entitled to inform the Vendor that he relinquishes the purchase, without penalty and indication of motivation, within seven working days following the day after the delivery of the products. Such relinquishment will however only become effective provided the consumer has notified his will to S.A. PARCLES by registered mail, the goods have not been used and they are ready for sale. In case of exercise of this faculty, the consumer will return the goods to S.A. PARCLES through all means, at its own risks and expenses.

The goods should be returned to S.A. PARCLES (and hence recuperated by S.A. PARCLES in its facilities) within 15 working days following the consumer’s notification of his intent of relinquishment. For want thereof the aforementioned relinquishment will be considered as nil and void and the sale will become fully operative.

VIII. Availability

The offers are proposed within the limit of the available stocks. In case of unavailability after the order has been placed, S.A. PARCLES commits to inform the customer thereof through e-mail as soon as possible. The customer can then ask for the exchange or cancellation of the order by mail, e-mail or phone call.

IX. Intellectual property

All texts, comments, illustrations and images reproduced on our site are reserved on account of copyright as well as of intellectual property. Any total or partial reproduction without the consent of S.A. PARCLES is formally forbidden. The order does not imply any cession or concession of intellectual rights, unless otherwise explicitly mentioned.

X. Responsibility

1. The proposed products comply with the Belgian and European legislation in force. S.A. PARCLES cannot be held responsible in case of non-compliance of the legislation of the country in which they are delivered.

2. S.A. PARCLES cannot be held responsible for the non-performance of the subscribed agreement in case of stock shortage or unavailability of the product, act of God, disturbance or strike, especially of the mail services or communication/ transportation means, flood or fire, whereby this enumeration is not limitative.

Accordingly S.A. PARCLES does not undertake any liability for losses of any nature whatsoever which the customer or a third person might incur when utilizing the delivered product.

3. S.A. PARCLES does not undertake any responsibility for any consequential damage hereunder, loss of operation, loss of profit, loss of chance, damages or costs.

4. Our site is likely to contain links to other sites whereby S.A. PARCLES cannot be held responsible for the content of the other linked sites nor any product or service referenced therein.

XI. Protection of privacy

1. S.A. PARCLES commits not to disclose information communicated by its customers to third people. These will be utilized only for internal management purposes, namely in order to manage the orders, supplies, invoicing, services, solvency, marketing or customized advertising, … without this enumeration being limitative.
The visitors have however the right to oppose if they so wish, upon request and free of charge, the processing of their personal data for purposes of customized marketing.

2. The visitors are informed that S.A. PARCLES uses of cookies in order to keep track of their passage on the site. The only purpose of such usage is to improve the customized service meant for the clientele.

3. S.A. PARCLES commits to comply with the principles of the Belgian law of December 8, 1992, relating to privacy with regard to the processing of personal data. With this respect the customer who has ordered on S.A. PARCLES’ site can at any time ask for consultation, correct or suppress its personal data recorded by S.A. PARCLES by clicking on the link below …

XII. Opposability of the general conditions

1. The parties agree explicitly that these general conditions apply to their commercial relationships, save explicitly departed thereof between them in writing.

2. Under the assumption that any provision hereof would be contrary to law or usage, this will not affect at all the whole of the other provisions of the general conditions that will remain applicable.

3. S.A. PARCLES reserves the right to change its general conditions without notifying the customer personally thereof and without possibility for the latter to claim any indemnification. It is henceforth up to the customer to check whether there have been changes.

XIII. Applicable law - Jurisdiction

1. This agreement is governed by the Belgian law.

2. In case of litigation, the courts of the Vendor’s registered office have exclusive jurisdiction.

GENERAL CONDITIONS DRAWN UP ON 06/03/2003.