Terms and conditions of sale
These general terms and conditions of sale (hereinafter referred to as the "GTCS") are entered into between consumers wishing to make a purchase (hereinafter referred to as the "Customer") on the website https://xlg.eu/fr/safe-and-natural/shop/ (hereinafter referred to as the "Site") and, on the other hand, "XLG Faciliy", which refers to the subsidiary of the XLG company, XLG Facility, number BCE 0451.459.774 and located at Rue Maréchal Foch 21, 4400 Flémalle, Belgium.
These General Terms and Conditions of Sale apply without restriction or reservation to all product offers appearing on the Site. These GCS may be modified at any time. It is therefore understood that the GTC applicable are those in force on the Site at the time the order is placed.
Products from the Safe&Natural range sold via the Site are reserved for individual consumers. The Customer declares that he is not purchasing the products with a view to reselling them.
UPDATED ON 26/01/2022
Article 1 - Offer/Order
The information contained in our offers, catalogs, brochures or price lists of any kind whatsoever is given without obligation on our part. Orders are not binding until we have expressly agreed to them.
Article 2 - Delivery/methods
Our goods are delivered carriage paid in accordance with the conditions set out in our current catalog. Goods travel at the recipient's risk; it is the recipient's responsibility to make any reservations with the carriers. We decline all responsibility for damage caused by transport companies and their personnel to the purchaser's property or to the purchaser himself and his personnel. Any delay in these operations does not entitle the purchaser to defer performance of his obligations. In any case, we reserve the right to deliver small orders through our distributors.
Article 3 - Delivery time
Except in cases of force majeure, the delivery period begins on the date of acceptance of the order by our company or at any other time agreed between the parties. It is given as an indication, and exceeding it does not engage the responsibility of our company: the purchaser waives the right to claim rescission or damages for this reason. However, failure to meet the deadline by more than 2 months shall entitle the purchaser to rescind the contract without judicial intervention and without entitlement to damages.
Article 4 - Aggregation
Aggregation of goods takes place at the time of delivery to the purchaser's address, or within eight days thereafter. If delivery cannot take place due to the buyer's fault, or if delivery is not made carriage paid, the goods are made available to the buyer on our premises for aggregation within eight days of the date of dispatch or of the invoice or dispatch note, the latter documents being proof of availability. Complaints must be made by registered letter within eight days; silence on the part of the purchaser during this period constitutes unreserved approval and renders inadmissible any claim for apparent defects, lack of conformity of the goods or shortages. No claims will be accepted in respect of any customer comments based on errors discovered after printing, provided that the proofs and/or drawings have been approved and the goods conform to them. In the event of a justified complaint, we will only be obliged to replace the defective items, to the exclusion of any compensation. Conversely, for goods not mentioned in our catalogs or prospectuses, and expressly ordered for the benefit of the purchaser, delivery to the latter shall be deemed to constitute approval, without the quality or usefulness of the goods being called into question.
Article 5 - Return of goods
Goods sent in accordance with the order will not be returned or exchanged.
Article 6 - Warranty
The warranty granted is the warranty against hidden defects. The purchaser may only invoke this warranty for a period of three months from the date of delivery or availability as defined in article 4 of the present terms and conditions. He/she must notify us by registered letter within 15 days of discovery of the defect, provide proof of the hidden defect and allow our company to verify its existence. In the event of a justified complaint made within the required time limit, our company will only be obliged to replace the defective items, to the exclusion of any compensation.
Article 7 - Force majeure
Cases of force majeure, depending on whether they create a temporary or definitive obstacle to the execution of the contract, automatically suspend or extinguish our obligations and fully release us from liability. If this obstacle lasts for more than one month, either party has the right to terminate the agreement ipso jure and without compensation. Events beyond our control which prevent performance of the agreement are considered to be cases of force majeure, in particular in the event of war, fire, flood, transport difficulties, frost and other unfavorable weather conditions, illness and measures taken by the authorities, particularly with regard to import-export, difficulties in the supply of raw materials, energy or operating items, including the failure of suppliers on whom we are dependent, general or specific strikes, lock-outs, social unrest, riots, defects in or damage to goods, as well as any other disruption to our business, including circumstances attributable to our personnel.
Article 8 - Prices
Our prices are those of the price list on the day of the order. We reserve the right to modify them without notice until the day of delivery in the event of a change in our prices due to fluctuations in salaries, social charges or any other cause beyond our control. In addition, the purchaser will be charged VAT, transport costs, transport insurance, collection costs and any agios, Postplus and any environmental contribution.
Article 9 - Terms of payment
Payment is made at the time of online order confirmation. The customer can pay by credit card, with Visa, e-Carte Bleue, Carte Bleue, Visa Electron, Mastercard or Maestro. XLG Facility cannot be held responsible for any delay in delivery or lack of delivery due to the card issuer's refusal to make payment.
Article 10 - Reservation of ownership
All items delivered by us remain our property until the buyer has fully paid the purchase price and the costs of the sale.
Article 11 - Resale conditions
Unless otherwise expressly authorized by us in writing, the purchaser may not offer for sale or sell our articles except in our own packaging, nor may he offer our articles, whether free of charge or not, in conjunction with other specific products or services, except in cases permitted by law.
Article 12 - Waiver of liability
The disclaimers in these general terms and conditions of sale cover all faults, including gross negligence, but not theft.
Article 13 - Application of general conditions
Unless expressly stipulated otherwise, all our offers and supplies are made in accordance with these general terms and conditions, which take precedence over the buyer's general or special terms and conditions, whether printed or not. The buyer is presumed to have waived the right to invoke his own conditions by validating his order on the eshop.
Article 14 - Applicable law
The relationship between the buyer and the seller is governed by Belgian law.
Article 15 - Jurisdiction
In the event of any dispute, the parties agree to submit to the jurisdiction of the judicial district of Liège. Our company reserves the right, however, to consider only the purchaser's domicile and/or actual place of business.
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