These terms and conditions of sale are concluded on the one hand by VIROUX SA, whose registered office is located at 5060 Sambreville, rue de l'Essor 3, and registered with the Crossroads Bank for Enterprises under number 0435.333.327, hereinafter referred to as "the Seller", and on the other hand, by any natural or legal person wishing to make a purchase via the website http://www.viroux.be hereinafter referred to as "the Buyer".
Article 1 – Purpose
These general terms and conditions of sale apply, without restriction or reservation, to all products and/or services offered for sale on the website http://www.viroux.be (hereinafter referred to as "the Website").
The purchase of a product through this Website implies unreserved acceptance by the Buyer of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing an order.
Agreements made by the Seller's agents are only valid after written ratification and confirmation. Under no circumstances may the Seller be held liable for damages resulting from defects arising from the use of its products.
Article 2 – Products
The products offered are those listed on the Website, subject to stock availability. Each product is presented on the Website with a description outlining its main characteristics. The photographs are as accurate as possible but are not binding on the Seller.
Article 3 – Prices – Payment terms
The Seller's offers are made without commitment. Orders are only final after being confirmed in writing by the Seller. The sale prices are those in effect on the day of delivery.
The prices shown on the Website are in Euros (€) and include all taxes (VAT inclusive), taking into account the VAT applicable on the date of the order. The Seller reserves the right to pass on any new tax and rate increase.
The prices shown do not include delivery charges, which are invoiced in addition to the price of the products purchased. [CG1]
Goods are invoiced based on the quantities checked at departure from the Seller's warehouses.
Article 4. Deliveries
Delivery times are given for indicative purposes only. Products always travel at the risk and peril of the Buyer, regardless of the method and conditions of shipment. Products will only be insured at the express request of the Buyer and at their expense.
No delivery delay shall engage the liability of the Seller or give rise to the allocation of damages or refusal of delivery.
Article 5. Force majeure
Strikes, fires, floods, explosions or any other accidents, events that prevent or reduce manufacturing or deliveries are considered force majeure events and release the Seller from the obligation to deliver at the times indicated.
The delivery period is extended without the Buyer being able to invoke the delay against the Seller for any purpose whatsoever. If the contract involves partial deliveries at fixed intervals, these shall be made proportionally in approximate quantities.
Article 6. Legal warranty
All products supplied by the Seller benefit from the legal warranty provided by articles 1649bis and following of the Civil Code. This legal warranty is two years.
Article 7. Payments
All invoices are payable at the registered office or by transfer or deposit to the postal cheque account or bank account of the Seller. No one has the authority, mandate, or right to collect on behalf of the Seller.
In the event of non-payment of an invoice at its due date and without prior formal notice, the Buyer who is a professional shall be liable for payment of a penalty of 20% of the amount due, as an irreducible, irrevocable and fixed penalty clause, provided that this penalty shall not be less than 24.79 euros, as well as interest at the rate set by the law of 2 August 2002 on combating late payments in commercial transactions.
In the event of non-payment of an invoice at its due date, the Buyer who is a consumer, after the sending of a first reminder, shall be liable for payment of a penalty of 20% of the amount due, as an irreducible, irrevocable and fixed penalty clause, provided that this penalty shall not be less than 24.79 euros, subject to the caps provided by law, as well as interest at the legal rate.
Article 8. Right of ownership
The transfer of ownership of the products covered by the invoice is subject to a condition precedent of full payment of the price.
The Buyer acknowledges that the goods remain the property of the Seller until full payment of the invoice and its ancillary costs in the event of non-payment at the due date.
Article 9. Right of withdrawal
Pursuant to articles VI.47 and following of the Code of Economic Law, the Buyer who is a consumer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the Seller for exchange or refund, with the exception of the costs referred to in articles VI.50, §2, and VI.51 of the Code of Economic Law, which remain at the Buyer's expense.
Buyers who wish to cancel their purchase may complete the withdrawal form (form available at the following link https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf ) and send it to the Seller's customer service at 5060 Auvelais (Sambreville), rue de l'Essor 3 - or by email to [email protected].
The Buyer may not exercise the right of withdrawal provided for in this article for:
· the supply of goods made to the consumer's specifications or clearly personalised;
· the supply of goods liable to deteriorate or expire rapidly;
· the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
· the supply of goods which, after delivery, are by their nature inseparably mixed with other items;
· the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
· the supply of a newspaper, periodical or magazine except for subscription contracts to these publications.
Article 10. Liability
The Seller, in the distance selling process, is only bound by an obligation of means. The Seller's liability shall not be engaged for any damage resulting from the use of the Internet such as data loss, intrusion, virus, service interruption, or other unintentional problems.
Article 11. Intellectual property
All elements of the Website are and remain the exclusive intellectual property of the Seller. No one is authorised to reproduce, exploit, or use in any way whatsoever, even partially, elements of the Website whether in the form of photos, logos, visuals, text, or any other format.
Article 12. Personal data
The Seller undertakes to preserve the confidentiality of the information provided by the Buyer, which may be transmitted for the use of the services. The privacy policy is available at any time on the Website under the "Privacy" tab.
Article 13. Applicable law and competent courts
These terms and conditions of sale are governed by Belgian law.
All disputes shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels, even in the event of warranty claims or multiple defendants.
[CG1]To be confirmed by the client