Terms and conditions of sale

These general terms and conditions of sale of products, hereinafter referred to as “the general terms and conditions”, apply to all orders placed with c'était mieux avant, whose registered office is at Rue Visé Voie 219, 4041 Vottem, registered with the Crossroads Bank for Enterprises under number 0778.919.205, hereinafter referred to as “the seller”.

These general terms and conditions form the contract between the seller and you, the customer. The seller and the customer are hereinafter jointly referred to as “the parties”.

The “customer” (“you”) is any natural or legal person who orders products from the seller.

The “consumer” is a customer who is a natural person acting for purposes outside their trade, industry, craft or profession.

These general terms and conditions alone apply. In any event, they exclude any general or specific terms and conditions of yours that the seller has not expressly accepted in writing.

The general terms and conditions are freely accessible at any time on the seller’s website: "https://cetaitmieuxavant.be", so that by placing an order with the seller, you declare that you have read these general terms and conditions and confirm your acceptance of the rights and obligations they entail.

The seller reserves the right to amend these general terms and conditions at any time and without prior notice, provided that such amendments are shown on its website. These amendments will apply to all orders for products placed thereafter.

To place an order, you choose the product(s) you wish to order by browsing the seller’s website, provide the contact details requested, check that the order is correct, and then pay for your order.

After receiving confirmation of payment of the order from the bank, the seller sends you a summary of your order, including in particular your order number, the products ordered and their price, these general terms and conditions or a link to them, and an indication of the likely time needed to fulfil the order.

The seller reserves the right to suspend, cancel or refuse your order, in particular where the information you have provided proves to be manifestly incorrect or incomplete, or where there is a dispute concerning payment for a previous order.

If you cancel the order after it has been accepted by the seller, for any reason whatsoever other than force majeure, a sum equivalent to 30% of the order price will be due to the seller and invoiced to you as damages.

The price of the products is shown in euros, including all taxes.

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of delivery will automatically be charged to you.

Any delivery costs are not included in the price shown, but are calculated separately during the ordering process, according to the delivery method and place and the number of products ordered.

Unless otherwise expressly agreed by the seller in writing, the delivery times stated in the specific terms are not binding deadlines. The seller may only be held liable if the delay is significant and is attributable to the seller’s gross negligence.

You may not rely on the delivery times to request termination of the contract, claim damages or make any other claim, unless otherwise stipulated in writing and expressly accepted by the seller.

In the event of a delay exceeding thirty working days, you must send the seller a formal notice by registered letter, and the seller may then have an additional 50% of the prescribed time to deliver the product(s) ordered.

The seller remains the owner of the products ordered until they have been paid for in full.

Ownership of the products passes to you only after the items have been collected or delivered and the order has been paid for in full. By way of derogation from Article 1583 of the Civil Code, the items sold, delivered or installed remain the exclusive property of the seller until the invoice has been paid in full. Until the sale price has been paid, you may not pledge the items, give them away or use them as security in any way whatsoever. You are expressly prohibited from modifying these items, from making them immovable property by incorporation or by destination, and from selling or disposing of them in any way whatsoever.

As long as the seller holds title to the goods delivered, in accordance with the provisions of this article, you remain responsible for keeping these products in good condition. During this period, you alone may be held liable for any loss of or damage to the products. If necessary, you undertake to insure the products against all risks. You also undertake to store the products in such a way that they cannot be confused with other products and can at all times be recognised as the property of the seller.

In accordance with Article VI.47 of the Code of Economic Law, if you are a consumer ordering products from the seller at a distance, you have a period of 14 calendar days from the day the products are delivered or from the notification that they are available at the agreed collection point to notify the seller that you are withdrawing from the purchase, without penalty and without giving any reason.

When this period ends on a Saturday, a Sunday or a public holiday, it is extended to the next working day.

As a consumer, you may notify your wish to withdraw from the purchase by means of the withdrawal form available on the seller’s website, by means of the form sent with the order form or available on the website of the FPS Economy, SMEs, Self-employed and Energy: economie.fgov.be, or by any unambiguous statement setting out your decision to withdraw from the contract.

You must send back the product(s) you have withdrawn from purchasing in perfect condition, in its/their original packaging.

Only the direct costs of returning the products will be borne exclusively by you.

The seller will refund the amount paid as soon as possible and at the latest within 14 days of the products being sent back.

As a consumer, if you open or use a product before the end of the withdrawal period, you are deemed to have waived your right of withdrawal for that product.

Likewise, you may not exercise the right of withdrawal if you fall within one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law, in particular in the case of the supply of goods made to your specifications or clearly personalised.

If you do not meet the conditions for the right of withdrawal described in the previous article of these terms and wish to cancel your order, you must inform the seller, who will tell you what steps to follow.

Any deposit you have paid to the seller will not be refunded. If no deposit has been paid, the seller may claim from you a cancellation fee equivalent to 30% of the price of the products whose order you have cancelled.

The delivery times given by the seller are for information only and are not binding on the seller. A delay in delivering the order may therefore under no circumstances give rise to any compensation, termination of the contract, suspension of your obligations or payment of damages.

The order is only delivered to you once it has been paid for in full. Ownership and risk pass at the moment the order is paid for in full. You are therefore advised that you alone bear the risks associated with delivery.

Products offered for sale by the seller are offered while stocks last.

If one or more products are unavailable after the order has been paid for, the seller undertakes to inform you as soon as possible and to give you the choice between a refund, a change to your order or delivery postponed until the product(s) concerned are back in stock.

You must check the apparent good condition of the products delivered to you or collected from the agreed collection point, and that they match the products you ordered.

Any complaints must be made in writing within 3 working days of delivery of the order or of notification that it is available at the agreed collection point. Otherwise, they cannot be taken into account and you will be deemed to have definitively accepted the order.

If a complaint proves to be justified, the seller/provider may choose between replacing the products concerned or refunding their price.

The information, logos, drawings, trademarks, designs, slogans, graphic charters, etc., accessible through the seller’s website or catalogue are protected by intellectual property law.

Unless expressly agreed otherwise in advance, you are not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements on the seller’s website or catalogue.

Unless expressly agreed otherwise, the agreed price therefore does not include any transfer whatsoever of intellectual and/or industrial property rights on any basis.

• Legal warranty for all customers

In accordance with Articles 1641 to 1643 of the Civil Code, the seller must guarantee the products against hidden defects that make them unfit for the use for which they are intended, or that so impair that use that you would not have bought them, or would only have paid a lower price for them, had you known of the defects.

If you discover a hidden defect, you must act promptly, in accordance with Article 1648 of the Civil Code, and you may choose between returning the product affected by the hidden defect for a full refund, or keeping it for a partial refund.

The seller is not required to guarantee the products against apparent defects that you were or should have been aware of at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which it was aware at the time of sale and of which it failed to warn you.

Only the invoice, the till receipt or the purchase voucher serve as your warranty certificates with regard to the seller. You must keep these documents and present them in their original version.

• Additional legal warranty for customers who are consumers

In accordance with Article 1649quater of the Civil Code, if you are a consumer, you also have a two-year legal warranty covering any lack of conformity that existed when the product was delivered and that becomes apparent within two years of delivery.

This warranty covers the repair or replacement of the defective product, free of charge for the consumer.

However, if such repair or replacement proves impossible, disproportionate for the seller or would cause the consumer serious inconvenience, an appropriate price reduction or a refund may be offered to the consumer. The seller and you may agree on a refund only if you return the defective products.

If spare parts or specific accessories needed to repair the product are no longer available from the manufacturer, the seller cannot be held liable for the loss of use of the product.

As a consumer, you must inform the seller in writing of the lack of conformity within a maximum of two months from the day you discovered it, failing which you will lose your right to make a claim.

Only the invoice, the till receipt or the purchase voucher serve as the consumer’s warranty certificates with regard to the seller. You must keep these documents and present them in their original version. The warranty period starts on the date shown on these documents.

This warranty does not apply where the failure results from incorrect use, external causes, poor maintenance, normal wear and tear or any use that does not comply with the instructions of the manufacturer or the seller.

In the event of damage to, theft or loss of a product handed over for repair, the seller’s liability will in any event be limited to the sale price of the product. The seller can under no circumstances be held liable for the loss or reproduction of data stored in or by electronic devices handed over for repair.

General. You acknowledge and accept that all the obligations owed by the seller are obligations of means only, and that the seller is only liable for its wilful misconduct and gross negligence.

Should you prove gross negligence or wilful misconduct on the part of the seller, the loss for which you may claim compensation covers only the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may in no event exceed 75% (excluding taxes) of the amount you actually paid under the order.

You also acknowledge that the seller is not liable for any direct or indirect damage caused by the products delivered, such as, in particular, loss of earnings, increased overheads, loss of customers, etc.

Likewise, the seller is not liable if you provide incorrect information, or if an order is placed in your name by a third party.

Finally, it is your responsibility to find out about any restrictions or customs duties imposed by your country on the products ordered. The seller therefore cannot be held liable if you face any restriction or additional tax to pay as a result of your country’s policy in this matter.

Materials. If you require the seller to use a process or materials of a specific quality, origin or type, despite the seller’s written and reasoned reservations, the seller is released from all liability for defects resulting from the choice of that process or those materials.

You acknowledge the restrictions and risks associated with the use of the internet or of any other means by which the website is or will in future be made available. You also acknowledge the risks of storing and transmitting information digitally or electronically.

You accept that the seller cannot be held liable for any damage caused by the use of the seller’s website (and of any applications) or of the internet, as a result of the risks mentioned above.

You further accept that the electronic communications exchanged and the backups made by the seller may be used as evidence.

Force majeure or unforeseeable events. The seller cannot be held liable, whether contractually or non-contractually, for any temporary or permanent failure to perform its obligations where that failure results from force majeure or an unforeseeable event.

The following events, in particular, will be considered force majeure or unforeseeable events: 1) the total or partial loss or destruction of the seller’s IT system or database where either of these events cannot reasonably be directly attributed to the seller and it is not shown that the seller failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) an interruption in the supply of energy (such as electricity), 12) a failure of the internet or of the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the internet or to the telecommunications network on which the seller depends, 15) an act or decision of a third party where that decision affects the proper performance of this contract, or 16) any other cause beyond the seller’s reasonable control.

Hardship. If, owing to circumstances beyond the seller’s control, the performance of its obligations cannot be continued or simply becomes more costly or difficult, the seller and you undertake to negotiate in good faith and fairly an adjustment of the contractual terms within a reasonable period, with a view to restoring their balance. Failing agreement within a reasonable period, either party may terminate the contractual relationship between them without compensation or indemnity of any kind.

Termination of the contract. If you become insolvent or have unpaid debts, even under previous contracts between you and the seller, the seller is entitled to suspend the performance of its obligations until you have paid in full any unpaid debt owed to the seller.

If you fail to perform your obligations, the seller may terminate the contract at your sole fault, without notice or compensation and, where appropriate, may claim damages from you by any legal means.

Illegality. The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall in no way affect the legality of the other articles, paragraphs or provisions of these general terms and conditions, nor the rest of that article, paragraph or provision, unless the text clearly indicates otherwise.

Headings. The headings used in these general terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions to which they refer.

No waiver. Inaction, negligence or delay by a party in exercising a right or remedy under these general terms and conditions shall in no case be interpreted as a waiver of that right or remedy.

These general terms and conditions are governed by Belgian law.

In the event of a dispute concerning the validity, interpretation, performance or termination of these general terms and conditions, the parties undertake to resort to mediation before any other means of dispute resolution.

The parties shall therefore appoint by mutual agreement a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels - https://www.cfm-fbc.be/fr) or instruct a third party to make this appointment.

Once the mediator has been appointed, the parties, with the mediator’s help, agree between themselves on how the mediation will be organised and how long the process will last.

Either party may end the mediation at any time, without prejudice to itself.

If mediation fails, only the courts of the judicial district of Liège will have jurisdiction.