GENERAL CONDITIONS OF THE SPRL ATYPIC CONCEPT
CONCERNING CHRISTMAS TREE ORDER (version 30/11/2015)
Article 1 – Field of applciation
The present general conditions concern the acquisition , installation and the reprise of commercialized Christmas trees by the SPRL Atypic Concept, which is located on 5374 Havelange, route de Marche, 1A, and registered by BCE with the following number n° 0873.068.195, (after « Mon Beau Sapin.be » – 0472/77.21.72 – firstname.lastname@example.org)and whose clients are also considered as parties.
Any amendment to these terms and conditions must be confirmed by a written agreement between the parties. Parties can not invoke or change a right derieving from a written agreement.
All orders concerning Christmas trees, home delivery, or reprise can only be done via the online form. (http.//www.monbeausapin.be, from now on « the internet site »). The parties can not connect if the order has been made via another way.
All orders must be done based on the available stocking.
Article 2 – Christmas tree sales
Mon Beau Sapin.be will send one or more trees to clients respecting the clients’ required orders (the essence of Nordmann, Spruce or Omorika, etc.).
This term does not concern clients that have made an order without any precision.
When the tree is ordered in a pot, the size of the tree includes the pot as well.
The photos on this website are used only for informative reasons.
The decoration order doesn’t include installation.
Mon Beau Sapin.be isn’t related to the client once the order has been made via sprl Alegria Touch (located at 1785 Merchtem, Langensteenweg, 30, registered by BCE with the following number n° 0896.647.115).
Article 3 – Delivery
The tree would be taken by the client in one of the points mentioned in this site.
By the client’s demand, formulated by the article 1.3. of the present general conditions, the tree will be delivered to the client’s requested address.
The tree will be installed in the requested place by the client by a member of Mon Beau Sapin.be, without the prejudice or article 3.2.
The client should consider the humidity of the tree and that Mon Beau Sapin.be will not be responsible for any humidity traces on the ground.
The required installation location should be accessable.
In case of ordering a tree taller than 2,20m, the client has to make sure that the passage of installation is adaptable. The passage should be at least 1 meter large.
The delivery is free of charge, only if it is delivered in one of the 19 regions of Bruxelles-Capitale, or in of the communes indicated on the site.
Once the delivery is in one the communes not mentioned in article 3.3, a supplementary price base on kilometer will be added to the sale price(s) order(s).The price is indicated on the site once the order has been done.
The distance is calculated by a two way path in 1000 Brussels. All the unfinished kilometers will be calculated as well.
Clients must sign the delivery reciet, without the prejudice of the article 6 of the present general conditions (« Guarantee engagement »).
If the client is a cooperated person in an association, has to be proved as a member of the society it represents
Article 4 – Reprise
By the client’s request, formulated as mentioned in the article 1.3. of the present general conditions, the tree will be reprised from the same address it had been delivered to .
The reprising service will be precisely indicated once the order has been made.
The reprise date is associated with both parties, either in the morning, between 8h00 and 12h00, or in the afternoon, between 12h00 and 18h00.
Once the date has been expired, the client has to be present in the indicated address either in the morning or in the afternoon.
In case of absence of the client on the reprise date, and once Mon Beau Sapin.be can no more reprise the tree, there is no more reprise obligation for Mon Beau Sapin.be.
Without any prejudice regarding the above term, the parties can overlook another date based on article 4.2.
The reprising service is only related to taking the tree.
In the reprise moment, the tree should be without any decorations.
The reprise service does not include cleaning the ground.
Article 5 – Responsibilities
Installation and reprise of the tree are done by the consideration of the clients or by it’s person in charge when Mon Beau Sapin.be is in the indicated address.
Mon Beau Sapin.be is not responsible for installation or reprise once the installation or reprise is over.
Without prejudice to the precedent article, the client is always welcome to mention to Mon Beau Sapin.be the problems in the following 12 hours, by email, regarding article 10 of the present general conditions.
Article 6 – Engagement of the garantee
Le client benefits from a legal guarantee regarding article 1641 à 1649 of the civil Code.
Le client agissant à des fins n’entrant pas dans le cadre de son activité professionnelle ou commerciale bénéficie de la garantie légale contenue aux articles 1649bis à 1649octies du Code civil.
With the legal guarantee, Mon Beau Sapin.be will change in the following 10 days after delivery the tree, the clients has to also mention the reasons forwhich they are not satisfied. The tree will be exchange with one exactly as the first one. The replacement can only take place one time.
Without prejudice to the precedent article Mon Beau Sapin.be can also repay the clients if they art not happy with their tree.
Article 7 – Price
All prices are indicated the day the client has ordered.
Are priced include TVAC.
Article 8 –Reserving property rights
The tree is in the property of Mon Beau Sapin.be until the payment has been entirely done.
Article 9 – Retraction rights
Regarding the article VI.53, 4° of the economical right, the client can not retract a right regarding the article VI.47 of the same Code.
Article 10 – Reclamation
All reclamtions should be written and sent to Mon Beau Sapin.be, to Mr. Christophe Jauquet, director, to the following address : 5374 Havelange, route de Marche, 1A, or by email : email@example.com.
Article 11 – Applicable and legal right
The present general conditions are settle by the Belgian authorities.
Any neglect of these terms will be legally treated by Brussels’ authorites.