Last version : 10/11/2023
1. General provisions
These general conditions define, without prejudice to the application of specific conditions, the respective obligations of WOODSTER SRL in relation to all services provided by WOODSTER SRL, whose registered office is located at Rue Defalque 10, 1490 Court Saint Etienne, registered with the Banque Carrefour des Entreprises under company number 0791.806.545, hereinafter referred to as the “seller”, and any professional buyer or any consumer wishing to make a purchase via the seller’s website, hereinafter referred to as the “buyer”.
The purchaser expressly acknowledges that he/she has had access to these terms and conditions, has read them, understands them and accepts them unreservedly, it being understood that any order for a product via our website implies consultation and express acceptance of the general terms and conditions of sale. These general terms and conditions of sale may be saved or printed by the customer.
The provisions not expressly derogated from remain applicable. The application of these general terms and conditions may only be modified by express written agreement. It is agreed that the specific provisions expressly accepted take precedence over the general provisions, in the event of any discrepancy. Furthermore, it is expressly agreed that in the event of a conflict between the customer’s general terms and conditions and those of WOODSTER SRL, only the latter shall prevail. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer. The following definitions apply Buyer: any natural or legal person with full legal capacity or, failing this, the legal representative of this person. In the latter case, the legal representative is bound by these terms and conditions.
2. Characteristics of the goods and services offered
The products and services offered are those shown in the catalogue published on the seller’s website, while stocks last. Each product is accompanied by a description drawn up by the seller on the basis of the description provided by the supplier. The photographs in the catalogue are provided for information purposes only and give a true and fair view, but are not contractually binding insofar as they cannot ensure perfect similarity with the physical products.
3. Control
Purchasers wishing to purchase a product or service must:
– Have the full legal capacity to make purchases
– Fill in the identification form or give their customer number if they have one;
– Fill in the online order form giving all the references of the products or services chosen;
– Validate their order after checking it;
– Acknowledge having read these general terms and conditions and having accepted them;
– Make the payment under the conditions provided;
– Confirm their order and payment.
The sale is deemed complete when the seller confirms the order.
No goods will be dispatched until the order has been confirmed and full payment has been received.
Products and services are offered while stocks last. If an item is unavailable, the seller will inform the buyer by e-mail as soon as possible. The buyer will have the option of waiting (in the event of temporary unavailability) or cancelling the order for the unavailable items at no cost.
4. Duration
These conditions apply throughout the duration of the order, our services and the delivery of the goods, as well as to all relations between the buyer and the seller.
5. Delivery – transport
Deliveries are made to the address indicated on the order form, which can only be within the geographical area mentioned in article 8 of these general terms and conditions.
If the purchaser is absent at the time of delivery to the address communicated by the purchaser, the latter may contact the seller within 48 hours in order to agree another delivery date. If the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or, after prior formal notice, to consider the contract automatically terminated to the buyer’s detriment. In the latter case, the seller will retain an amount equivalent to 30% of the sale price by way of compensation.
In the case of sales to consumers, the goods are transported at the seller’s risk until they are delivered to the delivery address specified by the buyer. From that moment onwards, the buyer alone assumes the risks. Should the goods delivered be damaged, the buyer is obliged to refuse the goods or to accept them by means of a written reservation on the carrier’s delivery note, to be completed jointly by the customer and the carrier. Any complaint regarding the goods delivered must reach the seller within 5 days of the date of receipt. The complaint must be sent exclusively by registered letter to the registered office: Rue Defalque 10, 1490 Court Saint Etienne, and must be accompanied by a copy of the purchase invoice and the delivery note completed with the written reservation mentioned above. After this period, no further claims for apparent defects will be taken into consideration.
In the case of sales to professionals, transport is at the buyer’s risk.
The delivery times communicated by the seller are strictly indicative in the absence of a written agreement to the contrary.
In the event of a delay in delivery of at least fifteen working days, and only in the case of a non-personalised order (item regularly in stock), the purchaser may cancel the purchase without compensation for either party, provided that the purchaser notifies the seller by e-mail within 3 days of notification of the delay in delivery by the seller. The buyer will then be reimbursed by bank transfer to his/her bank account for the total amount of his/her order, including transport costs (if incurred at the time of ordering) within 15 working days. The parties will then be released in full from their respective obligations.
In all cases, the following circumstances release the seller from its obligations with regard to lead times:
1 – Cases of force majeure (including, in particular, strikes, technical incidents, supplier delays and labour shortages);
2 – If the terms of payment are not respected;
3 – If changes are decided by the customer after the order has been placed;
4 – If the customer does not provide us with the desired information within the specified lead time.
6. Rates
The prices of products and services displayed on the site are indicated in euros, inclusive of all taxes (VAT and other applicable taxes).
The prices shown do not include transport costs, which are charged separately when the order is placed.
The seller reserves the right to change its prices at any time. However, the prices applicable to the order are those in force at the time the order is confirmed.
The seller reserves the right to pass on to its prices any changes in the VAT rate that occur before the delivery date.
7. Terms of payment
Payment can be made by credit card , wire transfer, QR code or in cash.
Items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
8. Geographic zones
The online sale of products and services presented on the vendor’s site is reserved for buyers residing in Belgium, France, Switzerland, the Grand Duchy of Luxembourg, Germany, Italy, Spain, Sweden, Denmark, Austria, Finland, Poland, Portugal, Ireland, Norway, the Netherlands and the United Kingdom for deliveries required in these geographical areas.
9. Right of withdrawal
In accordance with the law, consumers have the right to notify the seller that they wish to cancel their purchase, without penalty and without giving any reason, within 14 clear days from the day following the delivery of the goods or the conclusion of the service contract. This right of renunciation does not apply to professional buyers.
The consumer buyer can also take this step by sending us the following form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
Consumers are informed that they may not make use of their right of withdrawal in the following cases (art. VI.53 of the Code of Economic Law): –
Supply of goods made to the consumer’s specifications or clearly personalised;
– Supply of goods that are likely to deteriorate or expire quickly;
– Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
– Supply of digital content not supplied on a tangible medium if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal; – Supply of digital content not supplied on a tangible medium if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
10. Legal guarantee
The buyer acting for private purposes benefits from the legal rights under the law of 1st September 2004 on consumer protection in the event of the sale of consumer goods.
In accordance with article 1649quater §2 of the Civil Code, the consumer is obliged to inform the seller of the existence of a lack of conformity within a period of two months from the day on which the consumer noticed the defect.
For second-hand goods, the warranty period is one year from the date of delivery of the goods.
This guarantee only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to improper use, such as water damage, oxidation, dropping or impact, negligence and wear and tear, are not covered by the guarantee. Likewise, repairs carried out by technicians not approved by our services will result in the cancellation of the guarantee.
The invoice or delivery note serves as the warranty certificate and must be kept by the consumer and produced in the original.
Professional purchasers are covered by the manufacturer’s warranty.
11. Refunt
The refund will be made no later than 14 working days following the date of receipt of the goods that are the subject of the withdrawal request or following the date of receipt of proof of return of the said goods. The refund will be made to the account via which the order was paid for.
12. Responsibilities
In the online sales process, the seller is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet and online payment, such as loss of data, intrusion, virus, service interruption or other involuntary problems.
The information provided on the site is given in good faith. Links to manufacturers’ and/or partners’ websites are provided for information purposes only and have no contractual value. The seller cannot be held responsible for information from these sites.
The buyer is responsible for the choice and use of the product delivered by the seller. He/she certifies that he/she is at least 18 years old at the time the order is placed. The seller declines all responsibility in the event of inaccuracy in the information communicated to it by the buyer.
13. Intellectual property rights
All elements of this site, as well as its texts, drawings, photos, illustrations, any films, data, databases, software, domain names, logos and any other element appearing on it, remain the exclusive intellectual property of the seller. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means whatsoever – electronic, mechanical or otherwise – is strictly prohibited, unless prior written authorisation has been obtained from WOODSTER SRL. Any breach of this clause may result in civil, commercial and/or criminal proceedings.
14. Personal data
The customer is informed that the personal data collected and processed in connection with the contract (offer document or agreement) are strictly confidential. This data is collected and collated for accounting purposes and for the proper management of the contract and its file in the context of the supply of goods and/or services by WOODSTER SRL. The customer is informed that if he/she does not provide us with the correct data, this may in some cases hinder the proper execution of the contract. If the data has been supplied to us incorrectly or inaccurately, we cannot be held responsible under any circumstances. The personal data provided by the customer is managed by WOODSTER SRL.
The data collected are: surname, first name, address, telephone number and e-mail address.
This data will be kept for a period of 5 years. Once
this period has expired, the accounting and/or legal data will be archived and the other data will be deleted. In accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and in accordance with the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data, the customer has a right of access to the data and a right to rectify or delete it. Customers also have the right to request a restriction on the processing of their personal data, to object to the processing of their data and to the portability of their data. They may also object at any time to their data being used for purposes other than the proper management of their file.
If you have any questions about your rights regarding your personal data, please do not hesitate to contact the person responsible for processing your data.
WOODSTER SRL undertakes to implement all appropriate and reasonable technical and organisational measures to ensure the protection of customer data. In this respect, it undertakes an obligation of means. If the customer considers that he/she has been harmed with regard to the protection of his/her personal data, he/she may contact the supervisory authority:
Data Protection Authority
Rue de la Presse, 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact(at)apd-gba.be
https://www.autoriteprotectiondonnees.be/contact
15. Saving clause
The invalidity, non-applicability or illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general conditions or other agreements) in no way entails the invalidity or nullity of the other provisions of the contract. All the clauses remain valid in their entirety.
16. Disputes
In the event of a dispute, the courts of the seller’s registered office shall have jurisdiction, unless otherwise stipulated by law. The applicable law is Belgian law, in the French language. For the purposes of their relationship, the parties accept electronic means of proof.