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Terms and conditions of online sale of products and services


For the attention of SOGEM SA customers

 

SOGEM S.A.
Avenue de l'Espérance 40
6220 Fleurus
Belgique

 
CONTACT:
Tel. +32 71 25 39 60
E-mail: webshoporders@sogem-sa.com

 

BE0432619307


Version: 31.10.2023

 

ARTICLE 1. Definitions and scope of application

 

These General Terms and Conditions of Sale, hereinafter referred to as "the General Terms and Conditions", apply to all online orders placed with SOGEM SA, whose registered office is located at 40, Avenue de l'espérance, 6220 Charleroi, registered with the Banque Carrefour des Entreprises under number 0432.619.307, hereinafter referred to as "the seller", "the company" or "SOGEM".

 

SOGEM is a company specializing in the manufacturing and sale of kit staircases, handrails, shelving, worktops, balustrades, and panelling. SOGEM's primary objective is to provide innovative products and customized solutions to meet market demands.

 

These General Terms and Conditions of Sale are part of SOGEM's desire to establish a legal framework for the company's commercial relations with its customers ordering products or services online.

 

These General Terms and Conditions serve as a clear, comprehensible, and accessible document detailing the information that customers must have at their disposal before, during and after placing their order. It is therefore imperative for customers to consult these terms and conditions at the time of concluding their contract.

 

For the purposes of these terms and conditions, the seller and its customers are together referred to as "the parties".

 

The "customer" is any natural or legal person who orders products from the seller.

 

The "consumer" is a customer who is a natural person and who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.

These General Terms and Conditions are the only legal document applicable to the parties. [1] 

 

These General Terms and Conditions are freely accessible at all times both on the seller's catalog website, www.sogem-sa.com, and on the seller's web shops: www.sogem-sa.com, www.sogem.eu, www.sogem.nl so that by placing an order with him, the customer declares that he has taken cognizance of them and confirms his acceptance of the rights and obligations pertaining thereto.

 

The seller reserves the right to modify these General Terms and Conditions at any time and without prior notice to the customer, provided that the said modifications appear on the two aforementioned websites. Such modifications shall apply to all subsequent orders.

 

ARTICLE 2. Offer and orders

 

To place an order, the customer goes to the seller's web shop:www.sogem.eu, www.sogem-sa.com, www.sogem.nl, selects the products he/she wishes to order, enters the contact details requested, checks that the order is correct and makes payment. The order and the sales contract will be effectively concluded when the seller clicks on the validation button.

 

Once confirmation of payment has been received from the relevant banking institution, the seller will send the customer an order confirmation by e-mail within a reasonable time of the conclusion of the contract, and at the latest upon delivery of the goods. The order confirmation will include the order number, details of the products ordered, their prices, these General Terms and Conditions or a direct link to them. The indication of the delivery time of the order was provided to the customer when concluding the purchase on the web shop.

 

Should the data communicated by the customer at the time of placing the order prove to be manifestly erroneous or incomplete, the seller reserves the right to suspend, cancel or refuse the customer's order. This same option is also available in the event of a payment dispute relating to a previous order placed by the same customer.

 

In the event of cancellation of an order by the customer after its acceptance by the seller, for any reason whatsoever, except in cases of force majeure, a sum equivalent to 30% of the price of the order will be acquired by the seller and invoiced to the customer, by way of damages.

 

 

ARTICLE 3. Prices and taxes

 

Product prices are quoted in euros, inclusive of all taxes (incl. 21% VAT). They must be clearly indicated on the web shop before any order is placed and must correspond to a clearly identified product.  

 

Payment

You can pay with Visa, Mastercard, Apple Pay, Klarna, American Express, Maestro, Przelewy24, SEPA, Giro pay. 

SOGEM has an agreement with the Mollie Payment system and guarantees its customers that all communications between the payment system and the cardholder will take place via an SSL-encrypted connection. 
When using the means of payment, no additional costs will be charged to the customer that are higher than the costs borne by SOGEM for the same means of payment. 

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

Delivery costs, if any, are not included in the price, but are calculated separately during the ordering process, depending on the delivery method and location, and the number of products ordered.
Payments are to be made in a single lump sum. No spread of payment will be authorized by the seller.

 

ARTICLE 4. Delivery deadlines

 

The estimated delivery and/or performance times mentioned on the product in the web shop at the time of order are not binding. The seller may only be held liable if the delay is significant and attributable to his gross negligence.

 

The customer may not invoke delivery deadlines as grounds for rescinding the contract or claiming damages, unless otherwise stipulated in writing and expressly accepted by the seller.

 

In the event of a delay exceeding thirty (30) working days from validation of the order, the customer must send a formal notice by registered mail to the seller, who will then be entitled to 50% of the prescribed time to deliver the product(s) ordered.

 

En cas de retard dépassant le délai de trente (30) jours ouvrables, le client devra envoyer une mise en demeure par courrier recommandé au vendeur, lequel pourra alors bénéficier de 50% du temps prescrit pour livrer le(s) produit(s) commandé(s).

 

ARTICLE 5. Reservation of ownership

 

The seller retains ownership of the products ordered until full payment has been received from the customer.

 

Ownership of the products is transferred to the customer only after collection or delivery of the products and after full payment of the order. Until payment of the purchase price has been made, the customer may not pledge the products, offer them, or use them as security in any way whatsoever.

 

As long as the seller holds the property rights to the products delivered, in accordance with the preceding paragraph, the customer will remain responsible for maintaining the products in good condition. During this period, the customer alone shall be liable for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. The customer also undertakes to store the products in such a way that they cannot be confused with other products and can at all times be recognized as the property of the seller.

 

ARTICLE 6. Right of withdrawal

 

In accordance with Article VI.47 of the Economic Law Code, the consumer who orders products from the seller at a distance has a period of fourteen (14) calendar days from the day of delivery of the products or notification of their availability at the designated collection point to notify the seller that he/she is withdrawing from the purchase, without penalty and without giving any reason.

 

On the other hand, the consumer loses his right of withdrawal when the products, after delivery and by their nature, are indissociably mixed with other goods, in accordance with Article VI.53, 6° of the Economic Law Code.

 

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

 

The consumer may notify his wish to withdraw from the purchase either by means of a withdrawal form available online on the seller's web shop, or on the basis of the withdrawal form available online on the S.P.F. économie site, or by an unambiguous statement setting out his decision to withdraw.

 

The consumer must return the products in perfect condition and in their original packaging. When products are delivered in kit form, they must be sent as such, and may under no circumstances have been assembled.

 

 

ARTICLE 7. Cancellation of the order

 

Customers who do not qualify for the right of withdrawal described in the previous article and who wish to cancel their order shall inform the seller, who will inform them of the steps to be taken.

 

Any deposit paid by the customer to the seller will not be reimbursed. If no deposit has been paid, the seller may claim from the customer a cancellation indemnity equivalent to 30% of the price of the products whose order has been cancelled by the customer.

 

ARTICLE 8. Delivery of the order

 

The products available on the web shop can only be delivered within Belgium. 

Free shipping for baskets over €250

Shipping will be charged at €35 for baskets of less than €250.

Deliveries are made by a transport company belonging to SOGEM, directly to the address indicated by the customer at the time of ordering. Deliveries are therefore made at the seller's risk.  

The delivery and/or execution times indicated by the seller during the ordering process are provided for information purposes only and are not binding on the seller. Any delay in delivery and/or execution of the order shall therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations, or payment of damages.

The order is delivered to the customer only after full payment has been received. The transfer of ownership and risk occurs when the order is paid in full, in accordance with article 5 of these General Terms and Conditions.      

The products delivered will be accompanied by their specifications as well as an explanatory manual for their use and/or assembly. 

SOGEM also has a collection service. For further details on this subject, please contact the company by e-mail at webshoporders@sogem-sa.com or by telephone, at the times indicated in article 21 below, on (+32) 71 25 39 60.

 

 

ARTICLE 9. Availability

 

The products offered for sale by the seller are subject to availability.

In the event of unavailability of one or more product(s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order or a delivery postponed until the end of the stock shortage of the product(s) concerned.

 

ARTICLE 10. Receipt of order and complaint

 

The customer is responsible for verifying the apparent good condition and conformity of the products delivered or collected from the collection point with the products ordered.

 

Any complaints must be made in writing within 8 days of delivery of the order or notification of its availability at the collection point. Failing this, they will not be taken into account and the customer will be deemed to have definitively received the order.

 

Any complaints relating to the services provided by the seller must be made in writing within 8 days of the event giving rise to the complaint. Failing this, they will not be taken into account.

 

If a complaint proves to be justified, the seller will have the choice between replacing or refunding the price of the products and/or services concerned.

 

 

ARTICLE 11. Intellectual and industrial property

 

The logo, drawings, brand, model, as well as any content accessible through the seller's catalogue or web shop site are protected by intellectual property law.

 

Unless expressly agreed otherwise in advance, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute, or create elements based in whole or in part on the elements present on the seller's web shop.

 

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

 

 

ARTICLE 12. Legal warranties

 

  1. Legal warranty for all customers

 

In accordance with articles 1641 to 1643 of the French Civil Code, the seller is obliged to guarantee products against hidden defects which render the products unfit for the use for which they were intended, or which diminish this use to such an extent that the customer would not have purchased them or would only have paid a lower price if he had been aware of them.

 

In the event of a hidden defect, the customer must act promptly in accordance with article 1648 of the French Civil Code and may choose between returning the product with the hidden defect for a full refund or keeping it for a partial refund.

 

The seller is not obliged to guarantee products against apparent defects of which the customer was or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee products against hidden defects of which he himself was aware at the time of sale and of which he failed to warn the customer.

 

Only the invoice, the purchase receipt or the warranty card attached to the product (proof of purchase) is valid as a warranty certificate for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

 

    1. Additional legal warranty for consumer customers

 

In accordance with article 1649quater of the French Civil Code, the customer who is a consumer is also entitled to an additional two-year warranty for any defects in conformity which existed when the product was delivered, and which became apparent within two (2) years of delivery.

    

If the defect appears within (2) two years of delivery, it is presumed to have existed since delivery. The seller must prove the contrary if he disagrees.

 

This warranty includes repair or replacement of the defective product at no cost to the consumer.

 

If, however, such repair or replacement proves impossible or disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree to a refund only if the customer returns the defective products.

The consumer may directly demand a price reduction or the dissolution of the sales contract when:

  • the seller refuses to repair or replace the goods;     
  • a defect remains despite the seller's attempt to repair or replace the goods;
  • the defect is so serious as to justify an immediate price reduction or termination of the sales contract;
  • the seller has declared, or it is clear from the circumstances that the seller will not make the goods conform to the contract by repair or replacement within a reasonable time or without major inconvenience to the consumer.    

On the other hand, if the defect is minor, the consumer cannot demand dissolution of the contract. It is up to the seller to demonstrate that the defect is minor.

The right to terminate the sales contract is exercised by means of a unilateral declaration of intent to the seller.

In the event of the sale of several consumer goods, if the lack of conformity concerns only some of them and if there is a reason to dissolve the sales contract, the consumer may only exercise his right of dissolution with regard to the non-conforming goods and the conforming goods acquired at the same time, if the consumer cannot reasonably be expected to want to keep only the conforming goods.

The two-year warranty period is suspended during the repair or replacement period.

 

The consumer does not benefit from a new two-year warranty period, but the period already begun resumes from the time of replacement or completion of the repair.

 

In the event that specific spare parts or accessories required to repair the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of use of the product.

 

The consumer must inform the seller of the existence of a lack of conformity, in writing, within a maximum period of two (2) months from the date on which he/she noticed the defect, on pain of forfeiture of his/her right of complaint.

 

Only the invoice, the purchase receipt or the warranty card attached to the product (proof of purchase) is valid as a warranty certificate for the customer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period begins on the date indicated on the aforementioned documents.

 

This warranty does not apply in the event of failure due to misuse, external causes, poor maintenance, normal wear and tear or any use not in accordance with the seller's instructions.

 

Nor does this warranty apply to changes in delivery time or place, or to defects of which he was aware at the time of sale.

In the event of damage, theft or loss of a product returned for repair, the seller's liability will in any event be limited to the sale price of the product.

 

At the end of the 2-year legal warranty period, the hidden defects regime set out in the paragraph above will once again apply (art. 1641 et seq. of the Civil Code).

 

c. Guarantee for the services provided

 

The seller undertakes to perform the services as any normally prudent and diligent person would.

The customer benefits from a guarantee of conformity of the services provided in relation to the services initially requested. If any anomalies are detected during this period, the seller will correct them free of charge and as quickly as possible, provided that the anomalies detected have been duly reported to the seller.

The guarantee of conformity expressly excludes services requested as a result of unauthorised intervention or modification, a handling error or incorrect use by the customer, or as a result of a fault caused by intervention by the customer or a third party.

The seller declares that the results of services which are protected by intellectual property rights constitute original creations. In the event that the seller calls upon external parties to carry out all or part of the services, it declares that it has obtained all the rights and authorizations necessary to perform these services.

Consequently, the seller guarantees the customer against any action, claim, allegation, demand, or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

 

ARTICLE 13. Responsibilities

 

The customer acknowledges and accepts that all of the seller's obligations are exclusively obligations of means, and that the seller is only liable for its wilful misconduct or gross negligence.

 

In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller, the loss that the customer may claim includes only the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (exclusive of tax) of the amount actually paid by the customer in execution of the order.

 

The customer also acknowledges that the seller is not liable for any erroneous data communicated by the customer, or in the event of an order placed in the customer's name by a third party.

 

Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer is faced with any restriction or additional tax to be paid due to the policy adopted by his or her country in this respect.

 

The seller declines all responsibility for any typing errors, inappropriate images on the site, in particular inaccuracies in the product description or technical data sheet, incorrect or modified prices (e.g., reflecting variations in supplier prices or currency fluctuations), inaccurate information on stock availability. The seller may correct these errors and modify or update the information at any time. If an incorrect price has been entered for a product you have ordered, the seller will inform you as soon as possible and will wait until you have accepted the corrected price before dispatching your order. The seller/supplier declines all responsibility for information from third parties on its site.

If the customer imposes on the seller a process or materials of a certain quality, origin, or type, despite the seller's written and reasoned reservations, the seller is released from all liability for defects caused by the choice of the said process or materials.

 

 

ARTICLE 14. Internet and new technologies

 

The customer acknowledges the restrictions and risks associated with the use of the Internet or any other means by which the web shop site is currently made available. The customer also acknowledges the risks of storing and transmitting information digitally or electronically. The customer accepts that electronic communications exchanged, and backups made by the seller may be used as evidence.

 

 

ARTICLE 15. Force majeure

 

The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance is the result of force majeure or fortuitous events.

 

In particular, the following events shall be considered as force majeure or fortuitous events:

 

  •  the total or partial loss or destruction of the seller's computer system or database where either of these events is unlikely to be directly attributable to the seller and it is not shown that the seller failed to take reasonable steps to prevent either of these events ;
  • Earthquakes;
  • Fires;
  • Floods;
  • Pandemics or epidemics;
  • Acts of war or terrorism;
  • Strikes, declared or not ;
  • Lock-outs;
  • Insurrections or riots;
  • Energy supply stoppages;
  • Internet network or data storage system failures;
  • Telecommunications network failures;
  • Loss of connectivity to the Internet or telecommunications network on which the seller depends;
  • An act or decision of a third party where such decision affects the proper performance of the seller's obligations;
  • Any other cause beyond the reasonable control of the seller.

 

 

ARTICLE 16. Unforeseeability

 

In accordance with article 5.74 of the new Civil Code, if, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. If no agreement is reached within a reasonable period, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

 

 

ARTICLE 17. Termination of contract

 

In the event of the customer's insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend performance of its obligations until the customer has repaid in full any unpaid debts owed to the seller.

 

In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.

 

 

ARTICLE 18. Illegality

 

The possible illegality or invalidity of an article, paragraph or provision shall not affect in any way whatsoever the legality of the other articles, paragraphs or provisions of these General Terms and Conditions, or even the remainder of the article, paragraph or provision concerned, unless a contrary intention is evident in the text.

 

 

ARTICLE 19. 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 they refer to.

 

 

ARTICLE 20. Non-waiver

 

No failure, neglect, or delay by any party to exercise any right or remedy under these Terms and Conditions shall be construed as a waiver of such right or remedy.

 

 

ARTICLE 21. Applicable law and competent courts

 

These General Terms and Conditions are governed by Belgian law.

 

In the event of a dispute relating to the validity, interpretation, performance or breach of these General Terms and Conditions, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.

 

The parties therefore appoint a mediator approved by the Federal Mediation Commission. Once the mediator has been appointed, the parties, with the help of the mediator, define among themselves how the mediation is to be organised and the duration of the process. Either party may terminate the mediation at any time without prejudice.

 

Consumers can also turn to the European online dispute resolution platform.

 

If the aforementioned amicable solutions fail, only the courts of the judicial district of Hainaut will have jurisdiction.

 

 

ARTICLE 22. Contacts

 

The company can be contacted by telephone on (+32) 71 25 39 60 or by email at webshoporders@sogem-sa.com

 

 

There is no additional charge for telephone calls.

 

The company's support and advice services are open from Monday to Thursday from 8:00 to 17:00 and can be contacted using the details given in the previous paragraph.

 

The Customer may ask SOGEM to send a pdf version of these General Conditions by email.

 

***

 

 

 

 

Version : 7. November 2023    

 

 

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