GENERAL SALES CONDITIONS
1- REGISTRATION AND CONFIRMATION OF THE ORDER
1.1 Navigating on the site
The consumer can inform himself on the site of the several products which are offered for sale by Breaklight. The consumer can freely navigate on the different pages of the site, without this leading to a commitment in the form of an order.
1.2 Registration of an orde
If the consumer wants to place an order, he chooses the different products which interest him and he indicates his interest in these articles by clicking on the field "Add articles to my order". The consumer has always the occasion to: Get an overview of the Products he selected by clicking on "My Purchases", correcting possible errors while entering the data by clicking on "Back"; however, the correction is no longer possible once the consumer clicked on "Validating Order", ending the selection of the products and order them by clicking on 'Validating Order'. Unabated the preceding, it is explicitly stipulated that the consumer can benefit from some sale offers he received by post by clicking on the homepage of the site and by clicking on "Quick order". Afterwards a new page ("My purchases") is opened. The consumer mentions the "Advantage Code" which is noted on the sales offer he received, and he enters his order by communicating following data: the reference, the desired quantity and the size. If the advantage code is not recognized by the site, the Consumer retains the possibility to benefit from this sale offer by using other methods to order, with the exception of the site. The consumer can order the products he chose by clicking first on "placing order" and by identifying himself afterwards by means of his e-mail address and password that he created first in "Creating an Account". The consumer needs to fill out accurately the opened form, more specifically by entering all obligatory identification data, such as his name, first name, post address and professional activity. Moreover the consumer needs to fill out his e-mail address as well as a personal and confidential password he chooses himself. The consumer needs to enter his password in order to identify himself afterwards on the site. The consumer is explicitly informed and accepts that entering his identification data serves as a proof of his identity and this signifies he approves with the present general sales conditions. Once the consumer is identified, he needs to choose the delivery address. Afterwards an order form appears on the screen with the following data: the type, the quantity and the price of the products the consumer chose, as well as the total amount of the order, the personalia of the consumer and the delivery address of the products.
1.3 Definite confirmation of the order
From the moment the consumer clicks on "Validating the Order", the order is definitely confirmed: the order is registered and the sale is definitely closed. Hereafter it is no longer possible for the consumer to correct eventual errors which occurred while entering the order. The consumer will be characterized as a buyer. The order form is registered in the computer registers of Breaklight, which will be saved on a safe and durable data carrier, and which serves as a proof for the contractual relations between the parties. The contract will afterwards be archived electronically and is destined to be used exclusively by JM Bruneau. In accordance with the stated article 8 hereafter, the consumer has the right to cancel the purchase.We reserve the right to refuse any order. Orders may be refused if pricing is incorrect, in the event of failure to comply with previous orders or if Breaklight decides that items have been returned or lost too often in the past.We reserve the right to refuse any order. Orders may be refused if pricing is incorrect, in the event of failure to comply with previous orders or if Breaklight decides that items have been returned or lost too often in the past.
1.4 Confirmation of the order
From the moment the sale is definitely closed, Breaklight will send an order overview by e-mail, ultimately at the time of the delivery of the articles, to the e-mail address the consumer entered while placing the order. This confirmation includes all compiling elements the parties concluded and also serves as a proof of the purchase the parties agreed. It also has juridical value concerning the availability and the price of the articles. The invoice which will be addressed to the consumer at the moment of delivery will include the articles as well as the expedition costs of the order.
The technical characteristics and the specifications of the articles are mentioned in the valid catalogs. Breaklight reserves the right to change these characteristics at every moment. In the latter case the consumer will be informed of the change at the moment he transmits his order.
3- RESERVE OF PROPRIETY
Breaklight retains the reservation of propriety of the delivered goods until the invoice has been completely paid. All delivered goods which are present in the company premises of the consumer are subject to this reservation of propriety, until a proof of complete payment can be transmitted. During the total reserve of propriety the risks which could occur at the moment of delivery are the responsibility of the consumer. If an order is not paid within the fixed term, the sale will be dissolved in full right, if a notice sent by registered letter has remained unanswered. Afterwards Breaklight will immediately claim the concerned articles, at the expense and the responsibility of the consumer.
All prices are inclusif of VAT. The price of products will be as shown on the website breaklight.be at the time of your order registration (catalogue or internet). All prices are correct at the time of publishing but may change due to printing errors. Every effort will be made to ensure that prices shown on the website are accurate at the time of purchase. Our price offers and pro forma invoices are subject to the same validity conditions, unless it is mentioned differently on these documents. The prices need to be raised with the expenses for the total security guarantee, except if the consumer explicitly refuses to benefit from this guarantee.
5- PAYMENT TERMS
Under reserve of approval by our customer service and without any other explicit mention on the invoice, the payment should happen at delivery and without discount. In case of default of payment within the planned term of the total debt or a part of it, this debt as well as all other invoices will be directly claimable based on legal reasons. We also retain the right to suspend or to dissolve all current orders. Every late (even partial) payment of an invoice of the consumer on the due date will allow us to claim an interest on arrears on legal grounds and without a preliminary formal notice at the interest rate which has been determined by the Ministry of Finances and which has been stipulated by the law of 2 August 2002 concerning the fight against the late payments during commercial transactions. Moreover an amount of 15% on the claimable debt recovery will be charged with an irreducible minimum amount of 75 euro by way of flat fee.
The products which are offered by Breaklight answer to the valid Belgian norms and legislation. Breaklight cannot be held responsible for accidents which occur because the buyer misused the products or because the articles are handled by children or irresponsible persons. Breaklight cannot be held responsible for the content which appears on the connected websites and which is accessible throughout a link from our website.
Insofar Breaklight wouldn't be able to discontinue its integral responsibility based on legal regulations, the responsibility of Breaklight will in any case be restricted to damage which results directly from a manufacturing error and which consequently could be anticipated while signing a contract and which is also limited to the amount for which Breaklight has a warranty. The enterprise does not accept any responsibility for a loss of revenue, or for damage resulting from a loss in the broad sense of the word and/or other forms of direct or indirect damage from whichever kind. Breaklight can in no way be held responsible for damage which is not associated to the product and/or for non-conceptual shortages which depend from an external factor and which are thus not directly related to Breaklight, unheeded if the error is due to the consumer. If the material does not display any shortages related to the product or damage resulting from external factors and if Breaklight is held responsible for the assessed damage, the prior quoted responsibility restrictions will be applied. The consumer is responsible for the correct usage and the maintenance of the material and the programming according to the instructions and the recommendations of the supplier or the manufacturers. The consumer is also responsible for respecting the valid regulations, especially concerning safety. Breaklight is in no way to be held responsible for the dissatisfaction of the consumer regarding the purchased product, not even if Breaklight was aware of the expectations.
8 - COMPLAINT-RETURN
Every complaint regarding a shortage or an obvious manufacturing error assessed on the moment of delivery, should be declared within a period of 8 days after reception of the goods. Every return or exchange should occur after a preliminary accord by telephone and is only valid for products which were delivered for a period of maximum one month ago. The products should be resent in their original package and in a perfect condition. Made-to-measure products and personalized articles nor software can be returned. "Satisfied or money back"-guarantee. The goods which were returned for an exchange or refund, had to be delivered maximum 30 days ago and should be rendered in a perfect condition and in the original package. The articles have to be provided with all furnished accessories and documents, unopened sealed folders, unpacked and unused consumables. . For every complaint regarding an order, you have the opportunity to contact our customer service in order to handle your file.
9 - PROCESSING OF THE ORDER
Orders are processed under reserve of the available stock. Breaklight commits himself to deliver every ordered product within the agreed term. If this term is exceeded, the consumer has the opportunity to cancel the order or to accept a new term without claiming a discount or a damage compensation.