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GENERAL CONDITIONS OF SALE

Foreword

These General Conditions of Sale are applicable to all commercial operations relating to products sold by VGP SPRL through the company’s website. By placing an order on the website of VGP SPRL you agree to having accepted the general conditions set out below.

By filling in and confirming the order form, the client acknowledges that he/she has taken note of the general conditions of sale and accepts them in their entirety. Confirming the order is equivalent to having accepted the conditions.

1. Definitions

The terms used in the general conditions of sale and on the website are to be interpreted as follows:

1.1 VGP: the website of the company VGP SPRL on which the Products are presented and sold to clients.
1.2 Client: any legally competent natural or legal person who places an order and agrees to purchase a Product through VGP’ website.
1.3 Order: request to conclude a sales agreement from the client between VGP and said client and concerning a product offered for sale by VGP SPRL.
1.4 Product identity card: provides all of the information relating to a Product on sale on the VGP SPRL website (text, photographs, graphics…).
1.5 Product: all goods offered for sale by the company VGP SPRL on the company’s website.
1.6 Transaction: all operations, secure processes, authorisations and agreements inherent to the payment of products ordered by bank card or any other form of virtual transaction offered by the site.

2. Purpose

VGP SPRL offers for sale online “spare parts and accessories” for smartphones, tablets, etc.

The client voluntarily connects to the website and, by filling his or her shopping basket, places an order for the products that he or she has freely selected whilst navigating around the site (article 3). The products being purchased are paid for online using one of the solutions offered on the site (article 7). VGP SPRL confirms the order via an automated email which recalls the details of the order and the products are dispatched to the client in a specified timeframe (article 4).

3. Order

3.1 All of the details provided by the client when placing the order shall be binding on the latter. VGP SPRL cannot be held liable for any errors made by the client when entering details of the address of the order recipient (be it the delivery address or the invoicing address), for any delays in making the delivery or should it prove impossible to deliver the products that have been ordered as a result of these errors.

3.2 Automatic registration systems will be considered proof of the nature, the content and the date of the order as well as all of the transactions carried out.

3.3 As soon as a sale is concluded, VGP SPRL will confirm the order by sending an automated email containing all details of the order to the email address provided by the client. The sale is only concluded upon receipt of payment.

3.4 The products offered for sale by VGP SPRL are almost all in stock. If the requested product is not in stock or is no longer available immediately, VGP SPRL shall inform the client and communicate the expected date of delivery via email. If the date is not convenient for the client, the client may ask to modify or cancel the order outright.

3.5 Only legally competent persons are authorised to place an order via our website.

3.6 In a general way and without justification, VGP SPRL reserves the right to suspend the order confirmation, refuse or cancel the order under the following circumstances: -communication of incorrect details; - problems paying for the order in question; - dispute regarding a failure to pay for a previous order; - denial of authorisation from the client’s bank or financial institution; - order for an abnormally high and/or low number of products; - order for an abnormally high or low total amount;

This list is not exhaustive.

3.7 The definitive and paid invoice is attached to the package.

4. Delivery

4.1 The delivery costs are borne entirely by VGP SPRL for any order exceeding 50 €. Following confirmation of the order and once the payment has been approved by the body in charge of the transaction, VGP SPRL agrees to deliver the products ordered by the client to the delivery address specified when placing the order and as soon as possible (for information purposes: 24 to 72 hours for Belgium, 2 to 5 days for Europe, 3 to 10 days for the rest of the world).

4.2 Deliveries are carried out by post or B PACK (at the client’s request). VGP SPRL shall in no way be held responsible for any delays in delivery nor can they be required to pay compensation or cancel outright the client’s order.

4.3 Upon receiving the parcel, the recipient of the order must inspect the quality of the product and check the parcel contents. Should one or several of the products in the order be missing or damaged, the recipient of the parcel must convey their reservations to the transporter at the time of delivery.

4.4 For all damages or losses arising and in accordance with the law of 06 April 2010 relating to market practices and consumer protection, the risk of damage or loss is assumed by the distance seller. If the received parcel does not correspond to the products purchased or any damage is detected, the client may return it to VGP SPRL within 7 days of receipt. In accordance with the client’s request, VGP SPRL shall then proceed to either exchange or offer full reimbursement for the order and shipping costs within a period not exceeding 30 days following the return of the parcel. VGP SPRL, however, reserves the right to refuse to reimburse the client for the returned products when the products have been damaged by the recipient.

4.5 If on the day of delivery the parcel is not received, the transporter shall leave a delivery notice stating where the parcel can be collected. In the event that the parcel is not collected by the intended recipient, it is returned to VGP SPRL and the recipient is informed by email. The client may request another delivery attempt but all shipping costs are at the client’s expense.

4.6 Any resale of the received goods, either wholly or partially, by the client or the recipient is forbidden.

5. Right of retraction

5.1 In accordance with the law of 06 April 2010 relating to market practices and consumer protection, the client retains the right to withdraw from the purchase without penalty and without giving any reason. To exercise this right, the client has a total of 14 calendar days beginning on the day of receiving the items purchased in which to return them to VGP SPRL to exchange or receive a refund. To obtain redress, the client must return the products in their original and intact packaging together with a copy of the invoice. The parcel should be sent at the cost and responsibility of the client to the following address: VGP SPRL/MACMANIACK, Rue Alphonse Sprumont 5, 4801 STEMBERT

5.2 If the products are returned to VGP SPRL under the conditions and by the deadlines specified, VGP SPRL undertakes to reimburse the sums paid by the client. Having borne the initial delivery costs, however, VGP SPRL, reserves the right to deduct the costs from the total sum to be reimbursed. The amount will be reimbursed within the month following receipt of the returned order.

6. Prices

6.1 The prices displayed on the website and on the order confirmation sent by email once the order has been received are the definitive prices expressed including all taxes, including VAT. The price includes the price of the products and the costs of handling, packaging and storage.

6.2 Unless otherwise specified, all prices indicated are inclusive of VAT. This must be paid by all non-taxable consumers who are resident or have their headquarters in one of the countries of the European Union. It is also payable by taxable consumers with their headquarters based in Belgium. Taxable consumers, however, with their headquarters in another country of the European Union and wishing to receive their delivery in this country (France), shall be invoiced exclusive of VAT in accordance with 39bis of the VAT code. It is, however, the responsibility of the consumers concerned by this VAT exemption to declare the import so as to respect fiscal legislation in their country of establishment. In any event, clients who are subject to VAT must declare their VAT number when ordering. If the VAT number is not provided or if the number provided is incomplete or contains errors, VGP SPRL reserves the right to suspend the order.

6.3 VGP SPRL also reserves the right to amend prices at any moment. Nevertheless the prices which appear in the final invoice are based on the rate applied at the time of placing the order.

7. Payment

7.1 The order must be paid for using at least one of the solutions offered on the website on the day of placing the order. There is guaranteed protection both against fraudulent use of means of payment used for the transaction especially following an act of piracy as well as any payment disputes when an order has been received.

7.2 Once validated by the client, the order only becomes effective once the secured bank payment centre has expressed their agreement on the execution of the transaction. In the event of the bank payment centre declining the payment, the order will be automatically cancelled and the client will be informed by email.

8. Warranty

8.1. All Products purchased from VGP Concept sprl benefit from the legal guarantee of articles 1649 bis and following of the Civil Code, for any lack of conformity existing at the time of the delivery of the Product, provided that the Customer does not know or is not supposed to know the defect at the time of the conclusion of the contract and this, to the extent that this lack of conformity appears within a period of 2 years as from the delivery. The Customer must inform Macmaniack of his intention to use the legal guarantee, via the procedure available here, at the latest within 2 months from the day he found the defect. The costs of returning the non-compliant Product will be borne by MacManiack, if and only if the return is made via the services offered by VGP Concept to the Customer, failing which the latter will pay the difference if he decides to choose a other more expensive service. However, the Customer will bear all the risks related to the loss of the product during the whole duration of the return transaction.

8.2. In no case MacManiack can not be held responsible for non-compliance with regulations and laws in force in the country of reception. The eventual liability of VGP Concept is exclusively limited to the value of the product in question, determined at the date of sale.

The customer can contact the customer service by going to his customer area, through the following procedure: service procedure

9. Responsibility

9.1 Under no circumstances may VGP Concept SPRL be held responsible for any kind of damages that could be caused by improper use of the marketed products.

9.2 Nor shall VGP Concept SPRL be held liable for any possible changes made to products (composition, packaging…) made by the manufacturers of the products.

9.3 The responsibility of VGP Concept SPRL shall, in any event, be limited to the amount of the order and may not be invoked for simple errors or omissions that may have arisen despite all precautions taken in the products’ presentation (especially on their identity card).

9.4 The VGP Concept SPRL website contains links to other websites. VGP Concept SPRL cannot be held responsible for the current or future content of these sites, nor for the content of any external sites where there is a link to their website.

10. Personal data

10.1 The collection of personal information for distance selling purposes is compulsory as this information is essential for order processing and delivery. A failure to provide this information will result in a failure to validate the order.

10.2 VGP SPRL respects the law of 08 December 1992 relating to the use of personal data. This law stipulates that the company gathering personal data must obtain the consent of the person concerned, that the data must prove to be accurate and that they must be collected for a precise, clear and legal purpose. Anyone must have access to his or her personal data and possesses the right to amend them. In accordance with the law, the processing of personal information concerning clients is subject to a declaration before the Commission for the Protection of Privacy. The client retains the right to access, modify, rectify and remove any data regarding their person which can be exercised before VGP SPRL.

10.3 VGP SPRL shall undertake never to disclose nor communicate data collected on its clients to third parties.

11. Intellectual property

The texts, layouts, illustrations, photos and other elements appearing on the website of VGP SPRL are protected, in a general manner, by the principles of intellectual property law. The content of the VGP SPRL website may not be copied. It may not be amended, nor may it appear on any other website or be published in any other form without prior approval in writing from VGP SPRL. The site may also carry texts, illustrations and other elements protected by third party copyright law. Under no circumstances does VGP SPRL authorise the use of their intellectual property, nor that of third parties.

12. Disputes and applicable law

Should any difficulties be encountered in the application of this contract, the client and VGP SPRL shall endeavour to seek an amicable solution prior to taking any legal action. If this is not possible, only the courts of Liège are competent, regardless of the place of delivery of the products or the client’s domicile.
Contracts and all legal relations between the client and VGP SPRL are subject to Belgian law.