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General Conditions of Sale

Home General Conditions of Sale

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General Conditions of Sale are intended to formalize the legal framework for transactions performed on the Dom&gy website, by establishing the responsibilities of each of the parties, including buyer and seller, and by ensuring complete legal protection. By defining all the methods applicable throughout the entire buying process, we can execute sales securely and we can limit disputes.

The present General Conditions of Sale comply with the latest European directives regarding e-commerce and with Belgian economic law, in particular as it relates to consumer protection and the methods of application of the “right of retraction”.

Article 1 : Field of application

The present General Conditions of Sale (named hereafter as “GCS”) are concluded between, for one, Gregory Léonard (national identification number: 83.03.01-311-65), founder of a company in the form of a physical person registered with the Banque Carrefour des Entreprises de Belgique under the number 0563.313.642, hereafter named “Dom&gy” (business name of the e-commerce website) and, for the other, any physical or moral person wishing to proceed with a purchase via the Dom&gy website, hereafter named “the buyer”.

Any order placed through the Dom&gy website presumes complete acceptance, without reserve and without condition, of the GCSs. These GCSs may be modified at any time by Dom&gy. The applicable GCSs are those listed on the site on the day the order is placed and included with the order confirmation email.

Article 2 : Contact information

Dom&gy ensures that the rights and obligations of each party are clearly stated throughout the purchasing process. If, while reading the present document, you have any question whatsoever, please do not hesitate to contact Dom&gy:

Dom&gy
VAT BE-0563.313.642
Website : www.domegy.be
Email : [email protected]

Address: Rue Longue 227 – 1370 Piétrain
Telephone number: +32 (0)478.30.32.84

These GCSs are permanently available for download (in PDF format) on the Dom&gy website, at the following web address:
https://www.domegy.be/conditions-generales/.

Article 3 : Contrary Clause

The present GCSs alone govern the entirety of the contractual relationship between Dom&gy and the buyer, and exclude any general conditions of the buyer. Any clause contrary to the present GCSs may only be applicable if it is accepted in advance in writing and expressly by Dom&gy. Any party that is co-contracting with Dom&gy waives any prevalence of its own general conditions.

The non-application of one or several provisions of the present conditions may never be considered by the buyer to be a waiver of these conditions.

Article 4 : Intellectual Property Laws

Dom&gy is the holder of intellectual property rights to the e-commerce service that is accessible from the www.domegy.be domaine name and any associated url addresses. The Dom&gy website is hosted by Société OVH.

The entirety of the Dom&gy website, including its architecture, its design, the presentation of ads, its interface, its database, its name, its domain name, remain the private property of Dom&gy, its suppliers, and other third parties with which Dom&gy has concluded agreements.

As such, and in compliance with the provisions of the intellectual property code, any reproduction, usage, redistribution, utilization, or communication to the public, whether in whole or in part, of the Dom&gy website or one of its elements is prohibited without the prior, written authorization of Dom&gy. Utilization for private purposes, as defined by law, is the only authorized use.

Article 5 : Characteristics of the goods and services offered

Dom&gy is an online seller of products selected from among the most reliable brands on the market, specifically adapted on the one hand for a reduction in the energy costs of homes and institutions, and on the other hand, for the development of residential home automation.

The products and services offered are those listed in the catalogue published on the Dom&gy website. Each product is accompanied by a description produced by Dom&gy. For some products, the buyer may also receive documentation provided by the supplier.

The photographs in the Dom&gy catalogue are as faithful as possible, but we can not guarantee perfect similarity with the product offered. There may be slight differences in color, design, placement, tone, or hue between the product listed and the the product delivered.

Article 6 : Rates

When the buyer’s purchase is validated, the buyer will be notified by the seller of the fact that the validation of the order will engender on these grounds an obligation to pay.

The prices listed in the catalogue are prices in euros with all taxes included, with environmental contributions included, and including VAT applicable at the time the order is entered, and at the the latest when the order is validated. The VAT applied is the VAT in force in Belgium.

The price of products bought and delivery fees, to the degree that they take place within the indicated geographical areas, are explicitly indicated during the final phase of the order, prior to validation and payment. The products will remain the property of Dom&gy until the complete receipt of the payment price.

Dom&gy reserves the right to revise its prices at any time, without being required to fulfill any formality whatsoever, with the understanding however that the price listed in the catalogue on the day the order is validated will be the only price applicable to the buyer. Nevertheless, in the event of circumstances that occur independently of the control of Dom&gy, such as modifications made by the buyer to the order entered, delays in provision of documents, etc., Dom&gy also reserves the right to revise these prices.

Between validation of the order and order delivery, if a product is no longer available, Dom&gy will endeavor to deliver a product with the same characteristics at a price equivalent to the product order, following the accord of the buyer. What’s more, if the product no longer appears in the Dom&gy product catalogue, the buyer will be informed and will be reimbursed at the latest within the 30 days following payment of the order (only if the transaction for the purchase of this product was indeed validated and not paid using a Dom&gy Gift Card).

Article 7 : Order Method

The products offered by Dom&gy are valid as long as they are visible on the Dom&gy website, and outside of clearly identified promotional operations on the Dom&gy website. Delivery times are listed on the Dom&gy website and on each product sheet.

When the order is placed, the buyer first has to create an online account providing the personal information required in the sign-up form. By validating the order, the buyer agrees that he or she is aware of the present GCSs, that he or she will provide an exact address for delivery and proper invoicing of the products, that he or she is the authorized holder of the payment method used to make the payment for his or her order, and that this method has access to funds sufficient to cover the amount of the order. All of the data provided and the confirmation recorded will equate to acceptance of the operations performed, the present GCSs, and proof of the transaction.

Upon placement of the order, Dom&gy will acknowledge receipt of the order and, as soon as possible, will send the buyer an order confirmation email.

Article 8 : Payment Method

To pay for the order, the buyer will use one of the payment methods indicated on the website, by email or by telephone during the placement of the order, which are Visa, Master Card, or if the payment system in place allows for it, any other bank card.

Online payments on the Dom&gy site are performed via a secure payment platform in order to guarantee optimal purchasing security and to combat fraud. The buyer’s payment card information communicated during payment never transits unencrypted over the network. Information is encrypted using an SSL protocol (Secure Socket Layer) so that it can not be accessed by a third party during transit over the network.

It is also possible to make payments via bank transfer, using the transaction servers of the buyer’s financial institution, according to the instructions sent by email by Dom&gy. The order is then only validated after consultation of the balance available in the bank account.

At the request of the buyer, a paper invoice will be sent to the buyer showing the VAT applied.

Article 9 : Liability during electronic transfers of funds

The security of electronic transfers of funds and the proper execution of payment orders generally falls exclusively under the responsibility of the financial organizations that manage these transfers. Dom&gy may not be held liable for any damage whatsoever that results from an error, omission, breakdown, or malfunction, or a reprehensible act for which it can not be held directly responsible.

It is the responsibility of the buyer to become aware of the general conditions and limitations of liability applicable to the payment services the buyer makes use of, particularly when executing a contract undertaken with Dom&gy. Transactions with Hipay are governed by Hipay’s general conditions, which may be consulted at www.hipay.com

Article 10 : Right of cancellation or suspension of the order

Dom&gy reserves the right to cancel or suspend any order and/or any delivery for any reason, and in particular: in case of a refusal of payment authorization by a bank card initiated by the buyer’s banking establishment, for commercial or technical reasons that are independent of the will of Dom&gy, in case of litigation that has been settled or is underway, or if there is a suspicion of a fraudulent order.

Dom&gy has, in addition and under all circumstances, the right to request payment in advance, cash payment, or a payment guarantee.

In the event that the buyer does not fulfill, does not fulfill in time, or does not fulfill in entirety one or more payment obligations, the buyer will owe Dom&gy interest of 12% per year on all late payments. In addition, the buyer will be required to pay all judicial and extrajudicial fees.

If Dom&gy may exercise the slightest claim against the buyer, which does not stem from merchandise delivered or to be delivered, or a claim due to non-compliance with such contracts, payments received by Dom&gy will be first applied to pay these debts.

Article 11 : Delivery method

Deliveries are made to the address the buyer has provided over the course of the ordering process, at the latest on the date indicated on the summary and payment page prior to validation of the order. Dom&gy will offer the buyer a variety of delivery service options. It is possible to deliver either directly to the buyer’s home or to another address the buyer has indicated over the course of the ordering process, or to a delivery location that was provided to the buyer. It is not possible to deliver packages to military addresses, general delivery addresses, or other delivery points previously defined. It is also possible to pick up a package directly at the address of Dom&gy.

Risks are assumed by the buyer starting from the moment the products have left the premises of Dom&gy, unless otherwise stipulated in writing or in the event the right of retraction has been exercised.

The conditions, costs, and delivery times will vary according to the type of product, the number of products ordered, the method and/or place of delivery chosen and may, depending on the case, lead to additional charges. In this case, this information and the total balance are clearly indicated at the time the method and means of delivery are chosen and on the order and payment summary prior to validation of the order. For more information regarding the delivery method and to consult a detailed presentation of rates, refer to the Dom&gy “Delivery Methods and Rates” page.

Article 12 : : In the event of buyer absence

If the delivery is performed by a transport service provider when the buyer is absent, a delivery attempt notice is left. The instructions to be followed for picking packages up are included in this notice. Dom&gy can not be held responsible for a delivery delay that is caused by the unavailability of the buyer following several proposed appointment times offered by the transport service provider.

Article 13 : Liability at delivery

In the event of a delivery delay, an email will be sent to the buyer to inform the buyer of a possible consequence to the date of delivery indicated during placement of the order. At that point, by email, Dom&gy will propose to the buyer a new delivery date.

Dom&gy declines all responsibility in case of missed delivery dates caused by transport service providers, in case of loss of the products ordered that can be attributed to transport service providers, and in case of strike by transport service providers. It is understood that upon receipt, the buyer should verify package conformity, the order, and all of the articles included within it, and this should be done in the presence of the person performing the delivery. If the need arises, reservations should be issued by the buyer at this time. Otherwise, the buyer will be considered to have approved of the delivery and any apparent flaws will be the responsibility of the buyer.

In the event of dispute involving the responsibility of the transport service provider, the buyer will need to fill out a legitimate claim with the transport service provider concerned within a period of three days starting from the delivery, and will also inform Dom&gy. Delivery delays can only incur the liability of Dom&gy according to the sole condition in which a grave fault is attributed to it.

If delivery is not possible because of a problem of access that the buyer had not brought to the attention of Dom&gy during order placement and the package is sent directly back, the buyer alone will bear the costs of delivery service by the transport service provider as well as any return fees.

Upon delivery, Dom&gy will no longer assume any responsibility other than that which is present in these GCSs.

Article 14 : Case of force majeure impacting delivery

Other than those regularly held by jurisprudence, the following events are considered to be cases of force majeure and will exonerate Dom&gy of its obligation of delivery and/or installation: wars, riots, acts of terrorism, acts of sabotage, inclement weather, violent storms, earthquakes, floods, destructions by lightning, epidemics, fires, explosions, machine destructions, blockage of means of transport or supply, improper function or interruptions of the electrical or telecommunications network, blockage of the supply or provision of electricity, chemical alerts, governmental or legal restrictions, strikes, lock-outs, occupation of the premises, work stoppages, and any other events independent of the express will of Dom&gy preventing the normal execution of delivery.

Article 15 : Installation service

As a general rule, installation of the material purchased from the Dom&gy website is the responsibility of the buyer. However, Dom&gy may offer the buyer an installation service for certain products. In this case, the buyer will need to make an installation request when the order is placed, by email, or by telephone. Rates regarding transportation and installation of the material will henceforth be determined through a common agreement made between Dom&gy and the buyer and will be clearly indicated on the final invoice.

Article 16 : Right of retraction

The buyer, who is a physical, non-professional person, will have a right of retraction of 14 full days (based on the postmark) starting from the day on which said person takes physical possession of the product or products, without having to justify the reasons, nor pay penalties, with the exception of return postage. If the 14 day period expires on a non-business-day, it is prorated to the next business day. No claim may be made against the vendor beyond the time limit.

In order for the buyer to exercise his or her right of retraction from Dom&gy, notification by registered letter with confirmation of receipt will be required (Dom&gy: Rue Longue 227-1370 Piétrain), which should include the order number and the account number (IBAN format) to which reimbursement should be made (you’ll find a sample form in article 18). The buyer will receive a return authorization confirmation by email.

The product should be returned in its original and complete state (packaging, accessories, manual, etc.), unused, undamaged, and in its original packaging, to allow it to be sold again as new, and should be accompanied by a copy of the purchase invoice. The buyer will also be asked to protect the articles returned in a manner that is at least equivalent to the protection used for the initial shipment. Otherwise, reimbursement for all or part of the price may be refused.

Dom&gy reserves the right also to claim an indemnity for wear of the product in the event that it is apparent that the buyer made use of said product which exceeds that which is necessary for the buyer to exercise his or her right of retraction.

The buyer who orders a product manufactured according to his or her specifications or which is clearly customized will not be able to exercise the right of retraction.

Article 17 : Reimbursement following exercise of the right of retraction

Reimbursement will be by bank transfer to the account number indicated in the registered letter with confirmation of receipt, as soon as possible, and at the latest within 14 business days following restitution of the product.

In the event of a total or partial payment in the form of a Dom&gy Gift Card, reimbursement by bank transfer will not be possible. The reimbursement will be made exclusively in the form of a Dom&gy Gift Card for an amount that is identical to the amount paid by this method.

In the event of a product is returned and reimbursement of said product is made, all advantages obtained during the purchase of said product will be cancelled.

Article 18 : Right of Retraction Template

I/We (*), with the present form, make notice (*) of the retraction of the contract related to the sale of the product (*) listed below:

Designation of the Product(s):
Ordered from: Dom&gy, Rue Longue 227-1370 Piétrain – VAT BE-0563.313.642
Order Number:

Ordered on (*) / received on (*):

First and last name of the buyer(s):

Address of the buyer(s):

Account number (IBAN format) of the buyer(s):
Date:

Signature of the buyer(s):

(*) Cross out anything that does not apply

Article 19 : Legal Guarantee

All of the products provided by Dom&gy are sold with a legal guarantee. The details on the legal guarantee are, either indicated on the specifications sheet of the products presented on the Dom&gy website, or indicated in the product user’s manual. This user’s manual should therefore be read upon receipt by the buyer and prior to use of the product. For some products, in fact, it is necessary, in order to benefit from an additional legal guarantee, to reigster on the manufacturer’s website. In this case, notification is clearly marked on the product packaging.

Defects or damages due to improper usage, such as water damage, oxidation, fall, or shock, negligence or wear, are not covered by the guarantee.

Likewise, the legal guarantee does not cover:

Replacement of consumables (batteries, bulbs, fuses, antennas, music player headphones, microphones, wear of recording or reading heads, etc.),
Abnormal or improper use of the products (please carefully read the user’s manual provided with the products),
Breakdown linked to accessories (power cables, etc.),
Defects and their consequences linked to intervention on the part of the buyer or a repairer other than a repairer approved by the manufacturer,
Defects and their consequences linked to a use that does not conform with the use for which the product was intended (professional usage, collective usage, etc.)

To benefit from the product’s contractual guarantee, you are required to keep the product purchase receipt.

Article 20 : After-sales service

In order to understand the steps to follow with respect to after-sales service for any problem or product breakdown, the buyer may contact Dom&gy at the number indicated in the order confirmation email and also accessible on the Dom&gy website – “Contact” page. Therefore, in the event of a proven non-compliance of a product sold or a product that does not match the order of the buyer, it may be returned to Dom&gy, which will take it back, exchange it, or reimburse for it acording to the conditions listed in the “legal guarantee” section of the present general conditions of sale.

The products should be returned in the state in which the buyer received them and should be complete with all of the elements included: accessories, manuals, packaging, etc.

If the product can not be repaired or exchanged (particularly if the product is no longer listed in the Dom&gy website catalogue), Dom&gy will offer a Dom&gy Gift Card of a value equal to the purchase price redeemed on the catalogue.

Article 21 : Case of force majeure in the framework of the present GCSs

Any lack of execution on the part of Dom&gy or the buyer resulting from a case of force majeure, which may delay or prevent execution of their collaboration, can not legitimately incur their liability.

Force majeure should, in the framework of the present GCSs, be understood to mean: “any unforeseeable or unavoidable circumstances, independent of the will of the parties, for which they are not responsible, and for which one could not reasonably expect of them that they would take them into account at the time of the conclusion of the contract, or that they could foresee or overcome them, even when these circumstances don’t render the execution of the contract totally impossible, rather they render the contract substantially more difficult and more onerous.” Dom&gy is not required to show proof of the unforeseeable or unavoidable aspect of this situation of force majeure.

Among others, but not to be understood as an exhaustive list, are these events to be considered to be cases of force majeure: strikes, natural catastrophes, extreme metereological conditions, fires, governmental measures, technical breakdowns, floods.

The party that is the victim of the occurrence of a circumstance that is defined as a case of force majeure will, by registered letter, inform the other party of such an event as quickly as possible, and in any case within the 8 days of the occurrence of this circumstance.

Article 22 : Liability

Throughout all the stages of access to the Dom&gy website, from placement of the order, delivery, or later services, Dom&gy is held only by a best endeavors obligation.

The liability of Dom&gy can not be incurred for any disadvantages or damages inherent in the use of the Internet network, such as a loss of data, service interruption, outside intrusion, or the presence of computer viruses, attempts to swindle by phishing (or other technique), misappropriation or theft of information, loss of operation, profit, total or partial impossibility of use of the products due to incompatibility, or any other involuntary problems.

Dom&gy declines any liability in case of damage or accident of any type, whether corporal or material, resulting from an improprer usage or usage contrary to the intention of the product, whether such damage occurs to the buyer or to a third party, even during the period of time allowed for seeking a claim.

In the event that Dom&gy’s liability is nevertheless incurred, it can only be bound to indemnify at an amount that can not exceed or an amount equal to the price of sale of the product(s).

The products sold by Dom&gy comply with Belgian legislation in force. Dom&gy can not be held liable in the event of non-compliance with the legislation of the country where the product(s) is/are delivered for any reason whatsoever. It is the responsibility of the buyer to verify with local authorities the conditions for importation or utilization of the products it intends to order.

Article 23 : Processing of personal data

Personal data pertaining to the buyer will comply with regulation regarding the buyer’s personal privacy with respect to the processing of personal data.

Dom&gy reminds the buyer that the ability to place an order on the Dom&gy website and the commercial relations that link the buyer and Domegy are subject to a prior registration procedure in which the buyer fills out fields within a form. The buyer gives his or her explicit accord to provide about him or her the correct, current, and complete data in the Dom&gy website identification form. In the event that the buyer does not fulfill his or her obligation of sincerity, Dom&gy reserves the right to suspend access to the Dom&gy website.

The online purchase is possible after authentication using an identifier and password that the buyer will choose during the registration process.

Personal data, order forms, and invoices are archived by Dom&gy on a reliable and durable support base, for purposes of management, for a period of 5 years.

Article 24 : Applicable law and competent jurisdiction

The present GCSs contain the entirety of the commitments made by the parties. These GCSs and the relations that link Dom&gy and the buyer are subject solely to Belgian law even if the buyer resides in or is living abroad.

In the event of possible litigation, competence is assigned to the courts of the judicial district of the Walloon Brabant. The parties agree to accept as proof of their relations any electronic communication between the parties, like emails.

In the event that one or more clauses of the GCSs become null and void due to a change in legislation or judicial decision, such an event can in no case impact the validity of the other clauses.

The original French text will have preponderant weight in the event of litigation.