Terms & Conditions
1. Scope
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase agreement is concluded with Les Nouveaux Etablissements Charles Martin SA.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can put our products initially without obligation in the cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.
When the contract is concluded with us, depends on the payment method you have chosen:
Payment in advance
We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.
Credit card
By submitting the order, you also transmit your credit card data to us at the same time. Once you have become a legitimate cardholder, we will ask your credit card company to initiate the payment transaction and accept your offer.
PayPal
In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Cash on pickup
We accept your order by sending a declaration of acceptance in separate e-mail within two days.
3. Contract language, contract text storage
The language available for the contract is French.
The contract text is not stored by us.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up at Les Nouveaux Etablissements Charles Martin SA, Rue Joseph Martin 35, 4450 Lantin, Belgium during the following business hours: Monday to Friday from 10:00 to 16:00.
We do not deliver to packing stations.
5. Payment
In our shop you can always use the following payment methods:
Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
Credit card
By submitting the order, you also transmit your credit card data to us at the same time.
Following your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
PayPal
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
Cash on pickup
You pay the invoice amount when picking up cash.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to you, irrespective of any combination or mixing of the reserved goods with a new item Invoice amount to us in advance, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.
7. Transport damage
For consumers applies:
If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we forward the item to the freight forwarder, the carrier or otherwise have shipped to the person or institution to carry out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain untouched. In contrast to entrepreneurs, an agreement on the condition of the goods only applies to our own data and the manufacturer's product descriptions which were included in the contract; for public statements of the manufacturer or other advertising claims, we assume no liability. If the delivered goods are defective, we provide to entrepreneurs at our discretion, first by our choice by rectification of the defect (repair) or by delivery of a defect-free item (replacement) .The above limitations and time limits shall not apply to claims arising from damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the case of intentional or grossly negligent breach of duty and malice in violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, insofar as the area of application of the product liability law as agreed upon You will find information on additional guarantees that may apply and their exact conditions in each case at the product and on special information pages in the online shop.Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 10:00 to 16:00 clock at the Telephone number 0032 4 263 96 05 and by e-mail at info@martinsystem.com.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in the case of warranty, if agreed, or insofar as the scope of the Product Liability Act In the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly trust (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to at the conclusion of the contract foreseeable damage, the occurrence of which typically must be expected. Incidentally, claims for damages are excluded.
10. Dispute settlement
The European Commission provides an online dispute resolution (OS) platform, which can be found here https://ec.europa.eu/consumers/odr/. We are not committed and unwilling to participate in a dispute settlement procedure before a consumer dispute resolution service.
11. Final
ProvisionsIf you are an entrepreneur, then Belgian law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops Legal texts in cooperation with Wilde Beuger Solmecke Rechtsanwälte