GENERAL TERMS AND CONDITIONS OF SALE - MYPYROSHOP.COM

ARTICLE 1 – GENERAL PROVISIONS

These terms and conditions are concluded between the public limited company, PROSECO, formed under Belgian law, on one side with VAT no. BE 0420 031 081, located at 3090 OVERIJSE, Terhulpensesteenweg 221D, hereinafter referred to as "PROSECO" and, on the other side, persons wishing to purchase goods via the PROSECO online sales website, http://www.mypyroshop.com, hereinafter referred to as "the Client" and governs the relations thereof.

All orders will be exclusively governed by these general terms and conditions of sale, to the exclusion of any other conditions featured in any other document, unless stipulated otherwise by the express prior written agreement of PROSECO .

Should one clause be deemed defective, it shall be considered governed by the procedures in force within the distance sales sector for companies with their headquarters in Belgium.
An order can only be submitted on the online sales site when all provisions set out below are accepted.

In the case that the Client does not review the PROSECO general terms and conditions of sale in its mother tongue, this fact cannot hinder the enforceability of these terms and conditions with regard to the client. The general terms and conditions are drafted and available for consultation in French, Dutch and English.

ARTICLE 2 - PRICE

Our prices are in Euro inclusive of VAT. The prices for our items and shipping costs can be modified on the site without warning.

The specifications included in our lists, prices, and quotes or in designs and engravings, and accompanying documents do not imply any commitment on our part of similarity in the construction or supply details. We reserve the right to modify our designs, manufacturing methods and techniques at any time. The photos and illustrative images are not legally binding.

As regards customs duties, where applicable, these are borne by the Client and payable on receipt of the delivery to the carrier.

ARTICLE 3 - ORDER

The order can only be registered if the user is clearly identified on the online sales site, and if all mandatory identification fields are filled in correctly. All orders require acceptance of these general terms and conditions of sale as well as the prices and description of products sold, subject to the right to withdraw as stipulated in article 8 of these terms and conditions.
PROSECO is only obliged to honour orders received via the website to the extent that stocks of the products are available. Should a product be unavailable, PROSECO undertakes to inform the Client of this at the earliest opportunity.

The sales contract between PROSECO and the Client becomes effective upon acceptance of the order by PROSECO . The order status must show as "accepted" on the sales site. In the 48 hours following submission of the order, PROSECO will send the Client a confirmation email for the order to the email address provided. If this confirmation email is not received in the time frame indicated, it is the responsibility of the Client to contact PROSECO at the following address only: info@mypyroshop.be as it is possible that the order has not been able to be registered for technical reasons.
PROSECO reserves the right to refuse any order from a Client with whom there is currently a dispute.

In all cases where the order cannot be confirmed and therefore the sale cannot be concluded, PROSECO undertakes to reimburse the Client immediately.
No orders may be cancelled, except with the written agreement of PROSECO and confirmed by the purchaser in writing, otherwise the goods will be delivered and invoiced.

ARTICLE 4 - PAYMENT

The payment is made as follows, unless otherwise agreed:

1. By credit card (VISA/MASTERCARD) via the secure Paypal system.
2. By debit card (BANCONTACT/MISTERCASH/MAESTRO) via via the secure Paypal system.
   These two solutions guarantee order processing within a maximum of 1 working day following submission of the order. The account is debited on submission of the order.
3. By traditional bank transfer into our Belfius Banque account: Account number: IBAN BE39 0688 8958 6219 BIC GKCCBEBB
   This is the slowest solution as the order is only encoded on the day following receipt of the payment into the PROSECO account (account statement acting as proof).

Unless agreed otherwise with PROSECO, the products ordered shall only be sent to the client after the payment has been credited to the PROSECO account.

ARTICLE 5 – DELIVERY

The goods are always sold, approved, received or understood to have arrived once they have departed our factories. Unless otherwise stipulated, the Client assumes all risks for the goods in transit, even where the carriage is organised by us.

At the time of ordering, the client must specify the acceptance and delivery procedures that it intends to use; without any instructions from the client, the supplies may either be, at our discretion, sent to the client automatically or made available for the client at our factories with all related issues in terms of fees, payment methods or details.

The protections put in place by ourselves to ensure proper conservation of the supplies: packaging, coatings, etc. must be removed by our clients at their own expense.
We do not accept any responsibility with regard to the performance over time of the items supplied with regard to all matters concerning cleaning and maintenance for which the client is responsible, which shall comply with current technical rules in this field and with regard to which we will be consulted in all cases.
The time frames that may be indicated in the order basket are the average normal time frames and correspond to the transport time frames, to which the dispatch processing times should be added.

In addition, when the Client orders several products at the same time and these items have varying dispatch times, the dispatch time for the entire order will be based on the longest time frame. Nevertheless, PROSECO reserves the option to split the dispatches. The processing and carriage costs will only be charged for a single delivery.
These time frames are provided for information purposes. PROSECO cannot be held liable under any circumstances should these deadlines not be met. A delayed delivery does not allow for the order to be cancelled or penalties to be applied, unless it has been expressly agreed when the order is placed, with reciprocal equivalent premiums in the event of early delivery. Additionally, these cannot be applied automatically: the client must provide proof of loss. Any modification to the client's heads of terms: splitting of deliveries, charges for specific urgent deliveries, approval delays to plans, automatically removes our obligation in terms of time frame.
The Client undertakes to supply, upon ordering, all information necessary for the delivery to ensure correct execution, notably any particularities relating to the delivery address (floors, difficult access, etc.) and a telephone number on which the carrier can reach the Client during the day.

PROSECO will advise the Client of the delivery day as soon as it is available. By default, the delivery will be made to the ground floor, reception area of the building indicated for delivery.
The Client must facilitate sufficient passage to receive the goods.
If the Client is absent on the delivery date announced, the goods are returned to PROSECO and re-sent at the Client's expense, after contacting the client.

A refused delivery or undelivered dispatch due to repeated absences of the recipient means the goods will be returned to PROSECO at the Client's expense.

ARTICLE 6 – RETURNS, EXCHANGES, WARRANTIES

The Client must check the quantity and condition of the goods on receipt of the delivery.
In order for any claim to be valid, it must be notified to the carrier during delivery and explicitly detailed on the delivery note, duly signed. No returns can be made without the prior agreement of PROSECO ; this agreement does not imply any acknowledgement of responsibility on the part of the latter.

The Client undertakes, after opening and checking the contents of the package(s), to sign the delivery slip presented by the carrier. By signing the delivery slip the Client expressly accepts the products delivered (in accordance with the order).
By signing the delivery slip without issuing any specific reservations, and accepting the products, the Client acknowledges having received the goods in a condition which it finds completely satisfactory.

In case of damage (damaged products): The Client must refuse to accept the the damaged product(s) from the carrier who will return them to PROSECO  and indicate legibly on the delivery note the reason for refusal as well as the number of packages refused.

The reservations must be notified to the carrier and PROSECO by registered letter with acknowledgement of receipt within three days of receiving the product. Beyond this deadline of three days following receipt of the products, the Client cannot come back regarding the quality of the products upon receipt of said products. If the damage is proven to be true, PROSECO will proceed to exchange the product(s) within the shortest time frame, without the possibility of any further compensation being claimed against it.

In the event of a missing product, the Client must check the delivery note to ascertain whether there are more packages listed than received. If this is the case, it means that the carrier will make 2 deliveries to the Client. If the number of packages on the delivery note corresponds to the number of packages received by the Client but one or several items are missing, then the Client is required to notify the carrier of this and contact PROSECO as soon as possible by mail or telephone.

ARTICLE 7 - WITHDRAWAL

If the Client is a consumer, within the meaning of Belgian law of 6 April 2010 concerning market practices and consumer protection, article 47 of this law is applicable. This article provides that the Client has a period of fourteen calendar days from the date of receipt or collection of the package to exercise his/her right to withdraw without having to justify the reasons for doing so, nor pay any penalties apart from return postage.
When the right to withdraw is exercised by the Client, PROSECO undertakes to reimburse the Client at the latest 30 days after receipt of the returned package(s). The reimbursement shall, in all circumstances, only take place following verification that the items returned are in good condition. The reimbursement may be credited to the bank card used for payment or by cheque made out to the Client. The delivery charges, return postage and administrative procedures are still payable by the Client and are deducted, where applicable, from the sum reimbursed.
To return the goods, the Client must return the items in the original packaging, in perfect condition, unused and accompanied with all accessories and any instructions, along with the related invoice(s) and return slip (attached to the order) duly completed, dated and signed. Items returned incomplete, damaged, broken, used or soiled cannot not be accepted.
Without the return slip, the product return cannot be processed within the normal time frames.

The products may be sent to our returns address:
PROSECO
Terhulpensesteenweg 221D
3090 OVERIJSE
BELGIUM
The method of return is at the discretion and expense of the Client.
Under no circumstances may PROSECO be required to manage the return of products.
Clients who are not covered by Belgian law of 6 April 2010 concerning market practices and consumer protection have no right to withdraw.

ARTICLE 8 - RESPONSIBILITIES

PROSECO cannot be held responsible for damage of any kind to property as well as any consequential loss or personal injury that may arise as a result of the improper use of the products marketed.
Any warranty is conditional on satisfactory maintenance on the part of the client. Intervention of a third party in the repair work or any possible amendments terminates the warranty automatically.
PROSECO cannot be held liable for any inconvenience or damage inherent to internet use, notably service disruption, outside intrusion or the presence of computer viruses or any event deemed to fall under force majeure, as recognised by law.
The parties accept, within the framework of their relations, electronic methods of proof, such as emails, back-ups, etc.

ARTICLE 9 - INTELLECTUAL PROPERTY

All elements of the website www.PROSECO.be, www.mypyroshop.com, be they visual or audio, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property.
They are the exclusive property of the company PROSECO  and MyBizzShop. The information, logos, drawings, trademarks, designs, slogans, graphic charters and more generally, the advertisements and the content of the site etc., accessible via the website are protected by intellectual and/or industrial property rights.
The projects, drawings, designs or samples remain the exclusive property of PROSECO . The client assumes the costs and risks related to the temporary possession thereof. Under no circumstance can these be submitted to third parties, under penalty of legal proceedings for compensation.
No clause whatsoever constitutes an assignment of design; all rights to reproduction are exclusively reserved to us.

ARTICLE 10 - POLICY CONCERNING THE RIGHT TO PRIVACY

By simply ordering from the www.mypyroshop.com website, the Client expressly authorises PROSECO to process his/her personal data and use said data for Client Administration purposes, order management, deliveries and invoicing, solvency monitoring, marketing and advertising. All personal data is intended for internal use by PROSECO .
The use of this data for marketing or advertising purposes is subject to prior agreement of the Client, issued during the order procedure when accepting the general terms and conditions of sale.
PROSECO reserves the right to collect data on the Client, notably when the client orders an item or through the use of cookies (a small file sent by an internet server, which is recorded on the hard drive of your computer. It keeps a record of the internet site visited and contains information regarding this visit).
In accordance with Belgian law of 8 December 1992 concerning personal data protection, you have the right to access or amend this data at any time as well as the right to object to the use of said data if you no longer wish to be informed about our activities. The Client has the right to access and amend data concerning him/her.
Further information relating to personal data protection in data processing can be obtained from the public registry (Commission de la Protection de la Vie Privée, Rue Haute 139 à 1000 Brussels or the website http://privacy.fgov.be).

ARTICLE 11 - DISPUTES

These general terms and conditions are subject to Belgian law. In the event that one of the clauses contained in this contract should become null and void as a result of a change in legislation or regulations, under no circumstances would this affect the validity and observance of these general terms and conditions of sale. The contractual language is French.
In the event of a dispute with a retailer concerning the interpretation, performance or validity of these general terms and conditions of sale, the only court with jurisdiction is the Commercial Court of Marche-en-Famenne.
This clause is also applicable in the case of multiple defendants. The action, by the Client, of placing an order with PROSECO implies acceptance of this condition and cancels all terms and conditions relating to the client's purchase order that may attribute jurisdiction to courts elsewhere and that PROSECO had not expressly agreed to, in writing.