Terms of Sales
Article 1. General
1.1. These general conditions of sale (hereinafter the "General Conditions") apply to all commercial relations between the SPRL Global Vision, whose registered office is located rue Malibran 52, at 1050 Ixelles, registered with the BCE under the n ° 0474.276.649 (hereinafter “Global Vision”), and the client in the version in force at the time of the conclusion of the contract. These General Conditions are only applicable, excluding any general or specific conditions of the client that Global Vision would not have expressly accepted in writing, it being understood that any tacit acceptance by Global Vision is excluded.
1.2. The client is either a Consumer or a Professional. The term “Consumer” designates any natural person who acts for purposes which are not part of his commercial, industrial, craft or liberal activity, within the meaning of article I.1.2 ° of the Belgian Code of Economic Law ( "CDE"). The term "Professional" means any natural person or legal person pursuing an economic goal on a lasting basis (within the meaning of Article I.1.1 ° CDE) and, in general, any natural or legal person other than a Consumer.
1.3. The parties agree that any mixed contract, that is to say a contract for both sale and service, between them will be qualified as a contract of sale.
Article 2. Offers and orders
2.1. Unless otherwise stipulated, all offers are irrevocable for fourteen calendar days. The offer lapses if it is not accepted by the customer within this period.
2.2. Subject to what Article 4 provides, the contract is formed between Global Vision and the customer when the order form has been established by Global Vision, and after payment of the deposit by the customer, or, failing this, when Global Vision begins to execute the order. Provided that the contract is formed following the start of execution of the order, the invoice is worth confirmation of the order. Unless Global Vision has given written consent, any order cancellation must be made in writing within 7 days of the order form to be valid. In the event of subsequent cancellation of the order, Global Vision reserves the right to keep the deposit paid by the customer, as compensation, without prejudice to other compensation provided for in the General Conditions.
Article 3. Delivery and provision
3.1. Global Vision chooses at its discretion whether the order is delivered to an address communicated by the customer, or made available in store for collection. If necessary, the transport of goods may be carried out by a carrier designated by Global Vision. The latter is required to deliver the product within a reasonable period of time without this period being less than thirty days. Global Vision's liability or the customer's obligation to indemnify cannot arise from any delay in the delivery obligation. A termination of the contract by the client for this reason will only be accepted after formal notice to execute it within fourteen days, sent to the head office of Global Vision.
3.2. If the customer is a Consumer, the risk of loss or damage to the goods is transferred to the Consumer when the latter, or a third party designated by him, physically takes possession of the goods. The transfer of risks takes place even when the customer delays acknowledging receipt of the goods. The goods are delivered to the delivery address indicated by the customer, who alone bears the consequences. All delivery costs are borne by the customer.
3.3. When the client is a Professional, delivery is systematically carried out at the client's risk. This also applies to partial deliveries.
3.4. The customer is required to collect the goods ordered within seven days of their availability. Failure to comply with the above deadline, the customer will be liable to Global Vision, without prior notice, storage costs up to EUR 10 per day per merchandise. If the goods are not picked up by the customer within three months of their being made available, they will be deemed to have canceled their order and to have renounced the amounts already paid. If applicable, compensation for storage costs remains due.
3.5. The Professional, or their representative, examines the goods upon receipt in order to note any damage occurring during transport. The Professional must report and have confirmed in writing by the transport company or, failing this, by Global Vision, the visible damage as well as the packaging deteriorated during transport, under penalty of renouncing to take advantage of it.
3.6. The Consumer must report any visible damage to Global Vision. The approval of the goods is deemed to have been completed upon receipt, and no return of goods will therefore be accepted, except with the prior agreement of Global Vision.
3.7. In general and without prejudice to what is provided for in Article 4, a return of goods will only be accepted if (i) the goods and their packaging are in perfect condition, (ii) if the customer produces the invoice for the goods concerned, (iii) this return has been previously approved in writing by Global Vision, and (iv) if the customer pays the recovery costs set by Global Vision (ie min. 20% of the total price invoiced, to be added to any additional costs possible).
3.8. The customer is entitled to take a copy of the prescription for glasses established by Global Vision or by an ophthalmologist, provided that the customer has honored his (her) obligation (s) of payment under these General Conditions.
Article 4. Distance contracts
4.1. For the purposes of this article, "Distance contract" means any contract concluded between Global Vision and the Consumer, within the framework of an organized system of distance selling or service provision, without the simultaneous physical presence of Global Vision and of the Consumer, by the exclusive use of one or more remote communication techniques, until, and including when, the contract is concluded.
4.2. The Consumer acknowledges having read the information contained in article VI.45 CDE, in particular without being limited to it, (i) of the main characteristics of the good or service, to the extent appropriate to the communication medium used and the good or service concerned; (ii) the identity of Global Vision (including its business number and trade name); (iii) the geographic address where Global Vision is established as well as its telephone number, fax number and email address, when available, to allow the Consumer to quickly contact and communicate with it effectively ; (iv) the total price of the goods or services including all taxes or, when the price cannot be reasonably calculated in advance due to the nature of the good or service, the method of calculating the price and, where applicable, all additional costs of transport, delivery or postage and all other possible costs or, where such additional costs cannot reasonably be calculated in advance, a statement that they may be due; (v) the cost of using remote communication techniques to conclude the contract, when this cost is calculated on a basis other than the basic tariff; and (vi) terms of payment, provision of goods, and performance, the date on which Global Vision undertakes to make the goods available or perform the services and the terms provided by Global Vision for handling complaints.
4.3. In accordance with article VI.47 CDE, the Consumer has the right to retract within fourteen days without having to justify his decision. The withdrawal period is fourteen days from the day on which the Consumer or a third party designated by the Consumer, physically takes possession of the goods. To exercise this right of withdrawal, the Consumer must inform Global Vision in writing before the expiration of the period of fourteen days, by means of an unambiguous declaration, of its decision to withdraw from this contract. The withdrawal period is respected as soon as the Consumer sends his notification of withdrawal before expiration of the required period. If the Consumer withdraws from a sales contract, Global Vision will be required to reimburse without delay, at the latest within fourteen days following that on which it is informed of the Consumer's decision to withdraw in accordance with the above, all payments. For this reimbursement, the same method of payment as that used by the Consumer during the original transaction will be used at no cost to the Consumer, unless expressly agreed otherwise. Global Vision is legally authorized to postpone the reimbursement until the goods have been returned to it or, whichever is the earlier, until the Consumer provides proof that the goods have been returned. The right of withdrawal does not apply when it concerns goods made up to the specifications of the Consumer or clearly
Article 5. Payment
5.1. The prices are understood to include VAT and other taxes and contributions, to be increased by any transport costs as indicated at the time of the order.
5.2. Global Vision is entitled, before starting any contractual performance, to request advance payment by the customer to ensure compliance with the latter's payment obligations. In all cases, 20% of the price is due by the customer as a deposit, as soon as the order form is established.
5.3. Without prejudice to Article 5.2 and unless otherwise agreed, the sum due to Global Vision must be paid immediately upon taking possession of the goods and against receipt.
5.4. The payment period is a maximum of fourteen days after the date of issue of the invoice or purchase order. The customer is, without any formality of notification, default if he has not paid the amount due after the expiration of this payment period.
5.5. Any default in payment results, ipso jure and without prior notice, the payment of interest on arrears at the rate of 12% per year calculated day by day on the total amount of the invoice and on the basis of a year 365 days. In addition, any invoice not paid by the due date will be increased, as of right and without prior reminder, by an amount equal to 10% of the sums due, with a minimum of 25 euros.
5.6. In the event of delay or non-payment by the customer, Global Vision reserves the right, without prior notice, not to make the goods available to the customer and / or to cancel the balance of the order, without prejudice to all other rights.
5.7. Any dispute of an invoice must take place within 8 days of its receipt, and in no way authorizes the suspension of payment of other invoices or uncontested items of the invoice concerned.
5.8. The client recognizes Global Vision the right (i) to compensate any amount owed to it by the client, including under the General Conditions, with sums possibly owed to the client, and (ii) to charge any payment from the client on the client's oldest debt to Global Vision (by first charging interest and then the principal amount), regardless of the communication indicated by the client during payment.
Article 6. Retention of title
The goods sold remain the property of Global Vision until full payment of the purchase price. In the absence of full payment of the invoice, Global Vision reserves the right to cancel the sale and take back the goods, without prejudice to any other rights. If applicable, the deposit will not be refunded. Until full payment of the purchase price, the customer may not transfer ownership of it to third parties, give the goods as security or take any action that could endanger the property of Global Vision. If the above prohibition is not observed, payment will become due immediately. In the event of the resale of goods, even processed, belonging to Global Vision, the client immediately assigns to him all claims resulting from their resale, up to the remaining unpaid price, in principal, interest and accessories.
Article 7. Guarantee
7.1. Global Vision guarantees that the glasses, optical lenses and other products they supply comply with the contract and meet legal standards. In the event of defects found in the manufacture of glasses and / or other products, Global Vision is required to repair, or if it is impossible to supply, new glasses and / or products. In addition, Global Vision guarantees that the goods supplied meet the requirements of utility, reliability and lifespan set by the parties when the contract is concluded. The services to be provided will also be provided in accordance with the requirements of the professional diplomas in force. All warranty service requests must be sent by the customer to Global Vision (Telephone: +32 2 648 78 84 (during opening hours), Email: email@example.com).
7.2. For Professionals, Global Vision's warranty obligation is limited to the outright exchange of the defective part and no reimbursement, compensation or damages can be claimed for any reason whatsoever.
7.3. For Consumers, the legal warranty of 24 months is applicable. This warranty is valid for normal use, in accordance with the product's operating and maintenance instructions. It only covers defects of conformity existing at the time of delivery of the goods. The lack of conformity must be reported within two months of its discovery. In the event of exceeding the aforementioned deadlines, the Consumer is deprived of his right of complaint except if the exceeding of this deadline cannot reasonably be criticized.
7.4. In all cases, Global Vision must be offered a reasonable period of time to examine complaints and remedy any faults, without this period being less than fifteen days. If Global Vision considers that the cost of repair is disproportionate taking into account the purchase price of the goods concerned, the customer will agree to be reimbursed for the price, without any compensation whatsoever. When the customer calls directly on the manufacturer within the framework of the guarantee, the related costs are at his expense. In the event of intervention by a third party who is not designated by Global Vision, the benefit of the warranty is canceled.
7.5. Damage to goods presented for repair and / or other treatment and which, given their age, is more likely to cause damage, are borne and at the risk of the customer, provided that this is notified to him in advance.
7.6. The foregoing does not derogate from the rights which accrue to the Consumer under the law, including but not limited to the generality of the foregoing Articles 1649bis to 1649octies of the Belgian Civil Code relating to the guarantee in favor of the Consumer.
Article 8. Force majeure
8.1. Force majeure is understood to mean any unforeseeable and insuperable obstacle to the performance of obligations, beyond the control of Global Vision and beyond its control. The following events in particular constitute force majeure, whether they occur at Global Vision or one of its suppliers, even if they are only partial and whatever the cause: strikes, transport shortages, fires, floods, damage to equipment, riots, war, epidemic, accident, breakdowns, power cuts, disruption of a (telecommunications) network or of a connection or of a communication system used. This list is not exhaustive.
8.2. In the event of force majeure, Global Vision may choose to cancel orders, temporarily suspend the exercise of its obligations for the duration of the force majeure or even terminate the sales contract definitively. No compensation is due to the client in this case.
Article 9. Resolution
When the client does not fulfill, does not fully fulfill or does not fulfill in time any obligation towards Global Vision, if a stay of payment is granted to him, if he is declared bankrupt, or if is admitted to the judicial reorganization procedure or to the collective debt settlement procedure, it is automatically defaulting and all claims of Global Vision are immediately due. Without prejudice to the applicable mandatory provisions, Global Vision is entitled to immediately terminate, without prior notification or formal notice, the contract in whole or in part in the cases listed in this paragraph unless the breach - given its particular nature or its low importance - does not justify resulting in such a resolution.
Article 10. Liability
Global Vision is in no way responsible for damage resulting from the use made of the goods by the customer or third parties, unless it is due to a defect for which Global Vision is responsible following non-compliance with the warranty supplied or product warranty. In any event and without prejudice to other limitations agreed in the General Conditions, the responsibility of Global Vision is limited exclusively to possible direct damage and cannot in any case be held liable for damage caused by non-managerial staff from Global Vision or by third parties called upon, indirect damage, subsequent damage, immaterial damage, professional or environmental damage, including loss of profit or turnover, loss suffered, investments made, damage to reputation etc., except in the event of gross or intentional fault on the part of managerial staff on behalf of Global Vision. If, however, any responsibility lies with Global Vision, for any reason whatsoever, this responsibility is limited to a maximum of one thousand euros (ie: 1,000.00 EUR) per claim and five thousand euros (i.e.: 5,000 .00 EUR) per calendar year, except in the case of intentional or serious misconduct of the managerial staff on behalf of Global Vision and except in the case of bodily injury following a defect of the thing.
Article 11. Protection of personal data
11.1. The customer's personal data is collected and processed in accordance with the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
11.2. By accepting the General Conditions, the customer is informed and accepts that Global Vision collects, records, stores and uses the personal data collected from the customer in order to execute the sales contract.
11.3. By accepting the General Conditions, the client consents to Global Vision collecting and processing the following data concerning him: his name, first name, address as well as his email address, telephone number and civility, if applicable, and any other data necessary for the sale of Global Vision goods. The customer has the right to withdraw his consent at any time. However, the withdrawal of consent does not compromise the lawfulness of the processing based on the previously given consent.
11.4. Data is collected by Global Vision from the customer by means of the customer's purchase order or by telephone, fax or email, or by any other communication channel made available to the customer by Global Vision. This data is only collected so that Global Vision can execute the sales contract. The customer's personal data is kept for the time reasonably necessary for the execution of the sales contract and for a maximum of 7 years.
11.5. Global Vision makes every effort, both at the technical and organizational level, to guarantee a level of security in the processing of the data collected with regard to the risks presented by the processing and the nature of the data processed.
11.6. The customer has a right of access to personal data concerning him and held by Global Vision as well as a right of communication, copy, rectification, erasure or opposition to the processing of this data. To exercise one of these rights, the customer can contact the data controller by phone at +32 2 648 78 84 or by email: firstname.lastname@example.org.
Article 12. Complaints
12.1. For any possible complaint, the customer will try for a minimum period of two weeks, unless manifested contrary will by Global Vision, to find a solution with the latter, using the following contact details: Rue Malibran 52, at 1050 Ixelles (e-mail : email@example.com; Telephone: +32 2 648 78 84). Otherwise, Global Vision encourages the Consumer to use an alternative dispute resolution procedure, such as the online dispute resolution platform of the European Commission (http://ec.europa.eu/odr) or the Service de Consumer mediation (http://www.mediationconsommateur.be/fr). By following the aforementioned links, the Consumer will have access to all the useful information concerning the characteristics and conditions of use of these dispute settlement procedures.
Article 13. Miscellaneous
13.1. If one of the provisions of the General Conditions should be considered invalid and not binding, this provision would nevertheless be treated as a Gentlemen’s Agreement between Global Vision and the client. The parties would also be required to accept and contribute in good faith to the implementation of an alternative clause or a reasonable alternative arrangement consistent with the spirit of the disputed clause, in order to achieve as precisely as possible the objective pursued by the disputed clause.
13.2. In the event of any disputes or disputes, the courts of Brussels will have sole jurisdiction. Disputes are governed by Belgian law.