General conditions of sale
These general conditions of sale (GCS) are concluded on the one hand by SPRL Hg3, registered with the ECB under number 0631.716.557, having its registered office at Place des Guillemins 2, 4000 Liège (Belgium), represented by its manager, Ms Corine Meyer (Hg3), and on the other hand, the customer wishing to make a purchase through the Hg3 Internet site (https://shop.hg3-dist.com) (the Customer).
Article 1 – Fields of application
These general conditions of sale (GCS) apply to the formation and performance of all contracts of sale concluded between Hg3 and the Customer through the electronic sales website https://shop.hg3-dist.com (“shop.hg3-dist.com” or the “website”).
They are intended to define all terms and conditions of sale between Hg3 and the Customer. They further contain legal and compulsory information relating to the Customer as well as to Hg3 in the area of distance selling and online commerce.
They apply generally both to consumers and to professionals subject to certain stipulations that concern only one of these two categories.
All contractual relations between Hg 3 and the Customer are governed exclusively by the content of these general conditions to the exclusion of all other general or specific conditions brought up earlier or later, directly or indirectly, printed or not, and this whether they are expressed on the front side or overleaf of any offer, order form, bill, correspondence and/or of any other document coming from the Customer.
Article 2 – Contacts
For any question related to placing an order and to performance of the contract of sale concluded between Hg3 and the Customer, the Customer has the option of getting in touch with Hg3 through one of the following channels:
- By email: email@example.com
- By telephone: + 32 (0) 4 325 00 13
- By fax: + 32 (0) 4 706 52 50
Article 3 – Order
The Customer can place orders online, by post or by telephone. All orders entail formal acceptance by the Customer of these general conditions of sale as well as of the prices and descriptions of the products.
Article 4 – Products and responsibility
The presentation of the products by HG3 shall be considered a mere proposal, without commitment on its part, intended exclusively for persons of age and whose capacity to contract is not restricted.
As concerns products with the EC marking, Hg3’s responsibility is limited to availability of the certificate of conformity and shall in no case replace the manufacturer’s responsibility or that of the certifying organisation.
Although Hg3 takes great care to update the information on the shop.hg3-dist.com website regularly, the photographs and reproduced texts illustrating the products have no contractual value. Consequently, Hg3’s responsibility can in no way be engaged in case of an error, omission or inaccuracy in one of these photographs or texts.
In no way can Hg3’s responsibility be invoked in case of inappropriate use of the product or products purchased by the Customer or in case of a use not corresponding to its normal use or in that of failure to observe the methods of use of the product described on the website.
Article 5 – Price
The prices listed on the Internet website are valid exclusively for orders placed on the website https://shop.hg3-dist.com to the exclusion of any other method of ordering such as post or telephone.
The prices indicated are subject to change at any time without prior notice. The prices applicable to the sale resulting from an order are solely those of the price in force at the time the contract is concluded.
In any event, Hg3 formally reserves the right to modify or correct its prices at the time of billing in order to take account of any possible computer error or display error linked to the technique of distance selling over the Internet.
Prices can vary according to commercial conditions and promotional offers. They are indicated on our website in Euros, tax inclusive, net of handling and shipping costs.
The price applicable to all orders placed by another method than through the website (e.g., ordering by telephone, post, at a trade fair, etc.) shall be that communicated by Hg3 at the time of the order concerned. The Customer’s acceptance materialises his agreement on this price and on any incidental costs that might be indicated.
Moreover, Hg3 is entitled to claim additional costs covering the cost borne by it for the use of specific means of payment.
Shipping costs are indicated at the time the choice of delivery is made by the Customer.
Article 6 – Country of delivery and currency
Hg3 delivers only in the member countries of the European Union.
All orders, wherever they come from, are billed and payable only in Euros.
Article 7 – Availability of the articles
The articles proposed by Hg3 are offered within the limit of available stocks. Although our product base is regularly updated, some articles may be momentarily or definitively unavailable. This unavailability shall in no case engage Hg3’s responsibility.
If one or more articles were to be unavailable after ordering, Hg3 shall personally inform the Customer thereof as quickly as possible, either by email or by telephone. Hg3 shall then refund the sums collected for these articles without the Customer being entitled to claim any additional compensation.
Article 8 – Terms of payment, transfer of ownership and of risks
All payments are made solely online at the time of ordering. Hg3 offers a wide choice of usual methods of payment. Moreover, all methods of payment made available by Hg3 are secure.
In case of payment by banker’s card, the Customer shall provide his banker’s card or credit card number, the control number and the expiry date.
The products remain the exclusive property of Hg3 until payment for the order is complete, whatever the date of delivery and the means of payment.
In the case of sale to a professional Customer, the merchandise shipped by Hg3 shall travel at the Customer’s exclusive risks and perils.
In this case, the risks are taken over by the Customer as from the beginning of the operations of loading the merchandise at the Hg3 registered office, which contractually materialises taking possession with regard to the Customer, and this whatever the means of transport used and the conditions of payment provided for.
In case of sale to a consumer Customer, the transfer of risks takes place at the time the Customer or a third party designated by the Customer takes physical possession of the merchandise. However, when the Consumer has requested intervention by a carrier that has not been proposed by Hg3, the risks are transferred to the Customer at the time Hg3 remits the property to the carrier.
Article 9 – Confidentiality of personal data
Hg3 attaches the greatest importance to the confidentiality of personal data and has made every effort to ensure this confidentiality. Personal data are recorded solely for the needs of trouble-free delivery, billing and follow-up on relations with the Customer (right of withdrawal, satisfaction, claim, etc.).
In application of the relevant regulations, these data can be consulted and rectified through the Hg3 Company.
Hg3 can use these contact data in order to inform you of its new offers. At any time, the Customer can, by consulting his account and, with a mere click of the mouse, free of charge, refuse this service of information.
Article 10 – Contract
The contract is concluded only in the French, German or English languages at your choice. It is concluded in observance of the laws of Belgium.
Conclusion of the contract takes place in five steps:
- Choice of products
- Choice of type of delivery
- Recording of contact data for delivery and billing
- Final acceptance by the Customer and payment
- Final acceptance by confirmation on our part
Choice of products
- The Customer can put the products presented in the online shop in his shopping basket by clicking Add to shopping basket
- The Customer can visualise the products chosen by clicking on See shopping basket
- The Customer can remove or add products as much as he likes by changing the quantities or by clicking on Remove
- Before finalising his purchase, the Customer can review his choices by clicking on See the shopping basket
- So long as the Customer does not click on the purchase button, he can return to his choices at any time by clicking on Return or by abandoning the session
- At this point, the order is still not firm. It will be considered final only after payment is accepted online
- To continue the steps for acceptance of the contract, the Customer must click on Buy
Choice of type of delivery
- The Customer has a choice between several types of delivery, the principal difference being the delivery time. Moreover, the Customer can choose between several points of delivery: relay points, exact address
- Hg3 draws the Customer’s attention to the fact that if the Customer is absent at the time of delivery, delivery will be made by default at the relay point closest to the place indicated
Recording of delivery and billing data
- If the Customer is not already registered, he must construct a customer file. If the Customer is already registered, he accesses his account
- It is from his account that the Customer can access the status of his orders
- The Customer must record his contact data as well as the data for delivery
- The Customer alone is responsible for the data he provides in his customer file as well as for any or all consequences that might result from their being inaccurate
Final acceptance by the Customer and payment
- A summary of the order describing the conditions of the contract proposed can be accessed by the Client:
- Customer’s data, billing address and delivery address, if they are different
- Article, quantity, price
- Delivery costs
- VAT applicable in the country of delivery
- Total amount due
- The Customer gives his final approval:
- By reading and accepting the general conditions of sale
- By formally accepting the general conditions by ticking the box ‘I have read and I accept the general conditions’
- By making payment online
Acceptance of the contract by Hg3
- On receipt of consent from the Customer’s bank, Hg3 sends an acknowledgement of receipt to the email address provided by the Customer in the language chosen by him (French, English, German). An order number allows the Customer to follow the progress of his delivery on our website. This email materialises conclusion of the contract.
Article 11 – Delivery
Hg3 shall strive to carry out its deliveries as quickly as possible except in the event of a rupture of stock or in a case of force majeure (strike, natural disaster, terrorism, etc.).
A follow-up email is sent to the Customer to keep him informed of his delivery, provided the Customer has sent a valid email address.
If, after one (1) month, delivery has not taken place, for whatever reason, the Customer has the possibility of cancelling said order. Refund shall take place within five (5) days through the same circuit by which payment was made.
Moreover, Hg3 declines all responsibility in case of a delay in delivery which is attributable to the postal services or to the other means of delivery used.
Article 12 – Deadlines for withdrawal – Right of return
If, for any reason, one or more articles are not suitable, the Customer has a period of withdrawal of fourteen (14) calendar days as from receipt or availability of the articles at the relay point in order for these articles to be returned.
Returns are payable by Hg3 on condition that the procedure below is followed rigorously.
To be accepted, the returned articles must be in a good state, neither worn nor washed, with their original labels and in the original packing.
If the Customer encounters difficulty exercising his right of withdrawal, he can contact Hg3 by email free of charge at the address firstname.lastname@example.org, providing a telephone where he can be reached. The Hg3 employees speak French, German, English, Spanish and Italian.
Articles that have been spoiled, damaged or dirtied by the Customer are not taken back. In no case can Hg3 be held responsible for the deterioration of articles after receipt by the Customer if no reservations expressed on the carrier’s or the post office’s delivery slip.
Although the Customer is never bound by any obligation to state a reason for his desire to exercise his right of withdrawal, Hg3, with a constant desire to improve the quality of its products and services, is always interested in knowing the reasons for the Customer’s decision, which shall always be handled confidentially.
As for professional Customers, they are required to exercise their right of withdrawal by sending an email to the address email@example.com giving their name, order number and clear statement of intent to invoke their right of withdrawal.
The Customer will receive an agreement and the methods for return from a place close to his initial address for delivery. Within five (5) days, he will be required, following the instructions, to return the article or articles in question. After this period of time, unless formally agreed otherwise by Hg3, the latter shall consider that the Customer has waived his right of withdrawal.
Beyond this period of time, Hg3 shall consider that the Customer accepts the merchandise without reserve, and any attempted return shall be considered null and void.
No return outside this procedure will be accepted for any reason whatsoever without prior consent.
In order for the price to be refunded, the articles must be received by Hg3 with the same presentation and in the same state as when they left its premises.
If the article represents the entire order, the price will be refunded together with the shipping costs. If the article is only part of the delivery, the price is refunded with the exception of shipping costs.
Hg3 shall refund the sums collected without excessive delay within fourteen (14) days following the day it has been informed that the Customer has exercised its right of withdrawal.
Article 13 – Commitment on quality
The articles sold by Hg3 are covered against all manufacturing defects for a period of two (2) years following the date of sale.
If, at the time of delivery, it were to occur that an article is defective or non-compliant, Hg3 shall refund the price of said article or replace it subject to the following conditions:
- return of the merchandise in its original packing in a perfect state;
- accompanied with a substantiated request together with its bill;
- on condition that the defective nature or non-compliance be stated within eight (8) days of delivery
If, after delivery, the Customer wishes to exercise his right to warranty, he shall inform Hg3 thereof by email at firstname.lastname@example.org providing, at a minimum:
- His name and order number
- The defective article
- A maximum amount of information describing the defect. Photos will make it possible to accelerate the procedure
- A telephone number or a valid email address where he can be contacted
Hg3 shall contact the Customer in order to instruct him on the follow-up it intends to give his claim. If a return is requested, a procedure for return shall be proposed to the Customer and carried out under Hg3’s responsibility from a place close to the place of delivery.
Under these conditions, and if Hg3’s responsibility or that of its supplier is patent, the product shall be exchanged or the price thereof refunded in full. If the product is the only article in the Customer’s order, the costs of the initial delivery shall be reimbursed.
No goods will be accepted as partial reimbursement, for whatever reason.
Article 14 – Exemption
In addition to the exemptions provided for by other clauses of the GCS, Hg3 shall in no case be held responsible for any direct or indirect losses that might be incurred by the Customer in connection with use of the website or its content.
Hg3 agrees only to an obligation of means for everything that concerns the steps of access to the website, the ordering process, delivery and subsequent services.
Hg3 shall not be held responsible in any of the following cases:
- in case of loss of opportunities, revenue, contract or reputation as well as any indirect or consequential loss;
- in case of illegal or unauthorised intrusion by any third party into its website server;
- in case of a computer virus infection in the website server or on the website.
Hg3 reserves the right, at any time and for any reason whatsoever, to modify or to temporarily or permanently interrupt all or part of the access to the website, and this without being required to inform the Customer thereof beforehand. Such will be the case, for example, for maintenance of the website.
Article 15 – Intellectual property
All elements of the Hg3 website together with the subjacent technologies are protected by intellectual/industrial property rights. Unless formally agreed otherwise by Hg3, the Customer is not authorised to modify, reproduce, transfer or distribute them or to create derived works based on all or part of the elements present on the website.
Article 16 – Renunciation
Non-exercise by Hg3 of one or more of its rights as specified in these general conditions can never be considered in this regard to be a renunciation to exercise this right or these rights in the future.
Hg3 shall never be considered to have renounced a right resulting for it from these general conditions or from an error or a violation of the obligations resulting for it from these general conditions committed by the Customer, unless it has formally renounced this in writing.
Renunciation of legal action or of any right by Hg3 shall have only an isolated effect and shall not result in renunciation by it of any other right or of any other legal action, even if this right or this legal action is comparable to the one it has renounced.
Article 17 – Proof
The computerised registers kept in the Hg3 Company’s computer systems shall be considered proof of communications, orders and payments that have taken place between the parties.
Article 18 – Partial nullity
Nullity of one of the clauses or one of the parts of the clauses of these general conditions does not entail nullity of the presents. The clause or the part of the null clause shall be considered unwritten only to the extent of its illicitness; the parties agree to replace it, if need be, by an economically equivalent clause.
Article 19 – Settlement of disputes
These general conditions are governed exclusively by the laws of Belgium.
Wishing to serve its Customers, Hg3 shall at all times seek a solution respecting those who have placed their confidence in it.
In case of dispute, if no amicable solution can be found between the parties, the Courts of Liège alone shall be competent.
Liège, 12 May 2017