General Terms and Conditions of Sale
Preamble
The online shop of the Potelet® website is operated by WISECOM GROUP SRL, which is responsible for the management of this website. Any order for products available in the online shop of this website, as well as the use of its services, implies the prior consultation and acceptance of the general terms and conditions of sale set out below. The consumer therefore acknowledges having been fully informed that consenting to these general terms and conditions of sale does not require a handwritten signature of the document, insofar as the customer wishes to purchase online the products offered in the website's online shop.
Article 1: General provisions
These general terms and conditions of sale apply to all contracts concluded between WISECOM GROUP SRL (Potelet®) and the buyer, whether a business or a private individual, in the context of internet sales in Europe, including outside the European Union.
Article 2: Purpose
The purpose of these general terms and conditions of sale is to define the contractual relationship between WISECOM GROUP SRL (Potelet®) and the buyer, as well as the conditions applicable to any purchase made on the merchant website of WISECOM GROUP SRL (Potelet®), whether the buyer is a business or a private consumer. The purchase of goods or services through this website implies unreserved acceptance of these terms and conditions of sale. They prevail over any other general or special terms and conditions of sale that have not been expressly accepted by WISECOM GROUP SRL (Potelet®). These general terms and conditions may only be waived with the prior, express and written consent of WISECOM GROUP SRL (Potelet®), such waiver being valid only for the specific order for which it was granted.
WISECOM GROUP SRL (Potelet®) reserves the right to amend its general terms and conditions of sale at any time. In that case, the general terms and conditions of sale in force at the time of the buyer's order shall apply.
Trade practices specific to the profession shall furthermore apply in cases not provided for herein.
Article 3: Definitions
The seller is WISECOM GROUP SRL (Potelet®), whose registered office is:
Wisecom Group srl (Potelet®)
Rue Mitoyenne 414
4710 Lontzen (Belgium)
Telephone number: 0032 (0)87 84 10 20
Intra-Community VAT number: BE 0641 740 320
The business buyer is any natural or legal person who acquires or uses for professional purposes the goods sold by WISECOM GROUP SRL (Potelet®).
The private buyer is a natural person who acquires and uses for private purposes the goods sold by WISECOM GROUP SRL (Potelet®).
Article 4: Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the seller's website. The photographs in the catalogue are intended to provide as faithful a representation of the products as possible, but they do not guarantee perfect similarity with the product offered. These products and services are available while stocks last. If, despite all our efforts, certain items are unavailable, the seller will immediately inform the buyer by e-mail and offer them the choice of either waiting until the items become available or cancelling the order for the unavailable items free of charge. Available items will be delivered in accordance with our standard delivery option.
Colours, textures and quality control
Colours and textures: The products presented on our website www.potelet.eu and in our commercial brochures are designed and printed by professionals. However, we wish to point out that the display on the website and in commercial brochures may not reflect with perfect accuracy the actual colours or textures of the media.
Colour and texture variations: In addition, the perception of colours and textures may vary from one customer to another depending on the calibration of their screen and their proofing equipment. Consequently, slight differences may exist between the colours displayed online and the colours of the delivered product, as well as in the texture of the printing medium.
Quality control: Each print is subject to individual inspection to guarantee the best possible quality.
Supplied files: With regard to files supplied in vector format, our verification is limited to the resolution and format of the file. All other aspects, such as missing fonts, spelling mistakes or incorrect procedures during formatting (.ai, .eps, .pdf, etc.), which could lead to a problem during printing, are the sole responsibility of the customer who supplied the file.
Tolerances and recommendations: Quality variations resulting from the quality of the files supplied, normal tolerances in the printing industry, constraints related to gang-run printing, and failure to comply with the technical recommendations and specific procedures of WISECOM GROUP SRL (Potelet®) cannot give rise to complaints.
Indicative weights: The weights indicated on our website are provided for information purposes only, cannot be contested and are not subject to complaint.
Article 5: Prices
1. Prices of products and services: The prices of the products and services displayed on our website are quoted in euros and do not include VAT or other applicable taxes. The seller reserves the right to change its prices at any time. However, the prices applicable to an order are those in force at the time the order is confirmed.
2. VAT in Belgium: For sales in Belgium, VAT at a rate of 21% applies by default, unless supporting documents for VAT relief or exemption are provided.
3. VAT for non-taxable buyers: Buyers who are not subject to VAT will be subject to the VAT of the country where they reside or operate.
4. Tax exemption within the European Union: Member states of the European Union may benefit from the tax exemption if the rules in force concerning intra-Community transactions, in accordance with Directive 2006/112/EC, Article 138, are complied with.
5. Exports to countries outside the European Union: For exports of goods to countries outside the European Union, we comply with the provisions of Directive 2006/112/EC, Article 146. In order to benefit from this exemption, the business must provide us with proof of the incorporation of its company, in accordance with the requirements of the local tax authorities of the country of destination. Please note that customs formalities and local taxes may also apply in the country of destination, and it is the buyer's responsibility to inquire about and comply with all applicable local laws and regulations.
Article 6: Geographic zones
The online sale of the products and services presented on the seller's website is reserved for buyers residing in Europe and for deliveries required within these geographic zones.
For any order and/or delivery to a country outside the European Union, please contact our customer service.
Article 7: Orders
To purchase a product or service, the buyer must follow the following steps without exception:
- Fill in the identification form, providing all the required information;
- Complete the online order form, indicating the references of the selected products or services;
- Validate the order after verification;
- Make the payment in accordance with the terms provided;
- Confirm the order and the payment.
Confirmation of the order implies acceptance of these general terms and conditions of sale, acknowledgement of having read them, and waiver of the application of the buyer's own purchasing conditions or other conditions.
All the data provided and the recorded confirmation shall serve as proof of the transaction. Confirmation of the order shall constitute signature and acceptance of the operations carried out. The seller will send an order confirmation by e-mail.
We draw attention to the fact that the customer is entirely responsible for their order, including the selection of the product size, colour, quantity, delivery details and any other information provided when ordering. WISECOM GROUP SRL (Potelet®) declines all responsibility for any problem or dissatisfaction resulting from a wrong choice made by the customer when placing their order. It is the customer's responsibility to carefully check all order information before finalising it. In the event of an error in the order, the customer must contact us immediately to discuss correction options, but WISECOM GROUP SRL (Potelet®) does not necessarily guarantee the possibility of modifying an order once it has been confirmed. It is the customer's responsibility to ensure that all the information provided is accurate and suitable for their needs before placing an order.
Once the information has been collected, the seller uses it for order management and undertakes not to share it with other companies. Personal data is also kept in the seller's archives to facilitate future orders. At any time, the archived user may request to consult the information stored about them and, where applicable, request corrections or the deletion of their data using the contact form available on the seller's e-commerce website.
Article 8: Payment terms
Payment of the price is required at the time of ordering. Payments may be made using the following methods:
Administrative mandate (public bodies)
This payment method is exclusively reserved for institutions subject to public accounting (universities, schools, town halls, research bodies, regional councils, ministries, etc.). A purchase order bearing the institution's stamp must be sent to us by e-mail to the following address: info@potelet.eu. Upon receipt of your documents, we will proceed with the dispatch of your equipment. We will forward the invoice to your accounts department via CHORUS PRO - PEPPOL - MERCURIUS or by e-mail, payable within 30 days end of month.
Debit card
With your debit card, you can pay for your order online easily and securely. No additional fees are applied.
Credit card
Visa, Eurocard/Mastercard and American Express are accepted. Your transaction will be carried out online easily and securely. No additional fees are applied.
PayPal
PayPal is a secure and convenient online payment method that allows you to pay for your purchases without sharing your financial information with the seller. To use this option, select "PayPal" as the payment method during the ordering process. You will then be redirected to the PayPal website to finalise your payment. Once the transaction is confirmed, you will receive a confirmation e-mail from PayPal as well as from us informing you that your order has been received and is being processed. No additional fees are applied for payments via PayPal.
Bank transfer
Our account numbers will be displayed at the end of the ordering process and will also be sent to you by e-mail. Please check our account number carefully before making the payment and indicate your order reference in the payment reference. We can provide you with a proforma invoice on request.
Please note that the bank charges associated with the transfer are borne by the payer.
- CBC beneficiary account
IBAN: BE 89 7320 5471 1485
Beneficiary BIC: CREGBEBB
Purchase order
Purchase orders are drawn up on the basis of a prior quotation. They are sent by the buyer to the seller and describe exactly what the order must contain. A purchase order will include elements such as the quantity of items, a detailed description of the items, the price, the date of purchase, the payment terms (30 days end of month), as well as an official stamp of the institution and the buyer's signature. It is important to note that the purchase order requires formal acceptance by the seller in order to be considered valid. You will receive the electronic invoice, mentioning your order reference, by e-mail as soon as the equipment is dispatched.
We do not accept cheques.
Article 9: Non-payment - Late payment interest - Penalty clause
9.1: Payment default
In the event of non-payment by the due date stated on the invoice or service contract of all or part of the debt, the entirety of the debt and of all other invoices owed by the customer, whatever their origin, becomes immediately payable by operation of law. WISECOM GROUP SRL (Potelet®) shall then be entitled to demand the immediate return of the equipment at the customer's full costs and expenses. In the context of service contracts, non-payment of an instalment results in the immediate suspension of services. WISECOM GROUP SRL (Potelet®) shall be entitled to demand the automatic termination of the said contract entirely at the customer's fault.
In the case of instalment payments granted to the customer by WISECOM GROUP SRL (Potelet®), failure by the customer to meet a single instalment shall render the totality of the sums due immediately payable without formal notice. WISECOM GROUP SRL (Potelet®) shall then be entitled to demand the immediate return of the equipment at the customer's full costs and expenses.
We encourage you to comply with payment deadlines to avoid any interruption of service and additional costs.
9.2: Late payment interest
In the event of non-payment or partial payment of an invoice by the due date, without prejudice to the application of the other conditions stipulated in these general terms and conditions of sale, late payment interest set at the rate determined on the basis of the Belgian law of 14 August 2021 on combating late payment in commercial transactions during the half-year in which the order was recorded shall be due by operation of law and without prior formal notice. In the context of service contracts, without prejudice to the application of the conditions, the same rate shall apply.
9.3 Penalty clauses - Compensation
In the event of payment default concerning delivered goods, in addition to the other conditions stipulated in these general terms and conditions of sale, any unpaid sum shall be increased by operation of law and without prior formal notice by late payment interest calculated at 1% per month, from the due date of the invoice until the date of receipt of payment.
In addition, any overdue unpaid amount shall be increased by 15% as fixed compensation for the loss suffered and the costs incurred as a result of the payment default, with a minimum of €50 per unpaid invoice.
In the event of a dispute, the courts of Verviers (Belgium) shall have sole jurisdiction.
In the event of payment default under a service contract, in addition to the above, a penalty equal to 40% of the sums remaining due until the originally scheduled end of the service contract shall be payable.
Article 10: Delivery
Deliveries
Deliveries are made to the address indicated on the purchase order or provided by the customer on our website, and must be located within the agreed geographic zone. Delivery times are provided for information purposes only and cannot be guaranteed. Our company cannot be held liable for delivery delays resulting from circumstances beyond our control, such as natural disasters, social conflicts, strikes, acts of terrorism, major IT failures, delays by transport companies, or any other event beyond our control.
If the customer decides to take charge of the delivery of the goods by their own means, WISECOM GROUP SRL (Potelet®) declines all responsibility once the goods leave its warehouse. In that case, responsibility for the goods, including the risks of loss, damage or delay, lies entirely with the customer and their designated carrier. We recommend that the customer ensure that their carrier is duly qualified and covered by adequate insurance to guarantee the safety and integrity of the goods during transport.
Delivery costs
On our website, we generally offer free delivery for orders amounting to €500 excluding VAT for member countries of the European Union, with the exception of islands and countries outside the European Union. However, please note that additional charges will apply for any special delivery request. This includes, but is not limited to, requests such as delivery on a specific date, specific instructions such as "call before arrival", a change of address, a specific time slot, a request to change the delivery address after the goods have been dispatched, or a request for the use of a tail lift.
These additional charges will be calculated according to the nature of the request and the delivery location, and will be clearly communicated to you before you finalise your order. You will have the opportunity to confirm your agreement to these charges before proceeding with payment of your order.
Address changes after dispatch
If the customer changes the delivery address after the order has been dispatched, our company declines all responsibility for any delivery delays, and the additional delivery costs shall be borne by the customer. It is therefore imperative that customers provide an accurate and final delivery address when placing an order. We encourage you to check the delivery address carefully before finalising your order in order to avoid any potential inconvenience.
Presence required upon delivery
Customers must guarantee the presence of a person at the specified delivery address to receive the ordered products. Our company declines all responsibility in the event of problems occurring during delivery in the customer's absence. If delivery fails repeatedly due to the customer's absence or any other reason attributable to the customer, our company reserves the right to cancel the order and charge the delivery costs to the customer. In addition, if the goods are transferred to a pick-up point and the customer does not collect them within the required time, additional delivery costs will be charged to them.
Responsibilities
In the case of a sale to a consumer, the goods are transported at the seller's risk until delivery to the address specified by the buyer. From that moment, the buyer alone assumes the risks. If the delivered goods are damaged, the buyer is required to refuse the goods or to accept them with a written reservation on the carrier's delivery note, to be completed jointly by the customer and the carrier. Any complaint concerning the delivered goods must be addressed exclusively by e-mail (info@potelet.eu) or by registered letter to the registered office of WISECOM GROUP SRL (Potelet®) within 5 days of receipt of the goods, accompanied by a copy of the purchase invoice and the delivery note bearing the aforementioned written reservation. After this period, the goods shall be deemed to have been accepted by the buyer and no complaint will be taken into account. In the case of a sale to a business, transport is at the buyer's risk.
Force majeure
Our company cannot be held liable for delays, the impossibility of fulfilling an order, or any other disruption in the event of force majeure, such as natural disasters, social conflicts, strikes, acts of terrorism, major IT failures, delays by transport companies, or any other event beyond our control.
Article 11: Right of withdrawal and conditions for returning goods
This article applies only to the private buyer, who has the right to notify the seller that they are withdrawing from the purchase within 14 working days from the day after the delivery of the goods. This right of withdrawal does not belong to the business buyer. Within this period, the consumer must notify their intention to withdraw by e-mail or by post and return, at their own expense and risk, the delivered product to the administrative headquarters of WISECOM GROUP SRL (Potelet®) by post or by a transport company of their choice. The returned goods must be in the same condition as when dispatched, unopened and in their original sealed packaging with the Protector adhesive tape intact and unbroken. Any breakage of the adhesive tape gives rise to the presumption that the goods have been used and can no longer be returned. The goods must be accompanied by the original purchase invoice and the original transport delivery note. The seller reserves the right to check the condition of the returned goods within 2 weeks of receipt. If the goods have not been unpacked, unsealed or damaged, the seller has 30 calendar days to refund the sum paid, with the exception of transport costs. Otherwise, if the goods have been unpacked, unsealed or damaged, the private buyer forfeits their right of withdrawal and bears all the costs of repackaging and returning the goods to the address specified by them when placing the order. Unless expressly agreed otherwise, the consumer may not exercise the right of withdrawal for contracts for the supply of products made to the consumer's specifications or clearly personalised. In the exceptional case where Potelet® accepts the return of goods delivered to a business, restocking costs amounting to 20% of the total price excluding VAT of the order, as well as the return and all shipping costs, shall be borne by the customer.
Article 12: Warranty
With regard to consumers, the seller guarantees the products it sells and the services it provides in accordance with the Belgian law of 6 April 2010 on market practices and consumer protection. To claim under the warranty, the customer must produce the original purchase invoice, to the exclusion of any other document.
The seller's commercial warranty is limited to the supply of products or services in accordance with what was agreed with the buyer. The buyer loses the right to the warranty if they have altered the goods or used them without complying with the manufacturer's guidelines, or if the defect originates from improper or inappropriate use.
If the product is used for non-private purposes, the limited warranty conditions of the manufacturer/supplier apply. To claim under the warranty, the buyer must send the defective product, together with its original packaging, as well as a copy of the purchase invoice and the delivery note, to the registered office of WISECOM GROUP SRL (Potelet®).
All complaints, requests for exchange or refund must be addressed either by e-mail to the following address: info@potelet.eu, or by post (registered mail) to the address of WISECOM GROUP SRL (Potelet®) within a period of thirty days from delivery.
The warranty does not cover damage resulting from normal use, normal wear and tear, negligence, misuse or unauthorised repair of the products. The consumer's legal warranty rights are not affected by this commercial warranty.
Article 13: Replacement time
If the goods are sent to the seller by the customer for replacement, the seller is required to observe a time limit by implementing all means to ensure that this replacement can be carried out within a reasonable time. No compensation for an excessive delay may be claimed from the seller.
Article 14: Exclusion
No warranty may be granted either if the defect in a product sold results from improper use, transport or storage of the product or from any other case of force majeure. The customer will be notified of this situation as soon as possible.
Article 15: Seller's liability
The seller's liability with regard to a defect in the product is limited to its replacement. If the customer fails to accept the proposal made to them within a fortnight, they shall definitively forfeit any right to any warranty. The data on the website is provided in good faith; the links offered to the websites of manufacturers and/or partners are provided for information purposes only. The seller cannot be held responsible for information originating from these websites.
Article 16: Buyer's responsibilities
The buyer is entirely responsible for the choice and use of the product delivered by the seller.
Article 17: Liability
The seller, in the online sales process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the internet, such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
Article 18: Intellectual property
All elements of the company's website are and remain the exclusive intellectual property of WISECOM GROUP SRL (Potelet®). No one is authorised to reproduce, exploit, redistribute or use in any capacity whatsoever, even partially, elements of the website, whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of WISECOM GROUP SRL (Potelet®).
Article 19: Personal data
In accordance with the legislation on data processing, files and freedoms, personal information relating to buyers may be subject to automated processing.
WISECOM GROUP SRL (Potelet®) reserves the right to collect information about buyers, including through the use of cookies, and, if it so wishes, to pass on the information collected to business partners.
Buyers may object to the disclosure of their details by notifying WISECOM GROUP SRL (Potelet®). Likewise, users have a right of access to and rectification of data concerning them, in accordance with the law.
Article 20: Archiving - Proof
WISECOM GROUP SRL (Potelet®) will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of the Civil Code.
The computerised records of WISECOM GROUP SRL (Potelet®) will be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between the parties.
Where the Customer makes digital files available to WISECOM GROUP SRL (Potelet®), they are required to keep the original files. WISECOM GROUP SRL (Potelet®) has no obligation to keep (a copy of) these files.
Article 21: Dispute resolution
These general terms and conditions of sale are governed by Belgian law. In the event of a dispute between the parties or proceedings for payment, the courts within the jurisdiction of our registered office shall have sole jurisdiction.
After first submitting a written complaint to the seller, consumers may also contact, free of charge, the Belgian Consumer Mediation Service (Service de Médiation pour le Consommateur), Boulevard du Roi Albert II 8 box 1, 1000 Brussels, +32 (0)2 702 52 20, contact@mediationconsommateur.be, www.mediationconsommateur.be. For cross-border disputes, the European Consumer Centre of the buyer's country of residence may also provide assistance. Recourse to mediation is optional.
