General Conditions of Sale
These Conditions of Sale are established, on one hand, by CINELABEL ASBL, with its registered office located at Rue des fraisiers 55 4041 Vottel, registered with the BCE under the number BE 0537 472 347, hereinafter referred to as “the seller”, and, on the other hand, by any natural or legal person intending to carry out a purchase on the seller’s Internet website, hereinafter referred to as “the buyer”.
Article 1: Definitions
As used in these General Conditions, the following terms shall have the following meanings:
- Buyer: any natural or legal person intending to carry out a purchase on the seller’s Internet website;
- Seller: a natural or legal person constituting the Party that offers products and/or services remotely to customers, and that concludes a distance contract with the seller;
- Customer: a natural person who is not acting in the course of a profession or a company, and who concludes a distance contract with the seller;
- Distance contract: a contract for which, within the scope of a remote sales system of products and/or services established by the seller and until the termination of the contract, only one or several means of distance communication shall be used;
- Means of distance communication: a medium that can be used to conclude a contract without requiring the buyer and the seller to be in the same room;
- Reflection period: the period of time during which the customer can exercise his right of withdrawal;
- Right of withdrawal: the consumer’s opportunity to withdraw from the distance contract during the reflection period;
- Day: calendar day;
- Durable data storage medium: any means which enables the buyer or the seller to record information relating to either Party personally in a manner that allows for future reference and reproduction of the stored information as it is.
Article 2: Seller’s identity
With its registered office located at Rue des fraisiers 55 4041 Vottem.
Validly represented for the purposes hereof by Adrien François, President; Nicolas Vandenkerckhoven, Vice-President;
Registered with the BCE under the following VAT number: BE 0537 472 347.
Contact information: firstname.lastname@example.org
Article 3: Scope of application
- These General Conditions shall apply to all offers made by the seller, and to any distance contract concluded between the seller and the buyer, irrespective of whether the latter is a professional or a customer.
- The text of these General Conditions shall be brought to the attention of the buyer before the conclusion of the contract. If this were to prove impossible within reason, the buyer shall be informed, before the conclusion of the contract, that these General Conditions can be consulted on the seller’s website, and that, if the buyer so wishes, they shall be sent to him/her free of charge and without delay.
- If the distance contract is concluded by electronic means, the text of these General Conditions, in derogation of the provisions of the previous paragraph and before the contract is concluded, shall be made available to the buyer in such a manner as to enable him/her to simply save it on a durable data storage medium. If this were to prove impossible within reason, it will be specified, before the contract is concluded, where to consult these General Conditions by electronic means, and that it shall be possible, if the buyer so wishes, to send the latter the said conditions free of charge electronically or by any other means.
- In the event that, in addition to these General Conditions, specific product-related conditions should apply, the second and third paragraphs shall apply mutatis mundatis.
- The acquisition of a good through this site implies an unconditional acceptance of these Conditions of Sale on the part of the buyer.
- These Conditions of Sale shall prevail over any other general or specific conditions not expressly approved by the seller.
- The seller reserves the right to modify these Conditions of Sale at any time. In that case, the conditions in place on the date of the order by the buyer shall apply.
Article 4: Offer
- The products and services offered are those listed in the catalogue published on the seller’s website, which notably includes the ticket sale for the opening ceremony of the international comedy film festival of Liège (FIFCL), Passes, various single-entry tickets depending on the age categories, business packages as well as various items related directly or indirectly to the said festival.
- The offer includes a complete and precise description of the products on offer. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer. The seller shall not be held liable for any obvious errors or mistakes in the offer.
- These products and services are offered while stocks last. If, despite his/her attempts, some or all of the items are unavailable, the seller shall inform the buyer by email without delay and offer him/her the possibility to choose between waiting and cancelling the order of unavailable items free of charge. Available items shall be delivered as usual.
- Every offer shall contain information offered in such a way that the buyer clearly understands his/her rights and obligations that are in keeping with the acceptance of the offer. These include, in particular:
- the price, all taxes included;
- delivery costs, if applicable;
- the method of payment, delivery and performance of the contract;
Article 5: Order
- Under the provisions of paragraph 4, the contract shall come into being when the customer accepts the offer and agrees to fulfil the conditions attached to it.
- The buyer, who intends to buy a product or avail of a service, shall be obliged to:
- fill out the identification form on which he/she shall indicate all the required contact details or provide a customer number, if he/she has one;
- fill out the online order form by providing all the references to the chosen products; confirm the order after verifying it;
- make the payment in accordance with the conditions agreed upon previously;
- confirm his/her order and payment. The confirmation shall have the value of his/her signature and acceptance of the operations carried out. The data provided and the recorded confirmation shall together serve as proof of transaction.
- The confirmation of the order implies acceptance of these Conditions of Sale, the acknowledgement of having full knowledge of them, and the waiver of one’s own purchase conditions or other conditions.
- If the buyer accepts the offer by electronic means, the seller shall immediately acknowledge receipt of the acceptance of the offer, by electronic means. As long as the receipt of this acceptance is not confirmed, the buyer shall be able to withdraw from the contract.
- If the contract is established by electronic means, the seller shall make appropriate technical and organisational arrangements to secure the electronic transfer of data, and shall be responsible for providing a secure Internet environment. If the buyer makes the payment by electronic means, the seller shall ensure that appropriate security measures are put into place to that effect.
- Along with the product, the seller shall provide the buyer with the following information, in writing or in such a manner as the said information may be accessed by the buyer and stored on a durable data storage medium:
- the visiting address of the seller’s premises where the buyer may direct complaints;
- the conditions under which the buyer may exercise the right of withdrawal and the manner in which the customer may do so, or a clear notice informing of the exclusion of the right of withdrawal;
- information regarding the existing after-sales service and guarantees;
- the information referred to in paragraph 4 of article 4 of these General Conditions, unless the seller has already provided this information to the customer before performing the contract.
Article 6: Right of withdrawal on delivery of products
- For a period of fourteen days after the purchase of products, starting from the day of the receipt of the product by the customer or in the customer’s name, the customer shall have the option of terminating the contract without specifying any reason.
- During this period, the customer shall have to handle the product and its packaging with care. The customer shall unpack or use the product only to the extent necessary to determine whether he/she wishes to keep the product. If the customer decides to make use of his/her right of withdrawal, he/she shall have to return the product to the seller, as well as all the accessories delivered at the same time and, if possible within reason, in their original condition and packaging, in accordance with proper and clear instructions provided by the seller.
Article 7: Fees in the event of withdrawal
- If the customer exercises his/her right of withdrawal, he/she shall have to bear the costs not exceeding the amount of the return shipment.
- If the customer has paid an amount, the seller shall reimburse this amount without delay and, within 30 days of return shipping or of withdrawal, at the latest.
Article 8: Pricing
- The prices of the products displayed on the website are in euros and are inclusive of all taxes (VAT and other applicable taxes).
- The seller reserves the right to modify their prices at any time. However, prices in effect at the time of the confirmation of the order shall be applied to the said order.
- The prices shown do not include the costs of order processing, transport, and delivery.
Article 9: Compliance and guarantee
- The seller shall ensure that the products comply with the contract, the specifications indicated in the offer, the reasonable quality and/or usability requirements and legal provisions, and/or governmental regulations in effect on the date of the establishment of the contract.
- A guarantee scheme offered by the seller, manufacturer of importer shall not cause harm to the rights and claims to which the buyer may be entitled vis-à-vis the seller, pursuant to the law and/or the distance contract, with regard to the failure to perform the obligations incumbent on the seller.
Article 10: Delivery and execution
- The seller shall take the greatest possible care in receiving and executing product deliveries.
- The place of delivery shall be deemed to be the address that the buyer will have communicated to the seller on the order form.
- In accordance with what is stipulated to this effect in article 4 of these General Conditions, the company shall execute accepted orders promptly and at the latest within a period of 30 days. In the event of the order being delayed, or not being executed, or being only partially executed, the buyer shall be informed of this no later than one month from the date on which the order was placed. The buyer shall therefore have the right to terminate the contract and to request an equivalent product or to claim compensation.
- In the event of a termination in accordance with the previous paragraph, the seller shall return the amount paid by the buyer as soon as possible and not later than 30 days after the termination.
- If the delivery of an ordered product proves to be impossible, the seller shall endeavour to provide a replacement item. It shall be indicated in a clear and understandable manner, at the latest at the time of supply, that a replacement product shall be delivered. In the case of replacement items, the right of withdrawal cannot be excluded.
- Unless expressly agreed otherwise, the risk of damage and/or loss of products shall be borne by the seller until the products are delivered to the buyer. From that moment on, the buyer shall bear the sole risks.
Article 11: Responsibility
- The seller, in the online sales process, shall only be bound by an obligation of means; he/she shall not be liable for any damage caused by the use of the Internet, such as loss of data, intrusion, virus, service interruption, or other inadvertent problems.
- The data collected on the website shall be collected in good faith. The suggested links to the websites of manufacturers and/or other partners are given for information purposes only. The seller shall not be held responsible for any information originating from those websites.
Article 12: Intellectual property and personal data
- All elements of the seller’s website are and shall remain the exclusive intellectual property of the seller.
No one is allowed to reproduce, exploit, redistribute, or use, even partially, in any capacity whatsoever, the elements of the website, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express prior written consent of the seller.
- All personal data required for order processing is stored by the seller or his/her associates, and may be transmitted to companies with which the seller – or his/her suppliers – collaborate(s), if such communication is necessary for processing the order.
Furthermore, the user shall also authorise the supplier to use this data to establish statistics for the purpose of improving the latter’s website, as well as the goods and services offered. Additionally, this information may be used to broadcast, by any means of communication, information about the seller’s commercial activity to his/her customers.
The seller shall store personal data in an appropriate manner to facilitate subsequent orders.
The seller shall further undertake not to divulge the information in his/her possession to any other company or business.
The data kept by the seller may be requested and modified at any time upon request.
Article 13: Payment
- Payment must be made within fourteen days after the delivery of the goods.
Payment can be made by bank card, Visa, MasterCard, PayPal or by bank transfer. The items ordered shall remain the exclusive property of the seller until the buyer pays for the order in full.
- During the sale of products to customers, a partial or full payment shall be accounted for according to the General Conditions (right of withdrawal). If the advance payment is accepted, the customer shall not be able to assert any rights concerning the execution of the order of service(s) before the advance payment is made. It shall be the customer’s responsibility to notify the entrepreneur immediately of the inaccuracies, whether in the payment provided or in the specifications. In the event of non-payment by the customer, the seller, subject to legal restrictions, shall have the right to charge reasonable costs previously indicated to the customer.
Article 14: Processing of complaints
- The seller shall have an adequately published complaints procedure and shall deal with any complaint in accordance with the said procedure.
- Contact can be established by email to email@example.com or by post to Service Client rue des fraisiers 55 4041 Vottem, describing as precisely as possible the purpose of your complaint, along with your contact details and/or your order number.
A response shall be given within 24 hours. If there is no response from our end within five (5) working days, we request you to contact us again. We shall do our best to assist you and to find a solution. The deadlines are provided for information purposes only.
- Complaints relating to the execution of the contract must be presented to the seller within an appropriate timeframe and must be described fully and clearly, once the buyer has noticed the defects.
Complaints addressed to the seller shall receive a response as soon as possible, and not later than 14 days after the date of receipt. If a complaint requires a longer processing time than usual, the seller shall respond within 14 days by acknowledging receipt and by giving an indication of when the customer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, it shall result in a dispute which may be subject to dispute resolution.
Article 15: Dispute resolution
- These Conditions of Sale are subject to Belgian law. The contracts, concluded between the seller and the buyer, to whom these General Conditions refer, are governed exclusively by Belgian law.
- In the event of a dispute, the courts of the seller’s registered office shall have jurisdiction, unless there are binding public policy provisions.
- Within the framework of their relations, the parties shall accept the electronic means of evidence (for example: email, computer backups, etc.)
Article 16: Non-waiver and nullity
- The fact that the seller shall decide, at any given moment, not to apply one of the clauses of these General Conditions of online sale or of the Legal Notice, does not in any way entail a definitive waiver of these clauses.
- The nullity of one of the provisions of these General Conditions shall not affect the effective application of the other clauses.
Article 17: Additional or exemption clauses
The additional or exemption clauses to these General Conditions may not be applied to the detriment of the buyer and must be established in writing or in such a way that they can be accessed by the customer and stored in a durable data storage medium.
Article 18: Modification of the General Conditions
Changes to these Conditions shall not take effect until they are published in an appropriate manner, it being understood that, in the case of changes applicable during the term of the offer, the provisions most favourable to the buyer shall prevail.
Article 19: COVID
Access to various events organised as part of the FIFCL is subject to presentation of the COVID SAFE TICKET or a negative PCR test less than 48 hours old.
Tickets sold with the right of access shall not be reimbursed under any circumstances upon failing to present the COVID SAFE TICKET or the negative PCR test as specified in the previous paragraph.