Terms and conditions of sale

These General Terms and Conditions will apply to sales made on the www.fifcl.be website.

Preamble

The present conditions of sale are concluded, on the one hand, by CINELABEL ASBL, whose registered office is located at Rue des fraisiers 55 4041 Vottel, registered with the ECB under number BE 0537 472 347, hereinafter referred to as “the merchant” and, on the other hand, by any individual or legal entity wishing to make a purchase via the merchant’s website, hereinafter referred to as “the buyer”.

Article 1: Definitions

In these terms and conditions, the following definitions shall apply:

  1. Buyer: any individual or legal entity wishing to make a purchase via the seller’s website;
  2. Merchant: the natural or legal person who is a member and who offers products and/or services to consumers at a distance and who concludes a distance contract with the merchant;
  3. Consumer: the natural person who is not acting in the course of a profession or business
    and who enters into a distance contract with the merchant;
  4. Distance contract: a contract for which, within the framework of a system for the distance sale of products and/or services organized by the merchant and until the expiry of the contract, exclusive use is made of one or more distance communication techniques;
  5. Remote communication technique: means that can be used to conclude a contract without the buyer and the merchant being in the same room;
  6. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
  7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
  8. Day: calendar day ;
  9. Durable information medium: any means that enables the purchaser or merchant to record information concerning him personally in a way that allows subsequent consultation and reproduction of the recorded information as is.

Article 2: Dealer identity

CINELABEL ASBL

With registered office at Rue des Fraisiers 55 4041 Vottem.

Validly represented for the purposes hereof by Mr Adrien François, Chairman; Mr Nicolas Vandenkerckhoven, Vice-Chairman;

Registered with the ECB under VAT number BE 0537 472 347.

Contact details: info@fifcl.be

Article 3: Scope of application

  1. These general terms and conditions apply to any offer made by the merchant and to any distance contract concluded between the merchant and the buyer, whether the latter is a professional or a consumer.
  2. Before the distance selling contract is concluded, the purchaser will be informed of the text of these general terms and conditions. If this is not reasonably possible, it will be indicated, before the distance selling contract is concluded, that the present general terms and conditions can be consulted at the merchant’s premises and that, at the purchaser’s request, they will be sent to him free of charge and as quickly as possible
    .
  3. If the distance contract is concluded by electronic means, the text of these general terms and conditions may, notwithstanding the provisions of the previous paragraph and before the distance contract is concluded, be made available to the purchaser by electronic means in such a way that the consumer can simply save it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where it is possible to consult these general terms and conditions electronically, and that it is possible, at the purchaser’s request, to send him the said terms and conditions electronically or by any other means, free of charge.
  4. In the event that, in addition to these general terms and conditions, product-specific terms and conditions apply, the second and third paragraphs shall apply mutatis mutandis.
  5. The acquisition of a good through the present site implies unreserved acceptance by the buyer of the present conditions of sale.
  6. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the seller.
  7. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the buyer’s order.

Article 4: The offer

  1. The products and services offered are those listed in the catalog published on the seller’s website, which includes in particular the sale of tickets for the opening ceremony of the Liège International Comedy Film Festival, passes, individual tickets for different age categories, business formulas and all kinds of objects directly or indirectly related to the said festival.
  2. The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to enable the buyer to make a correct assessment of the offer. The merchant is not liable for any obvious errors or mistakes in the offer.
  3. These products and services are offered while stocks last. If, despite its efforts, all or part of the items are unavailable, the seller will inform the buyer by email as soon as possible and offer the buyer the option of waiting or cancelling the order of the unavailable items at no charge. Available items will be delivered as normal.
  4. Every offer contains information which is provided in such a way that the buyer clearly understands his rights and obligations in connection with the acceptance of the offer. This includes in particular:
    • of the price, all taxes included ;
    • any delivery charges ;
    • the method of payment, delivery or performance of the contract ;

Article 5: The order

  1. Subject to the provisions of paragraph 4, the contract is formed when the consumer accepts the offer and agrees to fulfil the conditions attached to it.
  2. Buyers wishing to purchase a product or service must :
    • fill in the identification form with all the required details, or give your customer number if you have one;
    • fill in the online order form, giving all the references of the products chosen; validate the order after checking it;
    • make payment in accordance with the conditions set out ;
    • confirm the order and payment. Confirmation constitutes signature and acceptance of the operations carried out. All data provided and the recorded confirmation will be considered as proof of the transaction.
  3. Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions.
  4. If the purchaser has accepted the offer by electronic means, the merchant shall immediately acknowledge receipt of the acceptance of the offer by electronic means. Until receipt of this acceptance has been confirmed, the purchaser may withdraw from the contract.
  5. If the contract is formed electronically, the merchant shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure Internet environment. If the purchaser pays by electronic means, the merchant will take appropriate security measures for this purpose.
  6. The merchant will communicate the following information to the purchaser with the product, in writing or in such a way that it can be accessed by the purchaser and stored on a durable data medium:
    the visiting address of the merchant’s establishment where the purchaser may address complaints;

     

    • the conditions under which the purchaser may make use of the right of withdrawal and the manner in which the consumer may do so, or a clear notice informing of the exclusion of the right of withdrawal;
    • information on after-sales service and warranties;
    • the information referred to in article 4 paragraph 4 of these general terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract.

Article 6: Right of withdrawal on delivery of products

  1. When purchasing products, the consumer has the right to cancel the contract within fourteen days, without giving any reason. This period begins on the day the product is received by or on behalf of the consumer.
  2. During this period, the consumer must handle the product and packaging with care. The consumer should only unpack or use the product to the extent necessary to judge whether or not he/she wishes to keep it. If the consumer makes use of his right of withdrawal, he must return the product and all accessories supplied to the retailer at the same time and – if reasonably possible – in their original condition and packaging, in accordance with the appropriate and clear instructions provided by the retailer.

Article 7: Costs in the event of withdrawal

  1. If the consumer exercises his right of withdrawal, he must bear the costs, which may not exceed the cost of return shipment.
  2. If the consumer has paid an amount, the merchant will reimburse this amount as soon as possible and, at the latest, within 30 days of reshipment or withdrawal.

Article 8: The price

  1. The prices of the products displayed on the site are indicated in euros, all taxes included (VAT and other applicable taxes).
  2. The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of order confirmation.
  3. Prices do not include order processing, transport and delivery costs.

Article 9: Conformity and warranty

  1. The merchant undertakes to ensure that the products comply with the contract, with the specifications indicated in the offer, with reasonable quality and/or ease of use requirements and with the legal provisions and/or government regulations in force at the date of formation of the contract.
  2. A warranty system offered by the merchant, manufacturer or importer is without prejudice to the rights and claims to which the purchaser may be entitled against the merchant, under the law and/or the distance contract, in respect of a failure in the performance of the obligations incumbent upon the merchant.

Article 10: Delivery and performance

  1. The merchant will take the greatest possible care in receiving and fulfilling product orders.
  2. The place of delivery is deemed to be the address communicated by the purchaser to the merchant on the
    order form.
  3. In compliance with the provisions of article 4 of these general terms and conditions, the company will execute accepted orders promptly and within 30 days at the latest. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the purchaser will be informed within one month of the date on which the order was placed. The purchaser thus has the right to terminate the contract and demand an equivalent product or compensation.
  4. In the event of termination in accordance with the preceding paragraph, the merchant will refund the amount paid by the purchaser r as soon as possible and at the latest within 30 days of termination.
  5. If delivery of an ordered product proves impossible, the merchant will endeavour to provide a replacement item. It will be clearly and comprehensibly stated, at the latest at the time of supply, that a replacement product will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded.
  6. Unless expressly agreed otherwise, the risk of damage and/or disappearance of the products is borne by the merchant until the products are delivered to the purchaser. From that moment onwards, the buyer assumes sole risk.

Article 11: Liability

  1. The merchant, in the online sales process, is bound only by an obligation of means; he cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service, or other involuntary problems.
  2. The information on this site is given in good faith. Links to manufacturers’ and/or partners’ websites are provided for information purposes only. The seller cannot be held responsible for information from these sites.

Article 12: Intellectual property and personal data

  1. All elements of the retailer’s site are and remain the exclusive intellectual property of the retailer
    No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express prior written consent of the seller.
  2. All personal data required to process an order are stored by the merchant or his employees and may be passed on to companies with which the merchant – or his suppliers – collaborate(s), when such communication is necessary to process the order.
    The user also authorizes the merchant to use this data to compile statistics in order to improve its site and the goods and services it offers. This information may also be used to disseminate, by any means of communication, information relating to the merchant’s commercial activities to its customers.
    The merchant keeps personal data in an appropriate manner to facilitate subsequent orders.
    The merchant undertakes not to divulge the information in its possession to any other company or business.
    The data kept by the merchant may be requested and corrected at any time on simple request.

Article 13: Payment

  1. Payment must be made within fourteen days of delivery of the goods.
    Payment can be made by credit card, Visa, Mastercard, Paypal or bank transfer. Items ordered remain the exclusive property of the merchant until full payment of the order by the purchaser.
  2. When selling products to consumers, partial or total payment is provided for in the general terms and conditions (right of withdrawal). If prepayment is accepted, the consumer may not assert any rights concerning the execution of the order or service(s) before the prepayment has been made. The consumer has a duty to notify the contractor immediately of any inaccuracies in the payment provided or in the specifications. In the event of non-payment by the consumer, the contractor, subject to legal restrictions, has the right to charge reasonable costs which had previously been specified to the consumer.


Article 14: Handling of complaints

  1. The merchant has a complaints procedure, which is sufficiently published, and handles all complaints in accordance with this procedure.
  2. You can contact us by e-mail at info@fifcl.be or by post at Service Client rue des fraisiers 55 4041 Vottem, describing the subject of your complaint as precisely as possible and including your contact details and/or order number.
    We will reply within 24 hours. If you do not hear from us within five (5)
    working days, please contact us again. We will do our best to
    help you and find a solution. All times are approximate.
  3. Complaints relating to the performance of the contract must be submitted to the merchant within an appropriate period of time and must be described fully and clearly, once the purchaser has noted the defects.
    Complaints communicated to the merchant will receive a response as soon as possible and at the latest within 14 days from the date of receipt. If a complaint takes longer to process than anticipated, the merchant will respond within 14 days, acknowledging receipt and giving an indication of when the consumer can expect a more detailed response.
  4. If the claim cannot be resolved by mutual agreement, it will result in a dispute which may be subject to dispute settlement.

Article 15: Disputes

  1. These online sales conditions are subject to Belgian law. Contracts concluded between the merchant and the purchaser, to which these terms and conditions refer, are governed exclusively by Belgian law.
  2. In the event of a dispute, the courts of the merchant’s registered office shall have jurisdiction, unless otherwise provided by mandatory public policy.
  3. Within the framework of their relations, the parties accept electronic means of proof (by way of example: email, computer backups, etc.).

Article 16: Non-waiver and nullity

  1. The fact that the merchant decides, at a given time, not to apply one of the clauses of these General Terms and Conditions of Online Sale or the Legal Notice, does not in any way entail a definitive waiver of these clauses.
  2. The invalidity of any of the provisions of these terms and conditions shall not affect the effective application of the other clauses.

Article 17: Additional or exceptional provisions

Any provisions supplementing or derogating from these general terms and conditions may not be applied to the detriment of the purchaser and must be drawn up in writing or in such a way that they can be accessed by the consumer and stored on a durable medium.

Article 18: Modification of general terms and conditions

Modifications to the present terms and conditions will only come into force once they have been published in the appropriate manner, it being understood that in the case of modifications applicable during the term of the offer, the provisions most favourable to the purchaser will prevail.