Scope and definitions
These online General Conditions of Sale govern all contractual relations between (1) EZAURA SRL (hereinafter called EZAURA) of which the registered office is at Avenue Van Bever, 19-1180 Brussels, registered at the Banque-Carrefour des Entreprises ( BCE) under number 0536 357 045 and (2) any natural or legal person wishing to make a purchase via the website (hereinafter called the "Client" or referred to as "you" or "your"). The term "Parties" may refer to EZAURA, the Client or both.
ARTICLE 1: Preamble
These general conditions shall apply subject to any modifications agreed between the Parties. By accepting the confirmation of order, the Client acknowledges that it is aware of these general conditions and accepts them. In the event that the general conditions of other contracting Parties are inconsistent with our own, it is agreed that the latter shall prevail. The general conditions may be amended by EZAURA without prior notice. The conditions applicable to the contract between the Parties shall be those published on the EZAURA website at the time of the purchase.
ARTICLE 2: Product range
EZAURA may at any time withdraw one or more product lines offered on the site. The range of products presented on the site is valid to the extent that EZAURA continues to make it available online.
It is valid to the extent that stocks are available, and for certain products, only for the periods indicated on the site or, where applicable, in the quantities indicated on the site.
If one of the products ordered is not available from EZAURA and/or the manufacturer, we will contact you within 8 days from the date of your order so as to advise you of this and if appropriate to offer you an alternative to the unavailable product, If you do not wish to accept the alternative you may cancel the order and obtain a refund of the sum already paid by you for the order concerned.
In the event of temporary unavailability of products, we will send you the products which are available. We will bear the cost of sending the rest of the order.
ARTICLE 3: Order and payment
An order is made by selecting articles in the virtual shop. The selected articles are placed in the virtual shopping cart. The contents of the cart and the cost corresponding to the articles selected can be viewed from all pages of the site.
When the contents of the cart are displayed, an "Order" button appears. When this button is clicked it makes it possible to view the details of the order as well as the delivery address and invoicing address.
Once the General Conditions of Sale are accepted and payment is made, the order is valid
All our prices are given in euros, inclusive of VAT. Any increase to VAT or other new tax that may be imposed between the placing of the order and the meeting of the order shall be payable by the Client.
The costs of despatch and transport depend on various parameters such as volume, weight and the chosen delivery service. These costs are set out in the order summary and are included in the price paid.
Unless the contrary is proved, the computer records of EZAURA and those of our sub-contractors shall represent the evidence of all the transactions between EZAURA and the Client. By providing the number of your debit card or credit card and by definitively confirming your order you are deemed to agree to this and to these online General Conditions of Sale. This confirmation operates as your signature.
EZAURA reserves the right to refuse any or all orders if you still have any outstanding credit that is due and payable.
ARTICLE 4: Right of cancellation
The Client may exercise a right of cancellation within 14 clear days of the day after the goods are delivered.To exercise your right to cancel, return the goods to EZAURA. The costs of returning the goods are payable by the Client.
When you return cancelled goods, you must always present or attach copies of the following documents:
· The order confirmation sent with the order
· An express statement that you are cancelling the purchase of the returned goods.
The article(s) returned must be in brand new condition, unused and in their original and wholly intact packaging, or no refund can be made.
ARTICLE 5: Delivery and transfer of risk
Unless otherwise provided, the time for delivery runs from the date when the email confirming the order is received.
Unless otherwise provided in the contract, delivery times are given only as a guideline and delay cannot give rise to termination of the contract or to any entitlement to compensation.
Delivery is made at the purchaser's expense and risk. Upon request by the purchaser, the seller will insure the goods at the expense of the purchaser.
ARTICLE 6: Liability
EZAURA cannot be held liable for failure to comply with its contractual obligations as a result of unforeseen circumstances, force majeure, any matter attributable to the Client, or any unforeseeable and unavoidable loss or damage arising from the use of the internet (downtime, viruses, etc).
The liability of EZAURA is limited exclusively to any direct loss or damage and cannot in any case relate to indirect loss or damage such as loss of a chance, loss of business, loss of data, deficits or any other form or indirect loss or damage which was not foreseeable at the time when you visited the site or concluded a purchase at a distance.
ARTICLE 7: Guarantee
Under the Belgian law of 1 September 2004 relating to the protection of consumers in case of the sale of consumer goods, the Consumer is entitled to a legal guarantee in respect of any failure of the goods to conform with the contract at the time of delivery or appearing within two years of delivery. Articles 1649bis to 1649octies inclusive of the Belgian Code Civil are applicable.
EZAURA is the guarantor of this obligation to provide a guarantee.
The guarantee does not apply if the origin of the fault is improper handling, deterioration or improper use of the product by the Client.
If your product appears to be defective during the guarantee period, please contact EZAURA by email at the following address: info@EZAURA.com
If the product cannot be repaired or replaced with an identical or equivalent product, a refund will be made.
ARTICLE 8: Claims
Would you like to notify us of a claim? Our customer service department is here to help you.
Please contact us by email at info@EZAURA.com or by mail to Service Client / EZAURA SRL, Avenue Van Bever, 19 at 1180 Brussels, Belgium describing as precisely as possible the subject of your claim, and letting us have a copy of the order, or at least the number we gave to your order, and including your contact details.
A response will be provided to you within 24 hours. If you do not receive a response from us within five (5) working days, please contact us again. We will do our best to help you and find a solution. It may be that your emails have been blocked by our anti-spam filters and have not reached us, or that correspondence sent to you has not reached you.
ARTICLE 9: Severability clause
If EZAURA decides at any particular time to disapply one of the clauses of these online General Conditions of Sale or Legal Notice this does not represent a permanent waiver of the clause.
If one of the clauses provided for in the contracts (specific or general conditions) agreed between the Parties shall be found invalid or illegal, this shall not result in any other condition of the contract between the Parties being invalid or a nullity, such clauses remaining wholly valid.
ARTICLE 10: Applicable law and competent jurisdiction
The contractual relations between the Parties are exclusively governed by Belgian law. Only the courts of Brussels shall have jurisdiction.