Distance selling terms and conditions

Article 1 : Identification of seller

Registered office:

DISTRIBOIS S.A. - (hereafter S.A. DISTRIBOIS, the seller or us)
Avenue des Etats-Unis 110

Tél. +32 71 25 70 80
Fax +32 71 25 70 85
E-mail: eshop@diffusionmenuiserie.be
VAT BE0415258285

Places of business:

Avenue des Etats-Unis 110

Avenue des Métallurgistes 5a

Avenue de la Poire d’Or 10

Article 2 : General

The parties agree that their contractual relations are exclusively governed by the present distance selling general terms and conditions and by the special conditions in each contract.

Every user must read all the present general terms and conditions in full and agree to them.

These general terms and conditions prevail over any other terms and conditions, including the purchasing conditions stipulated by the buyer.

The present general terms and conditions can be accessed at any time. The buyer accepts them by confirming the order on the eshop.diffusionmenuiserie.be website.

S.A. DISTRIBOIS reserves the right to modify the present general terms and conditions at any time. Nevertheless, contracts in progress are subject to the terms and conditions applicable when the contract was concluded.

Article 3 : Closing the distance selling sale

The technical steps to close the sale are as follows:

To order a product online, the buyer must select the product they wish to buy, as well as the quantity, and add it to their basket.

Then they choose the method of delivery (see article 9). The buyer logs in or registers, then fills in their personal data and chooses a payment method.

To close the sale, the buyer must accept the general distance selling terms and conditions and then click the 'order now' button and make the payment according to the chosen method. The sale will only be concluded when the buyer receives a confirmation e-mail from S.A. DISTRIBOIS.

In case of force majeure, S.A. DISTRIBOIS reserves the right to suspend its obligations for the entire duration of the force majeure, or to permanently terminate the contract.

Even after the order has been accepted, S.A. DISTRIBOIS reserves the right to ask the buyer for a guarantee, or an additional guarantee, in relation to the extent of the contract concluded. If the buyer is unable to provide the requested guarantee, the contract will be terminated and neither party will be able to claim any form of compensation.

Article 4 : Prices

The prices displayed on the e-commerce website of S.A. DISTRIBOIS are shown in euros, include VAT and all other charges applicable in Belgium, and are those in force for the online shop.

All the prices indicated are valid unless there is an obvious entry error.

All offers made by S.A. DISTRIBOIS are valid as long as they are present on the website. The offers are only indicative, given the buyer's information and the state of the market during negotiations. The seller is in no way bound by them if a later contract is concluded on these bases.

Any order from the buyer is only binding after it has been confirmed in writing, which should occur within the month. If the buyer does not receive confirmation, they are released from the offer.

The prices indicated on the site do not include transport costs, packing costs (delivery) or other optional services. These costs depend on the scope and the properties of each specific order and cannot be calculated in advance.

During the ordering process, the buyer sees an overview in the summary window of the total price of the final total products, packaging, transportation and delivery costs, and any possible costs for additional services, at the latest before the approval and payment of the order.

Article 5 : Payment

For their online order, the buyer can pay using one of the following methods: VISA / MASTERCARD / BANCONTACT / MAESTRO / PAYPAL.

Article 6 : Description of items

S.A. DISTRIBOIS undertakes to describe and present the items sold on the website as precisely as possible. However, S.A. DISTRIBOIS cannot guarantee that some product characteristics will not change over time.

In these circumstances, errors in the presentation cannot be excluded. In this case, S.A. DISTRIBOIS cannot be held responsible.

The same applies to the product photos on S.A. DISTRIBOIS's online shop. They are provided for information only and do not incur any contractual obligations on the part of S.A. DISTRIBOIS.

By confirming their online order, the buyer acknowledges having received sufficient information regarding the guarantee conditions and useful information relating to the characteristics of the product sold, given the use stated by the consumer or the reasonable foreseeable use, prior to the conclusion of the contract.

Article 7 : Availability

The availability of the items offered for sale on the eshop.diffusionmenuiserie.be website is indicative. S.A. DISTRIBOIS cannot be held responsible for any error concerning availability or items out of stock.

If one or more products are unavailable after paying the order, S.A. DISTRIBOIS promises to inform the customer as soon as possible and give them the choice between a reimbursement, changing the order or delivery when the product(s) concerned is(are) back in stock.

Article 8 : Geographic area

S.A. DISTRIBOIS is only active in Belgium. Therefore, the buyer's reservation will only be registered if the delivery address is in Belgium.

Article 9 : Delivery and pick-up

All the products are delivered to the address provided by the buyer when the order is placed. For the customer's security, proof of the buyer's identity may be requested upon delivery. The buyer signs for the receipt of the delivery.

Delivery only involves unloading the item from the truck for deliveries made by S.A. DISTRIBOIS, and only to the doorstep for deliveries made by a carrier. It does not include assembly unless otherwise explicitly mentioned.

In case of absence when the delivery is made at the agreed time, or in case of a clearly unfounded refusal by the buyer to accept the delivery, the costs involved for extra transport will be invoiced as well.

The delivery costs offered by the online shop are only applicable to the online shop. The free delivery costs offered for orders of a minimum of EUR 1,000 tax included (excluding delivery costs) is therefore not valid in our points of sale.

The delivery times are purely indicative and with no guarantee or commitment on S.A. DISTRIBOIS's part. The latter can in no way be held responsible for a late delivery. This type of delay will not result in the cancellation of the sale or any kind of compensation.

Notwithstanding the stipulation of the previous paragraph, S.A. DISTRIBOIS will have to pay a flat fee of EUR 150 if the delivery is delayed by more than 30 working days compared with the original deadline, providing formal notice was sent by registered post, and only if the customer is not a merchant.

If the buyer chooses to pick the order up directly from the shop, they will be informed by e-mail as soon as their order is ready and available in the shop.

To pick up their order, the buyer must show the confirmation email. For the buyer's security, the sales assistant in the shop may ask them to show an identity document.

If products are to be picked up from the shop, they will be kept for 10 days as of the confirmation date. The buyer will be sent an e-mail informing them of when the order is available for pick-up and by when they must fetch it.

If they fail to pick up the item within this deadline, they will be considered as having wrongfully broken the contract. The consequences are described in Article 14.

Article 10 : Transfer of ownership

By way of derogation from Article 1583 of the Civil Code, goods sold and delivered remain the exclusive property of S.A. DISTRIBOIS until full payment of the invoices still due, including costs and interest.

Notwithstanding this reservation of ownership, the risk of loss or damage to the goods delivered following an online purchase is transferred to the customer when the latter physically takes possession of the goods.

Article 11 : Complaints and guarantees

Article 11.1

Any complaint concerning the quantity delivered must be made at the time of delivery in writing on the delivery note, otherwise the claim will be considered invalid.

Any complaint concerning the quality of the delivered goods, must be made in writing within eight days from the date on which the delivered goods were taken over, otherwise the claim will be considered invalid.

Article 11.2

In accordance with the Law of 1 September 2004 on consumer protection in matters involving the sale of consumer goods, the consumer benefits from a legal guarantee concerning the goods' non-conformity upon delivery or within two years as of this date.

However, the guarantee is not applicable if the defect is a result of the buyer mishandling, damaging or misusing the product.

The buyer is required to inform the seller of the non-conformity within two months from the day on which the customer noticed the defect.

If the buyer reports any hidden or apparent defects, they undertake to agree to the visit of an architect or specialist appointed by S.A. DISTRIBOIS for the purpose of examining the delivered goods. This visit does not constitute an acknowledgement of responsibility, or a waiver under a preceding paragraph.

In case of dispute concerning quality (apparent defects, hidden defects), the buyer undertakes to pay the amount of the unpaid invoice(s) on a blocked account in favour of the seller.

The seller reserves the right to suspend any intervention to remedy the shortcomings as long as the buyer does not fulfil the above-mentioned obligation.

If S.A. DISTRIBOIS recognises that the goods sold suffer from a hidden vice, S.A. DISTRIBOIS undertakes to replace them. However, no compensation for damages may be claimed insofar as S.A. DISTRIBOIS is not a manufacturer and can therefore not detect any hidden vices. However, the buyer is free to take action against the manufacturer.

If the customer approaches the manufacturer directly within the framework of the guarantee, they are responsible for any associated costs.

Article 12 : Right of withdrawal

This provision only applies to distance selling to consumers, and therefore does not apply to any natural person within the framework of their commercial, industrial, craft or professional activity, or to legal persons.

The consumer has the right to inform S.A. DISTRIBOIS that they are withdrawing from the purchase, without incurring a penalty or having to provide a reason, within 14 calendar days as from the day after the delivery of the goods.

However, the consumer cannot exercise this right of withdrawal for the supply of goods manufactured according to the consumer's specifications or if they are clearly customised.

The buyer must send their decision to withdraw within 14 days from the delivery date, preferably using the form available on the eshop.diffusionmenuiserie.be website. This message can be sent by e-mail to eshop@diffusionmenuiserie.be, or by post to Avenue des Etats-Unis 110, 6041 GOSSELIES.

The customer will then receive instructions on how to return the product without delay, and in any case, within 14 days from the date on which the decision to withdraw was sent.

If the customer wishes to exercise their right of withdrawal, they can

  • Bring the goods back to the shop;
  • Send them back, in which case, the customer is liable for all the transport and delivery costs

In both cases, the customer must always show :

  • The confirmation e-mail referred to in Article 9;
  • The receipt given or the purchase order sent with the order;
  • The explicit mention that you are withdrawing from the purchase of the goods sent back (only in the case of goods sent back).

Any product returned or sent back that is not complete, that is not in its original wrapping or that is defective or damaged, or that has been used, will not be taken back or reimbursed and will be considered as an article that has been returned in a non-compliant manner.

The order will be reimbursed within 14 days from the date the package was received, or the proof of shipment of the goods, or the receipt of the goods directly in the shop.

The cost of sending back the goods will be entirely the customer's responsibility in case of withdrawal, as well as any damage resulting from the handling of the goods.

Article 13 : Liability

S.A. DISTRIBOIS cannot be held liable for its failure to respect its contractual obligations in the case of unforeseen circumstances or force majeure.

S.A. DISTRIBOIS's liability is exclusively limited to possible direct damage and it can in no way be held liable for indirect damages, such as, among other things, a loss of earnings, commercial loss, deficits or other forms of indirect damages.

Article 14 : Termination of the contract

If the sales contract is terminated to the prejudice and detriment of the buyer, the latter is bound to pay a lump sum equal to 30 % of the total price as regards stock goods (G) and goods on order or tailor-made goods that have not yet been made. However, the buyer is bound to pay the full price as regards tailor-made goods that have already been made. Unsold goods will be put back up for sale.

Article 15 : General provisions

If any of the provisions in the present terms and conditions are declared invalid, illegal or null and void, this will in no way affect the validity, legality or applicability of the other provisions.

The fact that we have not demanded the strict application of one of the provisions in the present general terms and conditions cannot be considered as a tacit waiver of our established rights in the present terms and conditions and this in no way prevents us from subsequently demanding the strict respect of these provisions.

Article 16 : Intellectual property

The information available on the online shop can only be downloaded for private purposes. Any other use is forbidden.

All the texts, works, drawings, images and data, as well as all legal or trading names, domain names, brands, logos and other elements on the online shop are protected by the intellectual property rights enjoyed by S.A. DISTRIBOIS, its suppliers or any other eligible parties. The presentation, reproduction, dissemination, sale, distribution, publication, modification or use of all or part of this information for commercial purposes of any sort, as well as the digital recording of this information or its use for illegal purposes are forbidden without the prior written consent of S.A. DISTRIBOIS, its suppliers or the legitimate owners of the information, other than to identify the products and services.

Article 17 : Disputes

Any dispute or legal action of any sort relating to business relations, in the broadest sense of the term, between S.A. DISTRIBOIS and the customer, will fall within the jurisdiction of the Court of First Instance or the Commercial Court of Charleroi, and the justice of the peace for the district of Charleroi. However, S.A. DISTRIBOIS reserves the right to summon its customer before the court of their place of residence.

The relationship between the customer and S.A. DISTRIBOIS is governed by Belgian law, with the exclusion of the Uniform Acts of 1 July 1964 on the international sale of goods, and the Vienna Convention of 11 April 1980 on international sales contracts.