CONDITIONS GENERALES DE VENTE

1. Le client renonce expressément à ses propres conditions générales standards, même si celles-ci ont été établies postérieurement aux présentes conditions générales de vente standards. Pour être valable, toute dérogation doit être expressément convenue au préalable par écrit.
2. Our invoices are payable immediately, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, WhatNextFactory Srl reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. WhatNextFactory Srl will be authorized to suspend any provision of services without prior warning in the event of late payment.
3. If a payment is still outstanding more than sixty (30) days after the due payment date, WhatNextFactory Srl reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
4. Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can WhatNextFactory Srl become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to WhatNextFactory Srl in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
5. WhatNextFactory Srl undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. WhatNextFactory Srl cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
6. In order for it to be admissible, WhatNextFactory Srl must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
7. All our contractual relations will be governed exclusively by Belgium law.

Full Terms and conditions :

The commercial site www.k-wnf.com is an e-commerce site accessible via the Internet (hereinafter the Site ).

It is edited and operated by Whatnextfactory srl.

The Seller's telephone number is as follows: + 32470822327 and his e-mail address is as follows: info@whatnextfactory.com.

The Seller markets foosball tables, spare parts, where applicable personalized, as well as derivative products and traditional games (hereinafter the Products ).

1.      Purpose and scope of the T&Cs

These general conditions of sale (hereinafter the GCS ) apply, without restriction or reservation, to all sales of Products concluded on the Site, by e-mail or by telephone between the Seller on the one hand, and non-professional consumers acting exclusively for their personal needs and not directly related to a commercial activity (hereinafter the Buyer ) on the other hand.

The GCS specify in particular the conditions of ordering, payment and delivery of the Products ordered by the Buyer by telephone, e-mail or on the Site.

The GCS apply to the exclusion of all other conditions, and in particular those applicable to the sale of Products in stores or through other distribution and marketing channels.

The T&Cs are accessible at any time on the Site. They are systematically communicated to the Buyer prior to placing the order and prevail, where applicable, over any other version or any other contradictory document.

2.                  Acceptance of the T&Cs

The Buyer declares to have read the GCS and to have accepted them before placing his order. The validation of the order by the Buyer implies acceptance without restriction or reservation of the GCS.

The Buyer declares to be legally capable of concluding this contract, including the GCS, that is to say to be of legal majority and not to be under guardianship or curatorship.

3.                  Description of Products

The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented to the Buyer on the Site, prior to their order.

The Buyer is required to refer to the description of each Product in order to know its properties, essential features and delivery times.

The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Buyer.

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.

The Buyer acknowledges and accepts that the choice, customization and purchase of a Product are his sole and entire responsibility.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer.

In any event, the Seller does not warrant that the Products will meet the specific needs of the Buyer and that the functions performed by the Products will meet the Buyer's needs.

4.                  Product Availability

The Buyer is informed at the time of his order, either by customer service if the order is made by telephone or by e-mail, or on the information page of the Site describing the Products if the order is made on the Site, the availability or unavailability of the Products.

If, despite the Vendor's vigilance, the Products ordered are no longer available, the Vendor shall inform the Buyer by any means (telephone call, e-mail or post) as soon as possible. The Buyer will then have the option of either canceling or modifying his order. In the event of cancellation due to unavailability, the Purchaser will be reimbursed within fourteen (14) days of receipt of his cancellation request.

In any case, the Seller is not responsible in the event of the unavailability of a Product and reserves the right to modify the Products offered for sale at any time and without notice.

5.                  Terms of orders

1.      Order by phone and e-mail

The Buyer can order Products

·      by telephone, Monday to Friday (excluding public holidays) as well as exceptional opening days, from 9 a.m. to 4 p.m., by contacting the Seller's customer service at this number: + 32470822327 or

·      by e-mail by writing to the following address: info@whatnextfactory.com.

To place an order, the Buyer must provide the following information:

·      Product information: name, reference number, quantity, if any, color, size, material, finish and any other identifying information Seller may require .

·      His identification data: his title, his first name, his last name, his telephone number, his e-mail address, the billing address and, if applicable, the delivery address.

b.      Order on the Site

The Buyer can place his order on the Site.

In this case, it is up to him to select on the Site the Product(s) he wishes to buy. Said Product is then added to his “Basket”. The Buyer can freely modify his “Basket”, delete a Product initially selected, modify the quantities ordered or even add a Product by clicking on the corresponding elements.

Once the Buyer has completed his selection and wishes to validate the composition of his "Basket", he must identify himself with his e-mail address and password.

The Buyer's username and password are strictly personal. Consequently, he undertakes to keep these in complete safety and never to communicate them to third parties. In the event of loss, theft or any fraudulent use of his customer account, the Buyer undertakes to immediately inform the Seller.

The Buyer must also choose the shipping method (delivery or withdrawal from the workshop) and complete the information necessary for the proper preparation and shipment of the order.

c.       Order confirmation

The Buyer has the possibility to check the details of his order and in particular its price and to correct any errors before confirming it. It is his responsibility to immediately notify the Seller of any error.

The registration of an order on the Site is made when the Buyer accepts the GCS by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all of these GCS.

The sale is final only after the sending to the Buyer of the confirmation of the acceptance of the order by the Seller by e-mail and receipt by the latter of the full price.

Any order placed by the Buyer on the Site, by e-mail or by telephone and confirmed by the Seller constitutes the formation of a contract concluded at a distance between the Buyer and the Seller within the meaning of the Belgian law of the Code of consumption.

The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.

d.      Order modification and cancellation

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified and cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.

6.                  Product Prices

Orders made on the Site, by e-mail or by telephone are orders with payment obligation.

The prices communicated by telephone or e-mail by the Seller's customer service or displayed on the Site are expressed in euros and include all taxes, excluding delivery costs and any customs duties. They take into account any reductions that may be granted by the Seller.

The prices invoiced are those in force on the date of the order by the Purchaser, subject to the availability of the Products.

An invoice is drawn up by the Seller and given to the Buyer upon delivery or collection of the Products ordered.

7.                  Payment terms

1.      Orders placed by telephone or e-mail

When the order is placed by telephone or e-mail, the Buyer has the option of paying cash or paying a deposit corresponding to 50% of the total acquisition price of the Products ordered, the balance of the price then being payable. at the latest on the day of dispatch of the Products. The Buyer acknowledges in this regard that his order cannot be dispatched until payment of the balance of the price has been made.

The Buyer can in particular proceed to the payment of his order:;

·      By using the payment link communicated to him by the Seller;

·      By bank transfer . In this case, the Seller communicates by e-mail to the Buyer the bank details of the Seller's account to which the bank transfer must be made. Transfer costs, if the Buyer's bank imposes any, will be at his expense.

Payments by bank transfer must mention the order number and may lead to an increase in the delivery time, given the processing time for this method of payment by the banks, the Seller must ensure that the funds are available on his account before any delivery.

In all cases, the order is processed upon receipt of payment and subject to its collection. If the bank refuses, the order is automatically cancelled.

b.      Orders placed on the Site

When the order is placed on the Site, the Buyer can pay for the Products he has ordered by credit card, through various electronic payment providers.

c.       Late payment

Late payment also results in the immediate payment of all sums owed by the Buyer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Buyer. .

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Buyer.

8.                  Delivery and reception of the Products

The delivery of the Products means the transfer to the Buyer of physical possession or control of the Products ordered.

The Buyer is required to check the condition of the packaging and the Products delivered and their conformity. He must immediately inform the deliverer of the reservations he intends to make regarding the condition of the Product delivered so that they are mentioned on the transport document: damaged packaging, damage suffered, conformity with the order, etc.

Any claim on apparent defects or on the non-conformity of the Product delivered with respect to the information given during the presentation of the Product on the Site, as well as any damage related to transport, must be confirmed by the Buyer to the Seller within forty-eight (48) hours following receipt of the Product by e-mail to the following address: info@whatnextfactory.com .

The Buyer must provide any justification as to the reality of the non-conformities, damage or defects observed (photos in particular).

In the absence of a complaint made within the aforementioned period and conditions, the Products delivered will be deemed to have been accepted by the Buyer.

By reporting the defect or non-conformity of the Product, the Buyer will obtain a return authorization from the Seller, specifying the address and methods for returning the Products.

Once the return authorization has been obtained, the Buyer returns the Products to the Seller at the address specified on the return authorization according to the methods indicated.

Any Product reshipped without the Seller's agreement will be refused and returned to the Buyer at the Buyer's expense and risk.

To be validly returned to the Seller and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.

In the event that the Buyer returns the Product for a proven lack of conformity confirmed by the Seller, the Buyer must use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered. In this context, the return costs will be borne by the Seller by means of a return slip or, failing that, by reimbursing the Buyer for the actual amount of the said costs (proof of the shipping costs must be attached to the package; in case of absence, no refund can be demanded by the Buyer).

9.                  Product shipping methods

a.                  Delivery of products

When the order is placed on the Site, delivery can only take place in the following countries: Germany, Austria, Belgium, Spain, France, Italy, Luxembourg, the Netherlands, and Portugal. For any order outside this delivery area, the Buyer is invited to place his order by telephone or e-mail.

The Products ordered by the Buyer are delivered to the address indicated by the Buyer at the time of his order.

The Buyer must ensure that the delivery information he provides when ordering is correct. He acknowledges that incorrect information may cause a delay or loss of his order.

Delivery times are indicated to the Buyer when ordering. They vary depending on the delivery method chosen. They begin to run from the moment the Products are manufactured and handed over to the carrier for delivery, subject to full payment by the Buyer.

The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the time specified when ordering. However, these deadlines are given for information only.

Where applicable, deliveries are made by an independent carrier, to the address given by the Buyer when ordering and which the carrier can easily access. The Buyer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.

b.      Withdrawal from the workshop

The Buyer has the option of choosing the "Withdrawal from the workshop" option when ordering, allowing him to withdraw it from the Seller's workshop.

The provision of the ordered Product(s) takes place within the deadlines communicated by the Seller when ordering, subject to full payment of the price.

As soon as the order is made available, the Buyer is informed immediately by any means (e-mail, sms, telephone call). He then has a period of fifteen (15) days to collect his order from the workshop.

For the withdrawal of his order, the Buyer must present the message of availability of his order that he has received as well as a valid proof of identity. The order is then delivered to the Buyer against signature of a withdrawal slip.

The Buyer also has the possibility of asking a person of his choice to come and collect the order in his place and on his behalf. In this case, the person he appoints must present, in addition to proof of identity and the message of availability of his order that the Buyer has received, the withdrawal authorization duly dated and signed by the Buyer.

10.             Retention of title

The Products ordered by the Buyer remain the property of the Seller until full payment has been received by the Seller.

On the other hand, the Buyer assumes the risks in particular of loss, theft or deterioration related to the Products delivered from their date of delivery or from their collection in the event of withdrawal from the Seller's workshop.

11.             Right to retract

In accordance with the Consumer Code, the Buyer has a period of fourteen (14) calendar days from the delivery of the Products to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty. .

The right of withdrawal can be exercised, using a simple, unambiguous letter of withdrawal, expressing the will to withdraw.

Returns must be made in their original condition and complete (packaging, pallet, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed, the return costs remaining the responsibility of the Buyer.

The reimbursement of the Purchaser is made within fourteen (14) calendar days from the notification of his decision to withdraw.

The Buyer acknowledges having been informed and accepts that he does not have such a right of withdrawal for personalized Products made according to and/or on his request.

12.             Legal guarantees

1.      Compliance Guarantee

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions of the legal guarantee of conformity, for defective, spoiled or damaged Products.

The Seller undertakes to deliver goods that conform to the contractual description. It responds to defects of conformity existing at the time of delivery of the Products and which appear within a period of two (2) years from this.

The defects of conformity which appear within a period of twenty-four (24) months or twelve (12) months in the case of second-hand goods from the delivery of the Products, are, unless proven otherwise , presumed to exist at the time of delivery.

In the event of a lack of conformity, the Purchaser may demand that the Products delivered be brought into conformity by repair or replacement or, failing that, a price reduction or the cancellation of the sale, under legal conditions.

The repair or replacement of the non-conforming Product includes, where applicable, the removal and return of it as well as the installation of the Product brought into conformity or replaced.

Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six (6) months.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in the Consumer Code, the Seller may refuse it.

The reduction in price is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of cancellation of the sale, the Buyer is reimbursed for the price paid against return of the non-compliant Products to the Seller.

The refund is made upon receipt of the non-compliant Product and at the latest within fourteen (14) calendar days.

13.            Responsibility

The Seller strives to ensure, to the best of its abilities, the accuracy and updating of the information published on the Site, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision or completeness of the information appearing on the Site. Consequently, it declines all responsibility for imprecisions, inaccuracies or omissions relating to the information available, as well as any responsibility for damages resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Site.

The Seller declines all responsibility and cannot be held liable for any damage caused to the Buyer or to a third party due to use of the Product that does not comply with its intended purpose.

The Seller shall not be liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general, any event that does not allow the proper execution of orders.

The use and navigation on the Site are under the responsibility of the Buyer. The Seller declines all responsibility and cannot be held liable for any damage or virus that may affect computer equipment or any other material when accessing the Site, using the Site or browsing the Site, downloading any content, data, text, images or files from the Site.

In any case, the Seller's contractual liability can only be incurred for direct damage caused to the Buyer, due to a proven fault on his part, to the exclusion of all indirect and immaterial damage of whatever their nature, such as loss of profits, loss of customers, loss of opportunity, damage to image, financial, commercial or immaterial damage.

14.           Personal data

The Seller is likely to collect personal data concerning the Buyer. The mandatory or optional nature of the fields to be completed will be clearly indicated.

The data required to place an order include the following: surname and first name, title, full address, e-mail address and telephone number. If the Buyer does not wish to communicate this data, the Seller will not be able to process his order.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management, payment or delivery of orders.

The processing of information communicated by the Buyer by telephone, e-mail or through the Site meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

The Buyer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Site.

15.            Intellectual property

The content of the Site is the property of the Seller and protected by European and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

The Buyer does not have any intellectual or industrial property rights on the Products, packaging, packaging, the Seller remaining the exclusive owner of all these rights.

Any use in any manner whatsoever by the Buyer of the Seller's trademark or its suppliers and manufacturers is strictly prohibited, except with the Seller's agreement.

As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

None of the provisions of these T&Cs may be interpreted as granting the Buyer a license to any intellectual property right.

16.           Complaints – Technical Support

For any question concerning the GCS or in the event of a technical, administrative or commercial difficulty, the Buyer may contact the Seller's customer service:

·      Either by e-mail to the following address: info@whatnextfactory.com ;

·      Either by telephone at the following number + 32470822327;

 

The Seller will respond to the Buyer as soon as possible.

In the absence of an amicable solution or recourse to mediation, all disputes to which the GCS could give rise will be submitted to the competent court in application of the conditions of common law.

17.           Pre-contractual information - Acceptance of the Buyer

The Buyer acknowledges having been informed by the Seller in a legible and understandable manner, by means of the provision of these GCS, prior to his immediate purchase or the placing of the order and in accordance with the provisions of the Consumer Code:

·      on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Buyer is required to refer to the description of each Product in order to know its properties and essential particularities;

·      on the price of the Products and the application of a personalized price on the basis of automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage obtained instead or in addition of it;

·      on the delivery times of the Products ordered;

·      on the identity of the Seller and all of his contact details;

·      on the existence and terms of implementation of guarantees (legal guarantee of conformity, guarantee of hidden defects, commercial guarantee):

·      on the possibility of using a consumer mediator, under the conditions provided for in the Consumer Code;

·      on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard form of withdrawal);

·      on the means of payment accepted.

The fact for the Buyer, to order by telephone, by e-mail or on the Site implies full and complete acceptance and acceptance of these GCS and obligation to pay for the Products ordered, which is expressly recognized by the Buyer, who renounces , in particular, to rely on any contradictory document, which would be unenforceable against the Seller.

 

18.           Model letter of withdrawal

 

To be sent within 14 days to:  info@whatnextfactory.com ,

I hereby notify you of my withdrawal from the contract relating to the order of the product below:

• Product ordered:
• received on:
• Buyer's name:
• Buyer's address:
• Signature of the Buyer (only in the event of notification of this form on paper):
•  Date :
• "optional" reason of withdrawal :