Article 1 : GENERAL
1.1 The following terms and conditions apply to the use of the Website QNTSPORT.COM and to the sale of the products of the company QNT, registered under company number 0431.635.548 and whose registered office is at Technoparc Thudinie, 3, 6536 Donstiennes (Belgium).
1.2 Access to and use of this website (the website refers to QNTSPORT.COM) as well as available products and services are subject to the terms and conditions set forth below. By using this website, the customer accepts the terms and conditions.
1.3 These general conditions apply to the entire relationship between the Purchaser and the Seller, (the Seller shall mean QNT and the Purchaser shall mean any natural or legal person visiting the QNTSPORT.COM website and making an order or a purchase, whatever the place and the means used for that purpose), in particular (but not limited) to:
- The visit and the use of the Web Site
- All orders, deliveries and purchases made online via the Websites of the Seller
- The knowledge and understanding of the Seller's public statements or mass communications (i.e. advertisement).
The following actions of the Purchaser imply the unconditional and total acceptance of these terms and conditions:
- The visit and the use of the Web Site
- Any order, delivery and purchase from the Seller
Article 2 : CONTRACT
2.1 The present general conditions are applicable to all the contracts (the contract designates any contract concluded between the Seller and the Purchaser, being relative to the products) and prevails on the general conditions of purchase of the Purchaser for all the contracts.
2.2 All contracts are concluded on a personal basis between Purchaser and Seller and (except as noted below) may not be transferred or given away by either party to any third party without the written consent of the other. The seller is free to sell or transfer to any third party in any manner whatsoever, any claim, demand, right or guarantee he holds towards the Purchaser as per these.
2.3 Relaxations or concessions that may be granted by the Seller shall not have the effect to cancel, alter or prejudice, in whole or in part, the application of these conditions and will not affect the rights of the Seller. The Seller shall be entitled to modify these terms and conditions at any time. The modified terms will come into force as of their first communication by any means whatsoever (e.g. Web Site), with the understanding, however, that they will not apply to any prior purchase, nor to an order already placed.
Article 3 : ORDERS
3.1 The Purchaser receives the opportunity to place an order for various products that are differentiated by their characteristics and prices. The characteristics of the products are those which appear in the specifications of the Seller, on the date of the order of the Purchaser.
3.2 As the Products sold by the Seller are subject to change, the Seller may at any time modify their characteristics or components for any reason whatsoever or remove a Product from its catalogs and / or commercial documents. These changes may occur at any time, including after the order of the Purchaser given these changes result from the application of standards, texts or regulations that are applicable to the Products. In such a situation, the Seller will inform the Purchaser by any means.
3.3 The consultation of the basket offers an overview of all the products included in the order. After accessing the payment section, the Purchaser will be asked to enter the necessary shipping information and choose a payment method. Before finalizing the order, a summary of all information relating to the order will be presented. By clicking the "order" button, the ordering process will be finalized, and the order will be recorded.
3.4 By placing the order, the Purchaser issues a firm proposal to conclude a purchase contract for the products contained in the basket. The placement of the order confirms that the Purchaser accepts these terms of sale as being the only authentic to govern his relationship with the Seller.
3.5 Any order received by the Seller will become final only after confirmation by means of an acknowledgment of receipt of order.
Article 4 : PRICES
Without prejudice to other conditions of sale set out below, the Products are charged at the rate in effect at the time the order is placed. Prices are incl. Belgian VAT and are subject to any other applicable tax or levy.
Article 5 : DELIVERY
5.1 Purchase orders shall become effective only upon acceptance of the order and receipt of payment by the Seller. No change to orders will be effective duly accepted by the Seller.
5.2 The date or period for delivery mentioned by the Seller in the Section Delivery shall be considered as indicative only and not contractually binding on the Seller. The parties acknowledge that, after confirmation or acceptance of an order with indication of a certain delivery time, due to some circumstances resulting from changes in the availability of products, the Seller may delay the delivery date. Such a delay cannot be considered a breach of contract and cannot therefore give rise to compensation, or termination or cancellation of all or part of the contract.
5.3 Transportation and any warranty shall be at the Purchaser's expenses, unless otherwise agreed in writing between the parties.
Article 6 : CUSTOMS DUTIES
6.1 Any order placed on the website and delivered outside of Belgium may be subject to taxes and customs duties that are imposed when the package reaches its destination.
6.2 These customs duties and any taxes related to the delivery of an item are the responsibility of the customer. QNT is not required to verify and inform customers of applicable customs duties and taxes. It is up to the customer to inquire with the competent authorities of his country.
Article 7 : RIGHT OF WITHDRAWAL
7.1 The Purchaser who isn't a Consumer does not have any right of retraction.
7.2 . The Purchaser, in consumer sales, is entitled to withdraw from the contract and may claim the right of retraction without penalty or charges, other than the expenses related to the return of the goods to the Seller. If products received are defective or are not in accordance with the order, the customer must notify QNT, within 5 days from the receipt of the order, using the following contact form.
7.3 The purchaser has the right to retract from the purchase of the products within 14 days from the date of delivery. To do this, the purchaser shall make the request to QNT within the deadline.
7.4 QNT will only accept the products back if they are intact and in their original condition and packaging. Products opened, damaged or soiled by the customer are neither refunded nor exchanged.
7.5 It will be up to the customer to keep any proof of return, which supposes that the articles are returned by registered mail or by any other means giving a certain date to the shipment.
7.6 In the event of an error in the communication of the delivery data, QNT will not be held responsible. In case of refusal of the parcel by the customer , the postage will be applicable.
7.7 Returns are to be made to the following address :
QNT - Service clients
Technoparc de Thudinie, 3
6536 Donstiennes, Belgique
Tél : +32 71 534 811 Fax : +32 71 534 809
7.8 Should the Consumer return the Products on its own initiative, no transportation costs will be reimbursed by the Seller. The Consumer will, however, not have any right of retraction in cases referred to in section VI.53 of the Code of Economic Law and listed below:
-when the Products are manufactured according to Consumer's requirements or clearly customized
-when the Products are liable to deteriorate or expire rapidly
-when the Products are sealed and cannot be returned for sanitary and health reasons, but have been unsealed by the Consumer after delivery.
7.9 According to section VI.51 paragraph 2 of the Code of Economic law, the Consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, qualities and functioning of the Products.
Article 8 : GARANTY
8.1. Unless otherwise agreed by the parties, the Seller guarantees that the products comply, under normal use, with the applicable specifications for the Products at the time of ordering those products. In this context, the legal warranty of conformity of Products applies.
8.2 The Purchaser waives all rights to guarantee against hidden defects that may arise the Products of the Seller.
8.3 Should any limitation on Seller's liability be held ineffective under applicable law, than Seller's liability, under the contract or in connection with the contract, shall in any event be limited to the minimum amount the purchase price as specified in Seller's pertinent invoice. The Seller shall in no event be liable for pre-contractual, special, indirect, incidental, or consequential damages.
8.4 Where instructed by the Purchaser to deliver the Products to a third party, the delivery thereof to the third party shall be deemed to have been approved by the Purchaser as fully complying with the contract. The non-conformity of the goods reported by a third party may give rise to the Purchaser's liability, with the exclusion of that of the Seller.
Article 9 : PAYMENT
9.1The Purchaser shall proceed with the payment of Products immediately upon placing the order through on of the Seller's websites.Unless the Seller shall, within 15 days as from the date of the invoice, receive from the Purchaser written notice, the invoice shall be deemed to have been accepted by the Purchaser as accurate and due in full.
Article 10 : RETENTION OF TITLE
10.1 Notwithstanding the delivery of the Goods, the Seller will retain the title in the Products until full payment of the purchase price of the products by the Purchaser and more generally until payment of all sums due by the Purchaser to the Seller.
Article 11 : FORCE MAJEURE
11. 1 The Seller shall not be held responsible for delays or lack of delivery caused (directly or indirectly) by force majeure, even if the cause of such event has existed on the date of the order by the Purchaser or has occurred after the delivery by the Seller has been delayed for other reasons.
Article 12 : INTELLECTUAL PROPERTY AND PRIVACY
12.1 Use of the web service QNTSPORT.COM is ment for personal use only.
12.2 The Seller reserves full, entire and exclusive ownership of various data transmitted under these agreements under the Act of 31 August 1998 transposing into Belgian law the European Directive of 11 March 1996 on the legal protection of databases.
12.3 All trademarks, texts, comments, materials, illustrations and images, whether visual or audio, contained on the Seller's Web Site are protected by copyright law, trademark law, patent law and to image right law. They are the full property of the Seller or its subsidiaries or affiliates.
12.4 Any reproduction, in whole or in part, constitutes infringement that may cause civil and criminal liability of the offender. Total or partial reproduction of the catalog of the Seller is strictly prohibited.
12.5 The Seller reserves the right to collect data about the user, including order processing, shipment of products, electronic mail, regular mail or postings for advertising or other purposes, the processing of credit card payments and customer service. However, the user has a right to access and correct his data.
Article 13 : RESERVE WITH REGARD TO PHOTOS, CHARACTERISTICS, INFORMATION AND PRICE
13.1 The Seller will make every effort to ensure that the information and the prices indicated on the Websites are accurate and without errors. However errors sometime occur. In such event, the Seller shall not be forced to conclude the agreement ensuing from the error of display.
13.2 TThe Seller reserves reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time Photos and other illustrations used to present articles have no contractual value.
Article 14- LIMITATION OF LIABILITY
14.1 The Seller shall have no liability to the Purchaser for any direct or indirect consequential damage to the Purchaser's equipment or hardware resulting from the use of the Websites. The Seller shall have no liability if the Websites are unavailable at any time for any reason.
14.2 The Seller is committed to describe as faithfully as possible all the products on the Website by by giving the product's name, description, price and/or other details. The Seller shall not be held liable for direct or indirect consequences of any material or typing error or any other error or any negligence with regards to the information published on the Website.
Article 15 - LEGISLATION APPLICABLE ET TRIBUNAUX COMPETENTS
15.1 The relation between the Purchaser and the Seller is subject to the Belgian law.
15.2 If one or more provisions of these conditions is found to be invalid or unenforceable, the remainder of any such provision shall continue in full force.
15.3 Any dispute arising from or in regards to a contract shall be submitted exclusively to the competent court of the judicial district in which QNT Company has its registered office. The language of the proceedings shall be French.
Article 16 – ONLINE DISPUTE RESOLUTION
16.1 According to the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the Consumer can go to the online platform to resolve a dispute arising from a purchased Product: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.