General Terms and Conditions of Sale
Article 1. Who are we?
The website closeclassic.com is operated by:
ETS ALBERT CLOSE SA
Rue De Liège 47
6941 Bomal-sur-Ourthe (Belgium)
VAT BE 0446.071.326
Telephone: +32 86 21 12 63
Email: pascal.close@close-garage.be
Please do not hesitate to contact us if you have any questions or comments: we promise a prompt reply.
Article 2. Scope
These General Terms and Conditions of Sale (the "Terms") apply to every order placed on our website by a buyer. Together with our Legal Notice, our Privacy Policy and our Cookie Policy, they form our "General Conditions".
By confirming an order, the buyer acknowledges having read these Terms and accepts them without reservation, to the exclusion of the buyer’s own general terms and conditions. The Terms may be departed from only by prior written agreement between the parties; any such departure does not affect the application of the other provisions.
Certain provisions of these Terms, in particular the right of withdrawal (Articles 8 and 9), apply only to buyers who are consumers within the meaning of the Belgian Code of Economic Law, that is, any natural person acting for purposes which are outside his or her trade, business, craft or profession.
Our website is also intended for business customers, such as garages and resellers. A buyer who orders in the course of a professional activity, which is the case where the buyer provides a VAT number for the order, is not a consumer and therefore does not have the right of withdrawal.
Article 3. Our offer
Our website offers spare parts and accessories for classic vehicles for sale. We describe our products as fully and accurately as possible. However, photographs and illustrations have no contractual value: slight differences from the product delivered do not constitute a lack of conformity.
Our offers are valid while stocks last. If a product that has been ordered proves to be unavailable, we inform the buyer as soon as possible and refund any sum already paid for that product.
Obvious errors are excepted, such as a typing error in a price: we are not bound by an error that the buyer could reasonably have noticed.
Article 4. Prices
Our prices are stated in euros, inclusive of all taxes and exclusive of delivery costs. Delivery costs are displayed before the order is finally confirmed and are added to the price of the products.
The applicable price is the price displayed on the website on the day of the order. We may change our prices at any time, without affecting orders already concluded.
Article 5. Ordering and conclusion of the contract
To place an order, the buyer adds the chosen products to the basket, enters contact details and a delivery address, chooses a delivery method and a payment method, then checks the order summary before confirming the order. Confirming the order entails an obligation to pay, which is clearly indicated at the time of confirmation.
The contract of sale is concluded at the moment the buyer receives our order confirmation by email. This email sets out the essential details of the order, including a summary of the products, the total price and the delivery address.
We reserve the right to refuse or cancel an order in the event of non-payment, unavailability of the product, an obvious anomaly in the order or serious suspicion of fraud. In that case, any sum already paid is refunded.
Article 6. Payment
Payment is made online, at the time of ordering, by one of the methods offered on the website: Bancontact, iDEAL, PayPal, Visa, Mastercard, American Express, Apple Pay or Google Pay. Transactions are processed by a secure payment service provider; we do not have access to the buyer’s card details.
The order is processed and dispatched only once payment has been received in full. The products delivered remain our property until the price has been paid in full.
Article 7. Delivery
We deliver to Belgium, France, Germany, Italy, Luxembourg, the Netherlands and Spain. Orders are shipped by Bpost or by an equivalent carrier.
Unless otherwise stated on the product page, we dispatch orders within two working days of receiving payment. Delivery then takes two to four days in Belgium; for other countries, the delivery time varies according to the destination and the carrier. These times are given as an indication only. In all cases, unless otherwise agreed, we deliver no later than thirty days after the conclusion of the contract.
If this thirty-day period is exceeded, a buyer who is a consumer may call on us to deliver within a reasonable additional period; if we fail to deliver within that additional period, the consumer may terminate the contract and obtain a refund of all sums paid.
The risk of loss of or damage to the products passes to a buyer who is a consumer at the moment when the consumer, or a third party indicated by the consumer, acquires physical possession of the products. We invite the buyer to check the condition of the parcel on receipt and to report any damage to us as soon as possible.
Article 8. Right of withdrawal and exchanges
A buyer who is a consumer has a period of fourteen calendar days in which to withdraw from the purchase, without giving any reason. This period runs from the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods; where an order is delivered in several consignments, it runs from receipt of the last item.
To exercise this right, the consumer notifies us of the decision to withdraw before the period expires, using the model form set out in the annex or any other unequivocal statement (by email or by post, using the contact details in Article 1). We acknowledge receipt of the withdrawal without delay.
The consumer then sends the goods back, no later than fourteen days after communicating the decision to withdraw, to the following address: ETS ALBERT CLOSE SA, Rue De Liège 47, 6941 Bomal-sur-Ourthe, Belgium. The direct cost of returning the goods is borne by the consumer. However, we bear that cost where the return is the result of an error on our part, for example if the product delivered is not the one that was ordered.
The consumer may handle the goods to the extent necessary to establish their nature, characteristics and functioning, as would be possible in a shop. The consumer may be held liable for any diminished value of the goods resulting from handling that goes beyond that extent.
We reimburse all payments received, including the initial delivery costs at the standard rate, no later than fourteen days after being informed of the withdrawal. We may withhold the reimbursement until we have received the goods back or until the consumer has supplied evidence of having sent them back. The reimbursement is made using the same means of payment as was used for the order, unless another means is expressly agreed, and at no cost to the consumer.
At the buyer’s request and with our agreement, a returned product may be exchanged for a different item instead of being refunded. If the new item is more expensive, the buyer pays the difference; if it is cheaper, we refund the difference to the buyer. An exchange does not deprive the consumer of the right of withdrawal.
Article 9. Exceptions to the right of withdrawal and special orders
In accordance with the Belgian Code of Economic Law, the right of withdrawal does not apply to:
- goods made to the consumer’s specifications or clearly personalised, such as a part manufactured or adapted to measure at the consumer’s request;
- sealed goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed after delivery, such as certain fluids and consumables;
- goods which, after delivery, have been inseparably mixed with other items.
Where an exception applies to a product, this is stated before the order is placed.
We sometimes order a part from a supplier specially for a buyer. We always inform the buyer of this before the order is placed. For a business buyer, a special order is firm: it can be neither cancelled nor taken back. The consumer retains the right of withdrawal, unless the part is manufactured or adapted to the consumer’s specifications.
Article 10. Legal guarantee of conformity
Every buyer who is a consumer benefits from the legal guarantee of conformity for two years from delivery, in accordance with Articles 1649bis et seq. of the former Belgian Civil Code. Any lack of conformity which becomes apparent within that period is presumed to have existed at the time of delivery, unless the contrary is proved or unless this presumption is incompatible with the nature of the goods or of the lack of conformity.
The consumer reports the lack of conformity within a reasonable time after discovering it. The consumer is entitled, free of charge, to have the goods repaired or replaced and, if neither of these remedies is possible or reasonable, to an appropriate reduction of the price or to termination of the contract of sale.
The guarantee does not cover normal wear and tear of parts, nor defects resulting from fitting that was not carried out in accordance with good professional practice, from improper use, from a lack of maintenance or from a modification of the goods. We recommend that mechanical parts be fitted by a professional.
Article 11. Liability
Our liability in connection with the use of the website is governed by our Legal Notice. Nothing in these Terms limits or excludes the rights which the law mandatorily grants to consumers, nor our liability in the event of wilful misconduct or gross negligence, or in the event of death or personal injury caused by our fault.
Article 12. Personal data
The buyer’s personal data are processed in accordance with our Privacy Policy and our Cookie Policy, which are available on the website.
Article 13. Disputes, mediation and applicable law
If any difficulty arises in connection with an order, we invite the buyer to contact us first, using the contact details in Article 1: most matters are resolved quickly and in good faith.
If no amicable solution is found, the consumer may contact the Consumer Mediation Service (Service de Médiation pour le Consommateur), Boulevard du Roi Albert II 8 bte 1, 1000 Bruxelles, telephone 02 702 52 20, contact@mediationconsommateur.be, mediationconsommateur.be, which handles requests for the out-of-court settlement of consumer disputes free of charge.
These Terms and any contract concluded on the website are governed by Belgian law. Disputes fall within the jurisdiction of the Belgian courts that are competent under the ordinary rules of law; as regards buyers who are not consumers, the courts of the judicial district of Luxembourg (Belgium) have exclusive jurisdiction.
Article 14. Final provisions
If any provision of these Terms is declared void or unenforceable, in whole or in part, the other provisions remain fully applicable. The provision concerned is replaced by a valid provision of equivalent effect.
Failure to exercise a right provided for in these Terms does not constitute a waiver of that right.
We may amend these Terms at any time. The version applicable to an order is the version in force on the website on the day of that order. Our electronic records constitute proof of orders and of communications between the parties, unless the contrary is proved.
Annex. Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To ETS ALBERT CLOSE SA, Rue De Liège 47, 6941 Bomal-sur-Ourthe, Belgium, pascal.close@close-garage.be:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
This text is a translation of the French original. In the event of any discrepancy, the French version prevails.