General Terms and Conditions of Sale

Version of September 29, 2018

Preamble

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The applicable General Terms and Conditions of Sale are those in force on the day the order is validated. The click of validation of the order implies a full acceptance of these general conditions of sale. They apply without restriction or reservation to all sales concluded by Nayehza Belgium to professional buyers wishing to acquire the products offered for sale on its commercial site, pro.nayehza.com, published by Nayehza Belgium, domiciled at the following address: chaussée de Vilvorde 146, 1120 Bruxelles - Belgique, registered with the Crossroads Bank for Enterprises under the following number: 0686.839.281 and hereinafter called "Nayehza".

For any contact by mail :
Nayehza Belgium
Chaussée de Vilvorde 146
1120 Bruxelles - Belgique
For any contact by e-mail : info@nayehza.com

These conditions apply to the exclusion of any other conditions.
The User may consult these General Conditions at any time on the site: pro.nayehza.com
Product offers are subject to availability.

Articles 1. Subject

The present General Terms and Conditions of Sale are intended, on the one hand, to inform any potential Purchaser of the terms and conditions under which Nayehza sells and delivers the ordered products and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of products by Nayehza to the consumer (hereinafter referred to as "the Purchaser"), on the commercial site, pro.nayehza.com. These General Terms and Conditions of Sale are intended to define the contractual relationship between Nayehza and the Purchaser and the conditions applicable to any purchase made through the pro.nayehza.com website. The acquisition of a product through this site implies an unreserved acceptance by the Purchaser of these General Terms and Conditions of Sale, which the Purchaser acknowledges having read prior to his order. Before any transaction, the Purchaser declares on the one hand that the purchase of products on the pro.nayehza.com website is directly related to his professional activity and is limited to a strictly professional use and on the other hand to have full legal capacity, allowing him to commit himself under these General Conditions of Sale. Nayehza reserves the right to modify these general terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. As a result, the applicable conditions will be those in force at the date of the order by the Purchaser.

Articles 2. Order confirmation

The contractual information will be confirmed by e-mail to the address indicated by the Purchaser on the order form.

Articles 3. Product

The products offered are those listed on the pro.nayehza.com website, within the limits of available stocks. In accordance with article L. 111-1 of the Consumer Code, Nayehza communicates in a readable and understandable manner to the Purchaser, prior to his order, the essential characteristics of the product or products he wishes to order (capacity, use, composition...). The photographs are as accurate as possible but do not commit Nayehza in any way. Nayehza is likely to modify at any time the range of products offered for sale on its website, in particular according to the constraints linked to its suppliers. To obtain additional information on a product, the Purchaser may visit Nayehza Belgium and/or contact the Customer Service of the Nayehza e-commerce site at the following address, info@nayehza.com.

Article 4. Prices

The selling prices of the products online on the Nayehza e-commerce site are prices in Euros (€) excluding taxes (excluding VAT). VAT or various taxes will be displayed during the validation of the order, taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Buyers domiciled outside Belgium but in a Member State of the European Community will be subject to intra-Community VAT. Nayehza reserves the right to modify its prices at any time, it being understood, however, that the price in force at the time of the order will be the only one applicable to the Purchaser. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. Delivery charges are detailed according to the rates listed on our "Delivery" page. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or instalments.

Articles 5. Order and payment modalities

All orders must be identified by a customer account. Before your first order, you are required to provide all the information necessary to create an account: courtesy, surname, first name, full address, postal code, city, country, VAT number, e-mail and a telephone number in case you need to be reached. To pay for his order, the Purchaser has, at his choice, several possible methods of payment : By credit card (Visa, Eurocard/Mastercard), debit card (Bancontact) or by his PayPal account: the card is debited only when the order is confirmed. He also has the possibility to make his payment by bank transfer to the direct account of Nayehza Belgium. All data entered during payment by credit card are immediately encrypted using SSL protocol. No confidential payment data is stored by Nayehza. Nayehza reserves the right to suspend all order processing and delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. In particular, the company reserves the right to refuse to make a delivery or to honour an order from a Purchaser who has not fully or partially settled a previous order or with whom a payment dispute is being administered. Nayehza has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Purchaser may be asked to send a copy of an identity document and proof of address by e-mail to Nayehza. The order will only be validated after receipt and verification by our services of the parts sent. The confirmation of an order implies acceptance of these general terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the Purchaser has an e-mail address and has provided it on his order form, Nayehza will send him by e-mail the confirmation of the registration of his order. If the Purchaser wishes to contact Nayehza, he may do so either by post or by email as indicated in the preamble.

Articles 6. Reserve of ownership

Nayehza retains full and complete ownership of the products sold until full payment of the price, in principal, fees and taxes included.

Articles 7. Product availability

The order will be executed at the latest within two working days from the day following the day on which the Purchaser placed his order. In the event of unavailability of the ordered product, in particular due to the manufacturer, the Purchaser will be informed as soon as possible and will have the possibility to cancel his order. The Purchaser will then have the option of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.

Articles 8. Product warranty

In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Purchaser of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. The Purchaser is expressly informed that Nayehza is not the producer of the products presented on the pro.nayehza.com website, within the meaning of Act No. 98-389 of 19 May 1998 on product liability. Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the product may be held liable by the Purchaser, on the basis of the information on the packaging of the said product. The producer's conditions and warranty period are indicated on the product sheets. Given the frequency of renewal of the components of the technical products, Nayehza may, on request, inform the Purchaser of the availability of spare parts for the products offered and how to obtain them if necessary. All complaints, requests for exchanges or refunds must be sent by post to the following address : Nayehza Belgium, chaussée de Vilvorde 146, 1120 Bruxelles - Belgium.

Article 9. User's personal account

The User must do everything possible to protect his login details and preserve their confidentiality, and refrain from communicating them or authorising third parties to use them. In these terms and conditions, references to "login credentials" or "account" include credentials and accounts of social networks or platforms authorized to interact with the Site's features. If these confidentiality obligations are not respected, the User will assume full responsibility for the consequences of such acts and will undertake to fully compensate Nayehza Belgium for any loss or damage that may result from them. Nayehza disclaims any liability for any loss or damage that the User may suffer as a result of fraudulent access to his account and/or the services of the Site. Nayehza reserves the right to delete a User's account if the User has not logged into the pro.nayehza.com site with his or her credentials for twelve (12) consecutive months. The User will be informed in advance of the closure of his or her Account by email. In this case, access to the rewards linked to the account will be withdrawn and the User will no longer be able to use them. Nayehza makes its best efforts to support the User in his actions by sending him an email. No refund will be offered for this reason. The User accepts that in the event of deletion of his account at his own initiative or at Nayehza's initiative in accordance with these provisions, he will lose his access to the data previously linked to it.

Article 10. Referral and reward

A User has the possibility to refer one or more friends (hereinafter referred to as the Godchild(s)). The sponsorship allows the sponsoring User to benefit from a reward on the VAT-free purchases of his Godchildren under the following conditions :
10% of its purchases excluding VAT.

The rewards will be placed in "Pending validation" as soon as the payment of the order of his Godchild is made and will remain so during the 14 days of retraction available to the Purchaser. After this period, the order being final, the rewards will be made available on the account of the User Referrer who may, at his choice, transform them into a discount voucher to be used throughout the Nayehza site or may request payment into his bank account. To this end, the User undertakes to transmit his bank account number and a copy of his identity card on both sides in order to make the payment within ten (10) days following the request. He undertakes to provide Nayehza with an invoice for the amount of the reward requested during the process.
The invoice is to be sent by email with the following details :
Nayehza Belgium
Chaussée de Vilvorde 146
1120 Bruxelles - Belgium
VAT : BE 0686 839 281

Nayehza informs the User that as soon as a reward is "available", whether it is converted into a discount voucher or paid into a bank account, the reward becomes income (commissions) and the User must take the necessary steps to declare it in his income to the tax authorities, whether professional or not. Nayehza cannot be held liable if the User does not correctly declare his rewards and complications with his tax or VAT collection body result.

Article 11. Force majeure

Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them. The two parties will then get together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the case law of Belgian courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning; the stopping of telecommunication networks or difficulties specific to telecommunication networks external to customers.

Article 12. Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

Articles 13. Responsability

Nayehza, in the distance selling process, is only bound by an obligation of means. Its liability cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.

Article 14. Capacity

Prior to his order, the Purchaser acknowledges that he has full legal capacity to commit himself hereunder. In the event that an order is placed by a person who does not have such legal capacity, the order will be maintained and should be fulfilled by the incapable person's legal representatives who undertake to do so.

Article 15. Intellectual Property

All elements of the pro.nayehza.com website are and remain the intellectual and exclusive property of Nayehza.
No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Articles 16. No renunciation

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted in the future as a waiver of the obligation in question.

Article 17. Personal data

Nayehza undertakes to preserve the confidentiality of the information provided by the Purchaser, which it may transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He can make a request at any time by mail to the following address: Nayehza Belgium, chaussée de Vilvorde 146, 1120 Brussels - Belgium.

Article 18. Applicable law

These General Conditions of Distance Selling are subject to Belgian law regardless of the Purchaser's country of residence and the place of placing the order. This is the case for both substantive and formal rules. The language of this contract is French. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN NAYEHZA AND THE BUYER, EVEN IN THE EVENT OF A PLURALITY OF DEFENDANTS, SHALL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE BELGIAN COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE BELGIAN CODE OF CIVIL PROCEDURE. For all disputes or litigation, the competent court will be the one in Brussels and the language used will be French.