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General terms of sale at a distance

1. IDENTIFICATION OF THE SELLER

XS CUSTOM SPRL referred "XS CUSTOM"
Boulevard Joseph Tirou 153
6000 CHARLEROI
VAT BE 0629.768.144

2. GENERAL INFORMATION AND DEFINITIONS

Only these terms of sale shall apply for sale at distance (exclusively practiced online) performed by XS CUSTOM to its end users.

They apply exclusion of all other conditions, even those on all good command which would emanate from the buyer.

XS CUSTOM reserves the right to change these terms and conditions at any time.

However, the current contracts remain subject to the conditions applicable at the time when the sale is completed.

With the confirmation of the order, the customer receives the General conditions of sale, in a format that it can store or print.

The agreement is exclusively in the French language.

Later information sharing will happen also in this language.

The customer will not be able to take advantage of his lack of knowledge of the language in order to invoke the non application of one or several conditions.

In this case, the provisions apply that on the sale to 'consumers', that is to-say to any natural person acting for purposes which are not in its commercial, industrial, craft or liberal activity.

3. CONCLUSION OF THE SALE HAS DISTANCE

To book or order a product online, the customer must add it to the basket.

Then he chooses the method of delivery, he fills his personal data, including a mandatory electronic address, and he chose a payment method.

To conclude the booking or the order, the customer must click on the "checkout" button and make the payment.

The catalogue of products and their description on https://www.xscustom.be, is not an offer as such.

It is therefore insufficient to book or to order a product on the XS CUSTOM site for the formation of the contract of sale.

The sales contract will be definitely concluded that upon receipt of the confirmation from XSCUSTOM e-mail.

For the security and certainty of the customer, XS CUSTOM reserves the right to request additional information and to refuse execution of the order if no adequate response.

CUSTOM XS can refuse to carry out any order placed by a minor.

This is also applicable when a manifest error had entered in the description of a product or an indication of its price on the website, and this despite the large XS CUSTOM attention to the accuracy of the information.

Force majeure, XS CUSTOM reserves the right to suspend its obligations for the duration of the case of force majeure, or terminate the contract definitively.

4. TRANSFER OF PROPERTY

Sold, delivered or installed goods remain the exclusive property of XS CUSTOM, until full payment of our invoices.

Notwithstanding this reservation of ownership, all risks of loss and damage related to the goods are transferred to the customer as soon as take possession.

5 PRICE

Prices include VAT and all other taxes and contributions included.

All offers are valid as long as they are included on the Web site. Still, prices may vary.

When you place an order, the effective price for this purchase is the price in force at the time of this order.

Standard delivery and shipping are free, unless explicitly otherwise stated.

6 PAYMENT

For its online ordering, the customer can make his payment exclusively using the "PAYPAL" payment system

7. DELIVERY AND INSTALLATION

All the products are delivered to the address or at the point of removal indicated by the customer. For the safety of the customer, proof of the identity of the client (or a copy) can be requested during the delivery. The customer signs for reception.

Home delivery is in principle via a mail service public or private (only the ground-
de-Chaussee).

In the absence of the customer, the mail files in his mailbox a notice, mentioning the place of withdrawal ("Point position" or other) in which the customer can pick up his goods on presentation of their identity card. It has to do this time indicated in the notice.

8. DELIVERY TIME

For items in stock at time of order one or several dates of delivery are available to the customer, who can eventually make a choice. For a delivery point of withdrawal, the endeans which the command will be available is indicated.

For items that are not in stock at the time of the order, a maximum of 15 working days delivery time is in force, unless explicitly otherwise agreed.

As soon as the unit is stock, XS CUSTOM contacts the customer to set a date for delivery in case of home delivery.

CUSTOM XS is not responsible for consequential damages for late delivery or a non-delivery by the designated carrier.

In such cases, liability is limited to the value of the items, for which the customer provides evidence of receipt.

9 CONTACT

For any remark about his order, the customer can contact XS CUSTOM by sending an email to info@xs-custom.com.

Any claim on apparent damage to the packaging of the goods needs, to be taken into consideration, be noted on the delivery the delivery documents by mail.

The claims on damage or defects to the same goods must be made by email to info@xs-custom.com, always within 24 hours following delivery.

10. CONDITIONS OF WARRANTY FOR CONSUMERS

For consumers, the legal warranty of 2 years is enforcement. For non-users, the warranty is one year.

(A) this warranty covers only the defects existing at the time of delivery of the goods.

Are therefore excluded:

  • Any direct or indirect damage caused to the unit after delivery (e.g. by oxidation, shocks, falls,...);
  • The replacement of components or accessories including regular renewal is necessary;
  • Damage resulting from fire, water damage, lightning, accident, natural disaster;
  • Defects caused expressly or by negligence, by a no judicious treatment, improper maintenance, or use abnormal or not comply with the requirements of the manufacturer;
  • The damage caused by a commercial, professional or collective use.

(B) the lack of conformity must be reported within two months after its finding.

(C) any request for intervention must be addressed to our customer service.

(D) in the case of intervention by a third party who is not designated by XS CUSTOM, the warranty is cancelled.

(E) the terms of service shall apply to repairs.

The present conditions and restrictions do not affect the legal provisions in this area.

11. RIGHT OF WITHDRAWAL

This provision applies only to distance to consumers retail.

This provision does therefore not apply to any individual as part of its commercial, industrial, craft or professional activity, or legal persons.

The consumer may withdraw from the contract without having to justify its decision, within 14 days from the date of delivery.

The customer has the choice:

  • (A) either he reported products, accompanied by the invoice or receipt, at the headquarters of XS CUSTOM, within 14 days from the date of delivery.
  • (B) or it communicates in writing, within 14 days from the date of delivery, its decision of withdrawal: either by e-mail to the e-mail address info@xs-custom.com next, either by post to the address of XS CUSTOM BVBA, Boulevard Joseph Tirou 153, B-6000 CHARLERLOI, BELGIUM.


XS CUSTOM sends you a confirmation email upon receipt of your decision to withdraw and after receipt of the unit.

The products must be returned, insofar as possible, in their original packaging, with all accessories, and in their State of origin. The customer is responsible for the depreciation of products resulting from the handling other than what is necessary to establish the nature, characteristics and the proper functioning of these products. The customer is also required to respect products and handled with care.

Within 14 days of communication at XS CUSTOM of the customer of withdrawal decision, all amounts paid will be reimbursed via the same payment method used by the customer at time of purchase (reduced transport costs and of the) above depreciation, if any).

No cash refunds cannot, however, be obtained from the part of XS CUSTOM.

XS CUSTOM reserves the right to delay the refund until the recovery of the property, or until the consumer has provided proof of shipment of the product.

12 EVIDENCE

The parties accept electronic means of proof (email, backup,...).

13 COMPLAINTS AND DISPUTES ANY

For any complaints, the customer may apply directly to the Consumer Service:

Customer XS CUSTOM service
Boulevard Joseph Tirou 153)
E-mail: info@xs-custom.com
The customer may also apply to the ODR online platform of the European Commission: http://ec.europa.eu/odr

14. APPLICABLE LAW

All disputes are subject to Belgian law. Only the Belgian courts are competent.

15. ENTRY INTO FORCE OF THESE TERMS OF SALES

These distance selling conditions are applicable from 01/12/2017.