General terms and conditions
Dear visitor, we are happy to welcome you on our website.
We offer for sale a wide range of specialty products in the maintenance, cleaning and renovation of fabrics and leathers for furniture, seats, clothing, shoes and leather goods without having to move.
Check now our product pages detailing our offer complete and take advantage of our online store to order the product you are looking for.
Please read carefully all of the General conditions of sale (for short, "condition of use.") below before ordering. They must be taken into account together with our disclaimer, our privacy and our notice of cookies. We would like to inform you in a transparent way and make your shopping experience as simple and enjoyable as possible.
For any question or suggestion, feel free to contact us through our email info@sofaclean.be
- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The General conditions of sale below are intended to define the terms and conditions to which we offer our products for sale. All sales are governed exclusively by these terms.
If a condition is found to be lacking in a situation not provided for in the present, she will be replaced by the procedures in force in the sector of distance selling for companies with headquarters in Belgium.
The present CONDITION OF USE are systematically brought to your attention when ordering. Accordingly, by validating your order, you acknowledge having read and expressly declare to accept them without restriction or reserve.
The CONDITION OF USE can be adapted or modified at any time. If you change, it will be applied to each order CONDITION OF USE. in force at the date of the order. You are therefore invited to consult regularly our CONDITION OF USE to follow the latest developments.
- SOFA CLEAN
Our company is active mainly in the field of furniture since 2003 in the treatment ofafter-sales services of the largest Belgian companies. Our technical staff has over 30years of experience and this experience allows us to solve any problem that may occur on any type of sofa in no other type of covering.
We have developed a range of highly technical professional products that are very effective to maintain, clean and renovate all coatings. These products can also be used for leathergoods, clothing, shoes and the seats.
The details of the company are the following:
LOMATEX sprl
39 avenue du vieux frêne
6280 Loverval
Belgium
Company number (VAT): BE0861.481.051
Phone : + 32 71 37 29 79
Fax : + 32 71 335 57 43
E-mail: info@sofaclean.be
We sell through our site internet www.sofaclean.be (hereinafter referred to as "the Site"), different cleaning products, maintenance and renovation for the leather and textiles (hereinafter collectively "products").
Our site is intended both to individuals, to the professional.
FEATURES OF OUR PRODUCTS
Each product page is accompanied by a detailed description and illustrative photos.Allows you to choose products that actually match your needs and your constraints. Additional product information can be obtained on simple request at the address info@sofaclean.be.
The texts and illustrations of the products are provided for the purpose of information. These texts and illustrations have been reunited with great care, they give a possible description of the items described. It is possible that, despite all of our precautions, errors are made on the Site. Our responsibility could not be committed if the information posted online should be present errors or omissions in relation to the reality.
- OFFER AND FINALIZATION OF THE CONTRACT
The products presented on the Site is not an offer that binds us legally, but a simplecall for you to command.
To order, you must first register on the Site, according to the terms and conditions described below.
Registration is done on the form provided for this purpose on the Site.
When registering, you must provide a number of personal information, which will then be used to identify you and to allow you easy access to the Site. You are requiredto fill in all of the fields marked as mandatory. Any incomplete entry will not be validated. It is an obligation to provide rigorously accurate, up-to-date, complete and not misleading. You also agree to immediately update the data recorded these changes so that they always match the reality. Updates are made directly through your personal account or by sending an e-mail to info@sofaclean.be.
Registration is open to all natural persons and legal persons. If you are anindividual, you must be of legal age and have the capacity to contract. If you are therepresentative of the user, you certify that you own all the rights necessary for the conclusion of this agreement on behalf of the legal entity you represent.
All registrations must then be validated by SOFACLEAN to be effective. You will be informed of this validation at the e-mail address you provided when registering. In General, SOFACLEAN reserves the right to refuse registration of a natural or legal person who would not meet the required conditions or with which there is a prior litigation, or for any other reason considered serious and legitimate.
Validation of registration automatically open an account in your name. You access it using your login and password you have defined when registering. These identifiersyou are strictly personal and confidential. You are responsible for any use that is to be made, and are only their privacy guarantor. You agree to use the Site personallyand do not allow any third party to use your identifiers in your place or for your account, except to bear full responsibility. In case of loss or theft of your IDs, or in the event of fraudulent use by a third party, please inform us immediately so that we cantake all the necessary measures.
PLACING AN ORDER
After registering, you can place an order. To order just a few clicks :
(1) log in with your login and password
(2) select the desired products and add them to your cart.
(3) fill in the necessary fields requested by the application;
(3) confirm your order and proceed to payment.
You will automatically receive several emails to keep you informed of the status of your order. Check your mail box to not miss information.
After your purchase, you will receive an acknowledgement of receipt of the order bye-mail. It will sum up the details of the order (items ordered, delivery times, etc.).
Please note that this email is a receipt and does not constitute an acceptance of your order. It will be considered as firm and final only after receipt of full payment. It is the payment of the order which will formalize the conclusion of the sales contract between you and SOFACLEAN®. Once payment is received, we will confirm by e-mail the launch of delivery.
We will still send you a third and final email when the parcel arrives at destination. Ifyou receive an e-mail from us, please get in touch with our company before placinga new order for the same products!
You expressly agree that a valid contract is concluded between us through the use of electronic means of communication. In particular, the absence of a traditional, digital, or electronic signature, does not detract from the binding nature of the offer and its acceptance. Electronic exchanges are to be considered in this context, and to the extent where permitted by law, as evidence.
The products are offered for sale within the limit of stocks available. If some or all products had to be unavailable, we will inform you promptly by e-mail and offer you the opportunity to choose between wait, or cancel the order of the unavailable itemsfree of charge. Please note that as part of promotional activities, additional terms may apply to special offers on the Site (a term of validity limited, for example). These specific conditions will be explicitly provided and identified prior to the registration of the order.
We reserve the right to refuse an order or subject to additional conditions to legitimate reasons, for example if the information requested is incomplete or incorrect, if the address provided is not in the geographical area of delivery, or if the order comes from a customer with whom a dispute would already exist. If that should happen,we will notify you the decision within a period of five (5) days of receipt of theorder. The refusal of an order does not give place to any compensation, but simply to the refund of the price of the products if it has already been cashed. If you have any questions or remarks regarding our order acceptance policy, or if your order has been rejected by mistake, please contact us by e-mail at the address info@sofaclean.be.
- PRICES, PAYMENT AND PROMOTIONS
All prices shown on the website are expressed in euros and all taxes (VAT and otherapplicable taxes). Except delivery fees. Delivery charges are calculated during the order and depend on the quantity of products ordered, the weight of all of the products, the chosen delivery option and the destination of delivery. These delivery costs,exclusively at your expense, will be always referred to in the last step of the order process, so that you have full knowledge before you confirm and validate your order.
Our prices are transparent, all-inclusive, no surprises. The price indicated in the order confirmation is the final price you will pay. However, if special circumstances were to cause unforeseen additional costs and unforeseeable at the time of the conclusion of the contract, they would be at your expense and you would be disclosed as soon as possible.
Prices are guaranteed, subject to clear and indisputable error. In the case of manifest error or fault of notorious inattention on the price for a product on the Site, we reserve the right of not to pursue an order.
We also reserve the right to change our prices at any time, but we will, however, apply those listed on the Site at the time of the registration of the order. However, it is up to you to assume any VAT increase or new tax that would be imposed between the time of the order and the delivery.
Any complaint or dispute relating to the prices charged shall be made in writing within seven (7) days following the confirmation of the order. The filing of a complaintdoes not suspend the obligation of payment.
METHODES OF PAYMENT :
you have the choice between different payment options:
- Payment online via Paypal.
To ensure maximum security of your online payment transactions, we offer the Paypal payment platform. You must have a paypal account and can thus make your payment with ease and in complete safety, with any type of credit card that you have registered in your Paypal account.
PayPal relies on the protocol SSL (Secure Socket Layer) encryption to protect and encrypt all of your banking data effectively. They don't pass any or is stored on the servers of SOFACLEAN®
- Bank transfer payment.
You can also pay by bank transfer to the following account:
Bank: BNP PARIBAS
Bank account: 001-7385386-86
IBAN NO.: BE78 0017 3853 9686
BIC: GEBABEBB
Please indicate the reference of your order on the transfer order.
When the chosen payment method does not allow an immediate collection of the order, we consider a payment period of fourteen (14) days after the confirmation of your order.
If you do not pay on time, you will be automatically and right into default. Accordingly, a penalty on the amount of remaining amounts due will be calculated at the legal rate of interest. This penalty is due during the period between the expiry of the payment period and the full payment of the sale price. It will also be possible to claimany judicial and extrajudicial that we will have to bear due to your default. These additional fees are an integral part of the price to pay. In the event of non-payment after three reminders or demand, the invoice will be forwarded to an office collectionor our law firm that will be responsible for the recovery of the amounts due and theliquidation of the procedure.
Delivery will be made once the full payment of the price will be cleared.
Payments delayed by bank transfer, delivery time will be extended for as many daysthat it will have been necessary to SOFACLEAN® to receive the payment of the order.
- DELIVERY
We deliver our products all over Europe !
Delivery is made to the address that you provided at registration of the order. To ensure delivery, please ensure that you have provided accurate and complete information regarding your delivery address. SOFACLEAN® cannot be held responsible for any delays or errors in delivery in the case of incorrect or incomplete information onyour part.
It is your responsibility to ensure that delivery is made at the agreed place, in your presence or in the presence of a third party you have designated. If no one is presentat the delivery address, the delivery is considered failed. It can be renewed after prior notification. This attempt of delivery costs will be entirely your responsibility.
Modes and delivery times:
We deliver our products through Bpost Taxipost formula with shipment.
We work exclusively with this carrier known for its seriousness and the quality of itsservice. We will provide you with a link that will allow you to track the delivery of your order online, as soon as possible.
The delivery time is very important to our customers and we make every effort to ensure that your order is delivered at the latest at the date indicated in the confirmation email or, if no date has been set, within a period of thirty (30) days from the receipt of your payment. The delivery times indicated are the average delivery times of our carriers in days; they are given, unless otherwise stated, purely indicative and not binding in any way our company.
We reserve the right to attach certain conditions to the delivery. Including the rightto stipulate a delivery time more important or to deliver the products in your orderof phased in cases where, for reasons of logistics or unavailability of certain products, once delivery is not possible.
If that were the case, you would obviously kept informed within a reasonable time, and no additional shipping costs will be charged to you.
You can terminate the contract if we are unable to make delivery within the contractually specified period. In such a case of termination, we will refund you quickly all monies paid, no later than fourteen (14) days after the termination of the sale.
Package tracking:
Each of the parcels we ship is provided with a "Track & Trace" code that allows to follow. We will send this code by e-mail.
If you don't receive the code, please first check if the email is not blocked by the anti-spam e-mail filter. If this isn't the case, please contact us at most quickly.
In case of receipt of an order within seven (7) days of the shipping date confirmed in the e-mail of shipment sent by SOFACLEAN®, please contact us in order to openan investigation with the carrier. An investigation can last several days, investigationtimes are variable depending on the carrier and the country of delivery. If during this period, the product is found, it will be re-routed immediately. On the other hand, if the product is not found at the end of the applicable investigation period, the carrier considers the package as lost. If this is the case, we will send you a replacement product, at our expense. If the product ordered is no longer available for sale after the period of the investigation, we will refund the amount of the product concerned and the amount of the shipping cost. No refund or return of replacement goods cannot be carried out during the period of investigation.
Control of the package and its content
Parcels shipped by SOFACLEAN® are always impeccable, and audited and must arrive at destination in the same condition. You are required to carefully review the products received and to scrupulously check their compliance as soon as received. If there is an error in the command, or if it is damaged as a result of the delivery, you must refuse it and make mention of your remarks and challenges on the delivery of the carrier. If the delivery is accepted and, after inspection of the goods, it turns out that it is damaged, you have a period of five (5) working days of receipt of the package to make a claim. Any claim relating to the conformity of the product with respect to apparent defects or delivery should us be reported in writing, in a motivated and signed mail. After a period of five (5) days, the supply is deemed complete and the delivered products are deemed free of any apparent defect. Of course you keep thewarranty of conformity and defects to potential problems that you can not identify the delivery.
Defective products must be returned to us in their original condition, including packaging, accessories, operating instructions and documentation; always accompanied by the invoice and proof of valid payment. Any breach of this duty implies a proportional reduction in the refund. Sending back the products is always your responsibility and at your own risk. We recommend that you send us products by recommendedand with insurance, to avoid the risk of loss or theft. Sending in return must take place at the latest within seven (7) days following the communication of the claim.
Transfer of risk
We assume the risk of damage or loss of the goods until the moment of delivery. The risk is transferred at the moment where you receive the products of your order yourself or a third party that you have designated. Each delivery in principle requires the signature of a delivery confirmation, but the absence of such a signature has no impact on the transfer of the risk which is acquired at the time of delivery.
- RIGHT OF WITHDRAWAL
If, for any reason whatsoever, one or more items you are not satisfactory, you can(s) return, without penalty and without giving any reason, within fourteen (14) daysof receiving. We will refund you, via the method of payment originally used, returned products and delivery charges, as soon as possible and certainly within fourteen(14) business days. This repayment period will run from the receipt of the products. We will refund to the same bank account than the one from which we received the initial payment, unless you expressly decide otherwise.
Please respect the following rules:
To receive your right of withdrawal, you must notify us of your decision to withdrawfrom the contract by means of a written statement, without any ambiguity, sent by e-mail to info@sofaclean.be.
You have a period of fourteen (14) days calendar from the date at which you have notified your decision to exercise your right of withdrawal to return the products concerned. This expedition in return must be made through a recognized carrier. Returnfees are at your charge and the referral shall be at your own risk.
Beware, this right of withdrawal is only possible for consumers (i.e. natural persons acting for purposes which are not in the context of their commercial or professional activity), and that in accordance with article VI.53. the code of economic law, this right of waiver is not applicable to sales of:
- the supply of goods made to the consumer's specifications or clearly personalised (Article VI.53.3 °) (for example, the products ordered in colors 'tailor-made');
- the supply of goods likely to deteriorate or to expire quickly (Article VI.53.4 °);
- the supply of goods sealed cannot be returned for reasons of protection of health or hygiene, and which have been unsealed by the consumer after delivery (Article VI.53.5 °);
- the supply of goods which, after having been delivered, and by their very nature are mixed inseparably with other items (Article VI.53.6 °);
It is possible that we apply a count on the refund in order to take account of the depreciation of the product that is returned, resulting from manipulations other than those which are necessary to establish the nature, characteristics and functioning of the product.
If you do not meet the conditions mentioned above, you then do an illicit use of theright of withdrawal. In this case, the goods will be returned to you, your responsibility and at your own risk. In such a case, we are committed to clearly communicate you the reasons for the dismissal.
- WARRANTY
If despite all the care we bring in the selection and production of our products, it happens that an article turns out to be non-compliant or reached a hidden defect, theproducts sold by SOFACLEAN® benefit from the legal guarantee of compliance withthe legal guarantee of hidden defects, within the limits and conditions below.
In addition to the apparent defects at the time of delivery, we guarantee, according to articles 1649bis to 1649octies of the Civil Code, any lack of conformity which exists at the time of delivery and that manifests itself within a period of two years from the actual delivery. Any lack of conformity must be notified to us within a period of two (2) months of the day on which the defect is found. This warranty applies only tothe benefit of consumers. It does not cover the damage and damage caused by normal wear and tear or by an external accident, improper use or use not conforming to the instructions and information provided or by a lack of maintenance.
In the absence of substantiated complaint, you don't have the right to return the products.
If the above conditions is met, you first choose between repair or replacement of products, free of charge, and as long as the situation allows. If repair or replacement isdisproportionate or impossible, you then have the right to require another form of redress, such as the repayment by a similar product or financial compensation. Suchfinancial compensation can never be greater than the amount you were charged.
If the conditions above are not met and goods are returned incorrectly, we will sendyou the product. Costs related to this return shipment at your charge and at your own risk. We are free to store products in one-third as long as these referral fees arenot addressed.
- FORCE MAJEURE
SOFACLEAN® will be responsible for the non-performance or part of its obligationsunder the present contract, if it is caused by an event constituting force majeure. Will be considered as cases of force majeure, the events of the externality, irresistibilityand unpredictability characters recognized by the Belgian authorities. In the presence of a force majeure event, you will be informed at the earliest. We are authorized to suspend our obligations for the duration of the force majeure.
- TREATMENT OF PERSONAL DATA
During the ordering process, personal information will be requested (including: full name, email address, address of delivery, etc.).
This information is essential for the good treatment and the delivery of orders, as well as for the establishment of invoices. If they default, the order will be cancelled.
The respect and the protection of privacy are very important. We strictly apply the legal provisions on data protection. For more information on the treatment of your personal data by SOFACLEAN®, see the privacy Charter.
- GENERAL PROVISIONS
PERSISTENCE OF THE CONDITION OF USE. IN CASE OF NULLITY OF A CLAUSE AND NO WAIVER
If one or several clauses of the present CONDITION OF USE. is held invalid or declared such in application of a law, a regulation or following a decision of a competent court, the otherstipulations will keep all their force and their range and the invalid provision will bereplaced by the stipulation valid closest to obtaining the desired result by the parties.
The fact that one of the parties to not rely on one breach by the other party to anyof the obligations contained in the present CONDITION OF USE. cannot be interpreted in the future as a renunciation of the obligation in question.
The titles that we use in our legal documents are always purely illustrative. You cangive them no legal value.
Present CONDITION OF USE. and the summary of order that is communicated to you form a contract and constitute the entire of the contractual relations between the parties. In case of contradiction between these documents, the CONDITION OF USE will prevail.
APPLICABLE LAW AND COMPETENT COURT
Belgian law is applicable, exclusion of all others, the relationship between the parties. The applicability of the Vienna Sales Convention is expressly excluded.
In case of litigation, an amicable solution will be sought before any legal action. If a friendly settlement cannot be reached, the courts of the judicial district of the placewhere SOFACLEAN® has its headquarters will be only competent.