Terms and conditions
The seller, hereinafter referred to as "Productions Associées," with registered office at Rue Coenraets, 72 - 1060 Brussels - email: Info@powsey.be, registered with the Crossroads Bank for Enterprises under VAT number BE 0536.858.376.
The buyer is defined below as the company or individual who accepts the offer contained in the price quotation issued by the seller.
POWSEY engages in distance selling of goods through the website www.powsey.be. These general conditions of sale apply to all offers, purchases, and other transactions on the POWSEY website.
These general terms and conditions of sale, available on the page https://powsey.be/pages/conditions-generales-de-ventes, are systematically brought to the attention of each buyer to allow them to place an order. Therefore, placing an order implies the buyer's full and unconditional adherence to these general terms and conditions of sale.
Any order placed on the website www.powsey.be implies the full acceptance of these general terms and conditions of sale.
Any contrary condition imposed by the buyer will, in the absence of express acceptance, not be opposable to the seller, regardless of the time when it may have come to the seller's knowledge.
The fact that the seller does not rely on any of these general terms and conditions of sale at a given time cannot be interpreted as a waiver of its right to rely on any of said conditions later on.
The information contained in advertisements, brochures, or any other written documents provided directly by the company's agents or employees and disseminated or communicated through any medium, including the internet, constitutes an invitation to enter into negotiations and does not have contractual value.
Failure to understand our general terms and conditions of sale in your native language does not render them inapplicable to you.
By ticking the present general terms and conditions of sale, the Customer acknowledges:
- being fully decision-maker or having authorization from the authorized person before committing to an order placed with Productions Associées;
- having become aware, in addition to the information contained in these general terms and conditions, of the essential characteristics of the products ordered;
The information provided by the buyer when placing the order is binding. In case of an error or incomplete information in the recipient's details, Productions Associées cannot be held responsible for the inability to make the delivery.
Productions Associées informs you that it reserves the right to change or modify its general terms and conditions at any time.
B. DEFINITIONS
For the application of these general terms and conditions, the following terms are understood to mean:
"General Terms and Conditions of Sale": refers to this document, i.e., the terms and conditions applicable between the client and Productions Associées.
"Client": refers to a person who uses the website and purchases one or more products for personal use through the website after having previously accepted the general terms and conditions of sale.
"Articles": refers to a product offered for sale on the website. The articles presented on www.powsey.be and which you can purchase by clicking on the appropriate buttons.
"Order": refers to the purchase order placed by the client for one or more products through the website www.powsey.be. The web page called "your cart" which appears when clicking on "add to cart" and which lists the Articles and the total price of your purchases.
"Website": refers to the website accessible at www.powsey.be.
"Contract": refers to the contract composed of these general terms and conditions of sale and the Order that you conclude within the framework of a distance selling system via www.powsey.be.
"Data": refers to all personal data concerning you (name, first name, credit card number, billing address, delivery address, etc.) communicated to www.powsey.be to allow it to process the Order.
"Identifier": refers to the email address you choose when registering. This email address must be provided each time you register on the Site.
"Delivery": refers to the operation by which the Articles are effectively made available to their buyer by Productions Associées.
"Password": refers to the personal and confidential password you choose when registering and which you must enter when Productions Associées invites you to do so.
"Price": refers to the price of each Article including VAT.
C. GENERAL CONDITIONS
1. Orders
Orders are made exclusively online, on the website www.powsey.be.
1.1 Placing the Order
The client can place an order only via the website or by email.
To be able to purchase a product during their first order on the website www.powsey.be, the client must open a customer account and/or fill out an order form specifying certain mandatory fields considered necessary for the management of the said order and commercial relations so that the order can be taken into account.
Upon registration, the buyer must choose an Identifier [email address] and a personal and exclusive password. They are solely responsible for their confidentiality. They can change their Identifier or password at any time following the instructions provided on the website. By placing an order, the buyer agrees that entering their data after entering their Identifier and password constitutes proof of their identity and the terms of delivery and billing.
Unemancipated minors do not have the capacity to enter into a contract. Data collection from minors must be communicated by the minor to the parental authority.
Productions Associées draws the client's attention to the fact that the online order on the website is secure.
The client must verify the accuracy of the Product(s) ordered, the quantities ordered, and the place of delivery of the Order.
1.2 Order Confirmation
If Productions Associées accepts the Order, it notifies its acceptance by sending an Order Confirmation to the Client's email address.
The sale will only be considered final after the client receives the confirmation of the order from Productions Associées, specifying the shipment of the products.
Productions Associées reserves the right to refuse any order from a customer for a legitimate reason, in accordance with applicable law. It has the right to refuse any abnormal order or order placed in bad faith. Moreover, the company will have the right to refuse any order from a customer with whom there is a dispute concerning the payment of a previous order with Productions Associées or any other merchant.
1.3 Order Cancellation
1.3.1 Order Cancellation by the Company
An Order may be canceled by Productions Associées in the event of:
- Unavailability of the ordered product(s);
- Failure of the client to pay the price of the order within the specified time limit;
- Force majeure [including: unforeseeable delay in deliveries or defective deliveries from suppliers];
1.3.2 Cases of Unavailability of the Ordered Product(s)
Due to the specificity of the Internet network, the company does not guarantee the real-time availability of all products on its website. In the event of temporary or permanent unavailability of any of the products, the company will inform customers via its website or by sending an email to a valid email address provided by the client. The company will then offer the replacement of the ordered product with an equivalent product [quality and price] or a voucher or exercise your right to resolve the contract [cancel your order].
1.3.3 Order Cancellation by the Client
Any request to cancel an order must be made before the shipment of the products, to be taken into consideration, and no later than 1 hour after its registration. After this period, no cancellation will be possible.
1.4 Right of Withdrawal
In accordance with Belgian law, any non-professional client falling within the scope of consumer protection legislation and established in Belgium has the right to notify Productions Associées of their withdrawal from the purchase within 15 days.
The request for withdrawal must be communicated in advance by email to info@powsey.be. To exercise this right, the client undertakes to return their order under the same conditions as the shipment, accompanied by the return form, within the specified timeframes mentioned above.
The product must be returned in its original condition, sent by B-POST with tracking or via registered mail for Europe.
No right of return will be granted for items that have been opened, unsealed, soiled, incomplete, damaged, or non-compliant. In such cases, you will remain the owner of the product. If you wish, the product will be returned to you, and the transport costs will be at your expense.
The delivery and return costs are always borne by the client.
The goods must be returned to the following address:
POWSEY Mr. CONVENT Rue de l’associaton 14 1000 Brussels BELGIUM
The right of withdrawal does not apply to goods that are custom-made according to the consumer's specific requirements or clearly personalized.
1.5 Consequences of Withdrawal
In case of withdrawal from the order, the payment already made by the client and received by the company will be refunded following the same payment method chosen by the client, after deducting the shipping costs and excluding any other compensation or damages, in accordance with the legal provisions in force in the Benelux countries, within a maximum period of thirty [30] days from the day following the date the client transmitted the order.
To benefit from this convenient, secure, and fast service, the client should provide their IBAN account number on the return form accompanying the returned items.
2. Prices
All prices of the items are indicated in Euros, including all taxes, excluding processing and shipping fees.
Any change in the applicable VAT rate may be reflected in the product prices.
Productions Associées may modify its prices at any time but undertakes to invoice the products based on the rates in effect at the time of order registration, subject to availability on that date and receipt of effective payment.
In reference to articles 1226 and following of the Civil Code, the client who unilaterally and prematurely terminates the contract mentioned above will pay Productions Associées, as a penalty clause, a fixed and non-reducible sum of 62.00€.
Additionally, Productions Associées will have the right to demand greater damages when it can prove the extent of its loss.
3. Reservation of Ownership Clause
The products and goods sold remain the property of Productions Associées until full payment of the price.
4. Payment
The full payment must be made at the time of the order.
Payments will be made by credit card: they will be made either through the secure PAYPAL system, which encrypts all information related to the use of the card during the online payment process via the Site, or by Carte Bleue, Maestro, MasterCard, or Visa.
During the payment, the buyer must indicate the name of the cardholder as well as the card number, expiration date, and the three-digit cryptogram on the back (the code with three digits ensuring transaction security).
Productions Associées cannot be held responsible for the consequences of any use, fraudulent or otherwise, of the credit card that would be made by a third party, particularly in the event of message interception.
It is recommended for the buyer to also provide a phone number where they can be easily reached.
The charge will be made after the billing of your items.
In the event of a dispute concerning payment, only the payment service provider can be held responsible.
5. Payment and Data Security
The website www.powsey.be benefits from one of the most efficient security systems currently available, ensuring optimal protection of all sensitive data related to payment methods.
Productions Associées never has access to the buyer's banking information. Therefore, their information will be requested for each new order. Only Europabank will have access to the confidential information necessary for the transaction and inaccessible to third parties.
To guarantee secure purchases, Productions Associées has implemented all necessary procedures to protect against the fraudulent use of your credit card.
- Secure payment site;
- Control and blocking of orders identified as fraudulent;
- Control and blocking of IP addresses identified as fraudulent.
In the event of fraudulent debit on your bank account, we recommend that you contact your bank immediately.
- Delivery
7.1 Conditions
The normal delivery time is approximately 10 working days [unless otherwise indicated on the site] and is provided for information purposes only.
It is important to specify the delivery method when placing the order; in the event of an error, Productions Associées declines all responsibility.
7.2 Delivery Incidents
7.2.1 Delivery Delay:
Neither Productions Associées nor the carrier can be held responsible for impossibility or delay in delivery in case of force majeure, bad weather, or imprecision in the delivery address.
In case of delay, damage, theft, etc., the client will only have recourse against the carrier.
If the buyer is not present on the day of delivery, a notice indicating the delivery attempt will be left, along with the address of the post office where the parcel will be available for 10 days. The parcel will then be redirected to the nearest post office.
The buyer can also choose to have the parcel delivered directly to our workshops in Brussels.
In case of an actual delivery delay compared to the date indicated during the order, we kindly ask you to contact Customer Service to initiate a delivery inquiry with the relevant carrier.
To register a claim with Customer Service, please provide your contact details, invoice number, product references listed on the invoice, and specify the reasons for your claim.
7.2.2 Incomplete or Non-compliant Delivery:
The buyer is required to check the condition of the packaging and its contents upon delivery of the order.
It is possible that the parcel may be damaged, partially or completely stolen, or an error may have occurred during preparation.
In case of a claim regarding any defects or shortages (missing product, damaged package, broken products, etc.), the buyer must include their observations accompanied by a photo, first by email to Customer Service at info@powsey.be, and within 2 days thereafter, by registered mail to the company's registered office: Productions Associées, whose workshop is located at 14 Rue de l’association, 1000 Brussels, Belgium.
7.2.3 Lost Parcel:
In the event that a parcel is lost by one of our carrier partners, please inform us as soon as possible by email to Customer Service at info@powsey.be.
The company will conduct an investigation with the relevant services.
- Shipping Fees
The following rates are calculated for a parcel weighing a maximum of 1kg and may be increased if the weight exceeds 1kg.
Belgium: €6.00 incl. VAT for one purchased product France: €15.00 incl. VAT
Switzerland: €15.00 incl. VAT
- Warranty
Productions Associées is liable for defects in the conformity of the goods to the contract and hidden defects under the conditions provided for in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code: "The seller is bound by a warranty on account of the hidden defects of the thing sold that render it unfit for the use for which it is intended, or that so diminish its usefulness that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them."
Article 1648 of the Civil Code: "The action resulting from redhibitory vices must be brought by the purchaser, within a short period, depending on the nature of the redhibitory vices, and the usage of the place where the sale was made."
For any technical issue or information request, contact Customer Service: Productions Associées info@powsey.be within a period of 8 days (for Belgium) and 15 days (for foreign countries) after the delivery date, either by registered letter or by email to Productions Associées info@powsey.be. After this period, no complaints will be taken into consideration, no returns will be accepted, and no discounts will be granted.
The return of a product will be accepted only if a claim and a prior request have been made, and the buyer follows the instructions provided by Customer Service.
Small differences in quality, color, width, weight, production, or design cannot result in the refusal of the merchandise.
A slight discoloration of the product after washing will not be categorized as a "defect" but as a "vintage effect" and will, therefore, not be returnable.
Valid claims will result only in the return or replacement of the merchandise, however, without compensation for direct or indirect damages.
In the context of returning an item under warranty, it must be returned in its original packaging, accompanied by all the possible accessories, instructions for use, documentation, and the email of return approval from Customer Service of Productions Associées.
Any incomplete return or damaged packaging will be refused and returned to the buyer at their expense.
After verifying the non-conformity of the product with the offer, Productions Associées will proceed with an exchange for a product of the same reference and the same or superior quality according to availability. In this case, the buyer will still have the option to request a refund.
In the event of the product being unavailable, Productions Associées will proceed with a refund of the price [excluding shipping costs].
- Liability
The products offered comply with current Belgian legislation.
They are non-discounted textile items.
The essential characteristics of each item are described on the appropriate pages of the website.
The photographs, product sheets, dimensions, colors presented on the website, and the reproduced texts illustrating the presented products are as faithful as possible to the items that will be shipped to you. However, Productions Associées cannot be held responsible for minor differences [inaccuracies, errors, or omissions].
Furthermore, Productions Associées cannot be held responsible for non-performance of the contract due to an unforeseeable and insurmountable event of a third party to the contract [disruption, total or partial strike, in particular postal and means of transport and/or communication, flooding, fire...] or the fault of the client. Naturally, Productions Associées is committed to making every effort to implement a solution aimed at fulfilling the agreed contract within the shortest possible timeframes.
Productions Associées will not be liable in any case for any delay in the execution of an order or for any failure to execute an order if the delay or non-execution is due to a technical or other cause beyond its control [supplier stock shortage, etc.]. In this case, Productions Associées has the right to delay delivery within reasonable limits or simply to cancel the order.
The products offered for direct sale by Productions Associées are those presented on the website www.powsey.be at the time of consultation by the internet user, and subject to availability.
In the online sales process, Productions Associées cannot be held liable for any damage resulting from the use of the internet network, such as data loss, intrusion, virus, service disruption, or other involuntary problems.
The contractual or quasi-contractual liability of Productions Associées is limited to the refund of the Order price and cannot give rise to any other compensation.
- Data Protection
The data provided by the buyer is protected in accordance with the law on the protection of individuals with regard to the processing of personal data. The buyer has the right to access and modify their data at any time. To exercise this right, simply go to "my account" on the website.
The buyer undertakes to provide the data necessary for order fulfillment and any other marketing operation without usurping the identity of any other person or using a false name.
Therefore, Productions Associées cannot be held responsible if any errors or inaccuracies appear in the delivery address of the internet user.
By placing an order, the client agrees that the Company may store, process, and use the data collected from the order to process it.
The client agrees that the company is authorized to send them commercial solicitations by email concerning its products or services.
If the client no longer wishes to receive such information, they may request it by email.
- Intellectual Property
The use of the website www.powsey.be is exclusively reserved for personal use.
The site and all its elements are protected by current intellectual property rights.
All models, texts, comments, works, photos, illustrations, and images, whether visual or sound, including the underlying technology, and reproduced on the website www.powsey.be, are protected by copyright, trademarks, patents, and image rights. They are the exclusive property of Productions Associées or its partners.
Any reproduction or public communication of trademarks, texts, photographs, or other material disseminated on the site is strictly prohibited without the prior express written permission of Productions Associées. Any hyperlink directly referring to this site must be subject to prior express authorization.
- Customer Service
For any information or question, our Customer Service is at your disposal: info@powsey.be
By email via the website contact form.
- Jurisdiction
This contract is subject to Belgian law. The language of this contract is French. In the event of disputes, the parties will attempt conciliation.
Failing that, they now recognize the exclusive jurisdiction of the courts of Brussels [Justice of the Peace of the 3rd Canton of Brussels], and only Belgian law will apply. For individuals, the competent court in the event of a dispute will be that of the defendant's place of residence or, at the defendant's option, the place of effective delivery of the product.
- Technical Issue
If a client encounters a technical problem on the website www.powsey.be, the clients are asked to contact us by email at the following address: info@powsey.be.
Productions Associées will do everything possible to resolve the problem as quickly as possible but cannot be held responsible. These general terms and conditions of sale were drawn up on September 13, 2017.