For the application of these general conditions of sale, the Not for Profit Editions Jesuits (Fidélité, Lessius and Lumen Vitae) is hereafter called “the company”.
The present general conditions define, without limiting the application of particular conditions, the respective obligations of the contracting parts at the time of sales provided by our services.
By signing the convention or the purchase order or by accepting the confirmation of an order, the customer explicitly acknowledges having read these general conditions and to have accepted them.
Only those exceptions subject to a written agreement between the company and the customer can modify the application of these general conditions.
The present general conditions automatically apply to the customer's conditions of purchase.
The invalidity or unenforceability of any provision of these terms shall not affect the validity or applicability of the remaining provisions. If necessary, the parties shall replace the invalid or inapplicable clause by a valid clause which is most similar from an economic perspective to the invalid or inapplicable clause.
ARTICLE 1 - Order and delivery period
1.1. The customer can place orders:
- via the basket on the Internet site of the company
- by fax: +32 (0) 81 22 08 97
- by email (email@example.com)
- by mail (7, rue Blondeau - 5000 Namur - Belgium)
- by telephone: +32 (0) 81 22 15 51, if the confirmation of the order is given as specified in 1.2 below.
1.2. A valid contract is concluded between the company and its customer when the company receives the confirmation of the order on its Internet site or when the company receives the completed and signed purchase order by mail, fax or email. The information noted on the purchase orders received by mail, fax or email constitutes the proof of the entire transaction passed between the company and its customers.
1.3. When the customer places an order on the Internet site of the company, and validates the order by clicking on the button “validate”, they fully accept the order placed as well as the entirety of these general conditions of sale, without reservation.
1.4. The customer is responsible for the orders given to the company in their name by unauthorized third parties. The customer bears the risks related, in particular, to the misuse of access permitting orders via the Internet, by fax or email.
1.5. The customer has the right to notify the company that they renounce a purchase, without penalties and without giving a reason, within eight calendar days of the date of invoice which accompanies the order. The return shipping costs are at the charge of the customer.
1.6. Except when otherwise specified by the customer at the time of the order, the orders are sent by mail, at the customer's risk.
1.7. For the customer orders via the Internet site, the customer order is dispatched only after reception of payment. Except in the cases described in point 5.2 below, orders will be dispatched within eight days following the reception of the payment. For the customer orders by fax, email or mail, the orders will be dispatched, except in the cases described in point 5.2 below, within eight days of the order.
ARTICLE 2 - Price
2.1. Our prices are in euros and include all taxes. The correct prices are those on the Internet site of the company the day of the order, or those appearing in our most recent catalogues. The company reserves the right to modify these prices at any time.
2.2. The postage and packing costs are extra. They are noted on the invoice.
2.3. The company conserves ownership of the goods until the full payment of the invoice and any additional charges (charges, interest and penalties). Consequently, the customer expressly agrees to not sell, lend, pledge or in general alienate the goods subject of the contract, before full payment of their account, except in the case of prior written agreement from the company.
The company may exercise this reserve title clause eight days after sending a written notice to pay, by registered mail with acknowledgement by receipt, addressed to the customer and which remains unheeded. The goods delivered and remaining unpaid will then have to be restored to the company at the expense of the customer, immediately and upon simple request by the company.
ARTICLE 3 - Payment and terms of payment
3.1. The invoices must be paid by bank transfer on account IBAN : BE97 0688 9989 0649 – BIC : GKCCBEBB. French customers can send a bank check. Payments via PayPal are also accepted as well as by credit cards Visa or MasterCard. The credit card number and the expiry date must be transmitted at the time of the order, and this only by mail or fax, including the payment for orders placed via the Internet site (the site is not encrypted). Each payment mentions the structured communication which is noted on the purchase order.
3.2. As the company has the possibility of providing printed or electronic invoices, your will be asked for your prior agreement and you have the right to refuse a particular invoicing format; in the event of refusal, there will be no increased cost for the ordered good(s).
3.3. All the invoices are payable from 30 days end of the month, except in the case of prior written agreement.
3.4. However, orders via the Internet must be paid in advance using the modalities as indicated in article 3.1 above.
3.5. In the event of non-payment at the end of this period or only partial payment, the outstanding amount of the invoice will be charged interest as from the day following the expiry, and this without further notice. The minimum interest is that established by article 5, subparagraph 1 of the law of August 2, 2002 relating to delayed payment in commercial transactions, as modified by the law of November 22, 2013, plus 2%.
In accordance with article 6 of the above mentioned law, if interest is due in accordance with article 5, subparagraph 1, the company is entitled to this payment, automatically and without further notice, plus a fixed 40€ for the costs incurred. In addition to this amount, the company is entitled to reasonable compensation for all other bank charges coming in addition to the above mentioned flat-rate and incurred in consequence of the delay of payment, including procedural indemnities in accordance with legislation.
ARTICLE 4 - Intellectual property
All texts, comments, works, illustrations and images reproduced in all and any catalogues of the company are reserved under royalty and intellectual property rights worldwide. Any reproduction total or partial of the company catalogue is strictly prohibited.
ARTICLE 5 - Responsibility
5.1. The goods offered are in conformity with all Belgian legislation.
5.2. The company will not be held responsible for the non-execution of the contract concluded in cases, including but not limited to, out of stock or unavailable products, force majeure, total or partial strikes of the mail service, transport or communications, as well as flood, or fire. In the case of payments already received from clients, the client will be reimbursed.
5.3. The company works to ensure the correct operation of its Internet site and takes great care to present exact information, but cannot guarantee perfect accuracy of all information.
5.4. The company will not be held responsible for any damage arising from the use of its Internet site, including, but not limited to any direct or indirect damages.
5.5. On the company Internet site the hypertext links may lead you to other sites. The company declines any responsibility if the content of these sites contravenes any legal and regulatory provisions in force.
ARTICLE 6 - Litigation - Applicable regulations
6.1. All complaints must be addressed by registered mail to the company (7, rue Blondeau - 5000 Namur - Belgium) or by email (firstname.lastname@example.org) in the eight calendar days following the date of the invoice which accompanies the delivery of the goods.
6.2. This contract is subject to Belgian law and the parties explicitly accept to set aside the application of the Convention of Vienna on the International Sale of Goods. The language of this contract is the English language.
6.3. In the event of litigation, if the client is a private customer, the competent tribunal will be one of those mentioned in article 624 of the legislation, at the choice of the applicant; in the case of a purchase is done by a commercial company or a private individual in a purely professional and/or commercial capacity, the courts of the legal district of Namur shall be solely competent.
ARTICLE 7 - Personal data
7.1. The company undertakes not to disclose to third parties the information provided by its customers. This information is confidential and will only be used internally by the company for processing orders and to support and personalize communication and offers reserved to customers of the company, including electronic means.
7.2. The customer has the right to access, verify and correct any personal data in accordance with the provisions of the law of December 8, 1992 on the protection of privacy in relation to the processing of personal data.