General conditions

General Terms and Conditions of Sale

Foreword

Important note:

The User is kindly asked to read those Terms and Conditions before placing an order. If the User is less than 18 years old, they must have a clear authorisation of one of their parents or guardian to place an order and proceed to the payment of that order.

The commercial website http://www.dandoy-sports.be (hereafter called the “Website”) is an online sales website accessible via the Internet Network, open to all users of that network (hereafter called “Cybernauts”). It is managed by the SPRL Dandoy Sports (hereafter called “Dandoy sports”). Dandoy Sports head offices are located in Allée des artisans, n° 5 5590 CINEY, RPM Dinant – VAT – BE 0 445.862.973

The website enables Dandoy Sports to offer a greater amount of products than in its Dandoy Sports shops (hereafter called “Products”) to the Cybernauts surfing on the web (hereafter called the “Users”). For the purposes of this statement, it is understood that the User and Dandoy sports will be called “the Party, and a User who validates an order will then be called “a Buyer”. The rights and obligations of the User are necessarily applicable to the Buyer.

The User wishing to purchase online via the Website hereby formally declares that they have full legal capacity. However, a person who has been declared incapable under Article 1123 and following of the Belgian Civil Code, although not allowed to buy on the website and therefore become a Buyer, can be a website User. Consulting the website and the services it offers is then the responsibility of their legal representative. This legal representative is obliged to comply strictly with these terms. In any event, when giving personal detail information, the legal representative will have to fill in the sign in form themselves or explicitly authorise the person they represent to fill in the file. Of course the terms on personal data in the ensuing Article 7 are applicable.

The order’s fulfilment is subject to a possible refusal from Dandoy Sports. An order placement will be denied if there is a pricing error, if the prior order has not been paid or if Dandoy Sports judges that packages are lost or returned to frequently by the Buyer.

Any order of a Product offered on the website requires consultation and prior acceptance of these terms and conditions of sales, no written signature will be needed from the User.

In accordance with the Belgian law of 9 July 2001 on the legal framework for electronic signatures and certification services, reminding that order validation as stated in article 3.3 hereunder constitutes an electronic signature and therefore has, between both Parties, the same value as a handwritten signature and serves as proof for the completeness of the order and for the owed amount in exchange for the execution of said order.

Finally, the User can save or print these general terms and conditions, as long as the User does not change them.

Article 1. Object

These general conditions aim to define, solely in the frame of Internet business relations, the rights and obligations of Parties in interest, coming from the trade of the Products offered on the website.

The sale can be concluded in Dutch, French or English; the language is chosen by the Buyer.

Article 2. Products-Prices

2.1. Products

The products offered for sale by Dandoy Sports are those featuring on the Website, on the day the User visits the Website.

In case one of the Product is not available, the Buyer will be informed when the order is delivered at the latest.

2.2. Prices

All the prices indicated are in Euros and are valid in Belgium and within the UE countries. They take into account possible discounts and VAT., applicable on the day of the order.

The prices indicated are guaranteed until the 31/12/2015, within the limits of available stock, except in case of significant changes of expenses, in particular of the VAT, and errors and omissions.

The promotions granted in the form of vouchers are only valid for one order and one household for a determined amount of time.

Dandoy Sports holds the right, accepted by the User, to modify the prices at any time but the Products will be billed based on the price valid at the time the order was confirmed, within the limits of availability of said Products.

2.3. Shipping costs

For any order of one or more articles for which the value is under seventy euros (70€) tax included, the shipping costs amounts to seven euros and fifty cents (7.50€)

Article 3. Placement and Validation of the Order.

3.1. Surfing on the website

The User can take knowledge of the different Products offered for sale on the Dandoy Sports website.

The User can surf freely on the different website pages, without undertaking an order placement.

3.2. Placing of an order

Shall the User wish to place an order, they will chose the different Products they are interested in and show that interest by clicking on the button “Add to my cart”.

At any time, the User can:

See a list of the products they selected by pressing the “Cart” button.
Correct possible mistakes in the order by pressing the “back” button; changing the order is however not possible after pressing the “Place order now” button.

The Users do not have to sign in as a member to order their products after they press the “Place order now”.

The Users will have to fill in with absolute accuracy the form given to them, on which must appear the necessary information for the shipping of the order, such as name, surname, and postal address. Afterwards, an order form will appear on the screen, summing the nature, quantity and price of the products ordered by the User, the total amount of the order, the User’s coordinates and shipping address of the products.

The User shall then be able to choose the payment method of their choice according to the conditions on article 6.

3.3. Definite validation of the order

As soon as the User will have validated their payment method, the order will be definitely confirmed: the order is registered and the sale is definitely closed. Hereafter, it is no longer possible for the User to correct eventual errors which occurred while entering the order. The User will be characterized as a Buyer. The order form is registered in the computer registers of Dandoy Sports or their provider, which will be saved on a safe and durable data carrier, and which serves as a proof for the contractual relations between the parties. The contract will afterwards be archived electronically and is destined to be used exclusively by Dandoy Sports.

In accordance with the stated article 5 hereafter, the Buyer has the right to cancel the purchase, without risking penalties or indicating their motives, within the fourteen (14) calendar days starting from the day after the products were delivered by Dandoy Sports.

3.4. Confirmation of the order

From the moment the sale is definitely closed, Dandoy Sports will send an overview by e-mail, ultimately at the time of delivery of the articles, to the e-mail address the consumer entered while placing the order.

This confirmation includes all compiling elements the parties concluded and also serves as a proof of the purchase the parties agreed to. It also has juridical value concerning the availability and the price of the articles. The invoice, which will be addressed to the consumer at the moment of delivery, will include the articles as well as the expedition costs of the order.

Article 4. Delivery

4.1. Delivery times

Delivery times in application are the following :

Normal delivery times
For all available articles, the shipping time is usually of 3 working days starting from the day after the package was processed.

In case the order cannot be processed within a maximum period of thirty (30) working days, starting from the day after the order was confirmed by the Buyer, the latest holds the rights to cancel the Purchase. When the order confirmation sent to the Buyer states “available within X weeks”, the maximum period of delivery is of thirty (30) working days plus the number of weeks stated.

4.2. Shipping address

The Products ordered by the Buyer will only be delivered within the countries of the UE, at the address indicated by the Buyer on the order confirmation. The Buyer can have the Products delivered at another address then theirs or in a “Point Poste”. In this case, the User shall be able to pick up the Products they ordered by showing an ID document, in the Point Poste of their choice. At all events, the Products will be shipped by usual postal services or by carrier. Furthermore, it is stated that the Products ordered are owned by Dandoy Sports until payment of the full amount billed, including shipping fees, has been received.

Shipping adresses are as following :

In a Point poste within 48h
Dandoy Sports will do their best to make sure the order gets delivered within 2 working days in the point poste chosen by the Buyer. A “Point Poste” is a business (often a bookstore or a petrol station) where the Buyer can pick up their products. Any order delivered in a point poste will be kept for 10 days maximum.
AT THE BUYER’S OR AT THE ADDRESS OF THEIR CHOICE ;
Dandoy Sports delivers the order at the Buyer’s within the normal delays, without any extra fees.

Article 5. Model Instructions on Withdrawal

The Buyer holds the right to withdraw from their order, and if necessary to exchange one of more article(s) ordered, without giving any reason within 14 calendar days.

The withdrawal delay expires 14 calendar days after the day the User, or a Third party other than the transporter and chosen by the User, takes physical possession of the article(s), or of the last article (if the order includes various articles and if they are delivered separately).

To exercise their right for withdrawal, the User must notify their decision of withdrawal of said order, without possible misunderstanding, by email: info@dandoy-sports.com or by registered letter with an acknowledgement of receipt at Dandoy Sports SPRL- 5, Allée des artisans – 5590 CINEY.

In order to meet the delay for withdrawal, all the User has to communicate to Dandoy Sports their wish to exercise their rights for withdrawal before the time limit for withdrawal expires.

5.1. On the Effects of Withdrawal

In case of withdrawal of the User, said order will be fully reimbursed, except for the shipping fees.

The User will however have to pay the direct costs for sending back the articles if they don’t live in Belgium. A Customer living in Belgium can ask Dandoy Sports services for a return label that will allow them to send the order back. This return label is only valid once per order.

In case the withdrawal concerns only part of the order, Dandoy Sports will reimburse the Buyer all the payments received concerning said article(s), except for the shipping costs.

In case the withdrawal concerns the entire order, Dandoy Sports will reimburse the Buyer all the payments received concerning said order, except for the shipping costs.

Said reimbursement will be proceeded within a reasonable amount of time and, in any case, 14 days maximum after being informed of the User’s decision to withdraw all or part of the order.

Dandoy Sports proceeds to the reimbursement using the same payment method as the one used by the Buyer for the first transaction, unless the Buyer specifically arranged for a different method; in any case, the reimbursement will not cause for any costs for the Buyer.

Dandoy Sports can withhold the reimbursement until they receive the article(s) back or until the Buyer proves that said article(s) were shipped, the date kept will be of the first day of those facts.

The Buyer shall send the article(s) in their original packaging, without undue delay and, in any case, within a maximum of 14 days after communicating to Dandoy Sports their decision to withdraw part of the order or the entire order. It shall be considered that the delay was met if the User sends their article(s) within the 14 days delay. The User shall ask for an evidence to show the products were shipped (label with a number) in one Point Poste and keep it safe.

The Buyer is supposed to handle and inspect the product(s) with all due caution during the withdrawal period, like they would have been handled in a shop. Shall the Products be depreciated due to a handling that was not necessary to establish their nature, characteristics and functioning, the responsibility would fall on the Buyer.

Dandoy Sports holds therefore the rights to ask for damages compensations in case the articles returned are damaged, dirtied or worn; if the articles are not in their original packaging, not complete or if the instructions file or some pieces or accessories are missing; or if the articles were damaged due to negligence, abusive use or repaired by a third party or the User themselves.

5.2. Absence of a right of withdrawal

The User cannot exercise their right of withdrawal for

Articles that were manufactured according to specific instructions or clearly customised;
Articles that could deteriorate or expire rapidly;
Tables and robots
Gifts (ex: t-shirt offered…)
The articles will only be exchanged if the stock is permitting.

5.3. Reimbursement and other details

How will the Buyer be reimbursed?

If the Buyer is due a reimbursement, the Buyer will be reimbursed minus the amount that they shall owe Dandoy Sports at the time. When the Buyer returns an item, they shall write their account number at the back of their delivery slip.

Important details :

Some clothing articles are delivered with a safety seal that it is imperative that the Buyer leaves on the item while fitting it. Any article sent back without the safety seal cannot be reimbursed or exchanged.
In case of abnormal or abusive returns, Dandoy Sports holds the right to refuse any later order.

Article 6. Payment

Any order implies a shipping fee mentioned on article 2.3.

The following payment methods are not accepted: postal stamps, bank transfers enclosed to the order or pay checks.

When the order is confirmed, the Buyer is asked to choose between the following payment methods:

With a VISA OR MASTERCARD
With a VOUCHER or CASH VALUE, that always have to be mentioned or used when placing the order: Dandoy Sports deduces them from the payable amount and, if necessary, Dandoy Sports reimburses (except for value vouchers) the remaining balance.
With PAYPAL
With AMERICAN EXPRESS
With a GIFT CARD: the gift card is a payment method only available on www.dandoy-sports.be.

Under any circumstances, Dandoy Sports holds the right to refuse any order in case of :

Ongoing dispute with the Buyer
Failure to pay part or all of the former order by the Buyer
Denied authorisation of payment by bank card by a Bank or financial institution.
Failure to pay the total amount due
Use of a bank card that was not delivered by a Belgian financial institution

Dandoy sports shall not be held responsible in those cases.

Article 7. Warranties

The Buyer must take good care of the warranty card.

7.1. Tables and Robots: 2 years commercial guarantee

The tables and robots are guaranteed for two years after delivery, or even more if indicated. Shall a default appear within the warranty period, Dandoy Sports will be responsible for the total amount of the repair costs, except for possible transport costs.

7.2. Exceptions

The commercial guarantee on article 7.1 does not apply to:

Normal wear and tear on certain parts,
Pieces and accessories that needs regular replacement,
Professional, commercial or collective use, or if the article has been used in a way for which it is not intended,
Products that were not used according to instructions or abusive use,
Repair of a failure caused intentionally or by negligence,
Repair of a failure caused by an accident, fire, lightening, storm or other natural catastrophes,
Repair by a third person or the User him/herself,
Modifications that cannot be attributed to Dandoy Sports sprl (for exemple, if the customer modified the preprograming of a robot).

7.3. Legal Warranties

The Buyer will benefit from the legal warranties for any lack of conformity existing at the time the product was delivered, if they did not know or were not supposed to know about the default when confirming the order and if it appears within 2 years after the delivery. In this case, the Buyer can require for is product to be repaired or replaced, and if none of those solutions are possible, a suitable price reduction or the rescinding of the contract, according to the law (art. 1649 bis and following of the Belgian Civil Code). To do so, the Buyer will inform Dandoy Sports in writing at the latest within the 2 months after noticing the default. If such default appears within the 6 first months after delivery, the responsibility should rest on Dandoy Sports to prove that it did not exist at the time of delivery. After the two years delay, the Buyer cannot require any repair or replacement of their article, only if stated otherwise on the website. The articles with a normal life duration of less than two years, or six months, according to the usage generally known or according to the technical conditions (taking the price into account, for example), are only guaranteed their normal life expectation. The legal rights that the Buyer is entitled to according to the Belgian law applicable to the selling of goods shall not be affected by the guaranties described elsewhere on the website.

7.4. Replacement parts – Replacement goods – Correspondence and visiting addresses

REPLACEMENT PARTS

If the Buyer loses a piece being part of a whole, Dandoy Sports will often be able to solve the problem.

REPLACEMENT GOODS

Shall an article not be available, Dandoy Sports will offer the Buyer a replacement product that has equivalent or superior characteristics at the same price or lower. Furthermore, in case a gift is out of stock, Dandoy Sports can send the Buyer a gift of equal or superior value in order to fulfil their engagement.

CORRESPONDENCE AND VISITING ADDRESSES

Any mail or action concerning the guarantees described on this article must be addressed to Dandoy Sports SPRL, which headquarters are at Allée des artisans,5 5590 CINEY or by phone (+3283/213564) or email at (info@dandoy-sports.com).

Article 8. Protection of the private life and the personal data of individuals

The processing of personal data, managed by Dandoy Sports SPRL will only serve the purpose of customer management, fighting against fraud and infractions of customers, litigation management, risk analysis of any order based on previous behaviour of clients or marketing, credit management, direct marketing, commercial information business or brokering services.

The Buyer can at any time have access to their data and ask for rectifications by sending a mail (Dandoy Sports – Allée des artisans,5 5590 CINEY) or an email (info@dandoy-sports.com), with a two-sided photocopy of their ID.

Personal data concerning the User can be communicated to direct partners of Dandoy Sports SPRL for marketing purposes. The Buyer can oppose this communication of his/her details at any time by sending a letter or e-mail stating: “I oppose the communication of my personal details with third parties for marketing purposes” .If the User wishes to stop receiving files, they just need to notify it to the following address Dandoy Sports – Allée des artisans,5 5590 CINEY or by e-mail (info@dandoy-sports.com).

Further information on personal data privacy and the processing of personal data can be asked to the Commission for the Protection of Privacy, Rue Haute 139, B-1000 Bruxelles.

8.1. Personal Data

Supplying personally identifiable information is mandatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. These information are strictly confidential. Failing to supply such information shall lead to the order being automatically rejected.

According to the law of 8 December 1992 on protection of the private life and the personal data of individuals, the processing of personal data collected on the website are subject to a declaration to the Commission for the Protection of Privacy. Users are entitled to access, change, correct and delete their information.

Finally, Dandoy Sports may need to communicate personal data to their business partners. The User can than receive commercial offers from third persons. This means that the customer's personal information may be forwarded to Dandoy Sports business partners, except if specified otherwise. Of course, a posteriori, the User still has the possibility to refuse such communication, either by not consenting at the time of signing in or placing an order, either by showing their refusal by mail, according to the paragraph below.

8.2. Cookies

The website uses cookies. Cookies are a computer file stored on the hard disk of the user's computer. Their aim is to signal the User’s former visit on the website. Cookies are, among others, used by Dandoy Sports to personalise their services offered to the User.

Users still hold the possibility to refuse the cookies by configuring their browser. They then lose the ability to customise the services offered by Dandoy Sports on the website.

The cookies section allows the Users to learn more about the use and origins of the surfing information processed when consulting our website and about the User’s rights. This section is therefore important for the Users, who want to have a positive and trusting experience, and for Dandoy Sports, who wishes to answer in a precise and complete way to the questions on the consultation of the website and take the User’s wishes into account.

8.3. Web Beacons

Some web pages of the site can sometimes contain electronic images or “web beacons, that allow counting the number of visitors on the web page.

Those web beacons can be used with some of our partners, notably in order to measure and meliorate the effectiveness of some advertisements.

Data obtained via those beacons simply allow to gather some statistics on the flow of visitors on certain web pages, in order to improve the service for the customers.

Article 9. Miscellaneous provisions

9.1. Force majeure

Dandoy Sports shall not be liable in the event of partial or total non-performance of any obligation under this contract where such non-performance arises due to an event that constitutes a case of force majeure, notably the presence of IT viruses, in the case of disruption or strikes, either total or partial, notably of the postal services and transportations or communications, floods or fire.

Cases of force majeure will be defined as those events which fulfil the criteria set by case law.

The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (5) working days of the occurrence of the event.

Exceeding a one (1) month delay of interruption for case of force majeure, Dandoy Sports is entitled not to fill the order, with the obligation of refunding the Buyer.

9.2. Partial invalidity

If any provision in these Standard Terms & Conditions of Business is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions shall retain their full force and scope.

9.3. Wholeness of the contract

These Standard Terms & Conditions of Business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties. In the event of contradiction between the said documents, the Standard Terms & Conditions of Business shall prevail.

9.4. Applicable Law - Out-of-Court Settlement of Consumer Disputes - Relevant Jurisdictions

These Standard Terms & Conditions of Business and the contractual relationship between Dandoy Sports and the Buyer are subject to Belgian law. Competence will be expressly attributed to the jurisdiction of the Tribunal of Dinant.