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TERMS AND CONDITIONS OF SALE
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General Terms and Conditions (GTC) for orders on the callmeformycar.com website
We would like to introduce you to our General Terms and Conditions of Sale, which form the basis for all the services we provide on callmeformycar.com. At callmeformycar.com we offer you a personalised shopping and service that meets your interests and specific needs. At callmeformycar.com we sell Call Me For My Car articles and articles from Call Me For My Car partners.
1. CONCLUSION OF CONTRACT AND DELIVERIES
1.1 On the callmeformycar.com website, contracts are concluded exclusively in French and Dutch. When ordering Call Me For My Car articles, your co-contracting party is NIKITA S.A. (Call Me For My Car), Rue du Menuisier 46, 1200 Brussels, Belgium. When ordering Call Me For My Car Partner articles, your co-contractors are NIKITA S.A. (Call Me For My Car) as well as the Call Me For My Car Partner, whose contact details are indicated on the detailed page of the chosen product. 1.2 To purchase an item, and thus place an order, you will need to add the item to your shopping cart. You will be able to choose the amount of items you wish to order. Then you will need to fill in your customer account details, choose your delivery method, payment method and insert your promotional code if applicable. You will then be able to check the details of your order and, if necessary, correct any errors before placing your order. The essential characteristics and the price of our products are indicated on the pages containing the detailed description of the products in the online shop. The “confirm order” button allows you to confirm your order, which then becomes final, and a contract of sale is thus concluded. We will confirm receipt of your order by email. Please note that the delivery of ordered products is made against prepayment (reservation) upon receipt of full payment of the sales price as well as any delivery charges. Therefore, we kindly ask you to pay the purchase price without delay and at the latest within 7 days after receipt of our order confirmation.
1.3 We reserve the right to assign the claim arising from your purchase to third parties, in particular to Viva Wallet. In such a case, you agree to make the payment directly to this third party upon simple information from us and to collaborate with this third party for the recovery of the sale price.
1.4 If on the “order summary” page, you select the CO2 footprint offset for your order, this is an integral part of the contract for your order. Before the conclusion of the contract, we indicate on the page “summary of your order” the amount of the contribution. 1.5 We draw your attention to the fact that we are exempted from delivering the ordered goods in the following case of force majeure: if we have ordered the goods ourselves in due form but have not been supplied in due time by our suppliers. The dispensation of delivery furthermore requires that the unavailability of the goods is not attributable to us, that we have not expressly agreed to bear the procurement risk and that we have informed you of the unavailability of the goods as soon as possible. When the above-mentioned conditions are met, the order is cancelled and we will refund the sums you have already paid. 1.6 If we do not have the goods in our stock, we will refund all payments made without undue delay. We cannot be obliged to procure goods ordered elsewhere, as we do not accept the risk of supply, even for generic products (where only the type and characteristics of the goods are described). Our stock includes the relevant Call Me For My Car partner stock as soon as the Call Me For My Car partner goods are ordered. Any liability for unavailable goods will be limited to payments made by you for the unavailable goods which we will refund without undue delay. 1.7 We deliver exclusively in Belgium – France – Luxembourg – Holland – Switzerland – Monaco . Where deadlines are expressed in working days, working days shall mean all days between Monday and Friday inclusive, but not public holidays.
2. PRICES, DELIVERY CHARGES, EXPRESS DELIVERY AND TRANSFER OF OWNERSHIP
2.1 The products are invoiced on the basis of the prices indicated in the offer at the time of the order. The prices indicated are the final prices, all taxes included. 2.2 The goods shall remain our property or that of the Call Me For My Car Partner until full payment of the purchase price and, if applicable, the delivery costs. 2.3 We shall bear the delivery costs, with the exception of express delivery costs. We offer express delivery for certain orders. If this service is offered to you, this option will be displayed during the ordering process. Express delivery takes a maximum of 2 working days. If your order is not delivered to you after this time, we will reimburse the delivery costs.
3. PAYMENT
3.1 We accept the following methods of payment: credit card, Maestro, invoice, immediate bank transfer and the secure payment system Viva Wallet. However, depending on each order, we reserve the right not to offer certain methods of payment or to offer others. We only accept payments from bank accounts held in the European Union (EU). All costs related to your payment are at your expense. 3.2 In the case of purchases by credit card, your account will be debited on the day your order is shipped. 3.3 Failure to pay the invoice (in full) on the due date will result in the introduction of an internal and external recovery procedure. By internal reminder sent by Call Me For My Car a fixed administrative fee of EUR 5.50 will be charged. When Call Me For My Car entrusts the collection of the debt to a third party, for example to a collection agency, a fixed charge of 10% of the invoiced amount with a minimum of 40 euro will be charged without prior notice of default. On each amount that has not been paid (in full) on the due date, legal interest will be charged by operation of law and without prior notice of default from the due date until the date of full payment. Also, for any delay in payment on the part of Call Me For My Car, the legal interest will be charged on the amount due, as well as a fixed compensation of 10% without prior notice of default. Any dispute relating to the payment or execution of deliveries shall fall within the exclusive jurisdiction of the courts of the district of Brussels. 3.4 You agree to receive invoices and credit notes only in electronic form.
4. COUPON USAGE
4.1 Discount vouchers are only distributed free of charge in the context of promotional activities. They are time-limited, cannot be purchased and are not transferable. 4.2 Discount vouchers are only valid for the period indicated and can only be used once as part of a single order. Certain products may be excluded from the benefit of discount coupons. A discount coupon cannot be used for the purchase of gift vouchers. A minimum purchase amount can be specified for each coupon. 4.3 In order to be able to use a discount voucher, the value of the order must be at least equal to the amount of the discount. The difference between the amount of the discount voucher and the price of your order can be paid by any of the payment methods offered. The credit note is non-refundable and non-interest bearing. In case of total or partial return of the goods, the part of the price paid by coupon will not be refunded. 4.4 To apply a coupon to an order, you must enter the coupon code before sending the order. The application of discount coupons to orders already sent is excluded. Unless otherwise stated, it is not possible to combine several coupons. 4.5 If you have used a coupon when making your purchase, we reserve the right to charge you the unreduced price of the goods if, due to a partial withdrawal, the total amount of the remaining order is less than or equal to the value of the coupon.
5. USE OF GIFT VOUCHERS
5.1 Gift Vouchers are discount vouchers that you can buy. Gift Vouchers can only be used for the purchase of Call Me For My Car and Call Me For My Car Partner articles, the purchase of other gift vouchers being excluded. You can settle the possible difference between the amount of the gift voucher and the price of your order by any proposed means of payment. If the value of your gift voucher is greater than the total amount of your order, the difference will be credited to your customer account. 5.2 To be able to use the credit corresponding to a gift voucher, you must enter the code appearing on the gift voucher before sending your order. 5.3 The credit balance in the form of gift vouchers does not bear interest and cannot be repaid, even if you make use of your statutory right of withdrawal. 5.4 You can credit the value of a gift voucher to your customer account or view your customer account balance by accessing the “my gift vouchers and credit notes” section on callmeformycar.com.
6. LEGAL RIGHT OF WITHDRAWAL WHEN PURCHASING AN ARTICLE Call Me For My Car .
IF YOU PURCHASE AN ARTICLE Call Me For My Car, WE REQUEST THAT YOU READ THE FOLLOWING INFORMATION AND INSTRUCTIONS
Information on the right of withdrawal 6.1 You have the right to withdraw from this contract without giving any reason within fourteen days and free of charge (except for those specified in Articles 6.4. and 6.7.). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good in case of partial delivery. 6.2 In order to exercise the right of withdrawal, you must notify us (NIKITA S.A. callmeformycar , Rue du Menuisier 46, 1200 Brussels , Belgium, e-mail: contacte@callmeformycar.com) of your decision to withdraw from this contract by means of a clear statement. You can use the following withdrawal form (Art. 6.10) for this purpose, but it is not obligatory. You can also fill in and send the cancellation form or another clear declaration of cancellation in electronic form via the contact form on our website. If you make use of your right of withdrawal, we will send you an immediate acknowledgement of your corresponding declaration (e.g. by e-mail). In order to comply with the cancellation period you must send us your declaration of cancellation before the expiry of this period.
Limitation of the right of withdrawal
6.3 Call Me For My Car seals products which, for reasons of health protection or hygiene, are not suitable to be returned after opening or altering the packaging. This includes, but is not limited to, for example, cosmetics and underwear. In the case of the supply of sealed goods, the right of withdrawal may not be invoked provided that the original seal is intact.
Effects of withdrawal 6.4 In the event of a valid withdrawal, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a method of delivery other than standard delivery, if applicable) without delay and at the latest within fourteen days from the day on which we became aware of your declaration of withdrawal. 6.5 We will make the refund using the same means of payment that you have used in accordance with Article 9, unless we expressly agree to a different means of payment. The refund is free of charge to you. 6.6 You must return or return the goods to us (NIKITA S.A. Call Me For My Car, Rue du Menuisier 46, 1200 Brussels, Belgium, e-mail: contacte@callmeformycar.com) without delay and in any event no later than fourteen days from the day on which you have notified us of your withdrawal. It is sufficient to return the items before the 14-day period expires. 6.7 This deadline is met if you send the goods before the deadline expires. We will pay for the return costs if you use the return label provided for a return within Belgium. In all other cases, the return costs are at your expense. The return costs depend on the charges applied by the delivery man of your choice. 6.8 We reserve the right to defer a refund until we have received the goods or until you have provided proof of shipment of the goods, whichever is earlier. 6.9 You must bear the loss of value of the returned goods if this loss of value is due to handling other than that which is necessary to ensure the nature, characteristics and correct functioning of the goods.
MODEL WITHDRAWAL FORM
6.10 (If you wish to withdraw from this contract, please fill in this form and return it to us) A (NIKITA S.A. Call Me For My Car, Rue du Menuisier 46, 1200 Brussels , Belgium, e-mail: contacte@callmeformycar.com). I/we (*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the goods (**)/below – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Date (*) Delete as appropriate
(**) In filling in this form, I note that I cannot exercise my right of withdrawal in respect of sealed products, provided that the original seal is intact. NIKITA S.A. Call Me For My Car has the right to refuse the withdrawal if the products are returned without a seal or with a broken seal.
7. LEGAL RIGHT OF WITHDRAWAL WHEN PURCHASING A PARTNER ARTICLE Call Me For My Car
IF YOU PURCHASE A Call Me For My Car PARTNER item, WE REQUEST THAT YOU READ THE FOLLOWING INFORMATION AND INSTRUCTIONS
Information on the right of withdrawal 7.1 You have the right to withdraw from this contract without giving any reason within fourteen days and free of charge (except for those specified in Articles 7.4. and 7.7.). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good in case of partial delivery. 7.2 To exercise the right of withdrawal, you must contact us (NIKITA S.A. Call Me For My Car , Rue du Menuisier 46, 1200 Brussels , Belgium, e-mail: contact@callmeformycar. com) notify or notify the Call Me For My Car Partner contracting party (you will find a link identifying the Call Me For My Car Partner as well as their contact details on the product detail page, you will also find their contact details in the PDF file entitled “Information regarding the right of revocation” attached to the order confirmation we send you) of your decision to withdraw from this contract by means of a clear statement. You can use the following withdrawal form (Art. 7.10), but it is not obligatory. In order to comply with the cancellation period you must send us your declaration of cancellation before the expiry of this period.
Limitation of the right of withdrawal
7.3 Call Me For My Car seals products which, for reasons of health protection or hygiene, are not suitable to be returned after opening or altering the packaging. This includes, but is not limited to, for example, cosmetics and underwear. In the case of the supply of sealed goods, the right of withdrawal may not be invoked provided that the original seal is intact.
Effects of withdrawal 7.4 In the event of a valid withdrawal, we shall refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a method of delivery other than standard delivery, if applicable) without delay and at the latest within fourteen days from the day on which we or the Call Me For My Car Partner became aware of your declaration of withdrawal. 7.5 We will make the refund using the same means of payment that you have used in accordance with Article 9, unless we expressly agree to a different means of payment. The refund is free of charge to you. 7.6 You must return or restitute the goods to the Call Me For My Car Partner without delay and in any event no later than fourteen days from the day on which you have communicated your declaration of withdrawal to us. You will find a link identifying the Call Me For My Car partner as well as their contact details on the product detail page. You will also find their contact details in the PDF file entitled “Information concerning the right of revocation” attached to the order confirmation that we send you. We advise you to use the return label enclosed with your order, which can also be printed on your customer account page. If you do not have access to a printer or if you have problems downloading the return label or if you need a new return label, you can contact customer service to request one (contact details below). This deadline is met if you send the goods before the 14-day deadline has expired. 7.7 We will only pay the return costs if you use the return label provided. In all other cases, the return costs are at your expense. The return costs depend on the charges applied by the delivery man of your choice. 7.8 We reserve the right to defer a refund until we have received the goods or until you have provided proof of shipment of the goods, whichever is earlier. 7.9 You must bear the loss of value of the returned goods if this loss of value is due to handling other than that which is necessary to ensure the nature, characteristics and correct functioning of the goods.
8. REIMBURSEMENT
Any refund from us will be made to the account you used to make the payment. In the case of payment by invoice or advance payment, the sum shall be transferred to the account from which the transfer was made. If you paid by Viva Wallet or credit card, the amount will be refunded to the bank account linked to this means of payment. In case of payment by gift voucher, we credit your customer account with the corresponding amount.
9. CUSTOMER SERVICE
If you have any questions, please consult the “contact” section of our site.
10. MISCELLANEOUS
10.1 Our liability for defective products shall be governed by the applicable statutory provisions. 10.2 You can view these GTC on the callmeformycar.com website. You can also print or save this document using the usual function of your Internet browser (usually “file” ◊ “Save as”). You can also download and archive this document in PDF format by clicking here. Adobe Reader (available free of charge at www.adobe.fr) or another PDF-compatible program is required to read the PDF file.
10.3 Only persons who are at least 18 years of age may make use of the offers available on callmeformycar.com.
10.4 Each customer is only allowed to have one account at callmeformycar.com at the same time. We reserve the right to delete multiple records. 10.5 You can also archive the GTC as well as the contractual terms and conditions of your order by downloading the GTC and saving either the summary of your order in the Online Shop using your browser or the order confirmation e-mail that is automatically sent to you after your purchase to the e-mail address you have given us. This order confirmation contains the references of your order as well as a link to consult these GTC. The order confirmation can be saved or printed out using the corresponding function in your mailbox. 10.6 The European Commission offers consumers a platform for out-of-court dispute resolution. Consumers can settle a dispute about an online order without the intervention of a court. The Online Dispute Resolution Platform can be accessed via this url link: http://ec.europa.eu/odr/. 10.7 The application of the Vienna Convention on the International Sale of Goods (1980) is explicitly excluded. 10.8 Should one or more clauses of the GTC be invalid, they will not affect the legitimacy of the other clauses, which will remain valid.
NIKITA S.A “Call Me For My Car” Rue du Menuisier 46, 1200 Brussels, Belgium.
Legal representatives: NIKITA S.A.,
Intra-Community VAT: BE 0469 350 633
Version: 16/06/2020