General Conditions of Sales
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General Conditions of Sales
1 - Definitions relating to the terms used in the General Conditions of Sales
2 - General provisions Article
3 – Prices Article
4 – Order Article
5 - Creation of a customer account
Article 6 - Entry into force and duration
Article 7 - Terms of payment
Article 8 - Signature and proof of payment
Article 9 - Availability
Article 10 - Delivery of the order
10.1. Method of delivery
10.2. Delivery address
10.3 Amount of delivery costs
10.4. Delivery times
10.5. Late delivery
10.6 Checking the order on arrival
10.8. Refusal of the product on delivery
Article 11 - Right of withdrawal
Article 12 - Claims
Article 13 - Warranty
13.1. Contractual guarantee and after-sales service
13.1.1. General provisions
13.1.2. Duration of the contractual guarantee
THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE ARE CONCLUDED BETWEEN
Smart Touch sprl,
whose registered office is located at Place A. Favresse 47, 1310 La Hulpe, Belgium
registered with the Crossroads Bank for Enterprises under the number
n° BE0477598108
Hereinafter referred to as "the Seller".
on the one hand,
ET
Any person who can be qualified as a "Consumer".
Hereinafter referred to as the "Customer".
on the other hand.
Together referred to as "the Parties".
IT IS AGREED AS FOLLOWS
Smart Touch is active in the refurbishment of second-hand smartphones and smartphone accessories. The Company markets them in particular via the website www.phone-outlet.shop.
The Parties agree that their relations are governed exclusively by this contract for all Orders placed remotely on the Internet for goods offered for sale by the Seller to the Customer, the list of which is available at the address of the Website.
The Parties agree that the photos of the goods for sale on the Site have no contractual value.
Article 1 - Definitions relating to the terms used in the GCS
"Article": the article(s) ordered ;
"Smart Touch": the Company hereinafter referred to as the Seller;
"Merchandise": any product offered for sale on the site;
"Customer": a contractor of the company Smart Touch who guarantees to be a consumer within the meaning of the Belgian Consumer Code;
"Order": request for goods made by the Customer to the Seller;
"Contract" means these general terms and conditions, including its preamble and annexes, as well as any modification, substitution, extension or renewal hereunder in accordance with the agreement of the parties ;
"Delivery Period" means the period agreed between the Parties at the time the Order is placed;
"Delivery costs": cost of the expenses incurred by the Seller in sending the Order to the delivery address indicated by the Customer;
"Delivery": dispatch of the goods to the Customer;
"Delivery Method" means any standard or express delivery method available on the Seller's website ;
"Price": the unit value of a Good sold by the Seller; this value includes all taxes (including VAT) and excludes delivery costs;
"Total Price": the total aggregate price of the Goods sold by the Seller which are the subject of the Order. This amount includes all taxes (including VAT) ;
"Fixed Price": the total price of the Order, plus the price of the shipping costs. This amount includes all taxes (including VAT);
"Product": see "Goods (or "Goods")" ;
"Site" or "Website": means the company's website: www.Smart Touch.be ;
"User": refers to any person accessing and browsing the Site ;
"Distance Selling" or "Internet Distance Selling": means the marketing of the Seller's goods via its website www.Smart Touch.be.
Article 2 - General provisions
The purpose of these general terms and conditions of sale (hereinafter "GCS") is to define the conditions under which The Seller sells its products to its Customers.
The GCS form an integral part, together with the Order placed by the Customer, of the distance selling contract via the Internet. The Customer declares that he has read them before placing his order. Consequently, validation by the Customer of his Order implies acceptance of the General Terms and Conditions. The General Terms and Conditions apply to the exclusion of all other conditions. They may be printed and stored by the Customer.
The Seller reserves the right to modify these Terms and Conditions of Sale at any time. The new version will be published on the website.
The general terms and conditions of sale binding on the Customer are those in force at the date of the order.
Article 3 - Prices
The prices are indicated in euros, all taxes included (TTC), excluding participation in processing and shipping costs.
For all products shipped abroad, prices may vary according to customs duties or other local taxes, dock dues, import duties or state taxes that may be payable. Such duties and charges are not the responsibility of the Seller. They shall be borne by the Customer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in the country of destination. For any information, the Customer must inquire with the customs authorities about these charges before placing the Order.
No action for reimbursement may be brought against the Seller in this respect. However, if such taxes or charges were to be imposed on the Seller, the Customer shall be required to reimburse them upon receipt of the corresponding invoice.
The Seller reserves the right to modify its prices at any time, but the Products shall be invoiced on the basis of the prices in effect at the time the Sales Order is validated.
Article 4 - Order
The Customer places his Order on the www.phone-outlet.shop website, from the online catalogue and using the form contained therein, after having created or logged into his Customer Account, as described in article 7 hereof.
The Order is validated according to the "double click" procedure, after summary and confirmation of the Order.
The Seller reserves the right to suspend and/or refuse to honour any order:
- which is of an abnormal nature (particularly in terms of quantities ordered) ;
- in the event of the Customer's failure to fulfil its obligations;
- in the event of a dispute relating to the payment of a previous order being processed;
- in the event of a manifest error in price;
- in the event of a lack of sufficient information to enable the Seller to carry out the order.
Any Order shall only become firm and definitive once accepted by the Seller and subject to the availability of Products in stock. Such acceptance shall take the form of an Order confirmation sent to the Customer.
Article 5 - Creation of a Customer Account
The online ordering service is only accessible to Customers with a Customer Account created on the www.phone-outlet.shop website.
In order to create an account, the Customer must provide all the information required to process their Order, namely (the list below is not exhaustive): their identity, postal address, delivery and billing address, their fixed and/or mobile telephone number and their e-mail address. The Seller may refuse to create a Customer Account if the information requested and indicated as mandatory is not provided or is clearly incorrect.
The Customer acknowledges that the information provided is accurate and up to date. He undertakes to make all the necessary changes to keep them up to date so that the Seller can process his Order. The Customer acknowledges that it fully assumes its responsibility if the information provided is inaccurate.
The Customer acknowledges that he may only have one active account to which he may have access by means of a password and an identifier, consisting of the e-mail address used to create the Customer Account. This data is confidential, personal and non-transferable. Thus, it is forbidden for him to impersonate a third party, to create an account for someone other than himself, to provide an email address that he does not have and to create several Client Accounts.
He is solely responsible for the use that may be made of his login and password, and is solely responsible for their confidentiality, as well as the use of his account.
The Customer undertakes to use his Customer Account in accordance with the GCS. The Seller may suspend or delete his Customer Account in the event of a breach of the GCS.
Under no circumstances can the Company be held liable for any loss or damage resulting from the Customer's failure to comply with its obligations.
The Customer undertakes to inform the Seller immediately of any unauthorised use of its Account, as well as any breach of the confidentiality and security of its means of identification.
If the Seller has legitimate reasons to believe that the security of the Site is violated or that it is being misused, it may temporarily suspend the Customer Account in order to preserve the integrity of the Site and data and require the modification of these means of identification.
Article 6 - Entry into force and duration
The present contract shall come into force on the date of validation of the Order. It is concluded for the period necessary for the delivery of the goods, until the expiry of the guarantees and obligations owed by the Seller.
Article 7 - Terms of payment
Payment of the price including VAT by the Customer is made by credit card (for example: Maestro, Visa, Mastercard, ...) or by Paypal ... on the secure payment site at the end of the order: validation of the order by credit card is equivalent to a mandate to pay the price including VAT of the order (including postage).
If it is impossible to debit the price including VAT, the sale will be immediately cancelled by right and the order will be cancelled.
Article 8 - Signature and proof of payment
For all credit card payments, the electronic certificate issued by the telepayment manager constitutes proof of the amount and date of the transaction, in accordance with the legislation in force.
For all Orders, the computerised records, kept in the Seller's computer systems, shall be considered as proof of communications, orders and payments between the Parties.
The burden of proof to the contrary lies with the customer.
Article 9 - Availability
The Products are offered within the limits of available stocks.
In the event of unavailability of a Product ordered after the Customer has placed an Order, the Customer shall be informed by mail (e-mail or post) or by telephone call. The Seller may not be held liable by the Customer in the event of the unavailability of a Product.
In this case, the Customer shall have the choice of requesting an exchange of Products or a refund. If it is impossible to exchange, the order will be cancelled and the Customer will be refunded. The Seller will reimburse the Customer by the same payment method as that used on the day of the order.
Article 10 - Delivery of the order
10.1. Method of delivery
Delivery is carried out by a carrier chosen by the seller, either by direct delivery of the Product to the Customer, or by notification of the availability of the good, provided that the latter accepts delivery at the place indicated.
10.2. Delivery address
The Products are delivered to the delivery address indicated during the ordering process. The address must be located in a country on the European continent, otherwise the order will be refused. For any address located outside the geographical area described above, a quotation will be sent to the customer beforehand, in order to inform him/her of the shipping costs to be borne by him/her. The Client is solely responsible for any non-delivery in the event of a manifest lack of information at the time of placing the Sales Order. If delivery is made by means of a notice of availability of the goods notified to the Customer, the pick-up point will be located within a reasonable perimeter of the place of delivery agreed at the time of the Order. No change in the delivery address will be accepted once the Order has been confirmed.
10.3 Amount of delivery charges
Delivery costs are to be borne by the Customer and are indicated before the Order is confirmed. They depend on the delivery method chosen by the Customer.
10.4. 10.4. Delivery times
Delivery times may vary depending on the availability of the goods ordered. In any event, the Seller undertakes to use all means to deliver within the period indicated at the time of validation of the order within an average period of five working (5) days from receipt of full payment for the goods by the Customer, including shipping costs.
10.5. Delivery delay
The delivery time indicated when the Order is registered is given for information purposes only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the Products may not give rise to damages or the cancellation of the order in favour of the purchaser.
Furthermore, the seller cannot be held responsible for the consequences due to a delay in delivery caused by the carrier.
10.6 Checking the order on arrival
Upon receipt, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the Product delivered and its conformity with the Order.
If, at the time of delivery, the packaging is damaged, torn or open, and the Products have been damaged, it is the Customer's responsibility to record the regular protests and reservations on the delivery slip, which he must sign, have the carrier or his attendant countersign, date and confirm by registered letter within three (3) days, excluding public holidays.
This verification is deemed to have been carried out when the Customer, or a person authorised by him, has signed the delivery note without reservation.
Compliance with this formality is necessary to engage the liability of the transport service provider. Failing this, the Client is solely responsible for the possible consequences of non-compliance with these rules.
In the event of an apparent defect in the Product or non-compliance with the Order, the Customer must confirm these claims to the Seller by telephone or e-mail, indicating its reservations within three (3) days of delivery. With the Vendor's express prior consent, the Product shall be returned to the Vendor in the same condition as received, to the following address
SMART TOUCH (customer service)
Place A. Favresse 47, 1310 La Hulpe, Belgium
No claims made after this period will not be accepted.
10.7 Delivery Incident
In the event of an error or omission in the wording of the delivery address preventing its execution as well as in the event of a refusal of delivery by the recipient, the delivery will nevertheless be perfect. Forwarding costs will be the sole responsibility of the Customer.
In the event of loss of or damage to the package, the Seller may pay the Customer a lump-sum compensation if the circumstances justify it. These are at the Seller's discretion.
10.8. Refusal of the product on delivery
Refusal of the product on delivery by the customer, if not duly justified, is considered abusive. In this case, the Seller may claim from the customer a fixed compensation of 30% of the total amount of the order.
Article 11 - Right of retraction
The Customer has a right of withdrawal which he may exercise within a period of fourteen (14) working days from the day of receipt of the goods.
The costs of returning the goods shall be borne by the Customer.
To exercise his right of withdrawal, the Customer must inform the Vendor by email, by post or by calling the customer service department and return the items within the above-mentioned period, in their original packaging, complete and new (i.e. not having been used previously), accompanied by the return number granted by the Vendor's after-sales service department, the photocopy of the "return request" delivery note, all to the following address
SMART TOUCH (Customer Service)
Place A. Favresse 47, 1310 La Hulpe, Belgium
Otherwise, the Seller may take legal action against the Customer for non-compliance with the GTC and take the necessary legal measures.
In accordance with the legal provisions, following a request for return of goods, the Seller will proceed to reimburse the Customer within fourteen (14) days following notification of the request for return. If the Product has not been received within this period or if the product has not been reset (see article SAV "procedure for deletion of the icloud account"), the Seller reserves the right to postpone the refund until the day of receipt of the goods in a compliant condition.
The Seller will reimburse you by the same method of payment used on the day of the order.
Article 12 - Claims
The Customer must address any complaint to the Seller's Customer Service Department by post to the address of the Company's registered office mentioned above, by email to info@phone-outlet.shop or by telephone on +32 2 655 11 86.
Article 13 - Warranty
13.1. Contractual guarantee and after-sales service
13.1.1. General provisions
The terms of the Seller's contractual warranty are specified in the warranty certificate attached to Smart Touch products. This article is only a reminder of the provisions set out in the warranty certificate, which remains the only applicable provision.
The Smart Tocuh after-sales service provides the contractual warranty only for products intended for the European market.
13.1.2. Duration of the contractual warranty
The contractual warranty period for Smart Touch products is: 2 years for smartphones, 6 months for accessories and batteries supplied in the smartphone box. A 2-year warranty is offered for all other accessories in the Seller's range.
The equipment is guaranteed against any manufacturing defect from the date of purchase by the Customer from the Seller. If, during the warranty period, the product proves to be defective due to faulty material or workmanship, the Seller will repair it without charging for additional labour and parts. The Seller reserves the right, depending on the cost, to repair the product or replace it with an identical or equivalent model.
In accordance with the French Consumer Code, any period of immobilisation of the product in after-sales service of at least seven (7) days for a repair covered by the contractual warranty will be added to the duration of the warranty remaining on the date of the customer's request for intervention or of the availability for repair of the product in question, if this availability is subsequent to the request for intervention.
Even in the event of an extension of the deadlines, the Seller shall not be obliged to lend replacement goods, either before or during the repair.
13.1.3. Quotation and repair costs
The Client is informed that the preparation of a quotation is not free of charge. The cost of preparing the estimate varies according to the goods to be repaired. The Client will confirm his agreement to the cost of the estimate by returning the signed estimate by Email. The cost of preparing the quotation will be deducted from the final invoice if the Client accepts it. If not, they will be invoiced separately.
On the due date, the repair costs are payable in cash, net and without discount on the date of return of the repaired goods by the Customer to the after-sales service, unless otherwise indicated by the after-sales service.
In any event, the manufacturer's liability may in no case exceed the price paid for the product.
The Seller may modify its prices at any time and without notice. However, the rates applicable to the repair will be those in force on the day the Product is received by the Seller or, where applicable, those mentioned in the repair estimate.
Repairs to Products not covered by the contractual warranty period will be invoiced at the prices indicated in the current after-sales service tariff. The price is available at www.Smart Touch.be.
13.1.4. Implementation of the contractual guarantee
The steps, which are detailed in the General Terms and Conditions for After-Sales Service (GTCSAS), are as follows:
1. The Customer requests the warranty service on the Seller's online site at Phone-outlet.shop or by telephone at +32 (0)2 655.11.86.
2. Any request for intervention must specify, for each product, the details of the service requested, the malfunction observed and the contact details of its owner. Under no circumstances may the repair give rise to an extension of the guarantees previously granted, in particular those given at the time of sale.
3. Products under guarantee must be returned in appropriate and clean packaging. In the case of Apple smartphones, the iCloud account must be deactivated before returning the product.
4. Products not covered by the warranty, such as damage resulting from a lack of care or maintenance in accordance with the instructions and technical specifications, damage of external origin (breakage, oxidation), damage resulting from improper or inappropriate use of the products, damage resulting from the intervention of a repairer not approved by the Seller or by the manufacturer in the case of new products or reconditioned by the Seller, will give rise to a diagnostic and return transport invoice of thirty (30) euros including tax.
Article 13 – Warranty
13.1. Contractual guarantee and after-sales service
13.1.1. General provisions
The terms of the Seller's contractual warranty are specified in the warranty certificate attached to Smart Touch products. This article is only a reminder of the provisions set out in the warranty certificate, which remains the only applicable provision.
The Smart Touch after-sales service provides the contractual warranty only for products intended for the European market.
13.1.2. Duration of the contractual warranty
The contractual warranty period for Smart Touch products is: 2 years for smartphones, 6 months for accessories and batteries supplied in the smartphone box. A 2-year warranty is offered for all other accessories in the Seller's range.
The equipment is guaranteed against any manufacturing defect from the date of purchase by the Customer from the Seller. If, during the warranty period, the product proves to be defective due to faulty material or workmanship, the Seller will repair it without charging for additional labour and parts. The Seller reserves the right, depending on the cost, to repair the product or replace it with an identical or equivalent model.
In accordance with the French Consumer Code, any period of immobilisation of the product in after-sales service of at least seven (7) days for a repair covered by the contractual warranty will be added to the duration of the warranty remaining on the date of the customer's request for intervention or of the availability for repair of the product in question, if this availability is subsequent to the request for intervention.
Even in the event of an extension of the deadlines, the Seller shall not be obliged to lend replacement goods, either before or during the repair.
13.1.3. Quotation and repair costs
The Client is informed that the preparation of a quotation is not free of charge. The cost of preparing the estimate varies according to the goods to be repaired. The Client will confirm his agreement to the cost of the estimate by returning the signed estimate by Email. The cost of preparing the quotation will be deducted from the final invoice if the Client accepts it. If not, they will be invoiced separately.
On the due date, the repair costs are payable in cash, net and without discount on the date of return of the repaired goods by the Customer to the after-sales service, unless otherwise indicated by the after-sales service.
In any event, the manufacturer's liability may in no case exceed the price paid for the product.
The Seller may modify its prices at any time and without notice. However, the rates applicable to the repair will be those in force on the day the Product is received by the Seller or, where applicable, those mentioned in the repair estimate.
Repairs to Products not covered by the contractual warranty period will be invoiced at the prices indicated in the current after-sales service tariff.
13.1.4. Implementation of the contractual guarantee
The steps, which are detailed in the General Terms and Conditions for After-Sales Service (GTCSAS), are as follows:
1. The Customer requests the warranty service on the Seller's online site at phone-outlet.shop or by telephone at +32 (0)2 655.11.86.
2. Any request for intervention must specify, for each product, the details of the service requested, the malfunction observed and the contact details of its owner. Under no circumstances may the repair give rise to an extension of the guarantees previously granted, in particular those given at the time of sale.
3. Products under guarantee must be returned in appropriate and clean packaging. In the case of Apple smartphones, the iCloud account must be deactivated before returning the product.
4. Products not covered by the warranty, such as damage resulting from a lack of care or maintenance in accordance with the instructions and technical specifications, damage of external origin (breakage, oxidation), damage resulting from improper or inappropriate use of the products, damage resulting from the intervention of a repairer not approved by the Seller or by the manufacturer in the case of new products or reconditioned by the Seller, will give rise to a diagnostic and return transport invoice of thirty (30) euros including tax.
13.2 Exclusion of contractual warranty
The Seller's contractual warranty does not cover :
maintenance and necessary repairs, or replacement of parts, due to normal wear and tear;
a malfunction after the appliance has been opened by a person not expressly authorised by the Seller;
replacement of the product during the repair period;
modifications intended to improve the product beyond its normal use as described in the user manuals, without the prior written consent of the Seller;
transport costs and all risks incurred during transport, directly or indirectly related to the product warranty;
loss or damage to the software. The Customer alone is responsible for the backup of all programs, data or removable storage media ;
periodic maintenance and repairs or replacements of parts due to normal wear and tear;
minor defects in LCD screens provided that the number of defective pixels does not exceed three (3) pixels and provided that there is no more than one (1) defective pixel in the central area of the slice when the screen is divided into nine (9) equal rectangular slices ;
infection by computer viruses or use of the product with software that is not supplied, incorrectly installed or fraudulent;
any damage resulting from modifications or adjustments which may have been made to the product, without the prior written consent of the Seller, to conform to local or national technical standards in force in any country other than those for which the product was originally designed and/or manufactured.
any damage caused by improper use of the product or failure to comply with the instructions for proper use and maintenance of the product, as well as installation or use of the product that does not comply with the safety standards in force in the country where it is used ;
any damage caused by an accident or impact, without the following list being exhaustive: lightning, water damage, fire, misuse or negligence in the use of the product ;
any modification, scribbling, illegibility or deletion of the model number or serial number on the product;
any defect in any system into which the product is incorporated or with which it is used;
any damage caused by improper transportation or packaging when returning the system to the distributor or Seller;
any aesthetic damage, including scratches, impact marks or defects in the protective plastics of the connection holes, cracks or scratches on the LCD screen.
13.3 Legal warranties
13.3.1. The legal guarantee of conformity
The legal guarantee of conformity is owed by the seller from whom the Customer purchased the Product. The legal guarantee of conformity is therefore the sole legal and financial responsibility of the Seller. The Seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when the latter was invoiced to him by the contract or was carried out under his responsibility.
In order to be in conformity with the contract, the goods must :
1. Be specific to the use usually expected of a similar good and, where applicable :
2. correspond to the description given by the Seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
1. possess the qualities that a buyer may legitimately expect in the light of public statements made by the Seller, the producer or his representative, particularly in advertising or labelling ;
1. Present the characteristics defined by mutual agreement between the Parties or be specific to any particular use sought by the buyer, made known to and accepted by the Seller. The action resulting from the lack of conformity is time-barred two (2) years after the date of delivery of the goods.
During the six months following delivery of the goods, the customer is exempt from providing proof of the existence of the lack of conformity. This period is extended to twenty-four (24) months from 18 March 2016, except for used goods where the period is six (6) months which may be extended to one (1) year at the Seller's express request.
The legal guarantee of conformity applies independently of the commercial guarantee which may cover the goods.
Article 13 - Warranty
13.3.2. The legal guarantee against hidden defects
The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
The action resulting from fundamental defects must be brought by the buyer within two (2) years from the discovery of the defect.
In the event of a latent defect, the Customer may choose between cancellation of the sale or reduction of the sale price, replacement or repair of the product.
13.4. Warranty after repair
The warranty applicable to repairs carried out by the Seller does not extend the warranty period of the product, initially determined. The warranty applicable to repairs carried out by the Seller is for a period of 3 months from the date of return or provision of the equipment to the Seller and applies exclusively to the function(s) covered by the previous intervention, to the exclusion of any other. The shipping, packaging and insurance costs related to the shipment shall be borne by the Customer.
Article 14 - Return policy
In case of return of a Product following a non-conformity or an apparent defect, this return must be subject to the express authorisation (in writing) of the Seller. If the apparent defect or non-conformity is acknowledged by the Seller, the Seller shall deliver a new Product to the Customer or, if the Product is unavailable, shall refund the Customer's Order in full (including shipping costs).
No unjustified return or take-back of Products may be demanded by the Customer.
In the event of a return, the Products must be returned to the Seller by the Customer, without having undergone any modification and within 7 days of receipt by e-mail of the return form.
Article 15 - Liability
The products on offer comply with current Belgian and European legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country where the Product is used. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Products.
It is reminded that the photos visible on the site are presented for illustration purposes only and have no contractual value. The Seller encourages the Customer to refer to the description of each Product to find out its precise characteristics. In case of doubt, he is invited to contact the Seller.
The Seller's liability is strictly limited to the replacement or reimbursement of non-compliant Products, at the invoiced price, to the exclusion of any damage.
Article 16 - Transfer of ownership and transfer of risks
16.1 Retention of title clause
The Seller retains ownership of all products delivered or to be delivered until full payment of the purchase price of the products sold.
16.2. Transfer of risk clause
The products are sold from the Seller's facilities. The transfer of the risks of loss and deterioration of the Products takes place when they are entrusted to the forwarding agents and carriers in charge of the shipments.
Article 17 - Confidentiality of data
Personal data concerning the Customer is processed electronically. They are necessary for processing the Customer's Order, as well as for the follow-up and management of its requests within the framework of its contractual relations with the Seller.
This data is stored by the Seller and is not transmitted to third parties. However, they may be communicated to the companies and establishments of its group, to its suppliers, or even to third parties or subcontractors for the sole purpose of processing the Customer's Order and after-sales service.
The Customer has the right to access, withdraw and rectify data concerning him/her at any time. The Customer must send a written request to the following address:
SMART TOUCH (Customer Service)
Place A. Favresse 47,
1310 La Hulpe, Belgium
Article 18 - Force majeure
The obligations contained in these GCSASV are not applicable or are suspended by operation of law and without compensation if their execution has become impossible due to a case of force majeure or a fortuitous event as defined by jurisprudence or for any other reason attributable to the buyer, the beneficiary or the partner.
Each party must inform its co-contracting party by all means and as soon as possible in the event of force majeure preventing it from fulfilling all or part of its contractual obligations.
The Contracting Parties shall make every effort to prevent or reduce the effects of a breach of contract caused by force majeure.
Article 19 - Clause deemed unwritten
If one of the provisions of the GCS is or becomes invalid, impossible to execute or is declared wholly or partially invalid by the court, the other provisions will continue to apply between the parties and will have full effect.
With regard to the clause deemed to be unwritten, the Parties shall endeavour to replace it with a valid provision whose meaning shall be as close as possible to the invalidated clause, in the best preservation of the general scheme of the contract.
Article 20 - Applicable law and competent jurisdiction
The Order and the General Terms and Conditions are subject to Belgian law in accordance with European provisions. For any dispute that may arise in connection with the interpretation or execution of this contract, only the Belgian courts are competent.