Terms & Conditions
Rue de l’abatoir 53-59
+32 56 58 52 40
RPR Henegouwen, divisie Doornik
Article 1: General provisions
The e-commerce website of ELAS SA, a Limited Company with its registered office at Rue de l’abatoir 53-59 B-7700 Mouscron, VAT BE 0436.952.732, RPR Henegouwen, divisie Doornik (hereinafter “ELAS SA/NV”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of [...], Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by ELAS SA/NV.
Article 2: Price
All prices listed are expressed in EURO, always exclude VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for ELAS SA/NV. With respect to the accuracy and completeness of the provided information, ELAS SA/NV is solely bound to obligation of means. ELAS SA/NV is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by ELAS SA/NV. ELAS SA/NV cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
After adding the selected products to your shopping cart an order can be made. A customer account is necessary to proceed with the order. You can register or login after adding the products to your shopping cart. After logging in you can provide other required data for the order as well as select your payment preferences. Once the order has been confirmed, it is sent to our sales department for further processing.
The Customer may choose between the following payment methods
- · by credit card
- · by debit card
- · by invoice
ELAS SA/NV is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Articles ordered via this webshop will be delivered in all countries belong to the European Union.
Delivery occurs by DHL Express courier service or Mainfreight depending on the size, weight and content of the order. Delivery price will be calculated depending on these factors and the country of destination.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to ELAS SA/NV.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by ELAS SA/NV.
Article 6: Retention of title
Delivered articles remain the exclusive property of ELAS SA/NV until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to ELAS SA/NV, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Customer service
ELAS SA/NV customer service can be reached at phone number +32 56 58 52 40 via e-mail at email@example.com or by mail at the following address Hogeschuurstraat 2, 8850 Ardooie, Belgium. Any complaints can be made through the aforementioned customer services contact methods.
Article 8: Penalties for non-payment
Without prejudice to the exercise of any other rights that ELAS SA/NV is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, ELAS SA/NV is entitled to take back the unpaid or incompletely paid for articles.
Article 9: Privacy
The responsible party for processing information, ELAS SA/NV respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the purpose for which the data was entered, e.g. the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to ELAS SA/NV, Rue de l’abatoir 53-59 B-7700 Mouscron firstname.lastname@example.org. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at ELAS SA/NV, Rue de l’abattoir 53-59, 7700 Mouscron, email@example.com
We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses within the HACO Group.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus ELAS SA/NV has no access to your password.
ELAS SA/NV saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 11: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by ELAS SA/NV to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 12: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of ELAS SA/NV. In case of inconsistencies, the present Terms take precedence.
Article 13: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 14: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Kortrijk district have jurisdiction in the case of any disputes.
Article 15: Sales Conditions
The customer is deemed to know and to have accepted the conditions stipulated in our Sales Conditions by the mere fact of calling upon the services of Elas SA/NV and/or the receipt of the invoice.
These Sales Conditions can be found here [link to terms and conditions of sale].