Terms and Conditions
General sales terms and conditions
Business information
David Carette SRL
Rue Beckers 66 - B-1040 Brussels , Belgium
team@demainilferajour.com
VAT BE 085004152
RPR Brussels
Article 1: General provisions
The e-commerce website of "Demain, il fera jour"/ David Carette SRL , a SRL with its registered office at Rue Beckers 66 – B-1040 Brussels, VAT BE 0895 004 152, RPR Brussels (hereinafter ‘"Demain, il fera jour") 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 "Demain, il fera jour", 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 "Demain, il fera jour".
Article 2: Price
All prices listed are expressed in EURO, always include VAT and always exclude all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged are specified on the website of "Demain, il fera jour".
Prices are binding, but we maintain the right to review price agreements in case of extreme fluctuations due to circumstances beyond our control.
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
Even though 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 "Demain, il fera jour". With respect to the accuracy and completeness of the provided information, "Demain, il fera jour" is solely bound to obligation of means. "Demain, il fera jour" 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The product selection is valid while stocks last and may at any time be changed or withdrawn by "Demain, il fera jour". "Demain, il fera jour » 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
Our order procedure:
After adding products to the shopping cart, the Customer can place an order in the webshop.
When all the desired products are added to the shopping cart, the Customer can place the order.
By clicking the shopping cart icon at the top , the Customer goes to the shopping cart where he will find a “Place Order” button.
The following screen requests the Customer to select a valid billing and shipping address.
By placing an order, the Customer agrees to the ‘General sales terms and conditions’ of "Demain, il fera jour"
The Customer sees a confirmation on the screen and receives a confirmation by email.
The order is sent to "Demain, il fera jour" electronically but before we can proceed to delivery.
Article 5
All deliveries and services of goods shall be received and accepted at our warehouses. The buyer will be presumed by law to have accepted and verified the conformity and visible defaults of the goods. Complaints regarding the nature, quality, appearance or packaging of the goods sent by the seller, must be reported within 5 calendar days after delivery. Any complaints concerning invoices are to be made in writing to "Demain, il fera jour » within 14 calendar days after the invoice date with specification of the date and invoice number. A cancellation of an order has always to be expressly by "Demain, il fera jour".
Article 6
All risks and costs regarding the transport are for the buyer’s account, even if executed franco and by our own services. Return of the goods may only take place following the written approval of "Demain, il fera jour » and always at the clients costs.
Article 7
Even if a set delivery deadline has been agreed in writing, delivery terms stated by "Demain, il fera jour" are merely approximate and not binding. The failure to meet the deadline cannot be regarded as a reason to terminate the contract, nor a reason to demand compensation.
"Demain, il fera jour" is entitled to suspend the performance of the agreement, in case of partial payment of earlier orders. In case of force majeure "Demain, il fera jour » is entitled to refuse the execution of the contract or part thereof and is entitled to suspend the performance of the agreement temporarily without any compensation.
The following are explicitly regarded as examples of force majeure (the list is not exhaustive): threat of war, war, strike, lock-out, disruptions of transport services, disruptions of the (data)network, measures announced by governments, the shortage of raw material, natural disasters, fire, also any other circumstance because of which performance of the agreement can no longer reasonably be required by the other party.
Upon the occurrence of any event of force majeure, "Demain, il fera jour" is entitled to charge separately the deliverable or the delivered part when it already executed its obligations or part thereof. The buyer is obliged to pay the invoice as if it was a separate contract.
Article 8: Customer service
"Demain, il fera jour" customer service can be reached via e-mail at team@demainilferajour.com i
Article 9
All payments are to be made in cash to our registered office, without any discount. All costs incurred are for the buyer’s account.
Any invoiced amount remaining outstanding on its due date will be increased by law and without prior notice of default by late-payment interest in accordance with the interest-rate prevailing under the Law of 02/08/2002 relating to combating payment arrears in commercial transactions.
Article 10
In case of complete or partial non-payment of the amount due on the expiry date, without serious reasons and after serving notice upon the buyer, the amount due shall be increased by 12% on the total invoice amount by law and without prior written notice of default, with a minimum of € 125 and a maximum of € 5000 even if terms of respite are given.
Article 11
In case of protest from non-payment of an invoice on its due date shall automatically and without prior formal notice all too suddenly expired invoices immediately due and payable.
Article 12
In case of non-payment of the invoice on the appointed due date, we will consider the sale to be resolved by law within 8 calendar days after the unsuccessful reminder sent by registered letter.
In all cases where the contract is resolved at the buyer’s expense, a lump sum of 20 % of the value of the complete contract with a minimum of € 50 shall be due by the buyer.
Until payment of the invoices, the products delivered shall remain the property of "Demain, il fera jour" All risks to which the goods are exposed shall pass to the buyer upon delivery. The buyer is obliged to mention this retention of title in his listings. At first request, in case the goods are resold or replaced, the buyer shall transfer to us the claim or part thereof for the remaining sums. If the buyer doesn’t carry out this request, we are authorized to suspend the performance of the agreement.
Article 13
In case of return of the purchase by the client, after control of the state of the product "Demain, il fera jour » will proceed with the reimbursement of the client on the same bank account as the one he first purchased the good. The shipping are not reimbursed and therefore deducted from the amount to be paid back to the client.
Article 14: Privacy
The data controller, "Demain, il fera jour", respects the Belgian law of 8 December 1992 and the European regulation of 25 May 2018 (EU Directive 95/46/EC) also known as GDPR with regard to the protection of private life in the processing of personal data.
The personal data provided by you will only be used for the following purposes: our customer management, order processing, sending newsletters and to keep you informed of our activities. If we wish to use your data for other purposes, you will always be asked to do so.
You have a statutory right to inspect, correct or remove data (where this is not required by law) from your personal data. This application must be sent to David Carette SRL – Rue Beckers 66 , B-1040 Brussels, Belgium. – team@demainilferajour.com
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
If you have any questions about this privacy statement, please contact us at team@demainilferajour.com
Article 15: Use of cookies
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.
This website uses “First-party cookies” (= 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) and “Third party cookies” (= 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).
If you use our website, you agree to the use of cookies.
Article 16: 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 "Demain, il fera jour" In case of inconsistencies, the present Terms take precedence.
Article 17: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 18
All disputes between the parties shall be decided by the competent court in the district of Brussels (Belgium), even in summary procedures.
The acceptance of a bill of exchange doesn’t change this competence.
All agreements between the parties shall be governed by the Belgian laws.
The French text of the General Conditions of Sale shall always override in case of dispute.