Terms of Sales
Article 1. APPLICATION
1.1 Application:
These general conditions apply to all orders placed with our company. They prevail over all other general conditions. Together with the stipulations of the order and any special conditions, they form the sales agreement. By signing the agreement or the order form and confirming the order, the co-contractor expressly acknowledges having read these general conditions and having accepted them. These general conditions apply to all contracts concluded, even verbally, within the framework of business relations after a first order.
1.2 Exemptions:
Only exemptions subject to written agreement on our part can modify the application of these general conditions of sale.
1.3 Exclusion:
Unless expressly agreed in writing on our part, the general conditions of purchase and sale included in all writings emanating from our customers are not binding on us. The contract is always deemed to have been entered into under our own conditions, the acceptance of an order not entailing our adherence to the purchasing conditions of our co-contractor. The co-contractor therefore expressly declares to irrevocably waive the benefit of its own conditions in the context of relations established between parties, including in future relations, unless expressly agreed otherwise in writing.
Article 2. OFFER FROM PULSE TOYS CO.
2.1. Availability of products and prices:
Our product offers are valid as long as they are visible on the site, while stocks last from our suppliers. In the event of unavailability of one or more products, the purchaser will be informed by our services. The prices mentioned on the site are subject to updating without notice, which is why PULSE TOYS CO. reserves the right to modify the prices of its products in the event of an increase in the cost of raw materials or components necessary for their manufacture. All prices mentioned on our website are inclusive of VAT (all taxes included).
IMPORTANT TO KNOW: PULSE TOYS CO. undertakes to respect the sales price displayed during a purchase up to a variation of 5%. If the price, even after the customer's purchase, increases by more than 5%, PULSE TOYS CO. agrees to :
- Either find another item in the price range paid with the customer's agreement;
- Either reimburse the customer in full.
For items out of stock, in limited editions, whose price has changed on reseller platforms, PULSE TOYS CO. reserves the right to either: request a supplement from the buyer, or cancel the sale.
Some items may have a fairly long delivery time. The buyer undertakes, when purchasing, to respect the deadline announced by PULSE TOYS CO. whether before or after the sale. The buyer will have 3 days after placing the order to cancel the order. Once it has been sent to the supplier, it will no longer be possible to cancel or modify it.
2.2. Product identification
The photographs, texts, graphics, technical sheets are non-contractual. The description of the products which is visible on our website is established for informational purposes and is not contractually binding. It cannot in any way imply the responsibility of PULSE TOYS CO. and cannot be used as tangible evidence in the event of a dispute.
2.3. Modification and/or cancellation of the order
Changes made by the customer to his order form or to our offer will only be valid if we have accepted and confirmed them in writing. Any modification to the initial order from the buyer may result in a modification of the deadline and additional invoicing.
In the event of cancellation of the order, the customer is liable for fixed compensation equivalent to 30% of the overall price and automatically with regard to PULSE TOYS CO. This compensation is intended to cover the administrative costs incurred by our company for the establishment of offers, correspondence, inventory management, as well as our shortfall. If the cancellation of the order occurs after we have ordered the raw materials, we reserve, depending on the case, to continue the execution of the contract purely and simply with full payment of the price or to claim fixed compensation equal to 50%. of the order amount. This compensation is intended to cover, in addition to the costs stipulated above, possible penalties towards our suppliers or the forced acquisition of the raw materials which are the subject of the canceled agreement. No cancellations will be accepted once the manufacturing process has started or once we have acquired the finished products intended for the customer. In the latter case, the customer will be liable for the entire price of the order.
Article 3. PRICES AND PAYMENT TERMS
3.1. Payment method
In order to pay the balance of your order you have the possibility to make payment by: Stripe, credit card, bank transfer, Paypal, VISA card, iDeal
For all orders placed by CarteVISA, transaction fees will be applied in the event of a refund. These vary depending on the amount of the order.
3.2. Online payment
By validating the order form, you guarantee that you have the necessary authorizations to use the payment method you have chosen. We certify that credit card details are encrypted using the SSL (Secure Soket Layer) protocol and are never transmitted unencrypted over the network. We reserve the right to refuse payments deemed abusive or doubtful.
3.3. The total payment
Apart from the special offers that we offer you on the site, payment is due in full from the order date. The amounts collected cannot be considered as deposits or deposits.
3.4. Payment Terms
In the event of late payment, annual interest of 12% will be due automatically, and without prior notice. Payment of this interest does not entitle the buyer to defer payment of principal. In addition, a sum equivalent to 15% of the principal amount will be due as a fixed penalty clause, with a minimum of €150. In the event of reimbursement of your order paid via STRIPE or PAYPAL, you will not be charged any transaction fees. not returned, you will bear the reimbursement costs.
3.5. Property reserves
It is expressly agreed that ICEPROD JM SPRL reserves full ownership of the goods delivered until full payment of the principal price of the goods, interest and any incidental costs. In the absence of full payment of the price and upon simple formal notice, ICEPROD JM will be entitled to apply this retention of title clause and to recover the delivered equipment.
3.6. Price and price review
All prices are indicated in euros and are only valid on the date the purchaser sends the purchase order. These prices are inclusive of all taxes, the VAT is that in force on the date of dispatch, delivery or collection. The prices do not take into account any delivery costs which are indicated before validation of the order. At no time can the sums paid be considered as deposits or deposits. The seller price list does not constitute a sale and may be modified unilaterally without prior notice.
Article 4. Delivery conditions
4.1. Delivery rules
Shipments, even free of carriage, are made at the risk of the recipient who must, in the event of damage or missing items, exercise recourse with the last carrier by making detailed reservations on the slip, confirmed by registered letter in 8 days under penalty of foreclosure, the professional buyer being deemed, at the end of this period, to have accepted the delivered goods. In the case of delivery by express service, the carriage charge is canceled and the shipping costs are entirely the responsibility of the buyer. The buyer is required to check the condition of the package upon delivery and notify the seller of any damage or failure within 2 days to allow the seller to exercise recourse against the carrier.
For buyers who have not paid online, deliveries can only be made upon acceptance of payment. If during the delivery of a package to the address indicated by the buyer, he refuses the package without valid proof or requests subsequent delivery directly to the carrier, the costs inherent to this new shipment are his responsibility without notice. . If in the same case, the buyer asks the carrier or asks PULSE TOYS CO directly. to keep the goods for personal reasons the storage costs will be automatically charged to him.
4.2. Transportation
The products are delivered to the address indicated by the buyer on their online order. For international deliveries and other countries not mentioned on our site, the buyer must contact PULSE TOYS CO. to find out the shipping costs. These will be established after a quote from the carrier and communicated to the buyer for acceptance.
4.3. Delivery time – late delivery
Delivery times vary depending on stock available from our supplier.
These deadlines are only indicative and PULSE TOYS CO. cannot be held responsible for the consequences due to a delay in delivery.
In the event of a delivery delay of 5 to 10 working days following the scheduled shipping date, we invite you to notify us of this delay by email. We will question the carrier to obtain the location of the package. As soon as we receive this information, we will do everything we can to ensure that you receive it as quickly as possible. In the event of a loss due to the carrier, the goods will be returned to you as soon as possible.
When the package is in transit, no order cancellations and refund requests will be accepted. PULSE TOYS CO. undertakes to keep you informed of the progress of your order if you wish but cannot be held responsible for an extended delay inherent to the carrier itself when the package is in its charge. In this case, if you refuse the package following a carrier failure, PULSE TOYS CO. cannot be held responsible and no compensation can be requested.
Fires, floods, strikes, major restrictions and all other major causes automatically suspend delivery times and penalties. Any modification made during the execution of orders will automatically result in an extension of the delivery time. In all cases, delivery can only take place if the buyer is up to date with his obligations towards the seller whatever the cause.
4.4. Receipt of goods
4.4.1. For all buyers
The buyer must, upon delivery, check the condition of the package and its conformity with the order. A delivery and compliance slip will be presented by the delivery person.
In the event of non-conformity or defect/defect in the delivered goods, you must make a complaint by registered letter to the carrier within 8 days.
Reservations expressed upon delivery must be precise and complete. Upon signature of the delivery note, the goods will be deemed to be compliant and in good condition.
Article 5. PRODUCT WARRANTIES
5.1. Guarantees concerning all customers
In addition to the usual legal guarantees, the goods benefit from a manufacturer's guarantee.
PULSE TOYS CO. disclaims all warranty liability in the event that no invoice proves that the item was supplied by PULSE TOYS CO. The invoice for your purchase must be kept for the duration of the manufacturer's warranty. You will be asked for it at each warranty intervention. Any other liability for direct or indirect damage is excluded. The warranty takes effect on the date of purchase (purchase invoice as proof).
The one-year warranty is limited to the replacement of specific parts recognized as defective. The labor relating to the replacement of these parts and the transport thereof are the responsibility of the buyer. Any other liability for direct or indirect damage is excluded. The warranty takes effect on the date of purchase (purchase invoice as proof). PULSE TOYS CO. is bound by the deadlines of its suppliers for spare parts.
Only the part recognized as defective will need to be replaced. Even in the event of a recognized defect or hidden defect, only the device concerned may be exchanged free of charge after agreement with our technical services and may not under any circumstances result in reimbursement, compensation or damages of any kind.
On enamel appliances, cracks are never considered a manufacturing defect and are not covered by the warranty.
To benefit from the product warranty, it is recommended that you keep the purchase invoice.
The company PULSE TOYS CO. is solely responsible for the warranty of the products it sells to its customers. It is in no way responsible and will not provide any guarantee for losses of any origin whatsoever caused by defective equipment.
Article 6. Withdrawal
6.1. Right of withdrawal applicable to professionals:
The right of withdrawal provided for consumers does not apply to professionals who have a valid VAT number registered in the country of origin.
6.2. Right of withdrawal applicable to individuals:
No return or recovery of merchandise can be made without the prior agreement of the company PULSE TOYS CO.
For individuals not subject to VAT, in the event that PULSE TOYS CO. confirms the return and collection of the goods, the return costs to the supplier's address, which will be mentioned to you by email when you request a return, will be the responsibility of the buyer. Reshipment amounts vary depending on the volume of the item and can be between 5 and 1000 euros.
Reimbursement of the order will only be in the form of a voucher valid on the website on which you placed your order.
No returns are possible without the original packaging in perfect condition.
Indeed, in accordance with the legislation relating to the right of withdrawal: You have the right to examine and try the goods received, in the same way as you would in store.
Testing a device whose use would inevitably leave traces voids any right to withdrawal.
You are held responsible for any loss of value of the goods due to handling going beyond what is necessary to ascertain their characteristics and proper functioning.
Article 7. Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten business days of becoming aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 8. Jurisdiction
Any dispute relating to a contract, its interpretation and execution will be subject to Belgian law.