Terms of Sales
Application fields
These conditions apply to any sale by THE ROAD, a limited liability company established Route d'Ohain 2, 1380 Lasne (VAT number: BE0 749 532 559).Any sale to a customer (hereinafter the “Customer”) is concerned, whether or not the Customer is a consumer within the meaning of Article I.1. 2° of the Code of Economic Law (in cases where a stipulation below only concerns the customer who is also a consumer, “Customer” is replaced by “Consumer”).
All operations are concerned:
- the physical sale of products in the store located at 1380 Lasne, route d’Ohain, 2 (hereinafter the “Store”), whether they are immediately deliverable or ordered with a deposit and delivery time;
- the electronic sale of products on the theroad.cc site (hereinafter the “Site”), whether on the terminal located in the Store or when using the Site outside the Store.
- These conditions also apply to the sale of a repair or maintenance service.
Offer & Order
When THE ROAD makes a sale offer, it is only valid while stocks last. This applies to any product presented on the Site.
Ordering in the Store requires payment by the Customer of a deposit of 30% of the sales price including VAT.
The purchase on the Site (in or outside the Store) is only binding on THE ROAD after receipt in its account of 100% of the sales price including VAT.
The stock status mentioned on the theroad.cc website is for information purposes only. Even if the update is done in real time, it is possible that two customers order the same latest product in a series almost at the same time.
In the event that the product can be reissued, THE ROAD offers a new delivery time (depending on the supplier) to the anticipated customer.
In the event that the product cannot be reissued, or if the customer does not accept the new deadline, THE ROAD replaces it in the form of a purchase voucher or cancels the order and reimburses the customer as soon as possible.
Errors in the information and prices indicated
THE ROAD makes every effort to ensure that the information and prices indicated in the Store or on the Site are correct.
Despite all its care, THE ROAD cannot rule out an error. When the latter is evident, the Customer cannot, in good faith, rely on it and THE ROAD cannot be forced to sell under these conditions.
Repair estimate
Depending on the case, establishing a repair estimate may be chargeable. The quote is always provided for information purposes only.
However, if, during the repair, unforeseen repairs and supplies of parts increase the amount of the first estimate by more than 10%, these repairs and supplies are subject to an additional estimate.
If the quote is accepted, any fees paid by the Customer serve as a deposit. They are deducted from the final amount of the repair or maintenance.
Right to retract
In the event of a distance sale to a Consumer (a sale on the Site is a distance sale unless the operation takes place in the Store in the presence of a THE ROAD representative), the Consumer has a right of withdrawal in accordance with Articles VI. 47 to 53 of the Code of Economic Law.
Within 14 calendar days from the day after delivery of the product purchased remotely, the Consumer has the right to withdraw from his purchase without paying any compensation, provided that he notifies THE ROAD of his decision by sending either the form withdrawal available on the Site, or at the very least an unambiguous declaration clearly explaining the decision to withdraw from your purchase.
The form or declaration is sent by email to take@theroad.cc.
Return of the property
Without undue delay and at the latest within 14 days following communication of the withdrawal decision, the Consumer returns the product in its original condition and packaging to the Boutique's address.
The deadline is respected if the Consumer returns the goods before the expiration of the 14-day period.
Except for depreciation resulting from handling of the product other than that necessary to establish its nature, characteristics and proper functioning (for which the Consumer must then compensate THE ROAD), the Consumer only bears the costs of return.
Reimbursement of price and delivery costs
THE ROAD may defer reimbursement of the price and delivery costs to the consumer until recovery of the product or until the consumer has provided proof of its shipment (the date chosen being that of the first of these facts), without prejudice to its right to offset the reimbursement with the compensation covering any compensable depreciation.
Time limit
When a delivery or repair time is given, it is always indicative. Where possible, THE ROAD immediately informs the Customer of any circumstances causing a delay.
When the Customer does not take delivery of an ordered product, THE ROAD has the right, 10 calendar days after sending written notice (email or SMS) to take delivery, to note that the Customer no longer wishes buy.
In this case, THE ROAD has the right to be compensated up to 20% of the price of the product including VAT.
The deposit is used for this repair; if its amount is greater, the balance is reimbursed to the account number provided by the Customer.
When the Customer does not come to collect a product sent for repair, THE ROAD keeps it for 3 months in its workshops.
After this period, THE ROAD has the right to sell it and keep the price, or to take full ownership of it, in compliance with the legal conditions.
Price & Payment
For any sale in Boutique, the price (or its balance if there has been an order with deposit and delivery time) is, unless otherwise agreed, payable in cash on delivery.
Any repair is also, unless otherwise agreed, payable in cash.
In the event of a late payment, non-compliance automatically entails an increase in late payment interest of 8% per year and a penalty clause equivalent to 10% of the unpaid amount – with a minimum of €100.
Customer Guarantees
Sale
Apparent defect
For receipt in the Store, the Customer must notify it instantly.
For delivery to the address given by the Customer, he must notify his complaint by registered mail within 5 working days following delivery.
Lack of conformity
THE ROAD responds to the Consumer for any lack of conformity which appears within a period of 2 years (1 year in the event of second-hand sale) from receipt or delivery of the product (articles 1649bis to 1649octies of the Code civil).
Hidden defect
The Customer benefits from the legal guarantee against hidden defect if it existed at the time of receipt or delivery and if the hidden defect renders the product unfit for the use for which it is intended or significantly reduces its use ( articles 1641 to 1649 of the Civil Code).
The lack of conformity or hidden defect must be notified by registered letter within 2 months from the moment the Customer notices it.
Repair
THE ROAD guarantees repairs for 12 months following the date on which the product was made available to the Customer.
The warranty covers the supply of parts and the labor necessary for their installation.
The warranty does not cover indirect damage (unavailability of the product for repair).
Conditions of Customer guarantees
The Customer must establish in writing the admissibility and basis of his rights to guarantees, except when writing is impossible.
The same applies to proof of any suspension of time limits to which these rights may be subject.
The Customer loses his right to the above guarantees in the following cases:
- the manufacturer's recommendations have not been respected;
- the defect originates in a modification of the product or in a repair that the Customer attempted himself;
- the damage is due to normal wear and tear, participation in a sporting competition, an accident or a case of force majeure.
THE ROAD guarantees
THE ROAD benefits from the following guarantees:
Reservation of title. THE ROAD remains the owner of the product which has not been paid in full (hypothesis of a payment delay). However, the risk is already transferred to the Customer at the time of receipt or delivery.
Right of retention. THE ROAD has the right to withhold any product that comes into its possession and belongs to a Customer who owes it money, for whatever reason.
Indivisibility. THE ROAD may take advantage of any breach by the Client to suspend or resolve the execution of any obligation, whatever the cause.
Intellectual property rights.
THE ROAD name and logo are protected by national and international laws.
The content of the Site is protected by copyright, trademarks and other associated intellectual rights.
None of these rights are transferred to the user of the Site.
The information mentioned on the Site cannot be made public, reproduced or adapted without the prior written consent of THE ROAD.
Personal data
THE ROAD guarantees strict compliance with the General Regulations on the Protection of Personal Data (hereinafter “GDPR”).
THE ROAD preserves the confidentiality of the Consumer's data and only uses it as strictly necessary for the execution of its sales and warranty obligations.
The conditions for protecting privacy and the use of cookies on the site are further explained in the “PROTECTION OF PRIVACY” document available on the Site.
Dispute
The rights and obligations resulting from any sale of THE ROAD are exclusively subject to Belgian law.
Any possible dispute must be the subject of an attempt at amicable settlement, which can be initiated via the “Online Dispute Resolution” platform organized by the European Commission and accessible at its address http://ec.europa.eu/ odr.
THE ROAD’s contact email address when submitting the complaint will be case@theroad.cc .
This address, necessary to complete the dispute form, should not be used to contact THE ROAD.
In the absence of agreement, the dispute falls under the exclusive jurisdiction of the courts of Nivelles.
In the case of sale to a Consumer, the following judges are competent, at the choice of the plaintiff: the judge of the domicile of the defendant or one of the defendants, or the judge of the place in which the obligations in dispute or one of they were born or in which they are, have been or must be executed, or the judge of the domicile of the buyer.
Version August 27, 2020