Definitions and Scope of Application
These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) govern all orders placed with Nomade, whose registered office is located at Rue Felix Delhaes 38, 4607 Dalhem, Belgium, and registered with the Banque Carrefour des Entreprises under number BE0719470477 (hereinafter the “Seller”).
These General Terms and Conditions constitute the contract between the Seller and the client. The Seller and the client are collectively referred to as “the Parties.”
- The Client refers to any natural or legal person placing an order with the Seller.
- The Consumer refers to a client who is a natural person acting for purposes unrelated to their commercial, industrial, craft, or liberal activity.
These General Terms and Conditions are the only applicable terms and shall prevail over any general or specific terms of the client unless expressly accepted in writing by the Seller.
They are freely accessible at any time on the Seller’s website: https://shop.nomade-studio.be. By placing an order, the client acknowledges having read these General Terms and Conditions and accepts all associated rights and obligations.
The Seller reserves the right to modify these General Terms and Conditions at any time, without prior notice. Any modifications will be published on the website and will apply to all subsequent orders.
Offer and Order
To place an order, the client selects the desired products on the Seller’s website, provides the required information, verifies the accuracy of the order, and then proceeds with the payment.
Once the payment is confirmed by the banking institution, the Seller sends the client a summary including:
- The order number,
- A list of the ordered products and their prices,
- An estimated processing time for the order.
The Seller reserves the right to suspend, cancel, or refuse any order in cases where the client has provided manifestly incorrect or incomplete information, or if there is an ongoing dispute regarding the payment of a previous order.
Prices
The prices of the products are indicated in euros, inclusive of all taxes.
Any increase in VAT (Value Added Tax) or any new tax imposed between the time of order and the time of delivery will automatically be borne by the client.
Shipping costs are not included in the indicated price but are calculated separately during the ordering process, based on the shipping method, delivery location, and the number of products ordered.
Delivery Times
Unless expressly agreed otherwise in writing by the Seller, the delivery times mentioned in the specific terms are not binding deadlines. The Seller can only be held liable for a significant delay if it is directly attributable to gross negligence on their part.
The client cannot invoke delivery delays to request contract termination, claim damages, or assert any other claims, unless otherwise expressly agreed in writing by the Seller.
If the delay exceeds thirty (30) business days, the client must send a formal notice via registered mail to the Seller, who will then be granted 50% of the prescribed time to complete the delivery of the ordered product(s).
Retention of Ownership
The Seller retains ownership of the ordered products until full payment has been received.
Ownership of the products is transferred to the client only after collection or delivery and after the complete settlement of the invoice. By derogation from Article 1583 of the Civil Code, the products sold, delivered, or installed remain the exclusive property of the Seller until full payment is made.
As long as the purchase price has not been fully paid, the client is prohibited from pledging, offering, or using the products as collateral in any way. The client is expressly forbidden from modifying the products, incorporating them into real estate, selling them, or disposing of them in any manner.
While the Seller retains ownership rights over the delivered goods under this article, the client is responsible for maintaining them in good condition. During this period, the client assumes full responsibility for any loss or damage to the products. If necessary, the client agrees to insure the products against all risks. The client also undertakes to store the products in a way that prevents confusion with other goods and ensures they can always be identified as the Seller’s property.
Right of Withdrawal
The Client may only return one or more custom-made items if a clear defect attributable to the Seller is identified. The Seller will have sole discretion in determining whether a return for a refund is allowed.
In accordance with Article VI.47 of the Code of Economic Law, consumers who place a remote order with the Seller have a period of 14 calendar days from the date of product delivery or the notification of product availability at the designated pick-up point to inform the Seller of their decision to withdraw from the purchase, without penalties and without having to provide any justification.
If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.
Consumers may notify their decision to withdraw from the purchase using the withdrawal form available on the Seller’s website, the form provided with the order confirmation, the official form available on the website of the Federal Public Service for Economy, SMEs, Self-Employed and Energy (economie.fgov.be), or through any other unambiguous written statement expressing their decision to withdraw from the contract.
Consumers must return the product(s) they wish to withdraw from in perfect condition and in their original packaging.
Only the direct return shipping costs will be borne by the consumer.
The Seller will refund the amount paid as soon as possible, and no later than 14 days after the returned products have been received.
Consumers cannot exercise their right of withdrawal if they fall under one of the exceptions listed in Article VI.53 of the Code of Economic Law, including but not limited to custom-made or clearly personalized goods.
Order Cancellation
A client who does not meet the conditions for exercising the right of withdrawal (as described in the previous article) and wishes to cancel an order must notify the Seller, who will provide the necessary instructions.
Any deposit paid by the client will be refunded.
Order Delivery
The delivery times provided by the Seller are for informational purposes only and do not constitute a binding obligation. A delay in delivery shall not entitle the client to any compensation, contract termination, suspension of obligations, or claim for damages.
The order is only delivered to the client after full payment has been received. Ownership and risk transfer occur once the order has been fully paid. Consequently, the client assumes full responsibility for any risks associated with delivery.
Availability
The products offered for sale by the Seller are available while stocks last.
If one or more products become unavailable after payment has been made, the Seller commits to informing the client as soon as possible and offering them the choice between:
- A refund,
- A modification of their order,
- A delayed delivery once the product(s) are back in stock.
Order Reception and Complaints
The client is responsible for checking the apparent condition and conformity of the delivered products—or those collected from the designated pick-up point—against the ordered products.
Any complaints must be submitted in writing within 14 days following delivery or notification of availability at the pick-up point.
If no complaint is made within this period, the client will be deemed to have definitively accepted the order.
If a complaint is found to be justified, the Seller may choose to either:
- Replace the defective product(s), or
- Refund the purchase price of the affected product(s).
Intellectual Property
All information, logos, designs, trademarks, models, slogans, graphic elements, and other materials available through the Seller’s website or catalog are protected by intellectual property laws.
Unless expressly agreed otherwise in writing, the client is not authorized to:
- Modify, reproduce, rent, borrow, sell, distribute, or create derivative works based on any elements from the Seller’s website or catalog.
Unless expressly stated, the agreed price does not include any transfer of intellectual and/or industrial property rights in any form.
Warranties
1. Legal Warranty for All Clients
In accordance with Articles 1641 to 1643 of the Civil Code, the Seller is obligated to guarantee products against hidden defects that:
- Render the product unfit for its intended use, or
- Significantly diminish its usability, to the extent that the client would not have purchased it or would have paid a lower price if they had known about the defect.
If a hidden defect is discovered, the client must act without undue delay, in accordance with Article 1648 of the Civil Code. The client may choose between:
- Returning the defective product for a full refund, or
- Keeping the product and receiving a partial refund.
The Seller is not responsible for apparent defects that the client could have noticed or should have noticed at the time of purchase. Furthermore, the Seller is only liable for hidden defects that they were aware of at the time of sale and failed to disclose to the client.
Only the invoice, receipt, or purchase voucher serve as valid warranty certificates between the client and the Seller. These documents must be kept by the client and presented in their original version.
2. Additional Legal Warranty for Consumers
In accordance with Article 1649quater of the Civil Code, consumers are entitled to a two-year legal warranty covering any conformity defects present at the time of delivery and appearing within two years from that date.
This warranty includes free repair or replacement of the defective product.
However, if repair or replacement is impossible, disproportionate for the Seller, or would cause significant inconvenience to the consumer, the Seller may instead offer a partial refund or price reduction. A full refund is only possible if the defective product is returned to the Seller.
If spare parts or specific accessories needed for repair are no longer available from the manufacturer, the Seller cannot be held liable for the loss of usability of the product.
The consumer must notify the Seller in writing of any non-conformity defect within a maximum of two months from the date they noticed the issue. Failure to do so will result in the loss of their right to claim.
Only the invoice, receipt, or purchase voucher serve as valid warranty certificates. These documents must be kept by the consumer and presented in their original version. The warranty period starts from the date mentioned on these documents.
This warranty does not apply if the defect results from:
- Incorrect use,
- External causes,
- Poor maintenance,
- Normal wear and tear,
- Failure to follow the manufacturer’s or Seller’s instructions.
In case of damage, theft, or loss of a product sent for repair, the Seller’s liability is strictly limited to the sale price of the product. The Seller cannot be held responsible for the loss or reproduction of data stored on or by any electronic devices sent for repair.
Liability
General Principles
The client acknowledges and agrees that all obligations of the Seller are obligations of means, meaning the Seller is only liable for fraud or gross negligence.
If the client proves the existence of gross negligence or fraudulent intent on the Seller’s part, the damages that the client may claim are strictly limited to direct material damage caused by the Seller’s proven fault. In any case, compensation cannot exceed 75% (excluding taxes) of the amount actually paid by the client for the order.
The client also acknowledges that the Seller is not responsible for any direct or indirect damages caused by the delivered products, including (but not limited to):
- Loss of revenue,
- Increased operating costs,
- Loss of clients, etc.
The Seller is not responsible for any errors in the data provided by the client or for orders placed on behalf of the client by a third party.
It is the client’s responsibility to verify any import restrictions or customs duties in their country before ordering. The Seller cannot be held responsible for any additional restrictions or charges imposed by the client’s country.
Materials
If the client requires the Seller to use a specific process or materials of a particular quality, origin, or type, despite the Seller’s written and justified objections, the Seller is exempt from all liability for defects resulting from this choice.
Internet and New Technologies
The client acknowledges the restrictions and risks associated with the use of the internet or any other means through which the website is currently or will be made available in the future. The client also recognizes the risks related to the storage and transmission of information via digital or electronic means.
The client agrees that the Seller cannot be held responsible for any damages caused by the use of the Seller’s website (including any applications) or the internet, due to the aforementioned risks.
Additionally, the client accepts that electronic communications exchanged and backups made by the Seller may serve as evidence if necessary.
Miscellaneous Provisions
Force Majeure or Unforeseeable Circumstances
The Seller cannot be held liable, either contractually or extra-contractually, for the non-performance, temporary or permanent, of its obligations when this non-performance results from a force majeure event or unforeseeable circumstance.
Events that will be considered as force majeure or unforeseeable circumstances include, but are not limited to:
- Loss or destruction (partial or total) of the Seller’s IT system or database, when such an event cannot reasonably be directly attributed to the Seller, and it has been demonstrated that the Seller took reasonable precautions to prevent such an occurrence.
- Earthquakes
- Fires
- Floods
- Epidemics
- Acts of war or terrorism
- Strikes (whether declared or not)
- Lockouts
- Blockades
- Insurrections and riots
- Interruption of energy supply (such as electricity)
- Failure of the internet network or data storage system
- Failure of telecommunications networks
- Loss of connectivity to the internet or telecommunications networks upon which the Seller depends
- A decision or action by a third party that affects the proper execution of this contract
- Any other cause beyond the Seller’s reasonable control
Unforeseen Circumstances (Imprévision)
If, due to circumstances beyond the Seller’s control, the performance of its obligations cannot continue or becomes more expensive or difficult, the Seller and the Client agree to negotiate in good faith to adapt the contractual terms within a reasonable timeframe to restore balance.
If no agreement is reached within a reasonable period, either party may terminate the contractual relationship without any compensation or indemnity of any kind.
Contract Termination
- In the event of the Client’s insolvency or unpaid debts, even from previous contracts between the Client and the Seller, the Seller has the right to suspend its obligations until the Client has fully repaid all outstanding amounts.
- If the Client fails to fulfill their obligations, the Seller may terminate the contract at the Client’s exclusive fault, without delay or indemnity, and may also seek compensation for damages through legal means.
Illegality Clause
If any article, paragraph, or provision (or part thereof) of these general terms and conditions is found to be illegal or void, it shall not affect the validity of the remaining provisions, unless there is an explicit intention to the contrary in the text.
Headings
The headings used in these general terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they describe.
No Waiver Clause
The failure, negligence, or delay of either party in exercising a right or remedy under these terms shall not be interpreted as a waiver of that right or remedy.
Applicable Law and Competent Jurisdictions
These general terms and conditions are governed by Belgian law.
In the event of a dispute regarding the validity, interpretation, execution, or termination of these terms, the parties agree to resort to mediation before initiating any legal proceedings.
- The parties shall jointly appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – www.cfm-fbc.be) or entrust a third party with the appointment.
- Once the mediator is appointed, the parties shall define, with their assistance, the mediation process and its duration.
- Each party may terminate the mediation at any time, without prejudice.
In case of mediation failure, only the courts of the judicial district of Liège shall have jurisdiction to resolve the dispute.
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