Formation of the contract
The present general conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties on the occasion of sales carried out by our services, and apply to all our deliveries and services (hereinafter "products") ordered in writing or verbally by the customer, the "Consumer" in the sense of Book I of the Code of Economic Law.
By signing the agreement or the order form or by accepting the order confirmation, the customer expressly acknowledges that he has taken note of these general terms and conditions and has accepted them to the exclusion of all other conditions. The provisions which are not expressly derogated from remain applicable. The application of these general terms and conditions may only be modified by written agreement on our part and subject to a price adjustment.
Validity of offers
Our price offers are valid for 15 days, subject to availability.
All prices are quoted in Euros, including VAT. Unless otherwise agreed, they do not include transport costs, which will be invoiced separately. Our prices are in principle not revisable, but we can however pass on on these the modifications of the rate of the VAT which would intervene before the date of delivery.
All orders placed with us are only binding on us after we have confirmed them in writing. Changes made by the customer to his order form or to our offer will only be valid if we expressly accept them in writing. Apart from the legal right of withdrawal, in the event of unilateral cancellation by the contracting party of an order previously accepted by MIDDLE CORNER, we reserve the right to demand compensation equal to 30% of the total amount of the order. MIDDLE CORNER undertakes to compensate the consumer in the event that it is unable to execute the order in accordance with the agreed terms.
Unless otherwise agreed, the deadlines set for our services and/or deliveries are only indicative.
Delivery, transport, acceptance, return
Unless expressly agreed otherwise, the products shall be collected by the purchaser from the MIDDLE CORNER company's head office and/or any other place designated by it.
Any anomaly or apparent damage must be mentioned on the transport document.
MIDDLE CORNER reserves the right to consider or not to consider any written request for the amendment or cancellation of an order, or for the return of products. MIDDLE CORNER reserves the right, at its own discretion, to take back the products in return for a refund of the price, less a flat-rate contractual fee of 30% of the purchase price, dismantling and transport costs.
If the Customer fails or refuses to accept the goods ordered, we reserve the right to demand performance of the contract or, after prior notice of default, to regard the contract as cancelled by operation of law. In the latter case, the Customer shall owe us, by operation of law and within eight days after notification of such termination, a fixed compensation of 30% of the sales price.
Payment of the price, cancellation of an order
Invoice prices are those in force at the time of delivery and are payable in advance or in cash, without discount, by bank transfer or by any other electronic means of payment (not by cheque) to the registered office of MIDDLE CORNER.
Unless expressly waived, a deposit shall be paid by the purchaser when the order is placed.
Any delay in payment of an invoice shall automatically and without prior notice of default lead to the application of conventional interest on arrears of 12% per annum from the date of the invoice, in addition to the payment of a fixed indemnity of 12% of the amount of the invoice, with a strict minimum of €125.
In the event of late payment, all invoices, including those which are not yet due, shall become payable, without notice of default, and MIDDLE CORNER shall be entitled to suspend all deliveries or services immediately until the arrears have been paid in full. Any dispute relating to an invoice must be sent to us by registered post within eight days of the invoice date at the latest.
The right of withdrawal - Distance selling
In accordance with Article VI.47 of the Code of Economic Law, our customers have a period of 14 days to withdraw from a distance selling contract, without having to give reasons and without incurring any costs other than those provided for in Article VI.50, § 2, and Article VI.51. The customer may withdraw from the contract within 14 calendar days of the day following the delivery of the goods and the conclusion of the service contract, provided that he notifies us in an unambiguous statement.
The withdrawal period expires after a period of 14 days as from:
1° with regard to service contracts from the day of the conclusion of the contract;
2° in the case of sales contracts, from the day on which the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the goods or:
(a) in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the last good.
(b) in the case of delivery of goods consisting of multiple lots or pieces, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the last lot or piece
(c) in the case of contracts for the regular delivery of goods over a specified period of time, from the day the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the first good.
The burden of proof regarding the exercise of the right lies with the Customer, we invite you to contact us by mail, email, fax or other means of communication.
The Customer shall return the goods, complete, if possible in their original packaging, to MIDDLE CORNER, by any means, at his own risk and expense.
Any payments received, including delivery costs, will be refunded without undue delay in any event within 14 days of being informed of your decision to exercise this right by the same means of payment. We will not refund any additional costs if you have chosen a delivery method other than the cheaper standard delivery method offered by the company.
By law, MIDDLE CORNER reserves the right to withhold a refund until the goods have been recovered, or until you have provided proof of shipment of the goods.
No returns or exchanges will be accepted:
- Incomplete items (missing parts, instructions and/or accessories);
- Electric scooters and other soft mobility devices (except bicycles) that have been used in rainy weather;
The exercise of the right of withdrawal has the effect of extinguishing the obligation of the parties:
1° to perform the distance contract, or 2° to conclude the distance contract, in cases where the consumer has made an offer.
Warranty and responsibilities
In order to provide a quality after-sales service, we invite customers to inform us of any defects of conformity or irregularity as soon as possible, in any case no later than 2 months from the day the consumer has found the defect.
In accordance with the applicable legal provisions, Garage Passion offers a legal guarantee for a period of two years from delivery and one year for professionals. The warranty covers any defects in conformity but in no case the improper use of the product. This legal guarantee can only be implemented if the following conditions are met
- The defect renders, to a significant extent, the Product unfit for the use for which it is usually intended or unfit for a special use expressly mentioned in the particular conditions of sale. As the batteries are considered as consumables and have an estimated life span in "recharge cycles", a decrease in autonomy with time or according to circumstances (temperature, user's weight, ...) cannot be considered as a factor making the product unfit for the use for which it is usually intended. When used as a "good father", it is not abnormal to observe a decrease in autonomy of up to 20% over a year.the product has been assembled and placed in an appropriate manner.the product is used in normal conditions.
- In particular, the guarantee shall not apply if the instructions for care and use given on delivery are not followed, or if the product is modified, dismantled or repaired by a person who is not professionally qualified.
In such cases, MIDDLE CORNER shall give preference to free repair or replacement of the defective products. The purchaser must return the defective product to the company's registered office at Avenue Albert I, 277, 1332 Rixensart, Belgium, so that it can be repaired or replaced. We will bear the cost of returning the product to our premises and the cost of returning it in accordance with the legal requirements.
The Customer may, if the repair or replacement is disproportionate or impossible, request a refund or a reduction in price. The reduction of the price cannot be claimed if the customer is not able to return the goods in a proper condition, resulting from a "good father" use.
The buyer acting for non-professional purposes benefits from the legal rights under the law of September 1, 2004 on the protection of consumers in the event of the sale of consumer goods.
In accordance with Article 1649 quater §2 of the Civil Code, the consumer is obliged to inform the seller of the existence of a defect in conformity within two months of the day on which the consumer noticed the defect. Under no circumstances shall MIDDLE CORNER be liable for any other direct and/or indirect damage suffered by the Customer. The guarantee also excludes any damage resulting directly or indirectly from any fault or negligence, however slight, on the part of the buyer. Product liability is excluded if the damage is caused jointly by a defect in the product and the fault of the victim or a person for whom the victim is responsible. MIDDLE CORNER shall not be liable for any damage to property, personal injury or other damage caused by use, handling, transport or storage which does not comply with the applicable regulations and/or laws.
It is expressly agreed between the parties that MIDDLE CORNER shall not be liable for any direct or indirect damage resulting from the unsuitability of the installation site.
In the case of electric vehicles, the Buyer acknowledges that he has taken cognisance of the legislation in force and undertakes to comply with it, in particular :
- Motorized devices such as gyro-wheels, gyro-skates and electric scooters are considered as "moving devices" by the Belgian Highway Code as long as they cannot exceed a speed of 25 km/h on a level road. Motorized vehicles exceeding 25 km/h on a level road may not be used on roads or in places open to public traffic.
- Electric bicycles offering assistance beyond 25 km/h are considered as mopeds. Their use therefore requires at least a class A driving license, registration and specific insurance. Wearing a helmet is mandatory for this type of bike.
For scooters and electric vehicles, the information on speed, range and weight are purely indicative. These elements can indeed vary according to the mode of use, the conditions of use, the weight of the driver, the equipment and the options possibly embarked. The information given is information provided by the manufacturer and MIDDLE CORNER cannot be held responsible for it under any circumstances.
The batteries used in our scooters, gyro-wheels and gyroskates have a lifespan which, in accordance with current professional practice and standards, is expressed in terms of "recharge cycles", which vary according to the type of battery: lithium batteries, nickel batteries, lead batteries, etc.
Batteries are fragile components that are impacted by their use. The non-use of a battery causes a discharge. Prolonged discharge causes irreparable damage due to chemical reactions within the battery. Be sure to:
o Use the proper charger and adapter;
o Let your batteries cool down before charging them;
o Recharge your batteries regularly and never leave them completely discharged for more than three days
o Remove the charger from the battery once recharged;
o Store your bike or other mobility device and its battery away from extreme temperatures or heat sources;
All our products equipped with batteries cannot be cleaned with a water jet or a high pressure cleaner. Electric scooters and other soft mobility devices (excluding bicycles) are not designed for use in the rain. Garage Passion reserves the right to refuse the warranty in the event that the batteries and other electronic components show signs of use in the rain or that water is the cause of the defect claimed by the client.
It is therefore strictly forbidden to use the above-mentioned equipment in rainy weather. Wearing a helmet is highly recommended.
Ownership and transfer of risk
MIDDLE CORNER shall retain ownership of the goods sold until full payment of the price and its accessories (any costs, interest and penalties). Consequently, the customer is expressly prohibited from selling, transferring, pledging and, in general, disposing of the goods which are the subject of the contract, before the account has been settled. MIDDLE CORNER shall be entitled to invoke the present retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the buyer and remaining without effect. The goods must then be immediately returned to the seller on request. The buyer will remain solely responsible for the loss, even by fortuitous event or force majeure, of the goods sold.
The sale of the products does not imply any right to use, assign and/or transfer intellectual property rights used by and/or belonging to MIDDLE CORNER
All circumstances beyond the control of MIDDLE CORNER which have the effect of either delaying or making delivery very difficult, such as, in particular: war, fire, flooding, strikes, social unrest, accidents, insurrections, acts of authority, general lack of supply, energy restrictions, shortages, shall be considered as causes of exemption constituting force majeure. In these circumstances, MIDDLE CORNER shall not be obliged to establish the unforeseeability or irresistibility of the event or the impossibility of performing the contract. The occurrence of any of the circumstances referred to in the previous paragraph shall be notified to the buyer without delay. Such notification shall not constitute grounds for rescinding the contract or for a claim for damages on the part of the buyer.
MIDDLE CORNER reserves the right to withdraw from the agreement or to deliver goods in proportion to the purchase order to such an extent as it deems fair and practicable.
Jurisdiction and applicable law
The agreement shall be governed exclusively by Belgian law. Any dispute and/or difference concerning the existence, interpretation and/or execution resulting from this agreement shall be subject to the exclusive jurisdiction of the courts of the Judicial District of Brussels, Belgium.
The present general conditions of sale and guarantee prevail over all other conditions, in particular any conditions of the buyer, even if these were communicated by the buyer last. The waiver by the seller of a breach by the buyer of any provision of this agreement shall not automatically entail a waiver of any other breach, whether of the same contractual provision or not. In the event that a duly appointed arbitrator and/or court or tribunal declares any provision of this agreement to be illegal, void or unenforceable, the sole effect shall be to deem the disputed provision unwritten without affecting the entire agreement.
All notifications, except those provided for the exercise of the right of withdrawal, referred to in these terms and conditions must be sent, under penalty of inadmissibility, by registered mail to the Company's headquarters.
Registered office : - Place André Duchêne 4 - 1160 Auderghem, BELGIUM Operating office : MDDLE CORNER - ¨lace André Duchêne 4 - 1160 Auderghem, Belgium. Company number: BE0711 964 063 - Bank: KBC Brussels BE83 7360 5329 6615 Phone: +32 2 514 23 63 - email: firstname.lastname@example.org