Respect for resellers & installers. No direct sales.

General terms and conditions of sale

PREAMBLE :
Our General Terms and Conditions are subject to change. The parties agree that the General Terms and Conditions in force are those posted on the website on the date of the order.

 

ARTICLE 1 : INFORMATION ABOUT THE PARTIES

 

Seller's trade and company name: ETABLISSEMENTS COLLIN-LUCY ("Collin Lucy" or "We")

VAT: 0411.920.396 / Registered office: rue de la Gare 49, 5555 Bièvre / Email address: commercial@collin-lucy.com / Website: https://www.collin-lucy.frr.be/ Tel: 0032 (0)61 51 11 10

The client undertakes to provide accurate, precise and up-to-date information, in particular as regards their contact details. Collin Lucy cannot be held liable for errors resulting from incorrect or incomplete information provided by the client.

 

 
 

ARTICLE 2 : OFFERS - ORDERS - FORMATION OF THE CONTRACT

 

Any order for a product implies the unconditional acceptance and full observance by the client of these general terms and conditions of sale. The latter prevail over any other document issued by the client, including general terms and conditions, and apply to all sales of products by Collin Lucy. A deviating agreement is valid only if concluded in writing between the parties and prior to the order.

These GTC define the respective obligations of the parties in the sale of products (including distance sales) by Collin Lucy. Collin Lucy is free to make amendments or additions to the GTC at any time, which shall be immediately applicable. The customer shall ensure that he or she is familiar with the latest version of the GTC, which is available on Collin Lucy's website: www.collin-lucy.fr or.be. By entering into a contract with Collin Lucy, the client acknowledges that he has read and understood the General Terms and Conditions of Business and undertakes to comply with them in full by confirming his order and/or payment.

Any order signed by the client is irrevocably binding. A written confirmation from Collin Lucy is indispensable for the acceptance of the order within sixty (60) days. The order message must accurately indicate the article ordered, the reference number, the quantity desired, as well as the client's name, first name, telephone number and e-mail or fax number. Collin Lucy cannot be held responsible for any error by the customer in the information provided, nor for any error or lack of order resulting from it.

The customer declares that he/she is of age and has the legal capacity to place an order with Collin Lucy and accept the T&Cs.

The customer is solely responsible for the quantity of products ordered and the content of the order.
If the customer withdraws the order, a cancellation fee of 30% of the order amount will be payable to us. The use of a credit institution does not appear as a condition of sale, but simply as a payment model.
We reserve the right to interrupt deliveries and/or work and/or cancel orders in progress without the client being able to claim compensation or the right to cancel in case of exceeding the credit line we have granted and/or if the client's accounting situation involves financial risks, and/or if the order form is incomplete, and/or if the information communicated is manifestly incorrect, and/or in case of non-payment of previous orders, and/or in case of orders for an abnormally high number of items, without Collin Lucy being liable. Collin Lucy may exercise this right on a case-by-case basis. Any request to amend an order regarding its volume and nature must be accepted by Collin Lucy in writing.

Collin Lucy cannot under any circumstances be held liable for a lack of available stock. Orders are accepted by Collin Lucy subject to availability or cancellation for any of the reasons mentioned in this article.

If an item is unavailable, the customer will be notified by Collin Lucy and the customer may cancel the order for the unavailable product.

By creating an account on our website and using your login information, you acknowledge that the security of your account is entirely your responsibility. You are responsible for maintaining the confidentiality of your login credentials, including your username and password. Any activity performed on our website under your account will be considered your responsibility.

In case of hacking, unauthorized or fraudulent use of your account, you agree to assume the responsibility for any orders or transactions made through this account and ensure their payment.

It is your duty to immediately inform us of any abusive or unauthorized use of your account so that we can take necessary measures to secure your information and prevent further potential damages.

These general terms and conditions of sale are subject to change. They are available on the Company's website www.collin-lucy.fr or .be.

 

 
 

ARTICLE 3 : CHARACTERISTICS OF THE EQUIPMENT

 

The customer is deemed to be aware of the characteristics and conditions of use of the equipment he orders. Our drawings, images and descriptions represent our equipment in broad outline, purely as an indication and without commitment on our part. We expressly reserve the right to modify the characteristics and non-essential elements of our equipment at any time and without prior notice for the purpose of improvement or modernisation.

 
 

ARTICLE 4 : PLANS AND PROJECTS

 

The projects, studies, estimates and plans we entrust to our customers remain our property. They are the result of our work and experience and are therefore not provided to clients free of charge, unless otherwise stipulated. They should be considered confidential and may not be copied, transferred or used by the client without our written consent. They must be returned to us upon request, subject to compensation.

 

 
 

ARTICLE 5 : DELIVERY TIMES

 

Delivery times are indicative only and without any guarantee on our part, unless otherwise agreed. They depend on the availability of transporters and the order of arrival of the order forms. Non-compliance with them shall not give rise to refusal, cancellation or compensation. They take effect on the date of our written confirmation of the order and receipt by us of all data necessary for performance. If the contract stipulates that an advance payment is to be made at the time of the order, the deadlines shall commence on the date of receipt of the advance payment, without prejudice to the preceding provisions. The term "in stock" means, subject to the above proviso, delivery within ten (10) working days of our written acceptance of the order or receipt of the advance payment. Notwithstanding any agreements to the contrary, delivery terms shall be suspended in the event of force majeure (war, civil disturbances, strikes, lockouts, pandemics, floods, transport shortages, etc.) for ourselves, our suppliers and our domestic and foreign subcontractors. Collin Lucy is relieved of its obligation to deliver the products in case of force majeure and the other cases mentioned above.

 
 

ARTICLE 6 : PRICES

 

Our prices are for unpackaged goods, material ex our warehouses. The prices quoted are those in force on the date of the order. If an increase in the prices of raw materials or an increase in wages and social security charges occurs between the order and the delivery, it is expressly agreed that the established prices may be adjusted. The prices communicated by Collin Lucy are in euros (€) and include any Belgian taxes and exclude indirect costs.

The customer is bound by the confirmation of the order.

The prices are based on the VAT rates applicable on the date of the offer and any subsequent modification of these rates will be reflected in the prices.

The client acknowledges and accepts that the advertised price may change during the course of the order if the third party supplier itself changes its prices. Collin Lucy shall not be bound by any quotation or additional charges imposed by a third party for out-of-stock products.

Any change to the order by the client may result in a revision of the price originally agreed between the parties.

Any discounts, promotions or price reductions granted by Collin Lucy to the customer are specific to each customer and each order. They are provisional in nature and do not bind Collin Lucy with respect to other orders, and Collin Lucy may modify them or waive their application at its sole discretion.
 
 

ARTICLE 7 : CONNECTIONS

 

The connection of equipment to fluids (water, gas, electricity, steam) and to landfills is always excluded from our services, unless we stipulate otherwise in writing on a case-by-case basis. The customer is therefore solely responsible for the incorrect installation of the ordered product and its consequences.

 
 

ARTICLE 8 : DELIVERY

 

Transport of the material by our own carrier or carriers paid by us shall be at the risk of the recipient. A fortiori, we decline any responsibility when the goods are collected by the customer or through his carrier.

ATTENTION: Some delivery addresses may only be served at an additional cost depending on their location or accessibility. Please check with our services beforehand, or refer to the documentation available on our website.
 

ARTICLE 9 : RECEIPT - CLAIMS

 

The customer must check the delivered products for quantity, quality and invoiced price. Any complaints must be made upon receipt. With regard to quality, the products are always deemed approved after a period of seven (7) clear days, with the date of our dispatch as proof. After this period, there is no possibility of exchange. Any delivery of a product not corresponding to the order shall give rise to an exchange within the limits of available stocks, both at Collin Lucy and at the third-party supplier. The client shall provide the exact product number.

In case of transport damage, the usual remarks with a precise description of the damage must be mentioned on the official transport document. Only written complaints are admissible and can be investigated. The submission of a complaint does not under any circumstances entitle the customer to defer payment for the remaining deliveries.

Collin Lucy reserves the right to refuse to refund returned products if it appears that they have been damaged by the customer. The customer may be held liable for any depreciation of the product other than that required to establish its nature and characteristics. The fact that the product or its packaging has been modified shall always be considered as a depreciation other than that necessary to establish the nature, characteristics or proper use of the product.

Collin Lucy may under no circumstances be held liable if the customer places an incorrect order or if the order does not correspond to the customer's actual needs.

Any complaint concerning a product must be addressed in writing to Collin Lucy at the address mentioned in article 1 of these GTC within seven (7) calendar days of receipt of the product. After this period, Collin Lucy cannot take the complaint into account.

 

 

ARTICLE 10 : RETURN OF GOODS

 

The return of regularly ordered goods is not permitted. In the event that a return is accepted by us, the goods must be returned to us free of all expenses, in new condition and in the original packaging; in addition, the customer is obliged to reimburse us for expenses already incurred in the amount of 20% of the net value of the returned goods. The customer remains responsible for any damage or deterioration of the returned goods until they are received and approved by us. All costs related to any restoration to new condition shall be borne by him. A credit note or credit note valid for the purchase of other goods will be issued for each refund.

 
 

ARTICLE 11 : PAYMENT

 

Payments shall be made at our company headquarters, cash on receipt, net and without discount. Our representatives are not authorised to accept cash. The customer is solely responsible for funds entrusted by him without our formal agreement. The payment period starts from the date of the invoice.

In the event of late payment, interest of 15% per annum is payable from the due date, without the need to give the customer notice of default. Moreover, if the delay exceeds thirty (30) days, the invoice amount shall be increased by 20% as liquidated damages with a minimum of 25 euros. Any non-payment by the due date entitles us to automatically suspend or terminate any other pending order without prior notice. The discount charges for bills of exchange signed by the customer shall be borne by him. In case of a cheque or bank transfer in payment of ordered material, payable on collection, the goods will be delivered after collection.
 
 

ARTICLE 12 : RETENTION OF TITLE CLAUSE

 

Collin Lucy retains full ownership of the goods until they are paid for in full, as well as accessories. The risks are borne by the client from the signing of the delivery note. The customer must therefore take care of the goods and take out the necessary insurance. Any advances may be retained to cover any losses on resale. The material we agree to deliver "on sight", with a pro-forma invoice, to allow the customer to test it or show it to a potential user, remains our absolute property until full payment of the final invoice.

 
 

ARTICLE 13 : CLAUSE ON ASSIGNMENT OF CLAIMS

 

In case of resale of the goods, even if processed, belonging to the seller, the client hereby assigns to Collin Lucy all claims arising from the resale.

 
 

ARTICLE 14 : WARRANTY

 

Unless otherwise stated, we grant a warranty of twelve (12) months from delivery on all products for which we have general representation. The other products delivered by us remain under the guarantee of the producing factory or its importer in Belgium. The warranty covers only the replacement of parts considered defective, excluding all labour costs and any shipping or travel expenses. Under no circumstances can we be held liable, it is up to the dealer/installer or customer/user to take out adequate insurance. The warranty does not cover defects caused by improper use, installation or connection. Also excluded from the warranty are burns or damage to the windings of motors operated without adequate protection by circuit breakers or switches with perfectly adjusted thermal relays. We undertake to repair or replace, within a priority period, any part of the equipment supplied that is defective due to material, manufacturing or construction faults if the installation was carried out by us. In this case, the customer undertakes to have us carry out the necessary adjustments and replacements. Claims for compensation or price reduction, as well as claims for rescission of the purchase, are not admissible unless we have been given the opportunity to do so within a reasonable period of time. If third parties carry out repair or modification work on the equipment during the warranty period, the warranty shall automatically lapse (in case of installation by us). The same applies if the equipment is damaged by third parties. Any delay in payment deprives the customer of the right to warranty.

In the case of a purchase by a consumer within the meaning of the Economic Law Code, the legal guarantee for conformity defects for the products is two (2) years from delivery of the product. To make use of this guarantee, the consumer must, under penalty of exclusion, notify Collin Lucy of the non-conformity within two months of the day on which the customer disputed the defect. The customer is exempt from proving the existence of the product's lack of conformity if it occurs within six (6) months of the delivery of the goods.
It is the customer's responsibility to keep the purchase invoice, as it alone constitutes proof of the purchase date of the product covered by the warranty.
Any intervention by the customer (including repairs) on the product is not covered by the warranty. Likewise, any misplacement or misadjustment by the customer is never considered a failure to conform and is therefore not covered by the legal warranty. Collin Lucy reserves the right to check whether the installation has been carried out according to the rules prescribed by the manufacturer.

In the event of non-execution, Collin Lucy shall not be liable if the non-execution of the sales contract or its poor execution is due to the client, to an act of a third party not involved in the service, or to force majeure.

The parties undertake to comply with the legal provisions in force during the term of the contract.

Defects resulting from: lack of care and maintenance by the customer, incorrect installation of the product by the customer, damage or accidents caused by the customer or a third party are excluded from the warranty.

The warranty does not apply to defects resulting from normal wear and tear of the goods, transport and storage. In addition, the warranty does not apply if the buyer or one of his customers has made changes or additions to the goods without the express consent of our company. Our warranty does not cover indirect damage, whether foreseeable or not. The customer is not entitled to compensation or reimbursement of the cost of transporting the goods, labour and travel expenses or compensation, even in the event of damage to persons or goods. The replacement of these parts is a lump-sum payment to the dealer.

Our warranty also does not cover losses and damages directly or indirectly related to the goods displayed or stored that would become inedible, nor the consequences of their consumption.

 

 
 

ARTICLE 15 : INTELLECTUAL PROPERTY AND RESPECT FOR THE SITE

 

The Website, its content and all other materials and elements of the Website (including the provisions of the Belgian Code of Economic Law and all applicable international texts) remain the exclusive property of Collin Lucy or of the relevant right holders. In particular, it is forbidden, even if technically possible, to reproduce, download, modify, adapt, use, translate, distribute, communicate to the public, market or make available all or part of the content of the site, for whatever purpose and by whatever means, permanently or temporarily, and whether for commercial or non-profit purposes.
The site and its content may not be used in any way other than as expressly permitted or required by site navigation. Any unauthorised use of the site content may constitute copyright infringement and give rise to civil or criminal proceedings and the payment of damages.

The site, its content and addresses are published by Collin Lucy, whose details are set out in clause 1 of these terms and conditions.

The client uses the site under its own and sole responsibility.

Despite all care taken in the compilation of the website, Collin Lucy cannot guarantee and shall not be liable for any damage caused, inter alia, by any interruption, defect or error in the functions offered by the website or in the information provided, any delay in operation or transmission or, in general, by any interruption in the operation of the website, computer virus or similar technical problems, network failure or for any other reason, in the use of the website or its content.

Collin Lucy is free to manage the content of the website independently and may, without prior notice to the customer, suspend or cancel access to all or part of the website, change the information and products available on the website, or change the presentation of the website, its structure and sections.

The customer undertakes not to perform or refrain from performing any act that has the purpose or effect, directly or indirectly, of disrupting or interrupting the networks connected to the site or the servers of third parties, or of failing to comply with all the regulations and procedures of the Internet network, interfere with the use of the site, copy, modify, interfere with the site, its use or content, or use the site for purposes that are unlawful, prohibited by the terms of the GTC or infringe the rights of Collin Lucy, or encourage such acts.

The Customer will not interfere with third parties' use of the Site, for example by attempting to access personal data, passwords, or trace information about third parties who have accessed the Site.

The Customer will not test the capacity or vulnerability of the Site and will refrain from any action that could undermine its security or integrity.

The Customer undertakes to indemnify Collin Lucy against any actions, losses, claims, damages (including court costs) brought by a third party against Collin Lucy in connection with or as a result of the Customer's improper use of the site or products.

 

 
 

ARTICLE 16 : PRIVACY - PROCESSING OF PERSONAL DATA

 

The purpose of this privacy policy is to inform the client in a complete and transparent manner about the use of his/her personal data by Collin Lucy, which wishes to respect the privacy of every client.
However, the client is aware that the Internet is not a completely secure medium and that Collin Lucy cannot therefore fully guarantee respect for the client's privacy and the personal data transmitted by him/her.

Collin Lucy undertakes to ensure that the collection and use of the client's personal data by Collin Lucy on the Website are carried out in accordance with the European and Belgian regulations in force, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC ("RGPD"), as well as the Act of 30 July 2108 on the protection of natural persons with regard to the processing of personal data. These regulations can be consulted in their entirety on the website of the Data Protection Authority at the following address: https://www.autoriteprotectiondonnees.be.

Collin Lucy is responsible for the processing of this personal data and for the contact details mentioned in Article 1.

Only the personal data voluntarily provided by the customer via the website to obtain information about a product, i.e. when placing an order, are collected, recorded and stored by Collin Lucy: the customer's name, first name, address, e-mail address and telephone number (hereinafter referred to as "personal data").

The processing of personal data collected when ordering products is necessary for the performance of the contract between Collin Lucy and the customer, i.e. processing the order, invoicing, informing the customer about the order, managing any problems, etc., and is kept until the expiry of the limitation period applicable in contractual matters.

This information is not intended to be passed on to unauthorised third parties, nor is it used for commercial purposes, nor is it used to create a statistical profile of the site's users.

Customers are informed that their personal data may be stored or transferred outside the EU. However, this transfer will only take place to a country recognised by the European Commission as providing an adequate level of protection.
Customers are informed that their personal data may be stored or transferred outside the EU. However, this transfer will only take place to a country recognised by the European Commission as providing an adequate level of protection.

The customer has the right to access this information under the terms of the aforementioned law, as well as the right to correct any errors in the data concerning him. The customer also has the right to object to this data. To exercise his right of access, rectification or opposition, the customer must send a letter to the seller's address mentioned in Article 1 of this document.
In addition, customers have the option to lodge a complaint with the Personal Data Authority: https:/www.autoriteprotectiondonnees.be.

To optimise its operation, the site may use cookies to store information about the customer's session. By accepting these T&C and the privacy policy, the customer accepts the possible use of cookies.

Need help ?

Collin-Lucy
0032 (0)61 51 11 10
commercial@collin-lucy.com