Terms and conditions
EXAKT NEUTRAL GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. General Information
These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") apply to the contractual relationship between the company Exakt Neutral, whose registered office is located at 5004 Bouge, Rue Somal 3, registered with the BCE under number 0503.802.360, hereinafter referred to as "Exakt Neutral" or "we", and the "Customer" or "you" in the physical premises of Exakt Neutral or via the website: http://exakt neutral.com , (hereinafter referred to as "our Site").
These General Terms and Conditions are supplemented by a Privacy Policy (hereinafter "the Privacy Policy") also available on our Site.
Entering into a contract with Exakt Neutral by accepting our offers in-store or on our website, or by placing an order in our stores or via our website, constitutes formal acceptance of these General Terms and Conditions, excluding the application of the Customer's own terms and conditions or any other provision unless expressly agreed to in writing beforehand. Therefore, by entering into a contract with Exakt Neutral, the Customer agrees not to invoke their own General Terms and Conditions of Sale or Purchase.
We reserve the right to refuse to provide services and sell products to anyone, for any reason and at any time.
These General Terms and Conditions apply to the sale of products and related services. A breach or violation of any of these Terms and Conditions will result in the immediate termination of sales and related services offered by Exakt Neutral.
The headings used in this agreement are included solely for convenience and do not limit or otherwise affect these Terms and Conditions.
In any event, the Customer declares to be at least 18 years old and to have the legal capacity to place an order. They are financially responsible for any order placed, whether in their own name or on behalf of third parties, including minors.
These General Terms and Conditions may only be waived in the context of a specific contract by means of an express written agreement signed by Exakt Neutral.
1.2. Relationship between General Terms and Conditions, Product Descriptions and Specific Terms and Conditions
The specifications of certain products must also be taken into account (hereinafter "Product Description"). These are provided on our Website or verbally at the time of purchase in store. They take precedence over the General Terms and Conditions. (see Article 2.2)
Specific Terms of Sale (hereinafter "Special Terms") may be stipulated by mutual agreement in contractual documents such as purchase orders, invoices, or quotations. In such cases, if any rules contained in the Special Terms conflict with these General Terms and Conditions or the Product Descriptions, the rules of the Special Terms shall prevail in the contractual relationship between Exakt Neutral and the Customer.
1.3. Consultation, validity and duration of the General Terms and Conditions
Our General Terms and Conditions and our Privacy Policy are available for consultation on our Website. Any buyer may also obtain a full copy of these General Terms and Conditions upon request.
The General Terms and Conditions on our Site are effective from the date they are published online and remain applicable for the entire duration of your use of our Site. Exakt Neutral reserves the right to adapt and modify these General Terms and Conditions and the Privacy Policy. The General Terms and Conditions applicable to an order will be those in effect at the time the order was placed on our Site.
1.4. Customer Obligations Regarding Our Site
Our Site is accessible to anyone with internet access.
Exakt Neutral reserves the right to refuse access to all or part of our Site, unilaterally and without prior notice, to any Customer who does not comply with these General Terms and Conditions.
The Customer agrees to use our Site in accordance with these Terms and Conditions and applicable laws. Accordingly, the Customer agrees in particular not to disrupt or interfere with the operation of our Site, not to damage any part of its elements, or to access it fraudulently. Transmitting viruses or destructive code to our Site is prohibited.
The Client agrees to maintain the confidentiality of their personal login credentials and must ensure that these credentials are not disclosed to third parties. The Client is responsible for all actions performed using their Account. If the Client believes that their personal login credentials have been compromised, such as through disclosure, theft, or unauthorized use, they must immediately notify Exakt Neutral by email at the following address: emilie@exaktneutral.com.
ARTICLE 2 – PRODUCTS AND TECHNICAL SPECIFICATIONS
2.1. Nature of the products
Exakt Neutral primarily sells carefully sourced vintage furniture and decorative objects. Unless explicitly stated otherwise in the Product Description (see Article 2.2), the Customer should assume that the item is second-hand.
The products offered for sale by Exakt Neutral are either its own property or products sold on behalf of third parties under a consignment agreement. In both cases, Exakt Neutral declares that it has the full right to offer these products for sale and is the sole point of contact for finalizing their purchase.
The list of products available for sale in the store and on our Site is subject to change at any time by Exakt Neutral.
2.2. Product Description
Each product on our website and most products in store have a product page detailing information about it. This page provides a general overview of the information gathered about the product. Customers are welcome to request more information or visit the store to inspect the product. Product descriptions are available upon request in store.
The product description is an integral part of the sales agreement. For example, if a product is described as 'scratched', the scratches present on the product cannot be used as grounds for a complaint. Generally speaking, the product must therefore conform to its description, and not to any other standards or assumptions.
Unless otherwise stated in the Product Description, the following will not be considered defects:
- Slight variations in color
- A state of dirtiness, if this can be resolved with soapy water or other household cleaners
- Signs of wear and aging consistent with the age of the object (small chips, pitted chrome, dull marble, etc.)
- Small stickers or other markings related to inventory
- Incorrect attribution to a designer, architect or manufacturer
- Approximate measurements and weight
We reserve the right to modify the content of our Site at any time. The product description on our Site at the time of sale applies.
2.3. Stocks
Some products must be pre-ordered, are not ready for sale, or are subject to Special Conditions and are indicated in the Product Description.
Products are offered for sale while stocks last. The stock levels shown on our website are updated automatically based on sales. Human error, theft, or accidents may result in inaccurate figures. If a product is unavailable, Exakt Neutral will inform the customer as soon as possible, find an alternative solution, or refund the order (see Article 3.5).
ARTICLE 3 – CUSTOMER ACCOUNT AND ORDERS
3.1. Creating a Customer Account and Guarantees
Before placing an order through our website, all customers must create a customer account. In-store, creating a customer account will be offered for every purchase but remains optional.
A Customer Account is strictly required to exercise any right of return or refund, or any other request related to a transaction. Since we sell second-hand products, without a Customer Account it is impossible for Exakt Neutral to verify if and when the product was purchased.
To complete registration, you must choose personal login credentials, namely a username (email address) and a password. Creating a customer account also requires providing your full name, title, address, telephone number, and, if applicable, the name of the purchasing company.
The Client has an obligation to provide accurate, complete and current information and undertakes to notify Exakt Neutral of any changes to this information, whenever necessary.
3.2. Price Offers
In our store and on our website, the prices shown include VAT. The prices shown on our sales documents (pro forma invoices and invoices) are expressed in euros excluding VAT, and the applicable VAT rate is specified.
The prices shown do not include shipping or storage costs, which are the responsibility of the Customer and must be calculated according to their specific needs (see article IV).
Because we use second-hand products, our offers are always subject to stock availability. Therefore, unless otherwise stated in Special Conditions, our offers are non-binding regarding price or product availability and are provided for informational purposes only.
3.3. Placing the order
When placing an online order, before finalizing it, a summary screen appears displaying all the details of the selected products, allowing the customer to review their order and correct any errors. The order cannot be modified after payment confirmation.
During a visit to the store, if the product cannot be collected immediately, the sales associate will create an order for the customer. The following paragraphs also apply to this type of order.
3.4. Billing
Purchase invoices are created upon request at the time of payment and up to 3 months after the payment date. Intra-Community VAT will only be applied if all conditions are met by the customer.
In the event that billing data is incorrect and needs to be changed, an administrative fee of €12 excluding VAT will be charged.
3.5. Payment and order confirmation
- Reservation by the Client:
The order will only be processed by Exak Neutral once full payment (including VAT) has been received. Payment of this order constitutes acceptance of these Terms and Conditions of Sale.
Products are not reserved until full payment is received, therefore the Customer is aware that any delay in this payment may result in cancellation of the order if the product is no longer available in stock.
- "Payment Confirmation" and "Order Validation" by Exakt Neutral:
Upon receipt of full payment for the order, Exakt Neutral sends the Customer a "Payment Confirmation" email containing all order details and the total price including VAT. The products are then removed from sale.
If a request for a personalized quote for service (delivery or storage) accompanies the product order, Exakt Neutral will forward the additional quote to the Customer for additional payment.
Once payment is received, the order is prepared and the Customer receives confirmation that the order is ready with their order number. (Hereinafter "Order Confirmation").
If one or more products are unavailable, the Customer will be notified. The Customer will then have the option to cancel the entire order. If the Customer chooses not to cancel, the final price paid will be adjusted based on the available products.
3.6. Order Collection
Order collection on site is free and must be done within one week of order confirmation.
The Client, or their service provider, must present themselves at Exakt Neutral during opening hours, with the vehicle, protective equipment, and personnel appropriate for the products to be removed. They must be able to identify themselves and know the order number and/or the email address from which the order was placed.
Exakt Neutral is committed to providing, in advance and upon request, all information useful for preparing the transport.
The products remain the property of the store until full payment of the price. The products are then made available to the Customer.
Risk is transferred when the order is collected by the Customer, at the moment Exakt Neutral hands the products to the Customer directly at the counter or on the loading dock. The Customer must then verify the order's conformity before loading it.
ARTICLE IV – RELATED SERVICES: STORAGE, ASSISTANCE WITH ON-SITE PRODUCT COLLECTION, DELIVERIES AND CUSTOMIZED OFFERS
4.1. Storage
Products are stored by Exakt Neutral free of charge for one week from the date of order confirmation. After this period, Exakt Neutral offers a storage service for products based on their size and packaging.
A specific offer for storage can be requested from Exakt Neutral at the time of product reservation or within the following ten working days.
The Customer must verify the conformity of their order before the end of the collection period. After ten working days, no claims can be made regarding the products. Storage must be handled with care.
If the goods are not collected within the specified timeframe, and if no specific storage request has been made, a storage fee of €15 per order per month (including VAT) plus €15 per pallet (including VAT) will be charged. If, after one additional month of storage, the customer has still not collected their purchases or requested a storage quote, the order will be cancelled. The storage fees for the first month, as well as compensation equal to 10% of the order value, will be deducted from the refund.
4.2. Delivery
Upon request, Exakt Neutral can provide a supplementary and personalized quote for the delivery of goods. Exakt Neutral can carry out these deliveries using its own vehicles or through third-party service providers. Deliveries are made only on business days and are door-to-door.
The Customer agrees to provide accurate and precise delivery information and to be ready to receive the goods according to the instructions given to him by the service provider and/or Exakt Neutral.
For online orders placed at www.exaktNeutral.com for standard products and destinations, our website automatically offers deals that can be paid for directly with your purchase. Exakt Neutral makes every effort to ensure these deals are correct and final. In the event of errors, Exakt Neutral may contact the customer during order preparation to inform them and issue a refund or invoice the difference.
If the delivery offer is suitable for the customer, they have three days to validate it by paying for it.
If the Offer is not suitable for the Customer, they can arrange their own collection or request cancellation of their order without administrative fees.
- Delivery of small items (<30kg): by post or courier
Once the products and delivery have been paid for, the order is prepared for shipment. The customer receives notification from Exakt Neutral that the order is ready for collection, and an email allowing them to track their order.
- Delivery of bulky items
Once the products and delivery have been paid for, the order is prepared for shipment. The customer receives notification that the order is ready for collection and agrees on a delivery date with Exakt Neutral based on their preferences and the carrier's availability.
The Customer must ensure that the road infrastructure providing access to the delivery location allows for truck passage, enabling easy access and maneuvering in front of the delivery site. The Customer must also reserve sufficient parking space for the efficient and safe unloading of the truck and have their own solution for bringing the goods into the delivery area.
If the actual configuration of the delivery location physically prevents access for the truck or unloading of the product(s), the Seller reserves the right to cancel the delivery and refund the order, less the delivery cost and the return cost.
The Customer must verify the conformity of their order upon receipt. In case of non-conformity, the Customer must provide Exakt Neutral with all relevant information within fourteen days of receiving the delivery.
Exakt Neutral cannot be held responsible for any damage incurred during delivery. In the event of damage related to transport, the Customer agrees to provide all the information necessary to open a claim: photos of the package and the product.
If the order is not collected by the customer and is returned to the sender, it will be cancelled. Shipping costs and a 10% administrative fee will be deducted from the refund.
All deliveries will be made to the doorstep (sidewalk in the case of an apartment building, property line in the case of a detached house). Delivery does not include installation, assembly, or commissioning of the purchased products.
Unnecessary travel expenses and waiting times exceeding 15 minutes will be charged to the Client.
A delivery cannot be organized or cancelled less than one week before its scheduled date without incurring a fee. Any additional costs charged by the service provider will be borne by the Client.
In the event of an inability to deliver due to force majeure, the Customer will receive an email offering them the option to either cancel or postpone delivery, at no extra cost.
Exakt Neutral reserves the right to refuse to arrange deliveries, particularly if the delivery cost exceeds 50% of the product price, or if the delivery address is outside the Schengen Area. Exakt Neutral will notify the Customer as soon as possible.
4.3. “Tailor-made” offers
When ordering services, custom-made items, or items based on a plan, Exakt Neutral prepares the quote based on the measurements provided by the buyer, who assumes full responsibility for their accuracy. The buyer is responsible for verifying that these measurements are correctly recorded on the order form.
All studies, plans, documents, sketches, drawings, samples, and projects remain our property and are protected by intellectual property rights. Once delivered to the Client, they may not be misappropriated by the Client or any third party. The Client is responsible for any misappropriation, and we reserve the right to claim compensation for any resulting damages. This compensation is fixed at 10% of the contract amount, without prejudice to our right to prove higher damages. The aforementioned documents must be returned upon first request.
ARTICLE 5 – OTHER RESPONSIBILITIES
Exakt Neutral will not assume any responsibility for lost profits, damages arising from loss in the broadest sense of the term and/or any other direct or indirect damages of any kind whatsoever.
Insofar as Exakt Neutral is unable, under any legal provision, to be entirely relieved of its liability, its liability will in all cases be limited to damages resulting directly from the defect and, therefore, foreseeable at the time the contract was signed. It will in any event be capped at an amount corresponding to a maximum of 15% of the contract value.
Exakt Neutral cannot under any circumstances be held liable for damages not inherent to the product and/or non-design defects resulting from an external cause, totally unrelated to Exakt Neutral, whether the Client is at fault or not.
If, despite the absence of inherent product defects and damages resulting from external causes, Exakt Neutral's liability for proven damages suffered by the Client were established, the aforementioned limitations of liability will apply.
The Customer is responsible for the correct use and maintenance of the product, in accordance with the instructions and recommendations of the supplier or manufacturers, and for compliance with applicable regulations, particularly those relating to safety.
Technical and other advice given by Exakt Neutral staff in store or by email is for informational purposes only, and must be verified by the Customer with qualified installers or a technical reference center.
ARTICLE 6 – GUARANTEES
Exakt Neutral products are not covered by warranties unless otherwise agreed in Special Conditions or explicitly stated in the Product Description. The statement that a product is tested and functional cannot be interpreted as a promise of a warranty. Only statements such as "Guaranteed to function for..." will be considered valid.
For lighting fixtures, a 1-year warranty (from the order date) is implicitly agreed upon, unless otherwise specified in the product description. The warranty is excluded in all cases under the following circumstances: if the defects result from improper maintenance or damage caused by abnormal or non-compliant use of the product with regard to its specifications.
ARTICLE 7 – PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
As part of our business relationship, we collect and process personal data about you. This personal data includes any information that allows us to identify you as an individual, such as your name, email address, or telephone number. We are committed to protecting your privacy.
If you would like more information on this subject, please consult our Privacy Policy on our Website. There you will find:
- The type of personal data we hold;
- How we collect them
- When and why we use them.
ARTICLE 8 – INTELLECTUAL PROPERTY
Use of our Site is reserved, unless otherwise agreed or specifically and expressly licensed by Exakt Neutral, for strictly personal use.
Exakt Neutral retains full and exclusive ownership of the various data transmitted within the framework of these General Terms and Conditions under the various legislations relating to the protection of copyright and related rights, trademark and patent law and in particular the Law concerning the legal protection of databases as well as all trademarks, texts, comments, works, illustrations and images, whether visual or audio, reproduced on our Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on our Site through which the service is provided, without our express written permission.
Any reproduction or representation, in whole or in part, constitutes an infringement that may give rise to civil and criminal liability for its author.
ARTICLE 9 – CLAIMS, PRODUCT RETURNS, RIGHT OF WITHDRAWAL, REFUND PROCEDURES, APPLICABLE LAW
9.1. Right of withdrawal
The private consumer has the right to cancel their purchase, without having to provide a reason and without paying any additional fees, within fourteen calendar days from the day after delivery. During these fourteen days, the customer must inform Exakt Neutral of their intention to withdraw, providing proof of purchase, mentioning the order number, and specifying the product they wish to return.
The Customer is only liable for the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods: incomplete, damaged, used or soiled products cannot be returned.
Exakt Neutral will facilitate the return of the product on a date agreed upon by both parties. Exakt Neutral will fully refund the product price provided it is complete, in perfect condition, and in its original packaging. Shipping costs will also be refunded to the consumer if the entire order is returned. However, the consumer will be responsible for any costs associated with the return shipping. Once the item is in RotorDC's possession, the refund will be processed.
9.2. Exceptions to the right of withdrawal
The right of withdrawal does not apply to any returns requested more than fourteen days after purchase, in the case of services already rendered or custom-made products, for products purchased on-site, or for any business orders. In these cases, Exakt Neutral reserves the right to accept or refuse the return, and to issue a refund or not, in the form of cash or a voucher, depending on the situation, the time elapsed, and the condition of the products. A minimum of 30% of the order amount will be retained for administrative and restocking fees.
9.3. Reimbursement procedures
Requests for returns and complaints should be made by sending an email to the following address: emilie@exaktneutral.com.
All returns or exchanges are subject to prior agreement from Exakt Neutral via email, and will be refused within fourteen calendar days of Exakt Neutral's agreement. Products must be returned in their original packaging and in perfect condition.
The refund will be made no later than fourteen days from the date the products are deposited in store.
Exakt Neutral reserves the right to cancel orders, without compensation, if a force majeure event prevents their normal execution. By express agreement, events such as strikes, transport shortages, fire, flood, equipment failure, riots, war, epidemics, or accidents, whether at Exakt Neutral or at one of its suppliers, shall be considered force majeure events, even if only partial, and regardless of their cause. This list is not exhaustive.
9.4. Applicable Law and Jurisdiction
This contract is concluded in French.
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute between the parties relating to the validity, interpretation or execution of this document, which cannot be resolved amicably, the parties will attempt to resolve this dispute through mediation.
In case of dispute, the Courts of Namur shall have exclusive jurisdiction.
ARTICLE 10 – FINAL PROVISIONS
The fact that Exakt Neutral does not invoke any of the provisions of these General Terms and Conditions at any time shall not be interpreted as a waiver by the latter of its right to invoke them subsequently.
In the event that any provision of the General Terms and Conditions is declared null and void or unenforceable, it shall be deemed unwritten, without affecting the validity of the other provisions.
The electronic data stored in Exakt Neutral's information systems relating to the Services offered by Exakt Neutral shall be considered valid and binding between the parties, unless proven otherwise. This electronic data therefore constitutes admissible, valid, and enforceable evidence against Users under the same conditions and with the same probative value as any document that would be created, received, or stored on paper.