Conditions Générales de Vente

Article 1 – Purpose

1.1. These general terms and conditions of sale (hereinafter "GTC") define, without prejudice to the application of specific conditions, the respective obligations of ÉLEVÉ-OUTDOOR and its clients in the context of the sale of Products. These GTC apply to all orders, including online, addressed to ÉLEVÉ-OUTDOOR. Any deviations and amendments to these general conditions must be subject to prior written agreement from ÉLEVÉ-OUTDOOR.
1.2. By placing any order, the Client expressly acknowledges having read the GTC and accepts them without reservation.
1.3. In the case of an online order, the client may proceed with the purchase only after having expressly accepted the GTC.
1.4. ÉLEVÉ-OUTDOOR reserves the right to modify its General Terms and Conditions at any time, with the new General Terms and Conditions applying to any order placed after the entry into force of such modification.
1.5. In case of contradictions between our General Terms and Conditions and those of the clients, it is agreed that our General Terms and Conditions shall prevail. Otherwise, the provisions that are not expressly derogated remain applicable as supplementary, if they have been accepted by ÉLEVÉ-OUTDOOR.

Article 2 – Order and formation of the Contract

2.1. The Contract is concluded on the date of acceptance of the quote requested by the Client. The quote is valid for thirty (30) days. Any modification of the quote is subject to the prior agreement of ÉLEVÉ-OUTDOOR.

For the sake of clarity, it is reminded that the quote is understood for the execution of the work described therein under normal conditions and for which all necessary information has been provided by the client (passing of electrical cables or water pipes near the work area). Excluded are:

- Services imposed by unforeseen conditions such as the need to break rocks or any lack of information or erroneous information communicated by the client. Likewise, ÉLEVÉ-OUTDOOR reserves the right to pass on to the client any increase in the cost of materials, prior to production.
- The requests for permits or authorizations required by urban planning rules or condominium regulations or finally for safety reasons. It is therefore the client's responsibility to inform themselves and to complete any formalities to obtain the authorizations, at their own expense and under their sole responsibility, prior to the order. Under no circumstances does the refusal of the aforementioned permit or authorization release the client from the order, once accepted by ÉLEVÉ-OUTDOOR.
2.2. In the case of an online order, the Contract is concluded upon validation of the purchase by ÉLEVÉ-OUTDOOR and payment by the Client.
2.3. ÉLEVÉ-OUTDOOR is authorized to suspend the execution of the Contract until the effective receipt of the required payment from the Client.
2.4. ÉLEVÉ-OUTDOOR reserves the right to cancel an order if the products subject to it are no longer available, or for other serious and legitimate reasons that will be indicated to the Client. In this case, ÉLEVÉ-OUTDOOR will refund the amounts paid to the Client.
2.5. The essential characteristics of the products that are the subject of the order are described in the accepted quote from the Client. By validating the order, the Client acknowledges that they have taken note of the description of the Product and all relevant information related to it and that they are bound by the terms defined in the order. Any modification of this is subject to the prior agreement of ÉLEVÉ-OUTDOOR.
2.6. The products actually purchased or delivered may have minor differences from the description provided in the quote or on the website, particularly natural materials or other products that may show differences in color shades and texture, or even minor differences in dimensions.
2.7. ÉLEVÉ-OUTDOOR takes all possible measures to display the colors of the products as accurately as the technical or electronic means allow. However, ÉLEVÉ-OUTDOOR cannot guarantee an exact match of the color on the screen with the actual product colors, and the colors shown on the Website. Colors may therefore vary depending on your screen settings and resolution.
2.8. The Client agrees to use the products in accordance with the user manual. Furthermore, the Client, who intends the Products for abnormal or unforeseen use, acknowledges that ÉLEVÉ-OUTDOOR cannot be held responsible in case of non-compliance of the Products with such uses.

Article 3 – Prices and payments

3.1. The price of the ordered products is the price displayed on the accepted quote at the date of the order, including on the Website. The prices indicated are in Euros and include VAT.
3.2. The displayed price details the base amount, VAT, as well as all fees (excluding shipping fees) generally any, including fees related to the preparation of the potential package, unless otherwise stated in the Product sheet. The applicable VAT rate is the VAT rate in effect at the time of the order; ÉLEVÉ-OUTDOOR reserves the right to pass on to the customer any variation in the VAT rate. Furthermore, if and to the extent that the individual customer benefits from a reduced VAT rate, it is agreed that they assume sole responsibility for it and will hold ÉLEVÉ-OUTDOOR harmless from the consequences of any potential refusal by the tax administration to apply the reduced rate.
3.3. ÉLEVÉ-OUTDOOR reserves the right to change prices at any time. It also reserves the right to refuse an order if the price indicated on the website is incorrect due to a technical or human error.
3.4. Payment for orders placed on the website is due in full on the day of order validation. No product will be shipped before the full payment is received via the secure payment methods offered: VISA, MasterCard, or Bancontact. ÉLEVÉ-OUTDOOR also reserves the right to require a deposit for any specific project order placed offline.

Sales to professionals: By way of derogation from the usual payment terms, any first order is payable in full at the time of validation. For subsequent orders, a deposit may be required and the payment term for the balance is set at the 15th day following the receipt of the goods, unless a specific written agreement is made.

3.5. ÉLEVÉ-OUTDOOR remains the full owner of the Products until full payment of the agreed price. The customer authorizes ÉLEVÉ-OUTDOOR to recover the sold products regardless of who they are in the hands of. The risks (loss, theft, deterioration, etc.) related to the products are however transferred to the customer upon their delivery to the agreed location, as well as the obligation to repair any damage they may cause to property and persons.
3.6. In the event of a unilateral cancellation of an order by the Customer, ÉLEVÉ-OUTDOOR reserves the right to demand a cancellation fee equal to 15% of the total amount of the order placed, without the Customer having the right to request any refund.

Article 4 – Execution and delivery of orders

4.1. Unless expressly stated otherwise, all delivery costs, if applicable, such as transportation costs, insurance costs, shipping costs, or others are the responsibility of the Customer and detailed in the quote. The same applies to any special delivery request, particularly regarding the packaging of the Products, which was not included in the quote.
4.2. ÉLEVÉ-OUTDOOR is committed to delivering the agreed Products to the agreed delivery location, if the delivery service is included in the order. The customer is responsible for any errors in the delivery address they provided to ÉLEVÉ-OUTDOOR. Unless otherwise agreed, the delivery times for custom-made products are 30 working days. This period starts from the receipt of the deposit payment AND the final validation of the technical specifications/measures by the Customer. This timeframe is provided as an indication: peak seasonal periods or shortages of specific fabrics may lead to additional delays. In case of an anticipated delay, ÉLEVÉ-OUTDOOR will inform the Customer to agree on a new date.
4.3. In all cases, the following circumstances release ÉLEVÉ-OUTDOOR from adhering to the deadlines set for deliveries:
- Force majeure (including: cyberattack, strikes, epidemics, technical incidents, delays or shortages of raw materials from the supplier, carrier delays, labor shortages, weather conditions incompatible with secure installation) or actions of a third party;
- Non-compliance with payment terms (failure to pay the deposit or the balance as stipulated);
- Order modifications requested by the Customer after initial validation;
- Customer's failure to provide the necessary information, measurements, photos, or access required for the execution of the order or installation on time.
4.4. Notwithstanding Article 3.5, it is agreed that the customer is obliged to address any claims related to the transport of the products to the carrier.

Article 5 – Receipt of Products – visible defects

5.1 and 5.2. Right of withdrawal and exceptions : The Customer has a right of withdrawal of 14 days from the delivery for non-customized stock items (masts, fittings, accessories). Return shipping costs are the responsibility of the Customer and the products must be returned new in their original packaging.

Exception for the making and customization of accessories : In accordance with art. L.221-28 (FR) and art. VI.53, 3° (BE), the right of withdrawal cannot be exercised for Products made according to the consumer's specifications or clearly personalized.
Our shade sails being made exclusively to order, they do not benefit from any right of withdrawal, exchange, or refund for simple change of mind.

5.3. Non-compliance and reporting : In case of non-compliance or apparent defect (dimension error outside technical tolerance, color error, fabric defect), the Customer must notify ÉLEVÉ-OUTDOOR in writing within 14 days following delivery. After examination and validation of the defect by our services (based on photos or return of the product), ÉLEVÉ-OUTDOOR commits to provide a compliant Product as soon as possible. The replacement is conditioned on the return of the non-compliant Product in a clean state.
5.4. Refund : In case of technical impossibility to provide a compliant product or to carry out a satisfactory repair, ÉLEVÉ-OUTDOOR will proceed with a full refund of the amounts paid for the product concerned.

Article 6 - Late interest, penalty clause and fees

6.1. If applicable, any invoice not paid by the due date will automatically incur a contractual late interest of 1.5 percent per month started, with a minimum rate in accordance with the legal interest rate in force in France on the due date of the unpaid invoice.
6.2. If the Client is an individual, any invoice not paid by the due date will incur, 14 calendar days after a prior and free formal notice, a late interest at the legal rate in force on the due date of the unpaid invoice.
6.3. Furthermore, any invoice unpaid by the due date will be increased, by operation of law and without formal notice, by a contractual, flat-rate, and non-reducible compensation of 15% of the amount remaining unpaid with a minimum of €50 per unpaid invoice.
6.4. Moreover, in the absence of payment of invoices that have reached their due date, the amounts due will be increased by €5 as administrative fees for each reminder sent. This also applies to individuals under the conditions stated in article 6.2.
6.5. In the event of the initiation of proceedings following a contractual breach by the Client, particularly in the case of non-payment of an invoice by its due date, ÉLEVÉ-OUTDOOR reserves the right to claim defense costs (lawyer fees, expert fees, etc.) incurred (which are an integral part of its damage) and this, without prejudice to the application of the previously mentioned contractual compensation.
6.6. The failure to pay an invoice by the due date makes all amounts due immediately payable.

Article 7 – Claims

7.1. Any claim and/or dispute by the Client against Products must be made in writing within the time frame specified in article 5.1, under penalty of nullity.
7.2. Any claim related to an invoice must, under penalty of nullity, be sent to ÉLEVÉ-OUTDOOR by registered letter within 8 days of receipt of the invoice. Otherwise, the invoice is considered as definitively accepted by the Client.
7.3. The introduction of a claim does not in any way relieve the Client of their payment obligations.

Article 8 – Warranty

8.1. The Products supplied by ÉLEVÉ-OUTDOOR are deemed accepted by the client within the time frame set by article 5.1, unless a specific and detailed claim is notified to ÉLEVÉ-OUTDOOR before the expiration of this period.
8.2. The acceptance of the Products will cover all apparent defects and non-conformities, that is to say, all those that the Client could have detected at the time of delivery or within the time frame set by article 5.1.
8.3. Without prejudice to the application of articles L217-3 to L217-7 of the French Consumer Code, ÉLEVÉ-OUTDOOR guarantees the Products supplied against hidden defects for a period of 2 months from the date of delivery. To invoke the benefit of the warranty, the Client must notify ÉLEVÉ-OUTDOOR of any claim related to hidden defects by registered letter as soon as they appear and, at the latest, within 30 calendar days following the discovery of the defect. Furthermore, the defect must render the Product unfit for the use for which it is intended.
8.4. However, the warranty does not cover defects resulting from (this list is not exhaustive): (i) abnormal or improper use of the Product, (ii) inappropriate storage of the Product, or (iii) an external cause, or (iv) normal wear and tear of the Product.
8.5. In all cases, ÉLEVÉ-OUTDOOR is only required to provide an equivalent and compliant Product or to replace the non-compliant Product, excluding any compensation for any reason whatsoever, including those related to costs incurred by the replacement, losses, damages, and potential lost profits related thereto.

Article 9 - Responsibilities

9.1. ÉLEVÉ-OUTDOOR assumes no other responsibility than that provided in Article 8 towards its Clients.
9.2. Except in cases of gross negligence or intentional fault, ÉLEVÉ-OUTDOOR disclaims all liability, both to its Clients and to third parties, in the event of damage to property or persons resulting from the use of products supplied by ÉLEVÉ-OUTDOOR, including lost profits or any other harm arising directly or indirectly from a defect in the product.
9.3. The liability of ÉLEVÉ-OUTDOOR is limited to direct and foreseeable damages, provided that these are proven by the Client. Any other liability is excluded. In all cases, the liability of ÉLEVÉ-OUTDOOR is limited to the amount of the Product order. The liability of ÉLEVÉ-OUTDOOR for indirect damages is excluded.
9.4. It is agreed that the liability of ÉLEVÉ-OUTDOOR cannot be engaged if the Client has not informed ÉLEVÉ-OUTDOOR, in writing, of the existence of the damage, its extent, and the possible causes thereof within 8 working days following the date of the occurrence of the damage.
9.5. ÉLEVÉ-OUTDOOR disclaims all responsibility when the damage is caused by the fault or intervention of the Client or any third party. ÉLEVÉ-OUTDOOR is also not responsible for the harm resulting from wear and/or the use of Products that is not in accordance with its normal use or proper storage.

Article 10 - Force Majeure

10.1. ÉLEVÉ-OUTDOOR is not required to fulfill its obligations in the event of force majeure, which includes natural disasters, acts and orders of competent authorities, acts of terrorism or war, as well as any other event that was not reasonably foreseeable and surmountable. ÉLEVÉ-OUTDOOR will inform the Client as soon as possible of the occurrence of the disruptive event.
10.2. In the event of force majeure, the obligations of ÉLEVÉ-OUTDOOR are suspended until the circumstances preventing the fulfillment of these obligations cease. If the state of force majeure lasts more than 30 days, ÉLEVÉ-OUTDOOR or the Client has the right to terminate the Contract by giving prior notice. Any compensation or indemnity other than the refund of the price paid, if applicable, is excluded in this case.
10.3. ÉLEVÉ-OUTDOOR reserves the right to extend the delivery or execution period that may have been agreed upon for a duration equal to that during which the force majeure event lasted. Similarly, if these events may compromise the execution of the order according to the stipulated terms, ÉLEVÉ-OUTDOOR reserves the right to terminate the Contract without compensation.

Article 11 – Termination – Resolution at the Client's fault

11.1. The preceding stipulations do not contain any waiver of ÉLEVÉ-OUTDOOR's right to claim, in the event of non-payment or non-compliance by its contracting party with its contractual obligations (or serious risk of non-compliance with its obligations), the resolution or termination of the Contract, by operation of law, with damages.
11.2. This claim will be made by a notification by registered letter addressed to the Client.

Article 12 – Intellectual property

12.1. ÉLEVÉ-OUTDOOR remains the sole and exclusive holder of the broadest intellectual property rights related to its name, logos, trade names, trademarks, services, or any achievements. The Client does not acquire, by purchasing the Products, any intellectual property rights whatsoever on the purchased Products.
12.2. The Client is prohibited from taking any action that may directly or indirectly infringe upon the intellectual property rights of ÉLEVÉ-OUTDOOR.

Article 13 - Processing of personal data

13.1. If the supply of the Product involves the processing by ÉLEVÉ-OUTDOOR of personal data of the Client, ÉLEVÉ-OUTDOOR will carry out such processing in accordance with Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the law of July 30, 2018, on the protection of natural persons with regard to the processing of personal data.
13.2. To the extent that the processing concerns personal data of third parties, the client agrees that such processing by ÉLEVÉ-OUTDOOR will be carried out in accordance with applicable law and, where necessary, with the prior consent of the data subject.
13.3. ÉLEVÉ-OUTDOOR is obliged to respect the commitments made by it in the privacy policy available on its website: https://www.eleve-outdoor.com/politiquedeconfidentialite

Article 14 – Miscellaneous provisions

14.1. All information about the products published on its website or any other medium does not bind ÉLEVÉ-OUTDOOR and is provided for informational purposes only. ÉLEVÉ-OUTDOOR reserves the right to modify them without notice.
14.2. The fact that ÉLEVÉ-OUTDOOR or the Client does not invoke one of the clauses of the General Terms and Conditions or a breach by its contractor cannot be interpreted, for the future, as a waiver of the right or obligation in question. ÉLEVÉ-OUTDOOR reserves the right to modify the General Terms and Conditions; in this case, the modifications will take effect and will only apply to sales concluded after the General Terms and Conditions are posted on the website.
14.3. If one of the clauses of the GTC is declared null under a law, regulation, or as a result of a final decision by a competent jurisdiction, it will be deemed unwritten, while the other clauses will still retain all their effects and scope. ÉLEVÉ-OUTDOOR may, if necessary, replace the canceled stipulation(s). The present GTC and the specific conditions, if applicable, constitute the entirety of the contractual relationships between ÉLEVÉ-OUTDOOR and the Client.
14.4. Disputes and Mediation : When the Client is an individual, in the event of a dispute related to the Contract, they have the option to submit a complaint to the Federal Consumer Mediation Service (https://mediationconsommateur.be/fr). This mediation is conducted on a voluntary basis and is free of charge. They may also choose to use the European Online Dispute Resolution Platform (ODR platform) available at the following address : https://ec.europa.eu/consumers/odr/. This site specifically concerns the extrajudicial resolution of disputes regarding the contractual obligations arising from this Contract.
14.5. Applicable Law and Jurisdiction : The GTC are governed by Belgian law, without prejudice to the application of the mandatory provisions of French law. Without prejudice to the application of article 14.4 of these GTC, all disputes arising from or related to the formation, execution, or interpretation of the GTC or the Contract, as well as any dispute regarding extracontractual liability that could not be settled amicably beforehand, will be subject to the exclusive jurisdiction of the Commercial Court of Hainaut, Tournai division. If the Client is an individual, any dispute will be submitted to the competent court in accordance with article R-631.3 of the French Consumer Code.

General Terms and Conditions of Sale