Terms and Conditions
Article 1 - Definitions
In these conditions the following terms have the following meanings:
- Time for reflection: the period within which the buyer can make use of his right of withdrawal;
- Copper: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the seller;
- Day: calendar day;
- Durable data carrier: any means that enables the buyer or seller to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the option for the buyer to cancel the distance contract within the cooling-off period;
- Seller: the natural or legal person who offers buyers products and / or services at a distance;
- Distance Agreement: an agreement whereby, in the context of a system organized by the seller for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
- Remote communication technology: means that can be used to conclude an agreement, without the buyer and seller being together in the same space at the same time.
- Terms and Conditions: the present General Terms and Conditions of the seller.
Article 2 - Identity of the seller
0473-27 32 43
VAT number: BE 0686.853.238
Article 3 - Applicability
- These general terms and conditions apply to every offer from the seller and to every distance agreement and orders between seller and buyer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the seller and that they will be sent free of charge as soon as possible at the request of the buyer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the buyer electronically in such a way that they can be easily communicated by the buyer. way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the buyer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the buyer can always rely on the applicable provision that is most favorable to him. .
- If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that the purport from the original as closely as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The seller is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images with products are a true representation of the products offered. The seller cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the way in which the agreement will be concluded and which actions are required for this;
- the method of payment, delivery and implementation of the agreement;
- the term for accepting the offer, or the term within which the seller guarantees the price;
- whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the buyer;
- the way in which the buyer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the buyer accepts the offer and meets the corresponding conditions.
- If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the buyer can dissolve the agreement.
- Agreements are only concluded after an order or other assignment has been assessed by the seller for feasibility. The seller has the right not to accept orders or assignments, stating reasons, or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance, in which case the buyer will be informed accordingly.
- If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the buyer can pay electronically, the seller will observe appropriate security measures.
- The seller can - within legal frameworks - inquire whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The seller will send the following information with the product or service to the buyer, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier:
a.the visiting address of the seller's office where the buyer can go with complaints;
b. the conditions under which and the way in which the buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the seller has already provided this information to the buyer prior to the execution of the agreement;
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
- When purchasing products, the buyer has the option to dissolve the agreement without giving any reason within 30 days. This reflection period starts on the day after receipt of the product by the buyer or a representative appointed by the buyer and announced to the seller in advance.
- During the reflection period, the buyer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
- If the buyer wishes to make use of his right of withdrawal, he is obliged to notify the seller of this within 30 days after receipt of the product. After the buyer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The buyer must prove that the goods delivered have been returned on time, for example by means of proof of shipment.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the seller, the purchase is a fact.
Article 7 - Costs in case of withdrawal
- If the buyer makes use of his right of withdrawal, the costs of return are for his account.
- If the buyer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the buyer, unless the buyer explicitly gives permission for a different payment method.
- In the event of damage to the product due to careless handling by the buyer himself, the buyer is liable for any depreciation of the product.
- In the (partial) consumption of a consumer product, the buyer is held to a possible depreciation of the product.
Article 8 - Exclusion of right of withdrawal
- The seller can exclude the buyer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has stated this clearly in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a.that have been created by the seller in accordance with the buyer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. of which the buyer has broken the seal.
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the seller can offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the seller has stipulated this and:
a.these are the result of statutory regulations or provisions; or
b. buyer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typing errors, the seller is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
- The seller guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the seller, manufacturer or importer does not affect the legal rights and claims that the buyer can assert against the seller on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the seller in writing within 2 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- Buyer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the seller and / or have been treated on the packaging;
- The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
- The seller will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the buyer has made known to the company.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the buyer will be notified of this no later than 30 days after placing the order. In that case, the buyer has the right to terminate the agreement without costs. Buyer is not entitled to compensation.
- All delivery times are indicative. The buyer cannot derive any rights from any stated terms. Exceeding a term does not entitle the buyer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount that the buyer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the seller will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the seller.
- The risk of damage and / or loss of products rests with the seller until the moment of delivery to the buyer or a representative appointed in advance and made known to the seller, unless expressly agreed otherwise.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the buyer must be paid within 14 working days after the start of the reflection period as referred to in article 6 paragraph 1.
- The buyer has the duty to report inaccuracies in provided or stated payment details to the seller without delay.
- In the event of non-payment of the buyer, the seller has the right, subject to legal restrictions, to charge the reasonable costs made known to the buyer in advance.
Article 13 - Complaints procedure
- The seller has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the seller fully and clearly described within 7 days, after the buyer has discovered the defects.
- Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will reply within 14 days with a confirmation of receipt and an indication when the buyer can expect a more detailed answer.
- In case of complaints, a buyer must first turn to the seller. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr).
- A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
- Complaints never give the buyer the right to suspend payments.
- If a complaint is found to be justified by the seller, the seller will, at its option, either replace or repair the delivered products free of charge.
Article 14 - Intellectual property rights
- Everything on this website, including but not limited to images, texts, photos, designs, icons and illustrations, with the exception of everything that is already protected under a pre-existing copyright or other intellectual property right, is the property of the seller and / or its owners. or (business) partners.
- The prior written consent of the seller is required if you wish to reproduce, publish, change, upload, send (by post), distribute or in any way make public anything from this website.
- The trademarks and logos used and depicted on this site are trademarks of seller and others.
- Nothing on this site shall be construed as permission, implied or otherwise, as a license or right to use any trademark of or displayed on this site, without the prior written consent of the owner of that trademark.
- Users may only view and / or download the material from this site for personal, non-commercial private use. The seller will use all legal possibilities to protect its intellectual property rights.
- All rights that are not explicitly granted to third parties in these conditions are expressly reserved to the seller.
Article 15 - Disputes
- Agreements between seller and buyer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the buyer lives abroad.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the buyer and must be recorded in writing or in such a way that they can be stored by the buyer in an accessible manner on a durable data carrier.