Terms and Conditions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Reflection time: the period within which the buyer can exercise 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 agreement with the seller;
- Day: calendar day;
- Sustainable 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 possibility for the buyer to cancel the distance agreement within the cooling-off period;
- Seller: the natural or legal person who offers copper products and / or services at a distance;
- Distance contract: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the seller, use is made, up to and including the conclusion of the agreement, of one or more techniques for distance communication;
- Technology for remote communication: means that can be used to conclude an agreement, without the buyer and seller coming together in the same room.
- Terms and Conditions: the present General Terms and Conditions of the seller.
Article 2 - Identity of seller
0473-27 32 43
VAT number: BE 0686.853.238
Article 3 - Applicability
- These general terms and conditions apply to every offer from seller and to every distance agreement and orders between seller and buyer.
- Before the distance agreement is concluded, the text of these general terms and conditions is 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 they will be sent free of charge as soon as possible at the request of the buyer.
- If the distance contract is concluded electronically, contrary to 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 the buyer can easily can be stored on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge 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 may always invoke 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 invalid or become void, the rest of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that as much as possible of the original.
- Situations that are not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.
Article 4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The seller is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer.
- All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images for 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 shipment;
- the manner 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 period for accepting the offer, or the period within which the seller guarantees the price;
- whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the buyer;
- the way in which the buyer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore it;
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time 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 terminate the agreement.
- Agreements only come into being after the seller has assessed the feasibility of an order or other assignment. The seller has the right, stating reasons, not to accept orders or orders or to accept them solely on the condition that the shipment takes place 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 he will ensure a safe web environment. If the buyer can pay electronically, the seller will take appropriate security measures.
- The seller can - within the law - inform itself if the buyer can meet his payment obligations, as well as of all those facts and factors that are important for a sound 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 or to attach special conditions to the execution.
- The seller will send the following information to the buyer with the product or service, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable medium:
a. the visiting address of the seller's location where the buyer can lodge complaints;
b. the conditions under which and the way in which the buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
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 performance of the agreement;
- Every 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 for 30 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the buyer or a representative designated in advance by the buyer and announced to the seller.
- The buyer will handle the product and the packaging with care during the cooling-off period. 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 supplied 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 make this known to the seller within 30 days of receipt of the product. After the buyer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 30 days. The buyer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If after 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, respectively. the product has not 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 will be for his account.
- If the buyer has paid an amount, the seller will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the buyer unless the buyer gives explicit permission for a different payment method.
- In the event of damage to the product due to improper handling by the purchaser himself, the purchaser is liable for any depreciation of the product.
- When (partly) consuming a consumable product, the buyer is held to a possible depreciation of the product.
Article 8 - Exclusion of the right of withdrawal
- The seller can exclude the right of withdrawal of the buyer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has clearly stated this 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 were established 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 validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the seller can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the seller has no influence. 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. they are the result of statutory regulations or provisions; or
b. the buyer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range 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 case 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 and / or existing provisions on the date of the conclusion of the agreement. or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use.
- A guarantee provided by seller, manufacturer or importer does not affect the legal rights and claims that buyer can assert against seller under the agreement.
- Any defects or incorrectly delivered products must be reported in writing to the seller 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 factory 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 modified the delivered products himself or had them repaired and / or modified by third parties;
- The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the seller and / or have been treated on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has or will set 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 about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the buyer has agreed to a longer delivery period. If the 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 he has placed the order. In that case the buyer has the right to terminate the agreement without costs. The buyer is not entitled to compensation.
- All delivery times are indicative. The buyer cannot derive any rights from any specified periods. Exceeding a term does not entitle the buyer to compensation.
- In the event of termination 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 within 14 days after termination.
- If delivery of an ordered product appears to be impossible, the seller will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account 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 designated 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 immediately report any inaccuracies in payment data provided or stated to the seller.
- In the event of a default on the part of the buyer, the seller has the right, subject to legal restrictions, to charge the buyer reasonable costs that have been made known to the buyer in advance.
Article 13 - Complaints
- The seller has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to the seller 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 respond within the period of 14 days with a message of receipt and an indication when the buyer can expect a more detailed answer.
- In the event of a complaint, a buyer must first turn to the seller. It is also possible to report 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 of its choice or the delivered products will be replaced or repaired 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 all that is already protected under an existing copyright or other intellectual property right, is the property of the seller and / or its owners or (business) partners.
- Prior written permission from the seller is required if you want to reproduce, publish, change, upload, send (by post), distribute or in any case publish something from this website.
- The trademarks and logos used and displayed on this site are trademarks of seller and others.
- Nothing on this site can be seen or interpreted as permission, implied or otherwise, as a license or right to use a trademark of or displayed on this site, without prior written permission from the owner of that trademark.
- Users may only view and / or download the material from this site for personal, non-commercial private use. Seller will use all legal options to protect its intellectual property rights.
- All rights that are not explicitly granted to third parties in these conditions are expressly reserved for 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 different provisions
Additional or different provisions to 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 the buyer can store them in an accessible manner on a durable medium.