General terms and conditions of sale
Name: Brasuco , bvba Nousch Az-art
Address: Dendermondesteenweg 839B - 9070 Destelbergen - Belgium
E-mail address: email@example.com
Telephone number: +32 (0)496 30 68 78
VAT number: BE0829 948 826
I. Terms and conditions for online purchases
Article 1 – Subject and scope of application
- 1. These General Terms and Conditions of Sale set out the rights and obligations of the parties in relation to the sale of products via the Website at http://www.davelli.be, available at the following address: estingstraat 9 - 2018 Antwerpen - Belgie Belgium. These General Terms and Conditions govern the sale of products at the Website only.
- 2. The General Terms and Conditions are entered into, on the one hand, between the company/natural person Brasuco(VAT BE0829 948 826), whose registered office is situated at estingstraat 9 - 2018 Antwerpen - Belgie Belgium, referred to hereinafter as the “Vendor” and, on the other hand, any person wishing to view the Website and to conduct a purchase at the Website, referred to hereinafter as the “Customer”. Together, the Customer and the Vendor are collectively called the “Parties”. The Parties agree that their relations are governed exclusively by these General Terms and Conditions, except where expressly agreed otherwise.
- 3. Any order for a Product or service that is offered at the Website assumes the prior consultation and express acceptance by the Customer of these General Terms and Conditions, however without this acceptance being linked to a written signature from the Customer. In accordance with the statutory provisions that apply in Belgium in relation to electronic signatures, the Vendor may consider the Customer’s order placed via the terms and conditions provided (see article 2.3) through an electronic signature that has the same effect as a handwritten signature and with the contractual consequences arising therefrom.
- 4. Any Customer who orders a Product on the Website must have full authority in law to do so.
- 5. The Vendor reserves the right to modify the General Terms and Conditions and to make the new version thereof available to Users via the Website.
Article 2 – Protection of privacy
Brasuco as a company emphasises its commitment to respect its commitment to carefully respect the trust that you have placed in it and in so doing to apply the statutory obligations in relation to the protection of privacy. For that reason you, as a Customer, have a right to access, amend, enhance and delete the data that relates to you. You may exercise that right by contacting us in writing at estingstraat 9 - 2018 Antwerpen - Belgie , Belgium, by e-mail to this address: estingstraat 9 - 2018 Antwerpen - Belgie or by telephone by calling 0496 30 68 78
Article 3 – Terms and conditions for online purchases
- 1. Purchase price of the Product or Service
The price of each Product or each Service sold at the Website, is stated in Euro, VAT included. This price excludes delivery charges, which will be borne by the Customer. Products will be invoiced based on the price in effect at the time that the order is confirmed, even if the Vendor modifies its prices subsequent to the sale.
- 2. Delivery charges
When placing the Order, the Customer undertakes to pay the delivery charges in addition to the Purchase Price. These charges will be invoiced based on the rates in effect at the time of the confirmation of the order, even if these charges are modified subsequent to the purchase. These charges will not be reimbursed to the Customer if the Customer returns its Order pursuant to its right of retraction or the statutory warranties, as stated in article 6 and article 7 of these General Terms and Conditions.
- 3. For an order to be fulfilled, the Customer is required to fill in the order form made available to it at the Website, to send an e-mail to firstname.lastname@example.org or to place its order by telephone; these are the methods by which the Customer will also provide the information required for the transaction. The Vendor is not liable for the consequences that arise from providing incorrect information. By placing an order, the Customer accepts these General Terms and Conditions in their entirety. The Customer also undertakes to pay the total amount owed in full.
- 4. The data stored by the Vendor constitutes proof of the contractual relationship that exists between the Parties.
- 5. The Vendor reserves the right to cancel any order or any delivery in the event of a dispute existing with the Customer, non-payment of the total amount or part of a previous order, or refusal by the banking institutions to accept payment by credit card. If this should be the case, the Vendor’s liability cannot be invoked.
- 6. The Customer may cancel its order on condition that the order has not been shipped. If this is the case, the order will be cancelled with immediate effect. The request for payment will also be cancelled if the payment has not yet been made. If the Vendor has already received the payment, the Purchase Price will be reimbursed to the Customer in full. Once the products ordered have been delivered, the Customer can no longer cancel the order, although the Customer may exercise its right of retraction (see article 6).
Article 4 – Terms of payment
- 1. The Customer can select from various methods of payment in order to pay for its Purchases:
- by credit card, such as Visa, MasterCard or American Express
- by Bancontact
- via PayPal.
- 2. The validity of the payment will be confirmed (or not) after verification with the issuing bank. If the payment is confirmed, the transfer of fund will take place in line with the terms and conditions agreed with the banking institution that issued the card. The Product(s) will remain the property of the Vendor until such time as the full payment has been received by the Vendor.
- 3. Liability
The Vendor’s liability cannot be invoked for inconveniences or damage inherent to use of the Internet (such as a computer virus).
Article 5 – Shipment and delivery lead-times
- 1. Delivery of the Product(s) that are the subject of the transaction will be carried out by the Vendor, anywhere in Belgium. The Vendor will make every effort to ensure that the Order is shipped to the address indicated by the Customer, within a few days of confirmation of the Order. The party providing carriage will present itself at the address indicated by the Customer between 8.00 am and 6.00 pm on working days and will hand over the package to the addressee or to any other person who is present at the address indicated. In the event of no one being present at the address, a message will be left in the person’s letterbox, with information about the procedure to be followed. It is then the responsibility of the Customer to collect its package or to contact the party providing carriage to arrange a new method for delivery of the package. If the Customer does not arrange a new delivery within a period of 2 weeks after the Order first arrives, or if the Customer is again absent when this second delivery is made, the Order will automatically be sent back to the Vendor. If this should be the case, additional delivery charges may be claimed from the Customer.
- 2. Any delivery will be deemed to have been completed in full once the Product has been received by the Customer, with the risk being transferred to the Customer. Proof of receipt will be supplied by the party providing carriage.
- 3. On receiving the package, the Customer must check on the quality of its purchase. The Customer has the right to make any complaints under its right of retraction or the statutory warranties, as stated in article 6 and article 7 of these General Terms and Conditions. The Customer may also decline to take delivery of the package if it has clearly been opened of if there are obvious signs of damage to the package that are attributable to negligence during delivery. In this latter case, the complaints must be notified to the vendor within three working days of the package being delivered.
Article 6 – Right of retraction and returns procedure
- 1. The consumer has the right to notify the company that it is declining its purchase, without payment of a penalty and without providing a reason, within a period of fifteen (15) calendar days, beginning from the day after the day on which the item was delivered or on concluding the service agreement in accordance with the provisions of the Act of 6th April 2010 regarding market practices and consumer protection. From the day on which the Customer expresses an intention to send back all or part of its Order, the Customer has a period of 10 calendar days to send the Products back to the Vendor. If this period if not complied with, the Customer will relinquish its right of retraction and the order will be considered as being final.
- 2. Returns to the Vendor will be sent to the following address: 3 Poelstraat, 3650 Stokkem, Belgium. The Customer may choose the method of delivery, but must be aware that the costs and risks associated with the return of the package will be borne by the Customer and that it must retain proof of despatch.
- 3. Should the Customer exercise its right of retraction, the Vendor undertakes, after inspecting the returned items (see article 6.5.), to return the Purchase Price to the Customer at the latest within thirty (30) calendar days from the Vendor received the returned package. Delivery charges are not included.
- 4. Reimbursement process
If the Customer has paid for its Order by credit card, a credit will be made to the credit card used by the Customer to the value of the Purchase Price of the returned items. Reimbursement to the Customer will be on the terms agreed with the bank issuing the card. If the Customer has paid via a different payment method, the reimbursement will be made via a transfer to the account number provided to the Vendor. The Vendor declines any liability in the event of invalid reimbursement caused by the incorrect provision of the account number by the Customer.
- 5. The Customer will not be able to exercise this right of retraction if the Products delivered have clearly been used, soiled and/or damaged, or if there are parts missing. The Product(s) must be sent back in their original packaging, along with all associated documents and accessories. If the items sent back are not accepted for the reasons set out above, the Customer must take them back without reimbursement.
Article 7 – Statutory warranty
- 1. Insofar as the Customer has the capacity of a consumer and insofar as the product in question is a consumer goods item, the Customer will enjoy the statutory warranty for any defect corresponding to the products supplied, in accordance with current Belgian legislation and for a period of two years from the time of delivery. Any defect that is established within a period of 6 months will be deemed as an original defect. After this period of 6 months, the Vendor may, if the circumstances are appropriate, dispute the fact that the lack of conformity was already present at the time the product was delivered. If the terms of the warranty are fulfilled, the Customer may demand the replacement of the item in question, at no additional cost, within a reasonable period of time and in line with the availability of comparable items, or reimbursement of the Purchase Price. The Vendor reserves the right to refuse the exchange or reimbursement of the item under warranty if it appears that the item has not been used in accordance with the instructions or in the event of misuse by the Customer.
- 2. Contrary to the right of retraction (see article 6), the Vendor will reimburse the Customer for the return charges of the items for which the Customer has invoked the statutory warranty on condition that the return despatch is carried out by the party providing carriage selected by the Vendor and that the item in question can be exchanged or reimbursed (see article 7.1). In the case of an exchange, the cost of delivery will also be borne by the Vendor.
Article 8 – Disputes
- 1. These General Terms and Conditions are subject to Belgian law. Any dispute for which an amicable resolution cannot be found will come under the sole jurisdiction of the judicial district VAT .........................
- 2. Correspondence exchanged between both Parties, kept by the Vendor, will be considered as evidence that may be taken into consideration.
- 3. These General Terms and Conditions constitute a contractual whole between both Parties. We make every effort to update these General Terms and Conditions in line with any changes to Belgian legislation that may have an impact on these General Terms and Conditions. However, it may happen that one or more articles from these General Terms and Conditions, as the result of a law or final ruling by a court with jurisdiction, may be declared null and void. In such a case, the other terms and conditions will nevertheless retain their full effect.