Terms and Conditions
Article 1: General
The general terms and conditions apply to all our transactions, irrespective of whether it concerns purchase and sale agreements or other agreements, if and insofar as these terms and conditions have not been explicitly deviated from in writing, the person who wishes to conclude or conclude an agreement with us, hereinafter referred to as "buyer". General purchasing conditions that the customer uses do not bind us unless and insofar as we have explicitly accepted them in writing. Accepting our order forms or invoices means accepting our sales conditions.
Article 2: Offers
Our offers are always without obligation.
Article 3: Return Right
3.1 You have the right to cancel your order up to 14 days after receipt without giving a reason. After cancellation you have another 14 days to return your product. If the product is faulty or damaged you will be credited with the full order amount excluding shipping. Only the costs for return from your home to the web store are for your own account. If you make use of your right of withdrawal, the product with all accessories supplied and - if reasonably possible - in the original condition and packaging will be returned to the entrepreneur. To exercise this right you can contact us via email@example.com. We will then refund the order amount due within 14 days after registering your return, provided that the product has already been received in good order.
3.2 We always ask you to send a form with a return letter stating what exactly is wrong. When the shipment reaches us we will contact you and take further steps in the process. Please note that we reserve the right to approve a return shipment or not. If it concerns a refund, it will be processed immediately after approval of the return shipment, you will also be notified immediately. Goods can also be exchanged. If we determine that the goods have been damaged by the buyer or a value reduction has occurred, the return shipment will be sent back to the buyer, and no further steps will be taken.
3.3 Returns without notification of return or return number / order number can be refused and are sent return sender. The costs incurred for this will be settled.
3.4 For returns that are damaged, returned late or without data, an administration fee of € 25 excluding VAT will be charged.
3.5 Packages that are returned for which we have to pay "cash on delivery" are immediately refused. If successful delivery nevertheless takes place, all costs including the administrative fee of € 25 excluding VAT will be charged.
3.6 Products that cannot be returned are:
- Customization (suitcases, brackets, upholstery, fabric cut to size, etc.).
- Products that cannot be returned due to their condition (damage).
- Products for which the required accessories are missing.
- Shoes / Clogs that contain traces of wear.
Article 4: Warranty
4.1 All lighting that is purchased has a legal guarantee.
4.2 Products that do not function properly shortly after purchase are exchanged or credited properly.
Article 5: Insurance for damage caused by transport
Courier shipments, as known by DPD , are insured up to ± € 500 ex VAT. You can also insure your package for a higher value. For this you can always contact us in writing by email: firstname.lastname@example.org. When mentioning damage / defects in courier shipment, we always ask you to send photos of the contents, the packaging and the shipping label. The goods and packaging in question must be kept during the investigation process.
Shipments by packages / pallet / crate etc, or larger deliveries made by carrier, are covered by CMR insurance. This means that the customer is responsible for checking the goods upon receipt before signing the freight documents. In the event of any damage / defects, you must sign the freight documents stating the relevant damage / defects, stating: "Subject to change."
Paying out the damage or replacing the product in the case of large shipments can take 2-3 months. For small packages 1-3 months. Nevertheless, we always try to solve the problem as quickly as possible.
If the customer does not follow this procedure, this can lead to the termination of the insurance agreement and this is irrevocable.
Article 6: Shipment
6.1 CMR insurance
For deliveries to transport companies by CMR, the CMR insurance applies, ie when there are no comments on delivery stated on the CMR. Do not enjoy this insurance. For the insured amounts of the cmr insurance it is best to contact us by email.
Article 7: Prices
If after the date of the offer or after the conclusion of the agreement the material prices of goods undergo an increase, then we are entitled to increase the agreed price or prices accordingly and the customer is obliged to pay the increase or the increases. We also have the right to terminate the agreement.
Article 8: Delivery Time
The delivery time of most of our products is 1 to 5 business days. This does apply to goods that are in stock. Goods that have to be ordered from the supplier require a longer delivery time. If the delivery time indicated is exceeded, we ask you to contact us. We may also be unable to meet our delivery time due to unexpected circumstances (for example due to force majeure).
Article 9: Beyond Control
Beyond control is understood to mean business disruption of any kind, such as a strike, transport difficulties or the refusal to comply with an agreement between us and our suppliers. If we foresee that as a result of beyond control the agreement we have entered into could not be met at all, we have the right to declare the agreement dissolved or to suspend compliance with our obligation, in both cases without one of the parties can claim compensation.
Article 10: Package
Packaging will be charged at a cost price. Packaging of goods from abroad will never be taken back.
When you choose our shipping insurance, you are protected for this.
Always check the label with your name upon receipt. Also look for visual damage. You can always report this to the shipping party using the package number.
Article 11: Reserves
In the event of hidden defects, the comment and / or reserves with regard to a specific shipment or delivery must be made in writing within 8 days following the date of receipt or delivery, on pain of forfeiture of rights. In the case of visible defects, immediate protest must be made.
Article 12: Liability
In all cases where our responsibility can be withheld, it will be limited according to our own choice, to the replacement of the defective merchandise or its equivalent at the time of sale. Our responsibility is strictly and completely excluded for all damage caused by the delivered or sold merchandise to persons, goods; movable or immovable.
Article 13: Images, models, and so on
All images, samples, drawings or other documents provided by us to the customer for the purpose of order or offers remain our property. The customer is forbidden to hand over or show any image, sample, drawing or other document to a third party, including a competing company, without our prior written permission. By accepting our goods and / or our invoice, the customer confirms the existence and acceptance of our rights to the "models", in the broadest sense of the word.
Article 14: Retention of title
14.1 The ownership of the delivered goods is transferred to the customer after he has fulfilled all his obligations to us under the agreement and these general terms and conditions. Until that time, he will hold the goods for us, on the understanding that all risks of damage or destruction of the good or damage caused to the good by the buyer or a third party will be borne by the buyer from the day of delivery.
14.2 Repossession in the event of non-compliance with the obligations takes place at the expense of the customer. The buyer hereby expressly authorizes us to enter the place and / or places where the goods and / or goods are located.
14.3 In the event of a change in the solvent capacity of the buyer, the seller also reserves the right to immediately take back the goods already delivered under the same conditions mentioned above.
14.4 For the Netherlands, the system of extended retention of title automatically applies, all legal benefits remain at the disposal of the seller.
14.5 If the merchandise has not yet been delivered or only partially, the seller retains the right, without prior notice of default, to declare the sale void or to demand all possible guarantees he deems necessary for the fulfillment of the customer's obligations.
Article 15: Payment
15.1 After payment, an electronic invoice is usually sent to the specified e-mail address on the web shop, or it is sent by post to the specified address of the customer. The receipt of the invoice is legally and in accordance with art. 1139 b.w. as a notice of default without any deed being required and only by the expiry of the term.
15.2 In the event that the payment does not follow within 8 days after sending a registered reminder, the debtor is obliged to apply Article 1147 b.w. to pay compensation, conventionally and irrevocably set at 20% of the unpaid amount, with a minimum of 40.00 euros. In addition, interest is legally due at 1.2% per month from the due date of the invoice. The place of payment is our visiting address in Herentals.
15.3 We reserve the right to demand immediate payment of all amounts stated on our invoices. In the same way we can according to art. 43 of the bill of exchange bills enforce our rights to immediate payment before the bill expires in the event that the party concerned, acceptor or not, is in a state of payment suspension or apparent inability, will be legally considered to be in such condition the person concerned who has had a bill of exchange, which has previously expired for our benefit, protested or did not pay such bill of exchange on the due date.
15.4 You can order on invoice via our webshop for the countries Belgium, the Netherlands & Germany. This means that after checking the address with the VAT number your order will be sent in confidence. We use a payment of 14 days for this. For this service we charge an amount of € 5 ex VAT on the invoice amount per order. If the payment is not made within 30 days, we will take the necessary legal steps to collect this amount.
Article 16: Advertisement; Guarantee
16.1 Used goods are only sold and delivered in the state in which they were on the day of the offer, or have been viewed by the buyer, without any guarantee from us; any claim for termination and / or compensation is excluded.
16.2 Goods not covered by the term "used goods" are sold by us and delivered under warranty against material and construction defects. If we have obtained a guarantee from our manufacturer that has a broader scope than the aforementioned guarantee against material and construction defects, we will only be obliged to invoke this further guarantee towards our supplier / manufacturer. Any claim on goods not covered by the term "used goods" must be made in writing within fourteen days of the delivery date. Any right to guarantee has expired if this period is exceeded. If, in our opinion, the customer also rightly relies on a material and / or construction defect, we will only be obliged to repair this material and / or construction defect, at our expense.
16.3 The claim for termination of the agreement and / or compensation is expressly excluded. By virtue of any complaint, the customer may refuse payment of the agreed price in whole or in part.
Article 17: Applicable Law
All our agreements, including those with foreign buyers, are exclusively governed by Belgian law.
Article 18: Disputes
All disputes fall, without exception, exclusively within the jurisdiction of the courts of Turnhout or the justice of the peace of the first canton in Turnhout.