SOME GENERAL TERMS AND CONDITIONS FOR USAGE OF THIS WEBSITE
If you are using this website, you are using this website. If not, no problem.
If somebody says you are using this website, you can decide for yourself if you are.
GENERAL TERMS AND CONDITIONS FOR ONLINE SALE
1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") lay down the rights and obligations of the parties in the context of the sale of products / services (hereinafter referred to as the "products / services") via the website www.steinterbraak.com (hereinafter referred to as "the" site "). The GC regulate every sale of products / services through the site.
1.2 The GTC are entered into between, on the one hand, Stijn ter Braak, Victor Despallierstraat 11, email@example.com, 0032487679108 (name, address, e-mail, telephone), affiliated with the non-profit organization VERENIGDE PRODUCTIES VZW, VAT number BE 0896.755.397 , located at 72 Coenraetsstraat, 1060 Brussels, Belgium, hereinafter referred to as "the seller", and on the other hand the person placing an order, hereinafter referred to as "the buyer". The buyer and seller are hereinafter collectively referred to as the "parties".
1.3 Any order implies the prior consultation and express acceptance of the GTC by the buyer, without this acceptance being dependent on a handwritten signature from the buyer. In accordance with the provisions of the law of 9 July 2001 laying down certain rules related to the legal framework for electronic signatures, the approval of the order form is an electronic signature, which has the same value between the parties as a handwritten signature and which serves as proof of the completeness of the order.
1.4 The buyer declares to have full legal capacity.
2. THE PRODUCTS / SERVICES OFFERED FOR SALE
The products / services offered for sale are the products / services listed on the site, with a description of their main characteristics, on the day and at the time that the buyer consults the site, and while supplies last. The seller uses all reasonable means to display the availability of the products / services in real time on the site and cannot be held liable if a product is no longer available. If one of the ordered products / services is not available, the buyer will be informed of this and will have the option to change or cancel his order.
The purchaser is aware that all products for sale in the "My Stuff" series are made with artistic intent and, although based on original objects, do not correspond in any way to these originals and their functional properties.
3. DISPLAYED PRICES OF PRODUCTS / SERVICES
3.1 The price of each product is displayed on the website in euros and includes VAT. This price is valid in the countries for which delivery is possible and does not include the costs for preparation and delivery, which are borne by the buyer, and does not include the deduction of discounts or gift vouchers granted to the buyer. The seller reserves the right to change its prices at any time, but the products / services will be billed based on the purchase price in effect at the time of the order.
3.2 When placing an order, the buyer undertakes to pay, in addition to the purchase price, the costs of preparation and delivery (hereinafter the "costs"). These costs vary depending on the type and quantity of products / services ordered and the chosen delivery method, and include VAT. The buyer can consult the amount of these charges on the site in his "shopping cart", where a calculation is displayed of the total amount corresponding to the purchase price. The seller reserves the right to change the amount of change the costs at any time, but the costs will be billed at the rates in effect at the time of the order, these costs will remain due and will not be refunded if the buyer cancels the order.
3.3 The products / services are only delivered in the countries for which the site accepts delivery. Any incorrect delivery address is the buyer's responsibility and may incur additional charges. The stated delivery times are not binding, but purely indicative. A delay in delivery cannot lead to the payment of compensation to the buyer. The seller has the right to make partial deliveries. In case of non-delivery of the goods, any sums paid by the buyer will be refunded, without interest or compensation.
4. ORDER CONDITIONS
4.1 To place an order, the buyer must fill in the order form available on the site, which contains the information necessary to identify him, in particular his name, first name and delivery address. The buyer hereby declares that he fully and without reservation accepts the GTC and undertakes to pay the amount due in full. The seller cannot be held liable for the consequences of providing incorrect information.
4.2 The seller will confirm the order by e-mail with the following information:
1 ° the main characteristics of the ordered goods or services;
2 ° the identity of the seller, including his company number and trade name;
3 ° the geographic address of the seller and his telephone number and e-mail address;
4 ° the total price of the goods or services, including all taxes and all additional freight, delivery and any other costs;
5 ° the method of payment, delivery and performance and the period within which the company undertakes to deliver the goods or to provide the services;
6 ° the seller's complaint handling policy;
7 ° the conditions, the term and the modalities for exercising the right of withdrawal;
8 ° the cases in which the buyer does not have a right of withdrawal, as determined in art. 7 of the AV;
9 ° the existence of a guarantee of conformity of the goods for a period of two years (one year for second-hand goods), as determined in articles 1649bis to 1649g of the Civil Code, and of a guarantee for hidden defects, as determined in Articles 1641 to 1649 of the Civil Code, and in Article 10 of the AV;
10 ° the possibility of using the online dispute resolution platform to find an amicable settlement.
11 ° if necessary, the existence and conditions of after-sales assistance to the consumer, after-sales services and commercial guarantees;
12 ° if applicable, the existence of relevant codes of conduct and how copies thereof can be obtained;
13 ° if applicable, the duration of the agreement or, if the agreement is of indefinite duration or is automatically renewed, the conditions for terminating the agreement;
14 ° if applicable, the minimum duration of the consumer's obligations;
15 ° where appropriate, the existence and conditions of deposits or other financial guarantees to be paid or provided by the buyer;
16 ° if applicable, the functionality of digital content, including applicable technical security provisions;
17 ° where applicable, the relevant interoperability of digital content with hardware and software of which the seller is aware or should reasonably be aware of.
The data recorded by the seller and the order confirmation constitute proof of the contractual relationships between the parties.
4.3 The seller reserves the right to refuse or cancel an order or delivery in the event of an existing dispute with the buyer, incomplete payment of a previous order, refusal of payment by credit card by banking institutions or for any other valid reason . In this case, the seller cannot be held liable under any circumstances.
5. PAYMENT TERMS
5.1 Payment for purchases must be made via a credit card of the Visa or MasterCard type, or via a different payment method, agreed between the buyer and the seller.
5.2 The ordered products remain the property of the seller until the purchase price and the costs stated in the order have been paid in full.
6.1 Delivery is made by the seller worldwide / in Europe. Any taxes and import duties are borne by the buyer.
6.2 The order will be delivered to the address specified by the buyer.
6.3 For a delivery in Belgium, the seller will endeavor to ensure that the order is sent to the delivery address within 30 working days after confirmation of the order and receipt of payment. The deliverer will come to this address between 08:00 and 18:00 on working days, and hand over the package or packages to the addressee or another person present at the specified address. In case of absence, a notice will be left at the delivery address. The buyer must then contact the delivery person to arrange a new delivery date to the same address, or a new delivery date to a different address, or a collection at the nearest post office. Otherwise, the order will be automatically returned to the seller within 15 days of notification by the delivery person or if the buyer is absent on the new delivery, who will contact the buyer to schedule a new delivery of the order. In this case, additional shipping costs may be billed to the buyer.
6.4 For a delivery outside Belgium, the seller will endeavor to ensure that the order is delivered within a period of 45 days for the European Union and 60 days for countries outside the European Union, after confirmation of the order. The terms of delivery are determined by the postal administrations of the country concerned.
6.5 If the buyer has chosen the delivery person, the buyer bears the risk as soon as the ordered products have been handed over to the delivery person. The control system used by the company delivering the package provides proof of posting.
6.6 Upon receipt, it is the buyer's task to check the ordered goods and, if necessary, make reservations and submit a complaint or refuse the package, if the package has been opened or if it shows obvious signs of damage. If there are complaints after receipt of an order, this must be reported on…. @ ......, subject “Complaint delivery”, with supporting pictures, within 48 hours of receipt of the order.
7. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS
7.1 The purchaser has the right to cancel the purchase, without payment of a fine and without giving reasons, within fourteen (14) calendar days after delivery, in accordance with the Belgian Code of Economic Law.
Within this period, the buyer must inform the seller of his intention to exercise his right of withdrawal in the following manner:
e-mail to firstname.lastname@example.org, stating the name and first name of the buyer, a detailed description of the item concerned, the item number and the date of the invoice
using the form on the site of the FPS Economy.
7.2 The goods must be returned to the address stated on the package, unless otherwise stated to the buyer, who must keep the proof of dispatch.
Victor Despallierstraat 11
7.3 If the buyer wants to exchange the goods for an exchange, he must state this in the e-mail. The seller will then inform him of the availability of the item and of the surcharge or partial refund to be paid.
7.4 All costs and risks associated with the return of goods are at the expense of the buyer.
7.5 If the buyer exercises his right of withdrawal and returns the goods no later than fourteen (14) days after the notification of his decision to withdraw according to the conditions agreed in the previous paragraphs, the seller undertakes to pay the purchase price to the buyer upon receipt of the goods by the seller.
7.6 In the event of a refund for returned products / services, the seller will credit the credit card used to pay for these products / services with an amount equal to their purchase price, less the amount of the gift cards or discounts at the order. The buyer's reimbursement will be made according to the terms and conditions agreed with the banking institution that issued the card.
7.7 The buyer cannot exercise his right of withdrawal if the goods have been used or damaged, or if parts are interrupted or the labels have been removed.
7.8 The products must be returned in good condition, well protected, in their original packaging, in perfect resale condition, accompanied by any accessories, instructions, etc. Otherwise they cannot be taken back or exchanged.
7.9 Customized or personalized products or services cannot be returned or exchanged.
7.10 The returned products that cannot be accepted by the seller remain at the disposal of the buyer. The buyer is obliged to pay the price. In case of abnormal or unlawful returns, the seller reserves the right to refuse any subsequent order.
7.11 The seller states on his site the conditions, the term and the modalities for exercising the right of withdrawal and the model form for exercising that right.
7.12 Possible existence and conditions of assistance or after-sales service or commercial guarantee.
8. PROTECTION OF PRIVACY WITH REGARD TO BUYERS PERSONAL DATA
8.1 The seller collects personal data about the buyers, which is provided to him on the site or by e-mail. He undertakes not to disclose this information to third parties. These are confidential. They will only be used by its internal services for the processing of orders, to improve and personalize communication, in particular for sending newsletters and in the context of the personalization of the site according to the preferences of the buyers, or for checking their creditworthiness.
8.2 The seller does not sell or rent the information about the buyers to third parties. In case of transfer to or use of personal data by third parties, the seller undertakes to inform the buyer in advance so that he can oppose this. The seller may also provide statistics about its buyers, sales, trading patterns and information on its site to third parties, but these statistics will not include personal information. However, this article cannot prevent the transfer of business to a third party.
8.3 The seller does not store the personal data longer than necessary to achieve the purposes for which the processing is carried out. To determine the appropriate duration, the quantity, nature and sensitivity of the personal data, the purposes for which the data are processed and the possibility of achieving these purposes in other ways are taken into account. The need to comply with all legal and regulatory obligations is also taken into account. If the data is no longer needed, it will be destroyed.
8.4 Insofar as the legal conditions are met, the buyer has the right:
to ask the seller whether he has personal data, which data and what they are used for;
to gain access to his data and to have it corrected if necessary;
to demand that his data be erased or that the seller restricts its processing;
file a complaint with the Data Protection Authority.
The buyer can exercise his rights by sending a dated and signed request to Victor Despallierstraat 11, 2900 Schoten, Belgium or to email@example.com, with a copy of his identity card (for security reasons). If the request is manifestly unfounded, the request may be refused and a reasonable fee may be charged.
The seller only enters into a best efforts obligation for access to the site, the order, the delivery and possible subsequent services. The seller cannot be held liable for inconveniences or damage resulting from the use of the internet, such as an interruption of the service, an external intrusion or the presence of computer viruses, or any other case of force majeure. In any case, the seller's liability is limited to the amounts paid or payable for the order giving rise to its liability.
10. WARRANTY OF CONFORMITY
The products / services are covered by the legal guarantee of conformity, as stipulated in articles 1649bis to 1649ocs of the Civil Code, and the legal guarantee against hidden defects, as stipulated in articles 1641 to 1649 of the Civil Code. Among other things, the buyer has the right to demand from the seller the repair or free replacement of products / services showing a lack of conformity, for two years (one year for second-hand goods) from delivery, provided that the requirement is within the is submitted two months after the discovery of the defect. If the buyer identifies the defect within the first six months, the seller is liable unless he can prove that the defect is due to misuse by the buyer. If the buyer finds the defect later, the seller can ask him to prove that the defect already existed at the time of delivery.
11. INTELLECTUAL PROPERTY
Site content and underlying technology may be protected by copyright, trademark or other intellectual property law. The buyer may place a simple link to the seller's site on his own site. However, hyperlinks using framing, in-line or deep linking are not allowed. In any case, any link should be removed at the simple request of the seller.
12. CONTACT WITH THE SELLER
The buyer can contact the seller via the contact form in the “Contact” section or via the e-mail address firstname.lastname@example.org.
13. NULLITY AND INTEGRALITY
If one or more provisions of the GTC would be invalid, this will not affect the validity of the other provisions.
The computerized registers, kept in the computer systems of the seller and his partners, are accepted as proofs of the communication, orders and payments between the parties. In the context of their relationships, the parties accept electronic means of evidence such as emails and backups.
The seller reserves the right to change the GTC and will communicate the new version to the buyer via the site.
16. APPLICABLE LAW AND COMPETENT COURTS
Belgian law applies. In the event of a dispute, an amicable settlement will be sought before legal action is taken. The seller and buyer can also use the online dispute resolution platform. In the absence of an amicable settlement, the courts of the district of Brussels have jurisdiction.