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General terms & conditions
General Terms and Conditions deverfwebshop - V.01.03.22
ARTICLE 1 – The Entrepreneur’s identity
Schilderwerken-Binnenhuisinrichting De Witte bv
Telephone number: +32 3 778 29 40
E-mail address: [email protected]
VAT identification number: BE.0428.644.582
Banking account: KBC IBAN BE35 7360 1316 0237 - BIC KREDBEBB
Address in the Netherlands: PO BOX 357, 4560 AJ Hulst, The Netherlands
Hereafter mentioned as the Entrepreneur.
ARTICLE 2 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Entrepreneur: the legal person (as described in article 1) providing distance products and/or services to Customers;
- Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the Entrepreneur;
- Corporate Customer: the natural person or legal person exclusively acting in the exercise of his/her profession or business;
- Customer: referring to both Consumers and Corporate Customers;
- Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
- Technology for distance communication: a means to be used for concluding an agreement, without the Customer and the Entrepreneur being together in the same place at the same time.
- Withdrawal period: the period during which the Consumer may exercise the right of withdrawal;
- Right of withdrawal: the option for Consumers to withdraw from the distance contract within the Withdrawal period;
- Day: calendar day;
- Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
- Long-term data carrier: any means that allow the Customer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
ARTICLE 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Customer.
2. These General Terms and Conditions override the Corporate Customer's General Terms and Conditions, unless agreed upon otherwise by both parties.
3. Later adaptations or amendments to these General Terms and Conditions are only binding provided they are established in writing and explicitely accepted by both parties.
4. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Customer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Customer´s request, they will be sent to the Customer free of charge as soon as possible.
5. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Customer electronically in such a way that the Customer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Customer´s request free of charge, either via electronic means or otherwise;
6. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Customer may always appeal to the applicable provision that is most favourable to him/her.
ARTICLE 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Customer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Customer what rights and duties are attached to accepting the offer.
This involves in particular:
- the price, including taxes;
- any delivery costs, if applicable;
- the way in which the agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal (for Consumers) is applicable;
- the form of payment, delivery or performance of the contract;
- the time frame for accepting the offer, or, as the case may be, the time frame for honouring the price;
- the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after conclusion, how the Customer can consult it;
- the manner in which the Customer may acquaint him/herself with undesired actions before concluding the contract, and the way the Customer may correct these actions before the contract is concluded;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the Entrepreneur has submitted and the manner in which the Customer can consult these codes of conduct via electronic means, and
- the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
ARTICLE 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
2. If the Customer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may repudiate the contract.
3. The order is completed, and therefore the contract between the Customer and the Entrepreneur becomes binding, as soon as the Entrepreneur confirms the order via e-mail, and as soon as he has received the approval of the card issuer for a payment transaction by the Customer with credit or debit cards. The Entrepreneur accepts bank transfer, cash (only in-store), bancontact/Mister Cash, PayPal, iDeal, Klarna, Visa, Mastercard, the Belfius button and the KBC button. This list is non-binding and non-exhaustive. If the Customer's card issuer refuses the payment to the Entrepreneur, the Entrepreneur cannot be held responsible for any delay in delivery and/or non-delivery of the order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
4. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, the Entrepreneur shall observe appropriate security measures.
5. The Entrepreneur may, within the limits of the law, gather information about Customer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
6. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Customer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the Customer may get into contact for any complaints;
b. the conditions on which and the way in which the Customer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Customer with this information before the performance of the contract;
e.the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
7. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 – Right of withdrawal for Consumers
1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer. The Consumer may use this model form to excercise his right to withdrawal.
2. When providing services, the period in which the Consumer has the right to withdrawal, starts the day after the concluding of the agreement. The Consumer may explicitely grant the Entrepreneur permission to deliver the services, even before the 14 day withdrawal period has elapsed. In that case, the Consumer maintains the option to repudiate the contract, yet he will have to compensate the Entrepreneur for services delivered.
3. During this period, the Consumer shall handle the product and the packaging with care. The Customer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
4. The Entrepreneur has the right to diminish the value of the returned product, when it has been damaged due to non-compliance with this article.
ARTICLE 7 - Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 14 days after the return or withdrawal.
3. The reimbursement shall include delivery costs, except when the Consumer selected any shipping method other than the cheapest standard shipping method offered by the Entrepreneur.
ARTICLE 8 - Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
2. The Consumer shall never be granted the right to withdrawal for products:
a. that were realised according to the Consumer’s specifications; paint tinted according to the Customer's wishes;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
3. The Consumer shall never be granted the right to withdrawal for services:
a. of which the provision has been started with the Consumer’s explicit consent before the expiration of the Withdrawal period;
b. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
c. regarding betting and lotteries;
ARTICLE 9 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
ARTICLE 10 – Conformity and Warranty
1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by the Entrepreneur, manufacturer or importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
3. With regard to the supply of goods to Consumers, we adhere to the statutory minimum warranty period of two years if the goods are not in accordance with your order. This means that in the event of a defect or failure of the goods within 2 years as from the delivery date, the goods will be repaired or replaced free of charge. Insofar as this is possible and reasonable, the Consumer will have a choice between a repair or a replacement. Only in the event that a repair or replacement is impossible or excessive or cannot be carried out within a reasonable period of time, will the Consumer have the right to demand a price reduction or dissolution of the contract of sale. In the event the defect or failure manifests itself within 6 months as from the delivery date, this shall be deemed to have existed before delivery, unless the Entrepreneur can prove otherwise. After 6 months, the Consumer will have to prove that the defect was present at the time of delivery.
ARTICLE 11 – Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Customer to the company.
3. The Customer aknowledges his liability in passing on the correct and current delivery address to the Entrepreneur. If upon delivery the address appears to be incorrect or incomplete by fault of the Customer, the Entrepreneur can recover both the shipping costs (of the first and any subsequent delivery to the adjusted address), as well as the return costs of the carrier, from the Customer.
4. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. The Entrepreneur and Consumer, in such event, agree upon a new delivery period. In the event that the second delivery period is not respected either, the Consumer is entitled to repudiate the contract free of charge with the right to have his payment for the order reimbursed. Should the Entrepreneur fail to notify the Customer before the end of the initial delivery period, the Customer at that point already is entitled to redupiate the contract free of charge with the right to have his payment for the order reimbursed.
5. In the event of repudiation under the previous paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Most of the orders are shipped with PostNL, Bpost or GLS.
7. PostNL: If the Customer is not present at the time of delivery, the driver will attempt to deliver the order at the address of the neighbours. If the Consumer does not want this, he has to mention this explicitly in the comments box when completing the order. For Belgium: After two delivery attempts at home, the Customer will be able to pick up his package at the nearest package point. Through a note left in the mailbox and through the Track & Trace page (https://track.bpost.be), based on a code and barcode combination, the Customer will be able to check in which collection point the package can be picked up. The package will be available in the collection point for 14 days. The Customer will receive an email when the package has arrived at the collection point and after 7 days, if necessary, an email reminder to pick up the package asap.
8. BPost, for Belgium: If the Customer is not present at the time of delivery, the postman will not deliver the order. He will leave a message in the mailbox, asking the Customer to pick up his package in the nearest postal point. The distribution of postal points can be viewed at www.bpost.be.
9. GLS: If the Customer is not present at the first delivery attempt, the driver will ask a neighbour to accept the parcel. If that is not possible, the driver will take it back to the depot (distribution centre). The Customer will receive a Notification Card and/or an e-mail which holds key information about the delivery options for a second delivery attempt. This can be arranged via the GLS website or Customer Service. If the Customer is not present during the second delivery attempt, the parcel can only be collected at a GLS ParcelShop.
10. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer (or someone appointed by the latter). However, in the event that Consumer wishes not to keep the products and does not return the goods within 14 days after the purchase, the Consumer shall conduct the transport. For Corporate Customers, transport is always at the expense and risk of the Corporate Customer.
ARTICLE 12 – Retention of ownership in deliveries to Corporate Customers
1. All products delivered to the Corporate Customer remain property of the Entrepeneur until all amounts due have been paid completely, consisting of the purchasing price of the product(s) as well as any other amount(s) the Corporate Customer owes the Entrepreneur, based on the present General Terms and Conditions, such as - however, not limited to - expenses for delivery or fees resulting from late or missing payments.
2. As long as the title to the goods has not passed to the Professional Client, the Professional Client is not entitled to pledge the goods or to grant any right to the goods to third parties. The Entrepreneur is entitled (with retention of all other rights) to take possession of the goods again as long as the Professional customer has not paid (in full) the amounts described in the previous paragraph to the Entrepreneur.
ARTICLE 13 - Termcontracts
1. Regarding an indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.
2. A contract concluded with the Customer for a definite period of time, shall have a term of minimum three months and maximum two years. If it has been agreed that the distance contract will be renewed by the Customer's tacit approval, the contract will be continued as an indefinite contract and accordingly, the notice period in case of termination shall be a maximum of one month.
ARTICLE 14 – Payment
1. The Entrepreneur only accepts payments made through the payment methods offered on this website.
2. To ensure a secure online payment and the security of your personal data, the transaction data is sent over the internet encrypted with SSL technology. The Customer does not need any special software to pay with SSL. A secure SSL connection can be recognised by the "lock" in the browser's status bar.
3. Unless otherwise agreed, the amounts to be paid by the Customer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
4. In order to be valid, all protests against invoices shall be sent to the Entrepreneur by registered post with acknowledgement of receipt, and this within 5 working days. A timely payment protest by the Customer, however, does not eliminate or postpone his payment obligations. He will in said case remain obliged to accept the remaining goods and/or services and fulfil payment for them.
5. When selling products to Customers in the Netherlands, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Customer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
6. The Customer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
7. In case of nonpayment on the part of the Consumer, the Entrepreneur will send a letter of formal notice to the Consumer. In the event of continuing payment default by the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge the Customer with 2% interest for late payment, as well as a fee for any predetermined reasonable administrative and/or legal costs, for a minimum amount of € 180,-.
8. In the absence of a timely payment by the Corporate Customer, the Entrepreneur shall charge the Corporate Customer, without any prior formal notice, with 8% interest for late payment, as well as a lump-sum compensation amounting to 10% of the outstanding amount, for a minimum amount of € 180,-.
ARTICLE 15 – Complaints procedure
1. The Entrepreneur wishes for all of his Customers to be 100% satisfied. However, should the Customer have any kind of complaint, he may always contact the Entrepreneur at [email protected] or by telephone +32 3 778 29 40.
2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Customer has discovered the defects.
3. The Entrepreneur shall do what is necessary to reply to the submitted complaints within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Customer can expect a more detailed reply.
4. By way of Alternative Dispute Resolution measure, the Service de Médiation des Consommateurs of the SPF Economie has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link. In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link.
5. If a complaint cannot be solved in joint consultation, through the Entrepreneur's own complaints service, the Consumer can also submit it via a complaints form given at the website of Safeshops.be. Safeshops.be will mediate between the Consumer and the Entrepreneur, if the Consumer's complaint is accepted by Safeshops. Only complaints submitted via the Safehops.be complaints form will be handled. In this way, this label organisation immediately has all the correct information to further handle the complaint.
ARTICLE 16 - Force majeure
1. In the event that any party is affected by any circumstances beyond its reasonable control that prevent such party from fulfilling its obligations, in whole or in part, under this Agreement in a timely manner (each a "Force Majeure Event"), such party shall notify the other party as soon as reasonably practicable of the nature and extent of such circumstances. In case of a Force Majeure Event, the parties affected shall discuss further handling of the situation. If the Force Majeure situation persists for longer than three months after notice, any party is allowed to terminate the agreement, without owing the other party any kind of charges.
2. Such Force Majeure Events, include, but are not limited to, fire, flood, epidemic, earthquake, explosion, accident, riot, war (declared or undeclared), blockade, embargo, act of public enemy, civil disturbance, labor dispute, strike, lockout, inability to secure sufficient labor, power, essential commodities, necessary equipment, adequate transportation facilities, or failure or non-availability of any other means for performance, and any applicable Law or any other circumstances out of deverfwebshop's control.
ARTICLE 17 - Special and exceptional provisions
1. Special and exceptional provisions from these terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored by the customer on a long-term data carrier in an accessible manner. Therefore, our General Terms and Conditions have also been made available in this document, which can always be viewed, saved and/or printed by the Consumer.
ARTICLE 18 - Choice of law and forum
1. These terms and conditions are governed by Belgian law and performed compliant with these. Only the Belgian Courts are competent to hear potential disputes which may result therefrom.
2. All disputes between the Entrepreneur and the Customers are subject to the authority of the competent courts of the legal district of the Entrepreneur exclusively.