GENERAL TERMS OF SALE (B2C) FONTEIN & BOVA – SPLENDIDE KEUKENS BV
1. General
1.1. These General Terms and Conditions (“General Terms“) apply to any (offer for) sale of products (“Products“) by FONTEIN & BOVA – Splendide Keukens bv with registered office at [Lange Haagstraat 9, 9260 Serskamp](“VENDOR” or “We“) to the (potential) purchaser that qualifies as a Consumer (“Customer”, “You”), regardless of the way in which the order (“Order“) for the Products is placed.
1.2. If the Order is placed via the VENDOR website, available at www.atelierfontein.be (“Website“), these General Terms shall be made available to the Customer electronically so that they can be easily stored by the Customer on a durable data carrier. By placing an Order, the Customer acknowledges having read, understood and accepted without reservation the General Terms and the Privacy Policy (“Privacy Policy“).
1.3. The invalidity of any article of these General Terms or its conflict with public order or mandatory law provisions shall not affect the validity and applicability of the remaining articles.
1.4. Other terms and conditions apply to the (offer for) sale of Products to (potential) purchasers which do not qualify as Consumers. Such terms and conditions can be found on the Website.
2. Definitions
2.1. Consumers: any natural person who is acting for purposes which are outside his trade, business or profession.
In the present General Terms, the following terms should be understood as follows:
2.2. Products: Any (all) products that VENDOR offers for sale through the Website or in any other way.
3. Offers and Orders
3.1. Illustrations, dimensions, weights, description of goods, options and other indications of the Products, price lists and offers (“Offers“) included on the Website have been composed as carefully as possible, but are only approximate and purely informative and are only given as information without obligation.
3.2. VENDOR has the right to change its range of Products at all times.
3.3. To place an Order, you must be of legal capacity and at least 18 years of age on the day of placing the Order. The ordering process is as follows (hereafter the “Order Process”): the Customer must add the Product to the shopping cart on the Website. The Customer then enters requested contact and payment details, after which the delivery method is chosen. On a subsequent summary page, all the relevant details of the Order are displayed, as well as a link to these General Terms and the Privacy Policy. The Customer must read and accept the General Terms and the Privacy Policy and then complete the Order by going through the payment process. The Order is final when all these steps have been completed and the payment has been accepted, after which VENDOR shall send an Order confirmation to your selected email address (the “Order Confirmation”).
3.4. An Order shall only be deemed as accepted by VENDOR after receipt of the Order Confirmation. As long as an Order has not been expressly accepted by VENDOR, no Agreement (“Agreement“) has been formed. Customer shall be bound by each Agreement in a final manner.
3.5. VENDOR reserves the right not to validate the Order, in particular, in case of refusal of validation of payment by the payment service provider, or in case of fraud, unfair use or reasonable suspicion thereof. In such situation, the Order shall be cancelled and the Agreement shall be considered not to have been concluded.
3.6. VENDOR may offer for sale new Products which it has not yet in stock or existing products which are no longer in stock and allow the Customer to “pre-order” said Products (hereafter “Pre-Order”). In the event of Pre-Order, VENDOR will communicate on the relevant Product page an estimated date of availability. The Parties agree that this indicated date is merely an estimate and is not binding upon VENDOR. In the event of a Pre-Order, the Customer shall follow all steps as provides in Article 3.3, after which an Agreement shall be formed in accordance with Article 3.4.
3.7. In the event of an Order (which is not a Pre-Order in accordance with Article 3.6) for a Product which, for whatever reason, is no longer in stock, VENDOR shall endeavour to make the Product available again. VENDOR shall inform the Customer by email of the (temporary) unavailability of the Product at the latest within seven (7) days after placing the Order. The Customer shall thereby have the choice to await the availability of the Product and/or to cancel the Order at no additional cost. In case the Customer chooses to wait for the availability of the Product, the Product will be shipped as soon as it is available again. If it is not possible to get the Product in stock or the Customer chooses to cancel the Order, VENDOR shall refund the Customer in the amount of the price for the Product concerned, within thirty (30) days after the Customer notifies VENDOR of such choice.
4. Price
4.1. VENDOR always reserves the right to change prices unilaterally prior to an Order Confirmation. The latest version of the price lists, available via the Website, always replace and cancel all previous versions. Prices shall be in EURO and are inclusive of Belgian VAT.
4.2. Price changes occurring after an Order Confirmation shall not be applicable to that Order.
5. Terms of payment
5.1. The amounts due by the Customer must be paid immediately at the time the Product is ordered. The payment methods that are accepted by VENDOR are listed on the Website during the Order Process.
5.2. The Customer shall be under the obligation to notify VENDOR immediately of any inaccuracies in payment data provided or stated.
6. Store Pickup or Delivery
6.1. The Customer has the option to pick up the ordered Product(s) in VENDOR’s selected shop (“Store Pickup”) or to have the Product(s) delivered at home (“Delivery”).
6.2. If the Customer selects the option of Store Pickup, the Product(s) shall be available for pickup by the Customer at the selected address of VENDOR’s shop, within the period indicated during the Order Process. The Customer may be asked to prove its identity, by showing a valid photo ID, during Store Pickup before receiving the Product(s). The Product(s) shall be available during the period indicated on the Website during the Order Process or, in the absence thereof, for fourteen (14) days following the Order Confirmation (the “Pickup Period”). If the Customer fails to retrieve the Product(s) during the Pickup Period, the Order shall be deemed cancelled in agreement by both Parties, in which case VENDOR shall refund the amounts paid by the Customer within thirty (30) days.
6.3. No cancellation and refund in the Store Pickup option is possible for Products made to the Customer’s specifications, such as custom-made or personalised Products. In that case, the Customer remains responsible to pick up the Product(s) and for any costs incurred by VENDOR for late pick up by the Customer. VENDOR shall have the right to charge such additional costs prior to handing over the Product(s) to the Customer.
6.4. If the Customer has chosen the option of Delivery, the Product(s) shall be delivered in accordance with the specific delivery options selected by the Customer during the Order Process. VENDOR shall have the delivery carried out by a third-party delivery service provider. Unless expressly stated otherwise on the Website, Delivery shall be done at the ground floor of the address selected by the Customer.
6.5. VENDOR shall make reasonable endeavours to have the Product(s) delivered within a reasonable time. The date of delivery indicated on the Website during the Order Process (and in the Order Confirmation) is only an estimate and is not binding. In the event that thirty (30) days after the estimated delivery date have passed, the Customer shall have the right to cancel the Order, after which VENDOR will refund the sums paid for the Order. No further compensation shall be due.
6.6. The place of delivery shall be the delivery address indicated by the Customer during the Order Process. VENDOR shall not be responsible for the consequences of the communication of incorrect data by the Customer. If the delivery address provided is incorrect or incomplete and the Products need to be reshipped, additional costs will be charged to the Customer.
6.7. The risk shall be transferred to the Customer at the time of unloading the Products by the carrier, freight forwarder or other person employed.
6.8. The Product is delivered to the delivery address selected by the Customer. The Customer is responsible for being present at the indicated time of delivery at the selected address. If no one is present to take delivery of the Order at the time of delivery, a notice shall be left behind by the third-party delivery service provider. The Customer shall be responsible to follow the instructions on said notice to retrieve the Order at a later time. If the Customer fails to retrieve the Order in accordance with the delivery service provider’s instructions, the Products, the Products shall be returned to VENDOR. In that case, the Customer may contact VENDOR to organize a new delivery, for which the Customer shall pay an additional delivery cost.
7. Right of withdrawal
7.1. The Customer shall be entitled to withdraw from the Agreement between VENDOR and the Customer, without giving reasons (“Right of Withdrawal”), during fourteen (14) days (“Withdrawal Period“). This Withdrawal Period shall commence on the day following receipt of the Product by or on behalf of the Customer. The Customer is only granted a right of withdrawal when the Products are returned to VENDOR in perfect, unused condition.
7.2. The Customer shall inform VENDOR of its decision to exercise his Right of Withdrawal within the Withdrawal Period (“Withdrawal Notification”). The Withdrawal Notification shall include all relevant information, including identification of the Order subject to withdrawal, the Order number and the Customer’s contact details. The Withdrawal Notification shall be sent to VENDOR’s designated email address pieter-jan@atelierfontein.be.
7.3. The Customer shall return the Product(s) immediately and no later than fourteen (14) days after the Withdrawal Notification (“Return Period“) to the return address indicated by VENDOR or in the absence thereof to the following address: [Lange Haagstraat 9, 9260 Serskamp]. The return shall be done at cost and risk of the Customer. If the Customer selects a third-party delivery service, the Customer shall be responsible to comply with the third-party delivery service’s terms and conditions.
7.4. Within fourteen (14) days of receipt by VENDOR of the Products, VENDOR shall refund the amounts paid by the Customer for the Product, including, where applicable, the initial delivery costs, unless the standard delivery method was not opted for. The refund shall be done using the same method of payment as used by the Customer for payment the Order.
7.5. The Customer shall handle and inspect the Product, its packaging and its contents with due care. The Customer shall only unpack the Product to the extent necessary to assess the nature, characteristics and the functioning of the Product in the same way the Customer would be allowed to do in a shop. The Right of Withdrawal can only be exercised if the Product is returned in its new condition, in its original packaging and in perfect condition, including any accessories and instructions for use.
7.6. VENDOR shall have the right to take precautions to ensure that no use is made of returned Products, including attaching clear “do not remove” labels. The Parties agree that, in the event that such labels are removed or breached, the Product shall be deemed as being used and no longer be eligible for Right of Withdrawal.
7.7. In the event that the Product returned by the Customer would have a diminished value, VENDOR shall have the right to deduct an amount corresponding to this diminished value.
7.8. VENDOR shall not be obliged to take back a Product which is returned after the Withdrawal Period, which is returned without following the procedure set out in the present Section, including Products which contain traces of use. The assessment of whether a Product is to be taken back shall be made by VENDOR. The reasons for not taking back a Product shall be provided to the Customer upon request.
7.9. In the event that the return of a Product is rejected by VENDOR for failure to comply with the rules set out in this Section, the Customer shall inform VENDOR by email within fourteen (14) days whether the Customer would prefer to retrieve the returned Product at VENDOR’s store. In the absence thereof, the Customer shall be deemed to have agreed with destruction or recycling of the Product, for which the Customer shall not have any right to compensation. If the Customer notifies the VENDOR of its intention to retrieve the Product within the aforementioned fourteen (14) day period, the Customer shall have three (3) months to retrieve the Product, either in person or through a carrier, organised and paid by the Customer. If the Product was not retrieved within this three (3) month period, the Customer shall be deemed to have agreed with destruction or recycling of the Product, for which the Customer shall not have any right to compensation.
7.10. The Customer shall have no Right of Withdrawal of purchases of Products made to the Customer’s specifications, such as custom-made or personalised Products.
8. Guarantee and conformity
8.1. Upon Delivery, the Customer undertakes to immediately verify that the quality and quantity of the Product correspond to the Agreement. Any complaint concerning visible defects or missing Products must be made by email to VENDOR at pieter-jan@atelierfontein.be within one (1) week of the Delivery at the latest. If the Customer fails to submit a complaint within this period, the Customer loses his right to complain about visible defects or missing Products.
8.2. In order to invoke the guarantee, the Customer must be able to present the proof of purchase or the invoice and the proof of a Delivery arriving with visible defects or missing Products. Any defect must be reported to VENDOR at pieter-jan@atelierfontein.be within two (2) months of its discovery. After that, any right to the guarantee lapses.
8.3. The statutory warranty period for Products not complying with the Agreement, the specifications stated in the Offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing at the date of the conclusion of the Agreement, is two (2) years. If the non-conformity of the Product was present since the start and was not caused by external circumstances, VENDOR shall repair or replace the Product. If a repair or replacement is not possible or disproportionate, VENDOR shall offer a price reduction or a complete refund of payments received for the Product concerned. VENDOR will indicate to the Customer the steps to be followed to return the Products. In any case, the Products may only be returned after prior written confirmation by VENDOR.
8.4. The benefit of the guarantee is not possible for a defect resulting from: (i) fault, negligence of the Customer; (ii) repair or modification of the good by the Customer or a third party; (iii) poor maintenance; (iv) negligent use or use under abnormal conditions; (v) a cause inherent in the normal period of use or lifetime of the Product; (vi) an external cause not attributable to VENDOR, and; (vii) fault, negligence or services of third parties.
8.5. In case of doubt regarding the cause or alleged non-conformity of the Product(s), the Parties agree that an expert appointed by VENDOR shall inspect the Product(s) and determine the cause. If a Party does not protest the findings of the expert in writing within fourteen (14) days of receipt thereof, the Party shall be deemed to have accepted the findings.
9. Force Majeure
9.1. Cases of Force Majeure shall include: extreme weather conditions, strikes, blockades or riots, lock-out, fire, damage to production facilities, no or late delivery by our suppliers, government measures. This list is not exhaustive. Customers are not entitled to cancel an Agreement or to refuse receipt or payment for ordered Products. No financial or commercial compensation of any kind will be permitted on the grounds of Force Majeure.
9.2. Force Majeure (“Force Majeure“) releases VENDOR from liability. VENDOR shall not be obliged to accept Orders nor to execute Agreements in case of Force Majeure. VENDOR shall have the choice either to suspend its obligations for the duration of the Force Majeure or to dissolve the Agreements definitively without any dissolution costs. The Customer shall have the same right to invoke Force Majeure regarding his obligations under this Agreement.
10. Limitation of liability
10.1. VENDOR’s liability shall be limited to direct damage, thereby excluding any responsibility for any indirect or consequential damage suffered by the Customer or any third party through as a result of this Agreement.
10.2. VENDOR shall not be liable for damage caused by gross negligence, fraud or malicious intent by third party service providers, including delivery service providers.
10.3. In any event, the entire liability of VENDOR shall not exceed the purchase price of the relevant Product(s) in the relevant Order which resulted in the Customer’s damage claim.
10.4. VENDOR is not responsible for any interruption in the availability of or access to the Website, any malfunctioning of the computer system, viruses or other inconveniences that might arise from the use of this Website.
11. Intellectual property
11.1. The Site was created for the Customer’s personal and non-commercial use. It is prohibited to modify, copy, distribute, transmit, reproduce, publish or create derivative works from any information or material available on the Website. However, the Customer is permitted to download the content of the Website and make a copy thereof for purely personal and non-commercial use, provided that the original state of the content is preserved.
11.2. The Customer undertakes not to modify or imitate any Products offered by VENDOR or to affect the intellectual property rights of VENDOR.
11.3. VENDOR remains the exclusive owner of all intellectual property rights pertaining to the Products, the Website as well as the name and logo under which the Products are offered and its images. Our written consent is necessary for the use of pictures or logos of our Products in, inter alia, magazines, newspapers, on websites or on the Internet or for transmission to third parties.
12. Data protection and privacy
When placing Orders, the Customer is asked to provide certain personal data in order to make the Agreement and Delivery possible. VENDOR undertakes to guarantee the confidentiality of these personal data and to treat them with respect. More information on the handling of personal data by VENDOR can be found in our Privacy Policy.
13. Complaints and dispute resolution
13.1. VENDOR hopes to always satisfy the Customer with the Products and the associated service. If, however, something should go wrong, the Customer can always contact customer services at pieter-jan@atelierfontein.be. VENDOR shall endeavour to deal with complaints within a period of seven (7) days.
13.2. In the event that your complaint was not resolved by the VENDOR, you have the option to submit a complaint before the European Online Dispute Resolution (ODR) platform, which can be accessed through the following link: http://ec.europa.eu/odr/.
13.3. The Parties have the option to bring a dispute before a court, in which case the Parties submit to the exclusive jurisdiction of the courts of Ghent for any dispute arising regarding this Agreement.
13.4. Any dispute between the Customer and VENDOR shall exclusively be governed by Belgian law
GENERAL TERMS OF SALE (B2B) FONTEIN & BOVA – SPLENDIDE KEUKENS BV
1. GENERAL
1.1. These general terms of sale apply, to the exclusion of all other terms, to all offers, orders, quotations and agreements pertaining to the sale by [Atelier Fontein & Bova – Splendide keukens bv – Splendide keukens bv], with its registered office at lange haagstraat 9, 9260 Serskamp (hereinafter “VENDOR“), of goods and/or services to a client (hereinafter the “Client“). They supersede, without exception, any and all of the Client’s conditions of quotation, acceptance, purchase and/or supply.
2. ORDERS
2.1. All offers by VENDOR are non-binding. No order shall become binding on VENDOR unless and until accepted in writing by VENDOR (hereafter the “Order Confirmation”).
2.2. After written acceptance of the order by VENDOR, the Agreement becomes final and the Client shall not have a right to cancel without paying all agreed upon price and costs.
2.3. VENDOR is not obliged to assess whether the goods ordered are suitable for the intended use. If information necessary to perform the agreement is not made available to VENDOR or not made available as agreed or if the Client otherwise fails to fulfil its obligations, VENDOR can suspend performance of its obligations under the agreement concerned and bill the Client for any costs incurred, at its usual rates.
3. PRICES
3.1. Unless otherwise agreed in writing, the price for the Goods shall be VENDOR’s list price at the date of dispatch and shall not include costs such as carriage and installation, VAT or any other applicable taxes.
3.2. All prices are in EURO.
4. DELIVERY, TITLE AND RISK OF LOSS
4.1. Delivery will take place at the ground level, unless otherwise agreed between the Parties and subject to specific arrangement with the carrier in this regard.
4.2. Delivery dates are approximate only and VENDOR will use reasonable efforts to meet such dates. Exceeding dates and/or times shall only allow the Client to annul or terminate the Agreement if such dates and/or times have been exceeded by more than sixty (60) calendar days. VENDOR shall not be liable to the Client in the event of delay in delivery or performance. The Goods may be delivered in advance of the indicated delivery date upon VENDOR giving reasonable notice to the Client.
4.3. Where delivery is made in instalments, delay by VENDOR in delivering one or more instalments shall not entitle the Client to refuse to accept any remaining instalments.
4.4. If the Client refuses or fails to take timely delivery of any Goods, VENDOR shall be entitled to payment in full for such Goods, as well as any costs incurred by VENDOR as a consequence of such refusal, failure or delay.
4.5. Delivery of the Goods to the carrier shall be deemed to be a delivery of the Goods to the Client.
4.6. Risk in the Goods shall pass to the Client on delivery to the Client. If the Client wrongfully fails to take delivery of the Goods, risk shall pass at the time when VENDOR tenders delivery.
4.7. Notwithstanding delivery and passage of risk to the Client, title to the Goods shall not pass to the Client until VENDOR has received all sums due to VENDOR under any contract between VENDOR and the Client.
4.8. For as long as payment is overdue for any Goods, the Client shall, if requested, deliver up the Goods to VENDOR. If the Client refuses to deliver up the Goods when requested, VENDOR shall be entitled at any time to recover possession of the Goods from the Client. VENDOR or its duly authorized agent is hereby irrevocably authorized to enter upon the land and into the premises of the Client during normal business hours to take possession of the Goods.
5. ACCEPTANCE
5.1. If the Goods or any part of them are damaged or lost while in the custody of VENDOR, prior to delivery to carrier, VENDOR will, at its sole option, either replace the Goods or refund to the Client the cost or price. In no circumstances whatsoever shall the liability of VENDOR in connection with the Goods exceed the greater of the replacement cost or the price received by VENDOR.
5.2. VENDOR shall in no circumstances be liable to the Client under section
5.3 unless:
- (a) in the case of non-delivery of a whole consignment of goods, the Client informs VENDOR of such non-delivery in writing within ten days of the date of the corresponding invoice; or
- (b) in the case of damage to goods or loss of part of a consignment, the Client notifies VENDOR in writing of such damage or loss within two (2) days of receipt, including a substantiated report of the damage including photographs.
In the absence of such notification, the Client shall be deemed to have accepted the Goods.
6. TERMS OF PAYMENT
6.1. Payment shall be made in full, without any set-off or deduction, not later than 30 days after the invoice date. VENDOR may require the Client to make payment in advance of delivery.
6.2. If payment is not made on the due date, interest at an annual rate of 10% will accrue on the unpaid balance, by operation of law and without prior notice or formalities being required, from the invoice date until the date of payment in full. In this case, if the unpaid amounts are not settled immediately upon request, lump-sum compensation of 10% shall be due, by operation of law and without further formalities, with a minimum of €50 per invoice, in order to cover the costs caused by the debtor’s default, without prejudice to VENDOR’s right to claim a higher amount for actual harm suffered. In the event of partial payment, VENDOR shall first allocate the payment to charges and interest, and only then to the principal.
7. WARRANTY
7.1 Vendor warrants that the Goods are compliant with the Order Confirmation and that they do not contain any visible defects at the time of delivery.
7.2 The warranty in section 7.1 shall not cover defects arising from the Client’s failure to follow VENDOR’s operating or maintenance instructions, alterations or repairs made other than by VENDOR, misuse, power surges or failures, or other events outside VENDOR’s control.
7.3 Where Goods do not comply with the warranty in section 7.1, VENDOR’s only obligation (and the Client’s only remedy) shall be to replace or repair the Goods free of charge or refund the price paid for them. VENDOR shall have no obligation or liability under section 7.1 unless notice of any defect is given to VENDOR in accordance with section 5.1. The Client shall have the same rights in case of late payment as included in section 6.2.
7.4 Images displayed on VENDOR’s website are purely illustrative. In this context, VENDOR does not warrant that the ordered Goods are identical to the images displayed on VENDOR’s website.
8. LIMITATION OF LIABILITY
8.1 With the sole exception of the express warranty contained in section 7.1, VENDOR makes no representations and gives no warranties and all representations, conditions and warranties implied by statute, common law or otherwise are hereby excluded to the full extent permitted by law, including liability for gross negligence by VENDOR or its employees and agents.
8.2 VENDOR shall not be liable to the Client for any indirect, consequential or economic loss or damage (including, but not limited to, loss of profits, revenue, Clients or goodwill) suffered by the Client whether such loss is caused by or arises out of VENDOR’s breach of its contractual obligations, warranty, or by any tortious act or omission, including negligence, or in any other way even if the possibility of such loss is known to VENDOR.
8.3 VENDOR’s aggregate liability to the Client for all claims shall in no event exceed the purchase price of the Goods in respect of which such claim is made.
8.4 Nothing in these Conditions shall exclude any liability of VENDOR which cannot, as a matter of law, be excluded.
9. FORCE MAJEURE
9.1. VENDOR shall be under no liability whatsoever in respect of any delay in delivery or non-delivery of Goods caused by any circumstances beyond VENDOR’s control including without limitation, any Act of God, explosion, fire, flood, war, hostilities, pandemic, accident, delay in delivery or non-delivery by VENDOR’s suppliers, breakdowns or accidents to machinery, labour strikes or dispute, order or decree of any court or action of any governmental authority. Upon the occurrence of any of the foregoing events, VENDOR reserves the right to postpone, cancel or suspend the whole or part of any delivery.
10. GENERAL
10.1 Any provision of these Conditions that is prohibited or unenforceable for any reason will be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions. For any provision so severed from these Conditions, there shall be deemed to be substituted a like provision to accomplish the intent of the Parties as closely as possible to the provision so severed, as determined by any court of competent jurisdiction, to the extent permitted by law.
10.2 The Parties expressly exclude application of the Vienna Convention on International Sale of Goods.
11. GOVERNING LAW
11.1 These Conditions shall be exclusively governed by and construed in accordance with the laws of Belgium and the parties submit to the exclusive jurisdiction of the courts of Ghent (Belgium) for any dispute arising regarding these Conditions