GENERAL TERMS OF SALE (B2C) FONTEIN & BOVA – SPLENDIDE KEUKENS BV
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.
1.3. 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.
2.1. 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.
3.4. 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.
4.1. 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 firstname.lastname@example.org.
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 email@example.com 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 firstname.lastname@example.org 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
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 email@example.com. 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