General terms and conditions - Flexfurn
‘General terms and conditions’: the present general terms and conditions which govern the relationship between you and us when you purchase Products;
‘Agreement’: Every agreement whereby we undertake to provide the Products to you subject to compliance with the General terms and conditions;
‘Party/Parties’: you and/or us;
‘Product’: all goods offered for sale on www.flexfurn.com
‘You/your’: Any natural person or legal entity that acts for purposes that fall within its business or professional activity and that enters or will enter into a contractual relationship with us of any nature whatsoever.
‘We/our’: Flexfurn as specified in article two of these General terms and conditions.
2. Our identification
Who are we:
Essenschotstraat (H) 6210
Phone: + 32 (0) 13 67 62 11
3.1 These General terms and conditions apply to all purchases of our Products. By placing an order you must expressly accept these General terms and conditions and agree to the application thereof. These General terms and conditions apply to the exclusion of other terms and conditions. Unless expressly accepted by us in writing, your general or special terms and conditions are expressly excluded. Despite the preceding, these General terms and conditions do not prejudice the legal rights granted to you in a mandatory manner in pursuance of Belgian consumer protection law.
3.2 We reserve the right to amend these General terms and conditions from time to time. However, the version of these General terms and conditions that applied at the time of the order remains applicable between you and us with regard to the purchase.
4. Quote and acceptance
4.1 We make every reasonable effort to make information about the characteristics of the Products and illustrations of the Products as accurate as possible, to the extent permitted by technical means. Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions shown on the website. There may be a difference in the colour of the product compared to the colour shown on your computer screen. However, this cannot be a reason to invoke the non-conformity of the delivery.
4.2 We are not bound by an offer if this offer clearly shows a mistake or error. Apparent or clear errors in the quote, such as obvious inaccuracies, can, as far as permitted, also be corrected following conclusion of the agreement. We cannot be held liable for possible (printing) errors in our prices or conditions.
4.3 Your acceptance of our quote is final by placing the order on our website. This purchase is binding. Within seven (7) calendar days at the latest we will send a confirmation of the order to the Email address you specified.
4.4 We reserve the right to refuse an order following a serious breach by you relating to the order in which you are involved.
4.5 In accordance with the Economic Law Code, the Parties expressly acknowledge that electronic forms of communication result in a valid Agreement. We can use all electronic files at our disposal within the limits of the law to prove the existence of the Agreement. An ordinary, digital or electronic qualified signature is not an essential requirement of proof.
5. Our Offices
5.1 The prices of our Products are specified on the Website and are fixed at the time of the order. The specified price refers solely to the articles as set out in writing. The accompanying photographs are decorative and may contain elements that are not included in the price. All specified prices are expressed in EUROS and are exclusive of VAT and any duties or taxes payable by you. Any other charged costs are specified separately.
5.2 We have the right to change the prices at any time, but we undertake to apply the rates indicated on the website at the time of your order. If the price change is the result of changes in VAT rates, it shall be charged to you.
6.1 In principle, all payments are processed immediately and in full, from the moment you place your order. For the payment of our Products we accept Bancontact, credit cards, iDeal, PayPal, bank transfer and GiroPay.
6.2 The payment options may be expanded in the future. We take all reasonable measures to guarantee the security of your online transactions. We guarantee this security by contracting specialised parties such as recognised credit card issuers and payment partners.
6.3 To process the payments we use the external payment platform of www.mollie.com. The necessary security measures are provided via TLS. www.mollie.com's general terms and conditions apply to these payments, which bears sole responsibility relating to the correct execution of the online payments.
6.4 We postpone our delivery obligations until receipt of full payment of all amounts owed by you. At all times, we retain ownership of all Products ordered until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.
7.1 Every order is processed as soon as possible. We make every reasonable effort to deliver your online order within 4 working days.
7.2 It is your responsibility to enable delivery to the agreed place in your presence or in the presence of a third party appointed by you. There is a delivery as soon as the ordered Products have been offered to you once. If an offered delivery is unsuccessful as a result of a shortcoming on your part or as a result of a shortcoming on the part of the third party appointed by you, the costs of new delivery attempts are entirely at your expense.
7.3 For the delivery we work with reliable external parties, more specifically TNT, Dachser and Verhaegen. Contracting external parties can have an effect on the delivery. Following a non-delivered order, an immediate investigation will be carried out at the transporter. This takes several days which means a refund or reshipping is not possible.
7.4 If we are unable to deliver the Products at the agreed time or within 2 weeks, you must request delivery within an additional period that is appropriate in view of the circumstances. If we do not deliver within the additional period, you have the right to terminate the Agreement. In such an event of termination, we shall promptly and no later than fourteen (14) days after termination of the Agreement reimburse all sums paid. Exceeding the delivery time does not result in other damages.
7.5 Until the moment of full payment, the delivered Products remain our exclusive ownership. However, the risk of loss or damage is transferred to you as soon as you (or a third party appointed by you) has physically taken receipt of the Products. Please note, however, that although you retain ownership of the Product after full payment, you do not own our intellectual property rights (as set out in clause 11 (Intellectual property). These intellectual property rights remain ours or our licensors at all times.
7.6 You undertake to inform third parties, if necessary, of our aforementioned reservation of ownership, e.g. to any person who may want to seize the items that have not yet been paid in full. In this context, you undertake to inform us immediately in writing of any seizure of the delivered products by a third party.
8.1 In accordance with articles 1641 to 1649 of the Civil Code, we are responsible for the hidden defects in the Products we delivered. The system of hidden defects does not apply if at the time the Agreement was reached, you were aware of these defects. Consequently, you are entitled to a reimbursement if, after delivery, you notice a hidden defect in the delivered Product, in accordance with the statutory regulations.
8.2 The guarantee for hidden defects is not applicable to:
- damage caused by normal wear and tear, unintentional or deliberate changes made by you to the Products, including injudicious and improper use and exposure to moisture, fire, earthquake and other external causes;
- damage caused by an installation and use that is not in accordance with the instructions and information provided;
- damage caused after the removal of seals on certain parts and after the removal or rendering illegible of the serial number and other numbering of product series.
8.3 As soon as you or a third party appointed by you receives the Products, you are obliged to carefully check the Products. If a Product has been damaged by a defect, visibly or invisibly, and you wish to have it repaired, replaced or reimbursed, you must notify us within seven (7) days following the discovery of the defect. Your request must be substantiated sufficiently. If your request does not contain sufficient proof, your request may be rejected.
8.4 The Products that are affected by a visible defect must be returned to Flexfurn (Essenschotstraat 6210, Industriezone Ravenshout, 3980 Tessenderlo), always in original condition, including the packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation shall be reduced proportionately upon repayment.
8.5 The Products that are affected by a hidden defect must be returned to Flexfurn (Essenschotstraat 6210, Industriezone Ravenshout, 3980 Tessenderlo), in their original condition, including their accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation shall be reduced proportionately upon repayment.
8.6 The return of a non-compliant or faulty product (both visible and hidden defects) is always at your risk. The costs of returning the product are for our account, as long as the Customer complies with the warranty conditions. We will provide you with a return slip or take care of the collection of the defective Product. The Customer who unduly returns a Product to us shall be responsible for the costs. In any case, we advise you to return these Products by registered post and with insurance to avoid the risks of loss and theft. This return must be at the latest within seven (7) calendar days after the communication.
8.7 If the aforementioned conditions are met, you are primarily entitled to free repair or replacement, depending on the situation. Only if the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period of time will you be entitled to a full or partial refund. You will have to substantiate this in a clear and well-founded manner. The resulting compensation can never exceed the amount invoiced to the Customer.
8.8 If the Products were wrongly returned because the aforementioned conditions were not met, we will send them back to you. The costs of this return are payable by you. In that case, we will be free to store the Products with third parties at your expense and risk as long as these return costs have not been paid.
9.1 To the extent permitted, we cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, we are only liable for damages caused by non-compliance of our obligations, if and to the extent that such damages are caused by our wilful and serious misconduct. We are not liable for other mistakes.
9.2 Nothing in these General terms and conditions is intended to exclude or limit your statutory rights. Moreover, nothing in these General terms and conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulently wrong presentation.
9.3 Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount that you have paid for the purchased Products.
10. Protection of personal data
11. Intellectual property rights
11.1 We guarantee we hold the necessary rights to offer our Products. All intellectual property rights and derivative rights on these Products remain with us and/or the actual rightful claimant. Intellectual property rights shall be understood to mean copyright, trademark, industrial design right and/or other (intellectual property) rights, including possibly patentable technical and/or commercial know-how, methods and concepts.
11.2 The content of the website is our ownership. This shall be understood to mean: texts, charts, photographs, images, moving pictures, sounds, illustrations and software. The content is copyrighted or protected by other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without our written permission.
12. Force Majeure
12.1 We are not responsible for the observance of our obligations under these General terms and conditions in case of force majeure. Force majeure shall be understood to mean a situation in which the execution of our obligations, in whole or in part, whether or not temporarily, is prevented by circumstances beyond our control, such as, but not limited to, fire, strikes and lock-outs, storm, flooding, computer, internet or telecommunication disturbances, the non-delivery or late delivery of suppliers or other third parties involved, depletion of stocks, decisions or interventions by the government (including the refusal or cancellation of a permit or licence), fuel shortages, errors or delays attributable to third parties.
12.2 In case of force majeure these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the situation of force majeure. In the event the force majeure exceeds two (2) months, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing any compensation to each other (except for the refund of the product paid by you and not delivered).
13.1 If any provision of these General terms and conditions (or part thereof) is declared null and void, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these General terms and conditions. In the event of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these General terms and conditions.
13.2 The fact that we fail to demand the strict application of one of the provisions of these General terms and conditions cannot be considered as a tacit waiver of our rights and does not prevent us from demanding the strict application of these provisions at a later date.
13.3 These General terms and conditions, including any references included in the General terms and conditions, fully represent the rights and obligations of the Parties and supersede all prior agreements and proposals, both oral and written, including any terms and conditions of the Parties.
13.4 The General terms and conditions apply at all times and exclusively to all present and future Agreements between you and us, except in the case of an express deviation. An express deviation is only valid if it is the result of a mutual agreement between you and us that has been expressly laid down in writing. Express deviations are only valid to replace or supplement the clauses to which they refer. The other provisions of these General terms and conditions remain applicable in full.
14. Governing Law and jurisdiction
14.1 To the extent permitted by law, all agreements to which these General terms and conditions apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
14.2 Any dispute regarding the interpretation or application of these General terms and conditions shall be subject to the exclusive jurisdiction of the court in which our head office is located, unless the law mandatorily lays down a different court.
© 2019 deJuristen ICT-recht & intellectuele eigendom (http://www.ictrecht.be). The information provided (general terms and conditions, privacy statement and disclaimer) is protected by copyright law, which means it may not be reproduced or communicated without the prior written consent of deJuristen (firstname.lastname@example.org).). All applicable intellectual property rights shall therefore remain effective.