ARTICLE 1 THE PARTIES
Parties of the contracts under the following general terms and conditions are:
De Vroey BVBA
Henri-Engelslei 42
2900 Schoten
Company number: RPR Antwerpen nummer: 0404577003
VAT-number: BE0404577003
Hereinafter referred to as: 'the seller'
The person (any person who acquires or uses for non-professional purposes, marketed products or services) who places an order via the webshop www.devroeyhats.be
Hereinafter referred to as: 'the consumer’
ARTICLE 2 APPLICABILITY & CONDITIONS
1. The terms and conditions are applicable to every offer from us as a webshop to you as Consumer
2. The seller ships its goods in principle worldwide. If, however, the consumer has a delivery address in a country outside of Europe, the seller may decline the order.
3. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to the attention of the seller that an order is made by a minor, the seller may decline the order.
4. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through the website: www.devroeyhats.be.
5. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
6. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions.
ARTICLE 3 OFFER AND ORDER
1. All prices quoted in the shop are in no way regarded as a fixed and binding offer. The price only becomes final upon completion of the order.
2. The seller always describes as complete and accurate as possible what he sells to the consumer as well as the course of the delivery process. The description is in any case sufficiently detailed to allow the consumer to make a proper assessment. If the seller makes use of graphics, they are a true reflection of the offered goods and/or services. However, to err is human and in case the seller is clearly mistaken, he is not obliged to deliver to the consumer.
3. The order of the consumer is complete and the contract between the seller and the consumer is final once the seller confirms the order of the consumer by mail and as soon as the seller regarding the payment made by credit or debit cards, receives approval from the issuer of the consumers card. The seller accepts Visa, Mastercard, Maestro, Bancontact and bank transfer. Should the issuer of the consumers card refuse to agree on the payment to the seller, the seller cannot be held responsible for any delays in the delivery and/or non-delivery of the order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
4. In order to purchase a product, the consumer adds it to his shopping basket. Afterwards the consumer submits his contact details and billing data. Next the consumer chooses his preferred way of delivery: delivery to a certain address, pick up at a set store. In the final step the consumer is led to an overview page, the consumer then has to accept the terms and conditions and has to confirm his payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If these steps have completed, the order becomes final. The purchase is however not finalized until after the confirmation e-mail by the seller (see point 3).
ARTICLE 4 RIGHT OF WITHDRAWAL
1. If the consumer buys goods from the seller, he has the right to decide that he does not want to keep the goods for 14 days from the delivery or the conclusion of the contract. The consumer can then return his order without penalty and without giving any reason (the cost of the return is to be paid by the consumer). Within 14 days after the sellers reception of the returned order or after the consumers indication that he wishes to forgo the agreement, the seller will pay back the full purchase price, by the same means of payment which the consumer utilized for the purchase.
2. The direct costs of the return of the goods will be at the expense of the consumer (see point 1). The seller will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance.
3. The seller can refuse repayment as long as he has not received the returned goods or until the consumer has shown he has returned the goods, depending on which event occurs first.
4. The consumer is expected to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If the consumer wants to return the goods as described above, he may only unpack or use them to the extend needed to assess whether or not he wishes to retain them. Returned goods may be tested, but not used. When returning the goods, the consumer will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account the instructions as listed below.
5. the consumer can return the package by mail or courier your of his choice.
6. In order to exercise the consumers right to withdrawal quickly and correctly, the consumer can fill out the form below and send it to De Vroey BVBA, Ter Rivierenlaan 16, BE-2100 Deurne. The seller will then send an acknowledgement of the withdrawal by email.
“MODELFORMULIER VOOR HERROEPING”
(Only fill out and sent this form if you wish the withdrawal the agreement) - To De Vroey BVBA, Ter Rivierenlaan 16, BE-2100 Deurne (in versie op site aanpassen en eventueel telefoonnummer en e-mailadres toevoegen toevoegen):
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
(*) Delete as appropriate.
ARTICLE 5 PRICE
1. All prices quoted in the shop are in no way regarded as a fixed and binding offer. The price only becomes final upon completion of the order.
2. Our prices, as suggested in the webshop do not include VAT and other taxes
3. In the last step of the ordering process (Article 3.4) the consumer receives a summary page with the price proposed on the webshop (point 2), the applicable VAT, the Belgian taxes and shipping costs (which are also borne by the consumer). The consumer is obliged to pay any possible import duties to his country.
ARTICLE 6 PAYMENT
1. The seller only accepts payment via the payment modules on the web shop.
2. In order to guarantee safe online payment and the safety of personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. The consumer recognizes a safe SSL-connection by the “lock” in the bottom status bar of his browser.
ARTICLE 7 CONFORMITY AND WARRANTY
1. The seller guarantees that the products are in accordance with the order of the consumer and meet the normal expectations the consumer may have taking into account with regard to the specifications of the product. The seller also guarantees that the goods are in accordance with any at the moment of the order applicable Belgian law. The seller does however not guarantee that the products are in accordance with the applicable law in other countries. It is the responsibility of the consumer to check whether the products are in accordance with his local regulations.
2. Consumers from the European Union dispose over a statutory 2-year warranty on purchased goods if the goods are not in accordance with the placed order. If the defect or deficiency manifests itself within 6 months after delivery, it shall be considered to have already existed before delivery, unless the seller can prove otherwise. After 6 months, consumers will have to prove themselves that the defect was already present at the delivery.
ARTICLE 8 DELIVERY AND EXECUTION
1. All goods and services are delivered to the address provided by the consumer when ordering.
2. When a good is in stock, the seller will deliver them to the postal service at the latest within 3 to 7 business days after order confirmation. If the product is not in stock, the seller will inform the consumer within a reasonable time of the estimated delivery date.
3. If the seller is not able to deliver on time, he will always notify the consumer before the end of the delivery period. If the seller does not do so, the consumer can cancel his order for free. In that case the seller will refund the consumer within 30 days after the dissolution of the agreement.
4. The shipment of goods is always at the sellers risk. The consumer does not has to worry about goods lost during transportation. If the consumer, however, return goods to the seller within 14 days after delivery because he prefers not to keep them, he will be responsible for the transportation.
5. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods the consumer ordered, the consumer has to report this as quickly as possible and in any case within 3 days after delivery. Subsequently, the has to send the goods back to the seller within 14 calendar days after delivery.
The seller cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases the liability of the seller remains limited to the value of the goods of which it is shown that they were not received by the customer.
ARTICLE 9 FORCE MAJEUE AND IMPREVISION
1. In case of force majeure and imprevision the seller is not obliged to fulfill its obligations.
In case of force majeure the seller can either suspend its obligations for the duration of the force majeure or terminate the agreement. The seller shall inform the consumer of its intention to suspend or terminate the agreement.
In case of imprevision the seller can propose to the consumer to renegotiate the contractual conditions in good faith (eg. a change in the price, ...). If the negotiations do not come to a conclusion, the seller can let the court terminate the contract.
2. Events of force majeure are all circumstances external to the will and control of the seller that render the respect of the sellers obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…
Events of imprevision are all the circumstances that occur after the conclusion of the agreement and that renders the sellers obligations exceptionally difficult and that distort the contractual balance.
ARTICLE 10 COMPLAINTS PROCEDURE AND CONFLICTS
1. The seller hopes that all customers are always 100% satisfied. If nevertheless the consumer would have complaints concerning the sellers services, he can contact the seller at info@devroeyhats.be. We will do the utmost to deal with your complaint within 7 days.
2. All contracts that the seller concludes with its customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts.
3. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection (as currently enshrined in the Belgian law of 28 February 2013).
ARTICLE 11 NIHILITY
1. If any provision is/would be declared void/ineffective because of a breach of binding regulations of Belgian/European consumer law, it will automatically be replaced by the common law.