GENERAL TERMS AND CONDITIONS OF SALE FOR ORDERS VIA INTERNET
The following general terms and conditions for orders via the Internet govern exclusively, unless agreed otherwise between the parties, the relationship between the company BVBA FLANDERS DESIGN HOUSE, with its registered office at Pannestraat 225 - 227, 8630 VEURNE, with the company number 0807.053.658, with the telephone number + 32 58 31 47 71, fax number + 32 58 31 29 11, and buyers or users of the www.vitradirect.com website.
The current general terms and conditions for the order via the Internet may be amended at any time on the initiative of FLANDERS DESIGN HOUSE.
Prior to any transaction, the buyer from FLANDERS DESIGN HOUSE, shall acknowledge not only having taken cognizance of the current general terms and conditions but also, declare having accepted these terms and conditions unreservedly.
These general terms and conditions can not only be found on the website, but also mentioned on the confirmation of each order.
By placing an order, the purchaser expressly and unreservedly accepts the terms and conditions set out below:
Article 1: OFFERING AND PRODUCTS
1.1. The offerings of FLANDERS DESIGN HOUSE are without any commitment on its part, unless stipulated otherwise in its price quotes.
1.2. Only completely and correctly completed information sheets will be dealt with and answered by BVBA FLANDERS DESIGN HOUSE.
1.3. FLANDERS DESIGN HOUSE reserves the right, unless a definitive contract is entered into, to make any changes whatever at any time, which are intended to bring about an improvement in the goods.
1.4. In particular, the illustrations and descriptions in brochures, price lists and catalogues are for information, and are not determinant for the execution of the productions, in particular with regard to the wood structure, shades of colour or product changes.
1.5. With regard to the special finish of an article, an offer must be requested separately from FLANDERS DESIGN HOUSE. Goods to be produced according to the requirements and guidelines of the customer must be ordered from the official dealer on the spot, or in the sales room of BVBA FLANDERS DESIGN HOUSE, since these goods are de facto virtually unsaleable and the vendor cannot run the risk of the goods ultimately being refused as a result of the renunciation clause.
1.6. Any order, even notwithstanding immediate payment, only becomes definitive on written confirmation of acceptance of the order by BVBA FLANDERS DESIGN HOUSE, in which the order, terms and conditions will be clearly described and confirmed.
Article 2: ORDER and CONFIRMATION
2.1. The buyer acknowledges, at the time when the order is placed, that he has read the specific order terms and conditions shown on the screen with the description of the service or the product, the guide price, product characteristics, weight, quantity, colour, restriction of certain categories of products, probable delivery, and declares expressly that he accepts these unreservedly.
Placing an order and confirmation by the customer are evidence of the customer's complete and univocal acceptance of the general terms and conditions applicable to the contract, to the exclusions of all other general or specific terms and conditions emanating from the buyer, unless agreed otherwise expressly and in writing.
2.2. The order by the buyer via the Internet location is followed by an explicit written acceptance and confirmation by registered post, ordinary post, fax or e-mail of this order by BVBA FLANDERS DESIGN HOUSE.
2.3. The buyer confirms on his honour that all data and questions have been completed and answered correctly, and that failure to complete the forms fully or omitting data or giving of incorrect data and information entitles the vendor, BVBA FLANDERS DESIGN HOUSE to refuse the order and postpone or cancel delivery.
2.4. BVBA FLANDERS DESIGN HOUSE reserves the right to refuse amendments to an order, or accept it subject to changes in the terms and conditions.
2.5. BVBA FLANDERS DESIGN HOUSE reserves the right to refuse an order or impose additional conditions such as with large orders, exhaustion of stock, cessation of production of particular products, orders by minors, incomplete ordering procedures or problems with previous orders, as well as specific colours or versions requested by the customer which are not usually saleable.
Article 3: PAYMENT3.1. Complete payment must normally be made within forty-eight hours after placing the order, and the subsequent written confirmation. Payment may be made via bank transfer, or by credit card including Visa and Amex. The buyer must notify which means of payment he will use.
3.2. BVBA FLANDERS DESIGN HOUSE is entitled, if this is justified in its opinion, to suspend its delivery obligation until the buyer has met a request to this effect.
3.3. The customer shall be in default by the mere expiry of the due date, without any prior warning being required. Any order that is not paid for in full on the due date shall be charged, as of right and without prior warning, with contractually-agreed interest at the rate of 1% per month on the outstanding amount, until the date of full and final settlement of this amount.
Any expenses incurred by FLANDERS DESIGN HOUSE to uphold and exercise its rights, including expenses incurred due to non-payment or overdue payment, shall be borne by the buyer.
If the order is not paid for by the due date, i.e. within forty-eight hours of placing the order, the buyer shall, as of right and without prior warning, be liable to pay contractually-agreed, fixed-rate compensation of 10% of the unpaid invoice amount, with a minimum of € 250.
BVBA FLANDERS DESIGN HOUSE has the right to terminate all or part of a contract with the buyer without any intervention by the courts, and/or demand compensation, and in the event of partial termination to suspend or restrict delivery to the buyer, if the buyer does not fulfil his payment obligations to BVBA FLANDERS DESIGN HOUSE, or does not fulfil them in due time, or if the customer is declared bankrupt, applies for judicial composition, is put into administration, applies for suspension of payments, or is accepted for a debt management arrangement.
Article 4: DELIVERY
4.1. The goods shall only be dispatched to the buyer after BVBA FLANDERS DESIGN HOUSE has received all the correct data and information, and has received the payment.
4.2. All deliveries are made carriage-paid to the customer's warehouse. This implies that BVBA FLANDERS DESIGN HOUSE undertakes to transport the goods purchased to and to deliver to the premises of the buyer, or to the customer's residence, or the place of delivery indicated by the customer (e.g. work address, address of relatives or friends who are usually at home). Delivery shall be effected on the ground floor.
4.3. The buyer undertakes to check the goods delivered immediately on receipt.
4.4. The buyer is responsible for the persons who take delivery of the goods in his name and on his behalf, and sign for correct delivery of the goods and confirm compliance with the general terms and conditions.
BVBA FLANDERS DESIGN HOUSE undertakes, if necessary, to present the goods for delivery up to three times.
In accordance with the present contract and the Law on Commercial Practices, any total or partial loss and/or damage during transport of a product ordered is at the expense of the vendor, BVBA FLANDERS DESIGN HOUSE.
Any damage must be recorded at the time of receipt of the goods on the transport documents. Unless this is done, there can be no question of the goods being taken back or replaced. On signature of the delivery note, the buyer declares that he accepts the condition in which the goods are received and confirms his acceptance of the general terms and conditions.
The risk of damage or destruction to the goods purchased is only transferred to the customer once these goods have been delivered to the premises/residence/place of delivery of the buyer, and he has signed the delivery note.
If the goods cannot be accepted by the buyer for any reason after being presented for the third time, these shall be stored at the risk and expense of the buyer.
In case of absence by the buyer or refusal of receipt (after the third time of presentation) the costs shall be increased by the transport costs to and from the storage place, with a minimum of €125.
The buyer shall also be charged a fee for storage and insurance as well as extra administration, amounting to 5% of the value of the article for each month or part thereof that the article remains stored at BVBA FLANDERS DESIGN HOUSE.
4.5. Incorrectly transmitted delivery addresses are the buyer's responsibility and may give rise to additional charges.
4.6. Unless agreed otherwise, the prizes confirmed by BVBA FLANDERS DESIGN HOUSE as well as the transport and delivery of the goods include the transport and delivery of the goods to be buyer.
4.7. The goods are delivered to countries all over the world. For an order exceeding €250 including VAT, delivery to the following destinations is free: Belgium, the Netherlands, Luxembourg, France, Austria, Bulgaria, Switzerland, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, United Kingdom, Croatia, Hungary, Ireland, Italy, Liechtenstein, Lithuania, Latvia, Monaco, Norway, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia and Greece. With the exception of the islands associated with the following destinations.
The list of delivery tariffs for orders if the purchase amount is below € 250 is in the appendix.
For other destinations for countries not mentioned in the enclosed list, a separate price quote will be made.
4.8. The delivery periods mentioned in the appendix are not binding, but merely given for guidance. Any delay in delivery shall not constitute grounds for termination of the contract or payment of compensation to the buyer, except in the event of deliberate delay or of delay exceeding 30 days after the order is placed, provided that the goods are immediately deliverable from stock.
4.9. The customer accepts that the average delivery period of goods that are not in stock is at least eight to ten weeks.
4.10. If the goods are not delivered within thirty days after placing the order and payment of the goods ordered, in principle the contract is dissolved by right, unless the non-delivery is the consequence of force majeure or insufficient stock, or delay in delivery from the manufacturer.
4.11. Except in the case of non-delivery as a result of force majeure or a fault on the part of the buyer, if the contract is dissolved by right as a consequence of late delivery by the vendor, the buyer is entitled to compensation of €125 from the vendor.
4.12. BVBA FLANDERS DESIGN HOUSE is entitled to make partial deliveries.
4.13. In the event of non-delivery by FLANDERS DESIGN HOUSE, amounts already paid by the buyer shall be repaid, but without interest or other compensation.
4.14. Renunciation clause Pursuant to Article 79 if the Law on Commercial Practices and Consumer Protection of 14 July 1991, the parties expressly accept that the purchase becomes definitive from the eighth working day following delivery of the goods.
4.15. Consequently, the buyer has the right to notify BVBA FLANDERS DESIGN HOUSE that he renounces the goods ordered, without payment of penalty and without giving reasons, within seven working days from the day after the date after delivery.
"The consumer has the right to notify the vendor that he renounces the purchase, without payment of penalty and without giving reasons within seven working days from the date of delivery of the product or the conclusion of the services contract".
The goods must be sent back undamaged and unused within an acceptable period of 5 working days after such notification by the buyer to BVBA FLANDERS DESIGN HOUSE.
The buyer must send a copy of the invoice and an accompanying letter quoting the invoice number with the returned goods.
BVBA FLANDERS DESIGN HOUSE shall refund the original amount of the
order to the buyer as soon as the returned item has been received in good condition, complete and undamaged. This refund must occur no later than thirty days after the renunciation.
The buyer is responsible for timely and correct return of the goods
and must pay the shipping costs for the return of the goods himself.
BVBA FLANDERS DESIGN HOUSE shall only refund the buyer's shipping costs if the buyer did not receive the item that he/she ordered or if the article was received in damaged condition by the buyer.
BVBA FLANDERS DESIGN HOUSE can only refuse goods returned to it if the products are damaged by the buyer himself/herself. Goods which are returned by the buyer without prior notice will not be accepted by BVBA FLANDERS DESIGN HOUSE.
If the goods have already been shipped and the buyer wishes to cancel the order, he will have to wait until the goods arrived, and then cancel the order in accordance with the paragraph mentioned above. Here too, BVBA FLANDERS DESIGN HOUSE shall refund the original order amount to the buyer once the returned item has been received.
The buyer must always enclose a copy of the order with an accompanying letter quoting the invoice number. The buyer bears the responsibility for the return shipment.
The goods must be returned to the registered office of BVBA FLANDERS DESIGN HOUSE, in BELGIUM, at Pannestraat 225 -227, 8630 VEURNE.
Article 5: RETENTION OF OWNERSHIP
5.1. The goods delivered remain the property of BVBA FLANDERS DESIGN HOUSE until the amounts payable for the supplies, including contractually-agreed interest, flat-rate compensation and any judicial expenses have been settled by the buyer.
As already mentioned, the risk of damage, loss or destruction of the goods are also transferred to the buyer once the goods have been delivered to him/her, or from the time of third presentation for delivery.
The buyer declares expressly that this retention of ownership is known to him/her and it has been agreed between the parties that the risk of loss, theft or damage shall be transferred to the buyer no later than at the time of delivery of the goods for the third time that they are presented for delivery.
Article 6: WARRANTY
6.1. BVBA FLANDERS DESIGN HOUSE warrants for a period of two yearsx after delivery the materials and the construction except if any defect or damage is the consequence of incorrect use, lack of maintenance or due care, or negligence by the buyer.
No warranty is given with regard to glass, textiles, leather, marble, varnish and cracks in the veneer. In the event of any defect under the preceding warranty clause, BVBA FLANDERS DESIGN HOUSE is only bound, at its discretion, to repair or replace parts or the item concerned. Any liability of BVBA FLANDERS DESIGN HOUSE for other loss or damage is expressly ruled out. Any repair or replacement shall not have the effect of extending the warranty period. The parts replaced shall become the property of BVBA FLANDERS DESIGN HOUSE once the replacement is made.
6.2. A buyer who wishes to claim against the warranty must notify BVBA FLANDERS DESIGN HOUSE in writing within 48 hours of the discovery of a defect.
A warranty claim may only be entertained if the order form and the confirmation of order are produced and only applies to goods used, stored and maintained for their normal intended purpose with due care and attention, and according to the vendor's instructions.
BVBA FLANDERS DESIGN HOUSE reserves the right to inspect the goods or even have them tested by third parties with regard to the warranty granted.
Article 7: LIABILITY
7.1. Notwithstanding the application of mandatory legal provisions on the subject, the parties agree that BVBA FLANDERS DESIGN HOUSE may only be held liable in the event of serious misdemeanour or deliberate action, and on condition that proof positive is provided of the causal connection between the serious misdemeanour or deliberate action and the prejudice sustained.
In the event of such liability, the parties expressly accept that BVBA FLANDERS DESIGN HOUSE may only be held liable for prejudice which is the direct consequence of the proven serious misdemeanour or deliberate action, and for which the maximum amount shall be limited to the amount of the invoice paid by the buyer for the supplies concerned.
BVBA FLANDERS DESIGN HOUSE shall not bear any liability whatever for any indirect loss, such as loss of income, redress by third parties and the like.
7.2. Any redress or liability of BVBA FLANDERS DESIGN HOUSE shall lapse if the buyer makes changes to the goods supplied without prior written consent of BVBA FLANDERS DESIGN HOUSE or if it is determined independently that the defects are not attributable to a fault by BVBA FLANDERS DESIGN HOUSE.
Article 8: FORCE MAJEURE
8.1. In the event of a freak event and/or force majeure, or in the event of insufficient stocks at the manufacturer, the delivery obligation of BVBA FLANDERS DESIGN HOUSE shall be suspended, and it shall have the right to total or partial cancellation of the contract or order or to postpone its performance without a notice period or compensation. The buyer must be informed of this in writing.
8.2. If the case arises, BVBA FLANDERS DESIGN HOUSE cannot be held liable in any way whatever for non-fulfilment of its obligations, nor for any loss which the buyer may sustain as a consequence.
8.3. Force majeure is deemed to mean: total or partial impediment, limitation or cessation of business - for whatever reason - by BVBA FLANDERS DESIGN HOUSE or one of its suppliers, mobilisation, war, hostilities, revolt, industrial dispute, lock-out, poor weather, conspiracy by employees, prevention of railway traffic or transport by other means of transport or shortage thereof, shipwreck, loss, damage or breakdown of means of transport and in general, circumstances that have a disruptive effect on regular production and delivery of the goods.
8.4. Of course, the buyer is released from his obligations in the event of force majeure.
Article 9: DISPUTES
9.1. These terms and conditions of sale are governed exclusively by Belgian law, and the legal consequences deriving therefrom.
Any disputes shall be submitted to the sole jurisdiction of the courts of the Veurne legal district, where the registered office of BVBA FLANDERS DESIGN HOUSE is established, in order to limit the administrative costs on the one hand, and ensure unambiguous interpretation and application of the terms and conditions on the other.
Article 10: PERSONAL DATA
10.1.By placing an order on the Internet site of BVBA FLANDERS DESIGN HOUSE, the buyer expressly authorises the processing and use of his/her personal data for purposes such as administration of the customer database, administration of orders, deliveries and invoices, monitoring of solvency, marketing and advertising.
Processing for marketing purposes and customised advertising shall only occur if the customer has expressly given his/her consent to this during the order process. BVBA FLANDERS DESIGN HOUSE shall not communicate the data to third parties. The buyer shall have the right to inspect and correct all data relating to him/her. The buyer shall be entitled at all times to object, free of charge, to processing for direct marketing purposes. For further information, the buyer is invited to refer to the public register maintained by the Commission for the Protection of Privacy in Brussels.
Article 11: EVIDENCE
11.1.All parties accept electronic communication as evidence within the context of their business relationship (including the e-mails, backups, etc.)
Article 12: GENERAL
12.1. Invalidity of any clause of these terms and conditions shall not have any influence on the validity of the other terms and conditions, and shall not result in invalidation of the other clauses.
Article 13: ROUTING
13.1.The buyer may monitor at any time the routing of the goods ordered. By logging in to the site, the buyer can see where the goods are.