Article 1: Identity of the seller
9990 Maldegem, Belgium
Email address: email@example.com
Telephone number: +32 50 69 59 01
Company registration number: BE 0650.983.826
Article 2: Applicability
1. Unless agreed otherwise in writing, our General Terms and Conditions apply to any proposal we make to you as a customer (namely, any person who acts in the capacity of a consumer within the meaning of Section I.1, paragraph 2 of the Belgian Code of Economic Law (WER = Wetboek Economisch Recht) and any person who acts in the capacity of a company within the meaning of Section I.8, paragraph 39 WER), and also to all agreements, offers and orders and the services, sales, deliveries and invoices ensuing from these.
2. We solely deliver in Belgium and the Netherlands. If you provide a delivery address that is in a different country, we may decline your order.
3. To place an order, you must be at least 18 years of age. If you are younger than 18, we kindly ask that you have your parents or legal guardian place the order. If we notice that an order has been placed by a minor, we may decline that order.
4. Placing an order via the website or by email, unless agreed otherwise in writing, is considered as express acceptance of our General Terms and Conditions which can be consulted at all times on the website.
5. Unless agreed otherwise in writing, the General Terms and Conditions below and also the General Terms and Conditions stated on the reverse side of your invoice take precedence over the contractual conditions shown on the customer’s documents, which means that these conditions will be deemed to not exist.
Article 3: Our offer and your order
1. If an offer only has a limited validity or is subject to certain conditions, we will clearly state this in our offer.
2. We will always provide the clearest and most accurate description of what you are purchasing and how the ordering process will work. In all cases, the description will be sufficiently detailed for you to reach a reasonable opinion. The images on the website and the samples we supply of the materials used are solely indicative and may vary in terms of colour, wood texture and construction.
3. If you place an order via the website, the order is complete and the agreement between us is final once you accept the General Terms and Conditions and we confirm your order by email. If the payment does not go through, the order is complete and the agreement between us is final once you receive an invoice from us by email. If you place an order by email, the order is complete and the agreement between us is final once you accept the price quotation (under the enclosed General Terms and Conditions).
4. We accept the following means of payment (as shown on the website) to settle your order: Bancontact, Visa, Mastercard, Paypal, iDeal and bank transfer. If you card issuer rejects your payment to us, we cannot be held responsible for any delays to the delivery or a failure to deliver your order. We will not accept or process orders without valid payment in the name of the registered card holder.
5. To purchase a product via the website, you need to add the product to your shopping basket. You then have to enter your contact details and invoicing details. In the final stage, you will see a summary page. You must accept our General Terms and Conditions and confirm your payment by clicking on the “pay securely” button. Once you have gone through these steps and payment has been made, you will receive an order confirmation and then your purchase will be final in accordance with Article 3.3 of these General Terms and Conditions.
Article 4: Right of withdrawal
1. Maatkasten Online only makes custom-made goods. Custom-made goods cannot be returned.
Article 5: Cancellation of the order
If you would like to cancel your order, we retain the right to invoice you for a fixed sum of compensation that is calculated as follows:
- 30% of the total contract price from the order date to six days before the anticipated delivery date;
- 90% of the total contract price from the fifth day before the anticipated delivery date until the day of delivery.
We retain the right in both cases to claim for our actual loss if this is higher. If the order is cancelled at our expense you will only have the right to the same fixed sum of compensation where you are acting in the capacity of a consumer, except in case of force majeure.
Article 6: The price
1. When you choose to click the “pay securely” button, you accept our General Terms and Conditions. Once you have received an order confirmation, the purchase is final and the price (and also any discount applied) can no longer be changed.
2. Our prices include all taxes, VAT, duties and services. We retain the right to also charge for the delivery costs on top of the purchase price. In that case, we will always notify you before you have finalised your purchase. We furthermore retain the right to ask for an advance payment of 60% of the total contract price.
3. We reserve the right to charge for any additional work you request us to perform. Additional work is understood to mean any change to the agreement or the conditions of performance and any transaction, delivery, work or change to quantities that is not described in the quotation or the order confirmation. Contrary to Section 1793 (old version) of the Belgian Civil Code, additional work may be proven by all legal means.
4. If it takes longer than one hour to deliver the goods ordered by the customer as a result of delays that are attributable to the customer (including, but not limited to needing to create space in a room in order to store the delivered goods), OIC retains the right to charge €10 for each extra quarter of an hour.
Article 7: Payment
1. When you place your order via the website and you choose to pay by Bancontact, Visa, Mastercard, Paypal or iDeal, the amount of the order will be immediately payable in full.
2. If you opt to pay by bank transfer, the amount of the order is payable within fourteen days. If you place your order by email, the amount of the order is payable as stated on the invoice.
Article 8: Conformity and guarantee
1. We guarantee that our goods are in conformity with your order and meet normal expectations, taking into account the product specifications. We naturally also guarantee that our goods meet all applicable legal provisions.
2. Where you act in the capacity of a consumer, with regard to the supply of goods, we adhere to the statutory minimum guarantee period of two years if the goods purchased do not conform to the order placed. This means that we will repair or replace these goods at no charge in the event of any faults or defects in the purchased goods up to 2 years after delivery.
Where this is possible and reasonable, you have the choice between repair or replacement. Only if the repair or replacement is disproportionate or impossible or cannot be performed within a reasonable period, you will have the right to demand a price reduction or the dissolution of the purchase agreement.
If the defect or fault appears within 2 years of delivery, the fault or defect is deemed to have already existed before the delivery unless we can prove the contrary. After 2 years, the consumer bears the burden of proving that the fault was already present at the time of delivery.
3. If you act in the capacity of a company, you must report any complaints to us in writing within 8 days of delivery, otherwise the delivery will be deemed to have been accepted and to have occurred in conformity with the agreement. If you make a complaint, which proves to be well-founded after investigation, we may opt to repair or replace the purchased goods or refund to you (partly or in full) the price of the non-conforming goods.
Article 9: Delivery and performance
1. All goods and services are delivered to the address you provided with your order. You are responsible for any errors in the delivery addresses that you tell us and this may lead to additional costs. Deliveries are always to ground floor locations.
If you place an order via the website, you have the option to enter your preferred delivery date in the online calendar. You will see your chosen delivery date in the order confirmation that you receive once your payment has gone through. If the payment does not go through and you receive an invoice from us, the delivery date you chose in the online calendar continues to apply. If you place an order via email, we will inform you about the expected delivery date by email.
2. If we are unable to deliver on time, we will always notify you before the expected delivery period. If we do not meet the expected delivery date, this can never be a reason to claim for any compensation or to cancel the order. If we are unable to fulfil an order or if we are unable to fulfil an order within the proposed delivery period due to circumstances beyond our control, we may notify you to extend the delivery period without this giving the customer any right to compensation. Delivery and transport are always at the customer’s risk.
Article 10: Retention of title
We retain the right of ownership to all delivered goods and services (and also the ownership of the associated intellectual property rights) until all amounts due to us under any legal ground which have arose or will arise from our commercial relationship have been paid in full. The customer bears all risks of damage or loss to the goods.
Article 11: Force majeure
1. In the event of force majeure, we are not obliged to comply with our obligations. In that case, we will either suspend our obligations for the duration of the force majeure or permanently terminate the agreement.
2. Force majeure is any circumstance beyond our intention and control that fully or partly prevents us to comply with our obligations. We understand this to include strikes, fire, interruption of operations, power failures, malfunctions in a telecommunications network or other network or connection or use of communications systems and/or the unavailability at any time of our website, the non-delivery or late delivery by suppliers or other third parties used, … (this list is not exhaustive).
Article 12: Liability
1. We cannot be held liable for defects that arise from improper usage by you or by third parties, nor for any consequential damage or damage arising from transport. We undertake to carefully carry out all services we provide and also to deliver the goods in a good condition. All our services are best effort obligations.
2. You are aware that there may be variations in terms of colour, wood texture and construction and that this does not give you any entitlement to compensation or repair.
3. In so far we depend on cooperation with and services and supplies from third parties for the performance of our obligations, we cannot be held liable for any damage arising from errors on their part, including serious or deliberate errors.
4. We cannot be held liable in any way for any other use of the goods delivered than originally described in the agreement, quotation, and/or order.
5. Our liability is limited to the damage that arises directly from a failing that is attributable to us and in all cases is limited up to the amount of the invoice for the delivered goods from which the respective damage arose.
6. Any claim made by you the customer against us for compensation will lapse by operation of law if it is not brought before the competent court within three years of the facts underpinning this claim being discovered or could have been reasonably discovered by you.
Article 13: Intellectual property
1. Our website, 3D tool, logos, texts, photos, names and in general all of our communication are protected by intellectual property rights that are vested in us or vested in our suppliers or other holders.
2. It is prohibited to use and/or make changes to the intellectual property rights described in this clause. For instance, you may not copy or reproduce drawings, photos, texts, logos, colour combinations and so forth without our prior and express written permission.
Article 14: invalidity
1. The invalidity, inapplicability or non-enforceability of any specific provision of these General Terms and Conditions or of any agreement with us does not lead to the invalidity or non-enforceability of any other provisions in these General Terms and Conditions or the agreement.
2. The invalid or non-enforceable provision will be substituted in consultation between us and you as the customer – in which we will negotiate to the best of our ability and in good faith – by a legally valid provision with the same or equivalent economic scope.
Article 15: Complaints procedure and disputes
1. We naturally hope that our customers are always 100% satisfied. Nevertheless, if you have a complaint about our services, you can email us at firstname.lastname@example.org. We will do our utmost to handle your complaint within 7 days.
2. Belgian law applies exclusively to all agreements, quotations, services, orders and the ensuing sales, deliveries and invoices. The applicability of the Vienna Sales Convention is expressly excluded. Any dispute will be referred to the exclusive jurisdiction of the courts having jurisdiction over our registered office.
3. To settle a dispute out of court, the Consumer Ombudsman Service of FPS Economy is authorised to receive any request for out of court settlement of consumer disputes. It will either handle the request itself or forward it to the competent body. You can contact the Consumer Service via this link: http://www.consumentenombudsdienst.be/nl
In the event of a cross-border dispute, you can also rely on the Online Dispute Resolution platform of the European Union via this link http://ec.europa.eu/odr