'Terms and Conditions': these general terms and conditions that apply to the relationship between you and us when purchasing Products;
'Agreement': Any agreement whereby we undertake to provide the Products to you provided that the General Terms and Conditions are met;
'Party/Parties': you and/or we;
'Product': all goods offered for sale on www.flexfurn.com
'You your': Any natural or legal person who acts for purposes falling within his business or professional activity and who has or will have a contractual relationship of any kind with us.
'Website': www.flexfurn.com
'We/us/our': Flexfurn as stated in article two of these General Terms and Conditions.
2. Our identification
Who are we:
Flexfurn
Essenschotstraat(H) 5A
3980 Tessenderlo
VAT: 0455.313.446
Email: info@flexfurn.com
Phone: + 32 (0) 13 67 62 11
3. Application
3.1 These Terms and Conditions apply to all purchases of our Products. When placing an order, you must expressly accept these General Terms and Conditions and agree to their application. These General Terms and Conditions apply to the exclusion of other conditions. Unless these have been expressly accepted by us in writing, any general or special terms and conditions you may have are expressly excluded. Notwithstanding the foregoing, these General Terms and Conditions do not affect the legal rights mandatorily granted to you under Belgian consumer protection law.
3.2 We reserve the right to change these Terms and Conditions from time to time. However, the version of these General Terms and Conditions that applied at the time of the order will continue to apply between you and us with regard to the purchase.
4. Offer and acceptance
4.1 We make every reasonable effort to make the information about the properties of the Products and illustrations of the Products as accurate as possible, to the extent that technical resources permit. Certain non-substantial characteristics of a Product may differ upon delivery from the photographs and descriptions shown on the Website. There may be a difference between the color of the Product and the color of your computer screen. However, this cannot be a ground for invoking non-conformity of the delivery.
4.2 We are not bound by an offer if this offer is clearly affected by an error or error. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the agreement. We cannot be held liable for any (printing) errors in our prices or conditions.
4.3 Your acceptance of our offer is done by placing the order on our Website. This purchase is binding. We will send a confirmation of the order to the e-mail address you provided within seven (7) calendar days.
4.4 We reserve the right to refuse any order due to any serious failure by you to make 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 create a valid Agreement. We may use all electronic files available to us, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential evidentiary requirement.
5. Our prices
5.1 The prices of our Products are listed on the Website and are fixed at the time of ordering. The price statement applies exclusively to the Products as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. All prices stated there are expressed in EURO and are exclusive of VAT and any other duties or taxes payable by you. Any other costs charged will be stated separately.
5.2 We have the right to change 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, you will be charged.
6. Payment
6.1 In principle, every payment is processed immediately and in full, from the moment you place the order. For the payment of our Products we accept Bancontact, credit cards, iDeal, PayPal, bank transfer and GiroPay.
6.2 We may expand payment options in the future. We take all reasonable measures to ensure the security of your online transactions. We guarantee this security by using specialized parties such as recognized credit card issuers and payment partners.
6.3 We use the external payment platform of www.mollie.com to process payments. The necessary security measures are provided via TLS. The general terms and conditions of www.mollie.com apply to these payments, which is solely responsible for the correct execution of online payments.
6.4 We defer our delivery obligations until receipt of full payment of all amounts due from you. We retain ownership of all ordered Products until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.
7. Delivery
7.1 We process every order as quickly as possible. We make every reasonable effort to deliver your online order within 4 working days.
7.2 It is your responsibility to facilitate delivery at the agreed location in your presence or in the presence of a third party designated by you. Delivery takes place as soon as the ordered Products have been offered to you once. If an offered delivery is unsuccessful due to a shortcoming on your part or due to a shortcoming on the part of the third party designated by you, the costs of new delivery attempts are entirely at your expense.
7.3 We rely on reliable external parties for delivery, in particular TNT, Dachser and Verhaegen. Involving external parties can affect delivery. Following a non-delivered order, an investigation will immediately be initiated by the carrier. This takes several days and a refund or other shipment cannot be made.
7.4 If we are unable to have the Products delivered at the agreed time or within 2 weeks, you will request delivery within an additional period that is appropriate given the circumstances. If we do not deliver within the additional period, you have the right to terminate the Agreement. In such a case of termination, we will promptly and no later than fourteen (14) days after termination of the Agreement reimburse all amounts paid. Exceeding the delivery period does not give rise to any other (damage) compensation.
7.5 Until full payment has been made, the delivered Products remain our exclusive property. However, the risk of loss or damage passes to you as soon as you (or a third party designated by you) have physically received the Products. However, please note that although you retain ownership of the Product upon full payment, you do not acquire our intellectual property rights (as referred to in clause 11 (Intellectual Property) owns. Such intellectual property rights shall at all times remain vested in us or our licensors.
7.6 If necessary, you undertake to inform third parties of our above retention of title, e.g. to anyone who would seize the items that have not yet been fully paid for. In this context, you undertake to immediately notify us in writing of any attachment that may have been placed on the delivered products by a third party.
8. Warranty
8.1 We are responsible, in accordance with Articles 1641 to 1649 of the Dutch Civil Code, for the hidden defects in the Products supplied by us. The system of hidden defects does not apply if you were aware of these defects at the time of concluding the Agreement. You are therefore entitled to repairs if, after delivery, you discover a hidden defect in the delivered Product, in accordance with the legal regulations.
8.2 The warranty for hidden defects does not apply to:
- damage caused by normal wear and tear, accidental or intentional changes made by you to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;
- damage caused by installation and use in a manner not in accordance with the instructions and information provided;
- damage caused after the removal of seals on certain parts and after removal or rendering illegible of the serial number and other numbering of product series.
8.3 Once you or a third party appointed by you receives the Products, you are obliged to carefully examine the Products. If a Product is affected by a defect, visible or invisible, and you wish to have it repaired, replaced or refunded, you must notify us within seven (7) days of discovering the defect. You must substantiate your request sufficiently. If your request does not contain sufficient evidence, your request may be rejected.
8.4 The Products affected by a visible defect must be returned to Flexfurn (Essenschotstraat 5A, Industrial Zone Ravenshout, 3980 Tessenderlo), always in their original condition, including their packaging, accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any failure to meet this obligation will be reduced proportionately upon reimbursement.
8.5 The Products that have been affected by a hidden defect must be returned to Flexfurn (Essenschotstraat 5A, Industrial Zone Ravenshout, 3980 Tessenderlo), in their current condition, including their accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any failure to meet this obligation will be reduced proportionately upon reimbursement.
8.6 The return of a non-conforming or defective Product (both visible and hidden defects) is always at your risk. The costs of return are at our expense, provided that the Customer meets the warranty conditions. We will provide you with a return slip or arrange for the collection of the defective Product. The Customer who wrongly returns a Product to us will be responsible for the costs. In any case, we recommend that you return these Products by registered post and with insurance, to avoid the risks of loss and theft. This return must be done at the latest within seven (7) calendar days after communication.
8.7 If the above conditions are met, you are firstly entitled to a 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, are you 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 be greater than the amount invoiced to the Customer.
8.8 If the Products were wrongly returned because the above conditions were not met, we will resend them to you. You will be responsible for the costs of this return. In that case, we are free to store the Products with third parties at your expense and risk as long as these return costs have not been paid.
9. Liability
9.1 To the extent permitted, we cannot be held liable for indirect damage or consequential damage. Unless excluded by mandatory law, we are only liable for damage caused by failure to comply with our obligations, if and to the extent that this damage is caused by our intentional and serious error. We are not liable for other errors.
9.2 Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. Furthermore, nothing in these 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 fraudulent misrepresentation.
9.3 If we are found liable, the amount of compensation will be limited to the total amount you paid for the purchased Products.
10. Protection of personal data
10.1 The information you provide is necessary for the processing, handling and completion of your orders, and the preparation of invoices. If this information is missing, your order cannot be processed. Providing incorrect or false personal data is considered a violation of the current General Terms and Conditions. Your personal data will only be processed in accordance with our privacy policy.
11. Intellectual Property
11.1 We guarantee that we have the necessary rights to offer our Products. All intellectual property rights and derivative rights to these Products remain with us and/or the actual rightful party. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts.
11.2 The content of the Website is our property. This includes: texts, graphics, photos, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is prohibited to copy, publish, reproduce or use this content in any other way without written permission from us.
12. Force majeure
12.1 We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure means the situation in which the performance of our obligations is prevented in whole or in part, temporarily or otherwise, by circumstances beyond our control, such as, but not limited to, fire, strikes and lock-outs, storm, flood, IT, internet or telecommunications disruptions, non-delivery or late delivery from suppliers or other third parties involved, stock depletion, government decisions or interventions (including the refusal or cancellation of a permit or license), fuel shortages, errors or delays due to third parties.
12.2 In the event of force majeure, these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, each Party is entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation for this (except for the reimbursement of the product that was paid for by you and not delivered).
13. General
13.1 If any provision of these General Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, this nullity, invalidity or unenforceability will in no way affect the validity or enforceability of the other provisions of these General Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the extent possible, negotiate to replace the void, 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 require strict application of any of the provisions of these General Terms and Conditions cannot be considered as an implied waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.
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 replace all previous agreements and proposals, oral and written, including any terms and conditions of the Parties.
13.4 The General Terms and Conditions always and exclusively apply to all current and future Agreements between you and us, except in the case of an explicit deviation. An express deviation is only valid to the extent that it is the result of a mutual agreement between you and us that is expressly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these General Terms and Conditions remain fully applicable.
14. Applicable law / competent court
14.1 To the extent permitted by law, all agreements to which these General Terms and Conditions apply are governed by Belgian law, with 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 falls under the exclusive jurisdiction of the court where our head office is located, unless the law prescribes a different court.
© 2019 deJuristen ICT law & intellectual property (http://www.ictrecht.be). The information provided (general terms and conditions, privacy statement and disclaimer) is legally copyrighted, so that the information may not be reproduced or communicated without the prior written permission of deJurists (contact@dejuristen.be). All applicable intellectual property rights are therefore retained.