General Terms and Conditions BV VANDEWAETERE TRADING
Article 1: Applicability
These general conditions apply to all offers from BV
VANDEWAETERE TRADING and any remote agreement that has been established
between consumer and BV VANDEWAETERE TRADING, with registered office
established at 8850 ARDOOIE, Sint-Maartensveldstraat 18 and with company number
Deviation from the general conditions is only possible by means of a previous one
written agreement between BV VANDEWAETERE TRADING and the consumer.
By accepting an offer from BV VANDEWAETERE TRADING, placing it
an order with or signing an agreement with BV
VANDEWAETERE TRADING, the consumer declares the current general conditions
read and understood, fully and irrevocably agree with the content
and the applicability thereof to all legal relationships with BV VANDEWAETERE
With a distance contract that is concluded electronically, the text of this
general terms and conditions made available electronically to the consumer
in such a way that it can be easily achieved by the consumer
stored on a durable medium. If this is not reasonably possible, will
before the distance contract is concluded, the whereabouts of the
general terms and conditions can be consulted electronically and that they are on
request from the consumer by electronic means or otherwise
Article 2: Definitions
Consumer: the natural person who does not act for purposes related to
his trade, business, craft or professional activity.
Lack: not functioning according to the specifications of the delivered goods.
Cooling-off period: the period within which the consumer can make use of his
right of withdrawal.
Day: calendar day
Right of withdrawal: the possibility for the consumer to cancel within the cooling-off period
the distance contract.
Distance contract: an agreement between BV VANDEWAETERE
TRADING and the consumer is closed within the framework of an organized system
for distance selling of products, digital content and / or services, up to and including the
conclusion of the agreement exclusively or partly made use of one or more
techniques for remote communication.
Model withdrawal form: it is included in Appendix I of these conditions
European model form for withdrawal. Appendix I does not have to be made available
if the consumer has no right of withdrawal in respect of his order.
Article 3: Identity of BV VANDEWAETERE TRADING
BV VANDEWAETERE TRADING
Acting under the name: Vandewaetere Trading
8850 ARDOOIE - BELGIUM
Telephone number: +32 (0) 473 712 997
VAT identification number: BE0429490759
Article 4: The offer
The offer contains a complete and accurate description of the offered
Products. The description, which contains an explanation of the (main) characteristics of the good,
is sufficiently detailed for a proper assessment of the offer by the consumer
possible. If BV VANDEWAETERE TRADING uses images,
these are a true reflection of the offered products, services and / or
digital content. Obvious mistakes or obvious errors in the offer bind BV
VANDEWAETERE TRADING does not.
Each offer contains such information that it is clear to the consumer what the rights and
obligations attached to the acceptance of the offer.
Article 5: The agreement
The agreement is, subject to the provisions of paragraph 3, concluded on the
moment of acceptance by the consumer of the offer and the fulfillment thereof
If the consumer has accepted the offer electronically, BV confirms
VANDEWAETERE TRADING immediately by electronic means the receipt of the
acceptance of the offer. As long as the receipt of this acceptance is not made by BV
VANDEWAETERE TRADING has been confirmed, the consumer can terminate the agreement.
BV VANDEWAETERE TRADING can inform itself within legal frameworks
whether the consumer can meet his payment obligations, and of all those facts and
factors that are important for a responsible conclusion of the agreement
distance. If BV VANDEWAETERE TRADING is good on the basis of this research
grounds to not enter into the contract, he is entitled to a motivated one
to refuse an order or request or to apply special conditions to the execution
Article 6: Price
The prices stated in the price lists, offers and agreements are expressed in EURO and
always including VAT, but excluding shipping costs.
The shipping costs are calculated based on the type of package (small, normal or large)
volume) to be delivered as well as depending on the country to which the shipment is being made.
As Annex II, an overview of these conditions is attached
If additional costs are due, this will be explicitly stated in the offer
During the period of validity indicated in the offer, the prices of the
offered products not increased, except for price changes due to
changes in VAT rates.
Article 7: Delivery
BV VANDEWAETERE TRADING will take the greatest possible care
when receiving and implementing orders for products.
The products can be picked up on site or sent by courier service
by BV VANDEWAETERE TRADING to the place of delivery.
The address that the consumer applies to BV VANDEWAETERE is the place of delivery
TRADING has made known.
With due observance of the provisions in article 4 of these general terms and conditions
stated, BV VANDEWAETERE TRADING will accept accepted orders with skillful
urgently but within 30 days at the latest, unless a different delivery period is
If the delivery is delayed, or if an order is not or only
can be partially executed, the consumer will receive no later than 30 days after
he has placed the order, message. In that case, the consumer has the right to the
to terminate the contract without incurring any costs, if he / she is BV VANDEWAETERE TRADING
inform us in writing within 24 hours.
After dissolution in accordance with the previous paragraph, BV VANDEWAETERE TRADING will pay the amount
the consumer has paid back immediately.
Article 8: Transfer of ownership of physical goods
When purchasing physical goods, the delivery of the goods only takes place
place after receiving full payment of the prize.
The risk of loss, decay or damage to products, irrespective of the cause, is based
at BV VANDEWAETERE TRADING until the moment of delivery to the consumer or
a pre-designated and announced BV VANDEWAETERE TRADING
representative, unless expressly agreed otherwise.
Article 9: Payment
For payment the consumer is offered a number of possibilities: either via
transfer (consumer then receives an e-mail with a transfer form and all
useful data) or via Paypal, Bancontact / Mister Cash or i-Deal (consumer is the
link to the respective chosen secured site).
The order is confirmed when you click on 'confirm' after payment
order process. When your order is registered, a confirmation to it
e-mail address provided by you to accept your order.
Unless otherwise stipulated in the agreement or additional terms and conditions,
the sums due by the consumer are to be paid immediately.
Orders will only be processed after receipt and collection of the order
Article 10: Warranty
BV VANDEWAETERE TRADING guarantees that the products comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
soundness and / or usability and on the date of the creation of the
agreement existing statutory provisions and / or government regulations. BV
VANDEWAETERE TRADING refers to the existence of the legal guarantee of
conformity of goods.
Article 11: Liability
BV VANDEWAETERE TRADING is in no way responsible for the correct application
and / or use of the physical goods by the consumer. To the fullest extent possible
permitted by the applicable legislation is BV VANDEWAETERE TRADING not
liable for any direct or indirect damage that would occur
due to the use of the physical goods.
BV VANDEWAETERE TRADING is also not liable for damage caused by:
- Reasonably exceeding delivery and execution times and exceeding
due to changed circumstances
- Inadequate cooperation of the consumer
- Failure to execute or not timely execute contracts if this is impossible
as a result of force majeure, labor disputes or any other unforeseen
circumstance, which is also understood as causing delays
by any act that is due to third parties, as well as strikes,
natural disasters, lack of transport and others.
In any case, BV VANDEWAETERE TRADING will never be liable for
The maximum liability of BV VANDEWAETERE TRADING towards the
the consumer, on any ground whatsoever, is limited to the total amount of invoices from
BV VANDEWAETERE TRADING that the consumer has paid or the amount of
€ 2,500.00, the lowest of the aforementioned amounts being the
Article 12: Right of withdrawal
The consumer can make an agreement regarding the purchase of a product
dissolve during a cooling-off period of 14 calendar days without giving any reason.
BV VANDEWAETERE TRADING may ask the consumer about the reason for this
revoke, but do not oblige it to state its reason (s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or an advance by
the third party designated by the consumer, who is not the carrier, has received the product, or:
a. If the consumer ordered several products in the same order: the day
on which the consumer, or a third party designated by him, has the last product
receive. BV VANDEWAETERE TRADING may, provided he is the consumer here
prior to the order process has informed in a clear manner, a
order multiple products with different delivery times.
b. If the delivery of a product consists of several shipments or parts:
the day on which the consumer, or a third party appointed by him, the last
shipment or the last part.
During the reflection period, the consumer will carefully handle the product and the
packaging. He will only unpack or use the product to the extent necessary for the
nature, characteristics and functioning of the product. He will not do the product
neither paint nor incorporate into another good. The starting point here is that the
the consumer may only handle and inspect the product as he would in a store
are allowed to do.
The consumer is only liable for the depreciation of the product that it
consequence of a way of dealing with the product that goes further than allowed in paragraph
Article 13: Exercising the right of withdrawal and associated costs
If the consumer makes use of his right of withdrawal, he reports this within the
reflection period by means of the standard form for withdrawal (see Annex I) or on
other unambiguous manner to BV VANDEWAETERE TRADING.
As soon as possible, but within 14 days from the day following the date referred to in paragraph 1
notification, the consumer returns the product, or hands it over (an authorized representative
van) BV VANDEWAETERE TRADING. This is not required as BV VANDEWAETERE
TRADING has offered to collect the product itself. The consumer has the
return period in any case if he returns the product before the
reflection period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible
possibly in original condition and packaging, and in accordance with the VANDEWAETERE BV
TRADING provided reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies
with the consumer.
The consumer bears the direct costs of returning the product. If
BV VANDEWAETERE TRADING has not reported that the consumer must pay these costs
or as BV VANDEWAETERE TRADING indicates that you have to bear the costs yourself
the consumer not to bear the costs for return.
Article 14: Obligations of BV VANDEWAETERE TRADING on the occasion of
As BV VANDEWAETERE TRADING the notification of the withdrawal by the consumer
electronically, he will send immediately after receiving this report
an acknowledgment of receipt.
BV VANDEWAETERE TRADING will reimburse all payments from the consumer, including
any delivery costs charged by BV VANDEWAETERE TRADING
for the returned product, without delay but within 14 days following the day
on which the consumer notifies him of the withdrawal. Unless BV VANDEWAETERE TRADING
offers the product to pick up himself, he may wait with refund until he has the product
has received or until the consumer demonstrates that he has returned the product to
whichever is earlier.
BV VANDEWAETERE TRADING uses the same payment method for reimbursement
the consumer has used, unless the consumer agrees to another method. The
reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the
cheapest standard delivery, BV VANDEWAETERE TRADING does not need the additional
costs for the more expensive method can not be refunded.
Article 15: Miscellaneous
The nullity, invalidity or unenforceability of one of the provisions of this
general terms and conditions do not in any way affect the validity or enforceability
of the other provisions of these terms and conditions. In case of nullity,
invalidity or unenforceability of a provision will be BV VANDEWAETERE
TRADING and the consumer make every effort to replace the provision with one
valid and enforceable provision that is closest to the intentions of the parties.
These terms and conditions can not be tacitly waived. It alone
tolerance of a consumer's behavior in violation of the agreed
terms and conditions do not constitute a waiver of BV VANDEWAETERE TRADING of the content
of the general conditions.
Article 16: Applicable law and competent court
On agreements between BV VANDEWAETERE TRADING and the consumer on which
these general conditions are exclusively Belgian law of
application. Contracts between BV VANDEWAETERE TRADING and the consumer
are exclusively governed and interpreted in accordance with Belgian law.
In case of any disputes concerning the validity, interpretation or execution of such
agreements the consumer must in the first instance address to BV
VANDEWAETERE TRADING for reaching an amicable settlement. In the absence
From an amicable settlement all disputes or disagreements that may arise
from the between BV VANDEWAETERE TRADING and the consumer
agreements submitted to the competent courts, namely those of Ghent
department of Bruges.