Terms of Sale
General Terms and Conditions BV VANDEWAETERE TRADING
Article 1: Applicability
These general terms and conditions apply to all offers from BV
VANDEWAETERE TRADING and on any distance contract concluded
between consumer and BV VANDEWAETERE TRADING, with registered office
located at 8850 ARDOOIE, Sint-Maartensveldstraat 18 and with company number
0429.490.759.
Deviation from the general terms and conditions is only possible by prior notice
written agreement between BV VANDEWAETERE TRADING and the consumer.
By accepting an offer from BV VANDEWAETERE TRADING, placing
placing an order with or signing an agreement with BV
VANDEWAETERE TRADING, the consumer declares the current general terms and conditions
having read and understood it, to fully and irrevocably agree with the content
and its applicability to all legal relationships with BV VANDEWAETERE
TRADING.
In the case of a distance contract that is concluded electronically, the text of this
general terms and conditions made available to the consumer electronically
in such a way that it can be easily obtained by the consumer
stored on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it will be indicated where the
general terms and conditions can be viewed electronically and that they are on
request of the consumer electronically or otherwise free of charge
are sent.
Article 2: Definitions
Consumer: the natural person who is not acting for purposes related to
his trade, business, craft or professional activity.
Defect: the failure of the delivered goods to function according to the specifications.
Reflection period: the period within which the consumer can make use of his
right of withdrawal.
Day: calendar day
Right of withdrawal: the consumer's option to cancel within the cooling-off period
the distance contract.
Distance agreement: an agreement between BV VANDEWAETERE
TRADING and the consumer is concluded within the framework of an organized system
for distance selling of products, digital content and/or services, up to and including:
conclusion of the agreement, exclusive or partial use is made of one or more
techniques for remote communication.
Model withdrawal form: the form included in Appendix I of these conditions
European model withdrawal form. Annex I does not need to be made available
if the consumer has no right of withdrawal with regard to his order.
Article 3: Identity of BV VANDEWAETERE TRADING
BV VANDEWAETERE TRADING
Trading under the name: Vandewaetere Trading
Sint-Maartensveldstraat 18
8850 ARDOOIE – BELGIUM
Phone number: +32 (0)473 712 997
Fax machine:
Email: info@tuningonline.eu
VAT identification number: BE0429490759
2.
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 to allow a good assessment of the offer by the consumer
make possible. If BV VANDEWAETERE TRADING uses images,
are these a true representation of the products, services and/or offered
digital content. Obvious mistakes or 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 associated with the acceptance of the offer.
Article 5: The agreement
The agreement is concluded, subject to the provisions of paragraph 3, on
moment of acceptance by the consumer of the offer and compliance with the associated conditions
stated conditions.
If the consumer has accepted the offer electronically, BV will confirm
VANDEWAETERE TRADING shall immediately acknowledge receipt of the
acceptance of the offer. As long as BV has not received this acceptance
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, as well as all those facts and
factors that are important for a responsible conclusion of the agreement
distance. If BV VANDEWAETERE TRADING has good results based on this research
has reasons not to enter into the agreement, he is entitled to do so with reasons
to refuse an order or request or to impose special conditions on the implementation
to connect.
Article 6: Price
The prices stated in the price lists, quotations and agreements are expressed in EURO and
always including VAT, but excluding shipping costs.
Shipping costs are calculated based on the type of package (small, normal or large).
volume) that must be delivered as well as depending on the country to which it is shipped.
An overview of the following is attached to these general terms and conditions as Appendix II
postage costs.
If any other additional costs are due, this will be made explicit in the offer
mention.
During the period of validity stated in the offer, the prices of the
products offered will not be increased, except for price changes as a result of
changes in VAT rates.
Article 7: Delivery
BV VANDEWAETERE TRADING will exercise the utmost care
when receiving and executing orders for products.
The products can be picked up on site or sent via courier service
by BV VANDEWAETERE TRADING to the place of delivery.
The place of delivery is the address provided by the consumer to BV VANDEWAETERE
TRADING has announced.
With due observance of what is stated in Article 4 of these general terms and conditions
mentioned, BV VANDEWAETERE TRADING will process accepted orders competently
urgently but no later than within 30 days, unless a different delivery term applies
agreed.
3.
If delivery is delayed, or if an order is not received or only
can be partially carried out, the consumer will receive notice of this no later than 30 days after
he placed the order, message. In that case, the consumer has the right to
to terminate the agreement without costs, if he BV VANDEWAETERE TRADING
in writing within 24 hours.
After dissolution in accordance with the previous paragraph, BV VANDEWAETERE TRADING will pay the amount that
the consumer has paid without delay.
Article 8: Transfer of ownership of physical goods
When purchasing physical goods, delivery of the goods takes place only
place upon receipt of full payment of the price.
The risk of loss, destruction or damage to products, regardless of the cause, rests
at BV VANDEWAETERE TRADING until the moment of delivery to the consumer or
one designated in advance and announced to BV VANDEWAETERE TRADING
representative, unless expressly agreed otherwise.
Article 9: Payment
The consumer is offered a number of options for payment: either via
transfer (consumer will then receive an email with a transfer form and all
useful data) either via Paypal, Bancontact/Mister Cash or i-Deal (consumer is the
link to the respective chosen secure site).
The order is confirmed when you click on 'confirm' after payment
ordering process. When your order is registered, a confirmation will be sent to it
sent to the email address you provided to accept your order.
Unless otherwise stated in the agreement or additional terms and conditions,
the amounts owed by the consumer must be settled immediately.
Orders will only be processed after receipt and collection of the amount
pay amount.
Article 10: Warranty
BV VANDEWAETERE TRADING guarantees that the products comply with the
agreement, the specifications stated in the offer, meet the reasonable requirements of
soundness and/or usability and on the date of the creation of the
agreement, existing legal provisions and/or government regulations. Ltd
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 if
BV VANDEWAETERE TRADING is not permitted by applicable legislation
liable for any direct or indirect damage that may arise
as a result of the use of the physical goods.
BV VANDEWAETERE TRADING is also not liable for damage caused by:
- Reasonable exceedance of delivery and execution times and overrun
as a result of changed circumstances
- Inadequate cooperation from the consumer
- Failure to execute agreements or not to execute them on time if this is impossible for her
as a result of force majeure, labor disputes or any other unforeseen circumstances
circumstance, which also includes delays
by any act attributable to third parties, as well as strikes,
natural disasters, lack of transportation and others.
4.
In any case, BV VANDEWAETERE TRADING will never be liable for
indirect damage.
The maximum liability of BV VANDEWAETERE TRADING towards the
consumer, on whatever grounds, is limited to the total amount of invoices from
BV VANDEWAETERE TRADING that the consumer has paid or the amount of
€ 2,500.00, with the lowest of the aforementioned amounts always being the
determines the liability ceiling.
Article 12: Right of withdrawal
The consumer can enter into an agreement regarding the purchase of a product
during a cooling-off period of 14 calendar days without giving reasons.
BV VANDEWAETERE TRADING may ask the consumer the reason for this
revocation, but does not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or prior notice
the consumer's designated third party, who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in the same order: the day
on which the consumer, or a third party designated by him, has the last product
received. BV VANDEWAETERE TRADING is allowed, provided he informs the consumer here
has clearly informed you about this prior to the ordering process, a
refuse orders for multiple products with different delivery times.
- If the delivery of a product consists of several shipments or parts:
the day on which the consumer, or a third party designated by him, made the last payment
shipment or the last part has been received.
During the cooling-off period, the consumer will handle the product and equipment with care
packaging. He will only unpack or use the product to the extent necessary
to determine the nature, characteristics and operation of the product. So he won't like the product
neither paint nor incorporate into another good. The starting point here is that the
consumer may only handle and inspect the product as he would in a store
allowed to do.
The consumer is only liable for any depreciation in value of the product
is the result of a way of handling the product that goes beyond what is permitted in paragraph
3.
Article 13: Exercise of the right of withdrawal and associated costs
If the consumer exercises his right of withdrawal, he must report this within
reflection period using the model withdrawal form (see Appendix I) or at
otherwise unambiguously to BV VANDEWAETERE TRADING.
As soon as possible, but within 14 days from the day following the day referred to in paragraph 1
notification, the consumer returns the product or hands it over to (an authorized representative).
van) BV VANDEWAETERE TRADING. This is not necessary as BV VANDEWAETERE
TRADING has offered to collect the product itself. The consumer has the
return period will in any case be observed if he returns the product before the
reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonable
possibly in original condition and packaging, and in accordance with the instructions provided by BV VANDEWAETERE
TRADING provided reasonable and clear instructions.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies
to 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 if BV VANDEWAETERE TRADING indicates that it will bear the costs itself
the consumer not to bear the costs for return.
5.
Article 14: Obligations of BV VANDEWAETERE TRADING following
the revocation
As BV VANDEWAETERE TRADING the notification of the withdrawal by the consumer
electronically, it will send it without delay after receiving this notification
an acknowledgment of receipt.
BV VANDEWAETERE TRADING reimburses all consumer payments, including
any delivery costs will be charged by BV VANDEWAETERE TRADING
for the returned product, without delay but within 14 days following the day
upon which the consumer notifies him of the withdrawal. Unless BV VANDEWAETERE TRADING
offers to collect the product himself, he may wait with the refund until he has received the product
has received or until the consumer proves that he has returned the product, to
whichever time 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 have to pay the additional
costs for the more expensive method cannot be refunded.
Article 15: Miscellaneous
The nullity, invalidity or unenforceability of any of the provisions hereof
general terms and conditions in no way affects the validity or enforceability
of the other provisions of these general terms and conditions. In case of nullity,
invalidity or unenforceability of a provision, BV VANDEWAETERE
TRADING and the consumer will make every effort to replace the provision with one
valid and enforceable provision that comes closest to the intentions of the parties.
These general terms and conditions cannot be tacitly deviated from. The mere
tolerating behavior by the consumer contrary to what was agreed
conditions do not imply a waiver by BV VANDEWAETERE TRADING of the content
of the general terms and conditions.
Article 16: Applicable law and competent court
On agreements between BV VANDEWAETERE TRADING and the consumer on which
these general terms and conditions apply exclusively to Belgian law
application. Agreements between BV VANDEWAETERE TRADING and the consumer
are governed and interpreted exclusively in accordance with Belgian law.
In the event of any disputes concerning the validity, interpretation or enforcement of such
agreements, the consumer must first contact BV
VANDEWAETERE TRADING for reaching an amicable settlement. In case of absence
an amicable settlement will resolve all disputes or disagreements that may arise
from the agreement concluded between BV VANDEWAETERE TRADING and the consumer
agreements, submitted to the competent courts, namely those of Ghent
Bruges department.