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General Terms and Conditions

General Terms and Conditions BV VANDEWAETERE TRADING

Article 1: Applicability

These general terms and conditions apply to all offers from BV VANDEWAETERE TRADING and any distance contract concluded between consumer and BV VANDEWAETERE TRADING, with registered office established at 8850 ARDOOIE, Sint-Maartensveldstraat 18 and with company number 0429.490.759.

 

Deviation from the general terms and conditions is only possible with a prior written agreement between BV VANDEWAETERE TRADING and the consumer.

By accepting an offer from BV VANDEWAETERE TRADING, placing an order with or signing an agreement with BV VANDEWAETERE TRADING, the consumer declares to have read and understood the current general terms and conditions, to agree fully and irrevocably with the contents 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 these general terms and conditions is made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

 

Article 2: Definitions

Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.

Defect: the delivered goods not functioning 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 the distance contract within the cooling-off period.

Distance contract: an agreement concluded between BV VANDEWAETERE TRADING and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement one or more techniques for remote communication.

 

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have 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

St. Maartensveldstraat 18

8850 ARDOOIE – BELGIUM

Phone number: +32 (0)473 712 997

Fax machine:

Email: info@tuningonline.eu

VAT identification number: BE0429490759

 

 

 

Article 4: The offer

The offer contains a complete and accurate description of the products offered. The description, which contains an explanation of the (main) characteristics of the good, is sufficiently detailed to enable a proper assessment of the offer by the consumer. If BV VANDEWAETERE TRADING uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on BV VANDEWAETERE TRADING. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5: The agreement

Subject to the provisions of paragraph 3, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions. If the consumer has accepted the offer electronically, BV VANDEWAETERE TRADING will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BV VANDEWAETERE TRADING, the consumer can dissolve the agreement. BV VANDEWAETERE TRADING can – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If BV VANDEWAETERE TRADING on the basis of this investigation has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

 

Article 6: Price

The prices stated in the price lists, quotations and agreements are expressed in EURO and always include VAT, but exclude 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 it is sent. An overview of the shipping costs is attached to these general terms and conditions as Annex II. If other additional costs are due, this will be explicitly stated in the offer. 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 take the greatest possible care when receiving and executing orders for products. The products can be collected on site or sent by courier service by BV VANDEWAETERE TRADING to the place of delivery. The place of delivery is the address that the consumer has made known to BV VANDEWAETERE TRADING. With due observance of what is stated in article 4 of these general terms and conditions, BV VANDEWAETERE TRADING will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs if he informs BV VANDEWAETERE TRADING of this in writing within 24 hours. After dissolution in accordance with the previous paragraph, BV VANDEWAETERE TRADING will immediately refund the amount that the consumer has paid.

 

Article 8: Transfer of ownership of physical goods

When purchasing physical goods, the collection or delivery of the goods will only take place after receipt of full payment of the price. The risk of loss, decay or damage to products, regardless of the cause, rests with BV VANDEWAETERE TRADING until the moment of delivery to the consumer or a representative designated in advance and made known to BV VANDEWAETERE TRADING, unless expressly agreed otherwise.

 

Article 9: Payment

For payment, the consumer is offered a number of options: either by bank transfer (the consumer will then receive an e-mail with a transfer form and all useful information) or via Paypal, Bancontact/Mister Cash or i-Deal (the consumer will be selected the link ort h respective secured site). The order is confirmed when you click on ‘confirm’ after payment during the ordering process. When your order is registered, a confirmation will be sent ort h email address you provided for acceptance of your order. Insofar as not provided otherwise 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 ort  paid.

 

Article 10: Warranty

BV VANDEWAETERE TRADING guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. . BV VANDEWAETERE TRADING refers ort h existence of the legal guarantee of conformity of goods.

 

Article 11: Liability

BV VANDEWAETERE TRADING is in no way responsible ort he correct application and/or use of the physical goods by the consumer. BV VANDEWAETERE TRADING is not liable for any direct or indirect damage that might arise as a result of the use of the physical goods ort h widest possible extent as permitted by applicable law. BV VANDEWAETERE TRADING is also not liable for damage caused by: - Reasonable exceeding of delivery and execution times and exceeding ort h changed circumstances – Lack of cooperation from the consumer – Failure or late performance of agreements if this is impossible for it as a result of force majeure, labor disputes or any other unforeseen circumstance, which also includes delays caused by any act attributable to third parties, as well as strikes, natural disasters, lack of transportation and others. In any case BV VANDEWAETERE TRADING will never be liable for indirect damage. The maximum liability of BV VANDEWAETERE TRADING towards the consumer, for whatever reason, is limited ort h total amount of invoices from BV VANDEWAETERE TRADING that the consumer has paid or the amount of € 2,500.00, whichever is the lower of the aforementioned amounts always determines the liability ceiling.

 

Article 12: Right of withdrawal

The consumer can dissolve an agreement with regard ort h purchase of a product during a reflection period of 14 calendar days without stating reasons. BV VANDEWAETERE TRADING may ask the consumer ort he reason for withdrawal, but not oblige ort h state his reason(s). The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. BV VANDEWAETERE TRADING may, provided it has clearly informed the consumer about this prior ort h ordering process, refuse an order for several 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 designated by him, receives the last shipment or the last part. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product ort h extent necessary to determine the nature, characteristics and functioning of the product. For example, he will not paint the product nor incorporate ort he another good. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for depreciation of the product that 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 makes use of his right of withdrawal, he must notify BV VANDEWAETERE TRADING within the cooling-off period by means of the model withdrawal form (see Appendix I) or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) BV VANDEWAETERE TRADING. This is not necessary if BV VANDEWAETERE TRADING has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired. The consumer returns the product ort he accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BV VANDEWAETERE TRADING. The risk and the burden of proof ort he correct and timely exercise of the right of withdrawal rests with the consumer. The consumer bears the direct costs of returning the product. If BV VANDEWAETERE TRADING has not reported that the consumer has to bear these costs or if BV VANDEWAETERE TRADING ort hest hat ort he bear the costs itself, the consumer does not have to bear the costs for return.

 

Article 14: Obligations of BV VANDEWAETERE TRADING as a result of the revocation

If BV VANDEWAETERE TRADING enables the notification of the withdrawal by the consumer electronically, ort he immediately send a confirmation of receipt after receipt of this notification. BV VANDEWAETERE TRADING will reimburse all payments made by the consumer, including any delivery costs charged by BV VANDEWAETERE TRADING ort he 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 to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier. BV VANDEWAETERE TRADING uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge ort he 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 reimburse the additional costs ort he more expensive method.

 

Article 15: Varia

The nullity, invalidity or unenforceability of one of the provisions of these general terms and conditions does not in any way affect the validity or enforceability of the other provisions of these general terms and conditions. In the event of nullity, invalidity or unenforceability of a provision, BV VANDEWAETERE TRADING and the consumer will make every effort to replace the provision with a valid and enforceable provision that is closest to the intentions of the parties. It is not possible to tacitly deviate from these general terms and conditions. The mere toleration of consumer behavior contrary to the agreed terms and conditions does not imply a waiver of BV VANDEWAETERE TRADING from the content of the general terms and conditions.

 

 

 

 

 

Article 16: Applicable law and competent court

Only Belgian law applies to agreements between BV VANDEWAETERE TRADING and the consumer to which these general terms and conditions apply. Agreements between BV VANDEWAETERE TRADING and the consumer are exclusively governed and interpreted in accordance with Belgian law. In the event of any disputes regarding the validity, interpretation or implementation of such agreements, the consumer should in the first instance contact BV VANDEWAETERE TRADING to reach an amicable settlement. In the absence of an amicable settlement, all disputes or disagreements that may arise from the agreements concluded between BV VANDEWAETERE TRADING and the consumer will be submitted to the competent courts, namely those of Ghent, Bruges, department.

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