GENERAL TERMS AND CONDITIONS OF SALE
BELGIUM AT HOME is a business name used by the private limited liability company CREAPIX SPRL, with registered offices at Avenue de Menden 22 box 02, 1420 Braine-l’Alleud, Belgium, RPM/RPR and registered with the Banque Carrefour des Entreprises under the number 0896.879.222, hereafter referred to as « the seller.
The present general terms and conditions of sale apply to all interaction between the seller and the customer, namely any natural person or legal entity placing an order via the website at the following address www.belgiumathome.com.
Customers (natural persons), placing an order via the www.belgiumathome.com website for their own private needs are consumers and benefit from a right of withdrawal for certain articles (see article 8 of the present conditions).
By placing an order the customer accepts the present general terms and conditions of sale.
Registered offices: Avenue de Menden, 22 box 02, 1420 Braine-l’Alleud, Belgium
Business number: 0896.879.222
Tel : +32 67 64 74 85
E-mail : firstname.lastname@example.org
Products and services
The customer can check information on the products and services available by consulting the seller’s catalogue via the www.belgiumathome.com website.
The photos shown in the catalogue are as accurate as possible, but there may be slight differences with the original product, particularly with regard to the colours shown.The photos are non-contractual and the seller is therefore not bound by them. The seller may not be held responsible for any changes to the text on the wrapping or packaging of its suppliers.
Sales are made subject to the availability of the stock from the suppliers of the seller. In the case of a product being out of stock, the seller will send an email to the customer, informing him or her that the product in question is out of stock and extending the delivery time for the whole order by more than 72 hours. Should this delivery time exceed the 3 days, the seller reserves the right to propose an equivalent product, or to cancel the order and to reimburse the customer.
The seller reserves the right to change the products and services in the catalogue at any time. The products and services offered are valid for as long as they are published on the www.belgiumathome.com website.
Before placing an order the customer must provide full and accurate personal details i.e. name, invoicing address, delivery address, telephone number and email address.
Belgium at Home may not be held responsible if the customer provides incorrect personal details.
If the order is returned due to incorrect personal details, Belgium at Home will not resend the order unless the customer pays the carriage costs for a second time. Similarly, if the order is lost, Belgium at Home will not refund the order.
The customers fills his or her order basket, confirms that he or she accepts the general terms and conditions of sale and then proceeds to payment of the order..
All of these actions constitute proof of the transaction.
A confirmation of the order will be sent to the customer within 24 hours. The order confirmation includes the full personal details as provided by the customer (name, delivery and invoicing address), as well as a description of the order, giving the total price of the order and of the delivery costs. The order confirmation also specifies whether the customer is entitled to a right of withdrawal, and, if this is the case, includes a link to the withdrawal procedure form.
Prices and invoicing
Unless otherwise indicated, the prices are given in euros. They include order preparation and handling costs. They do not include the delivery costs or customs charges which are not indicated on the product information.
The prices for the products and services are inclusive of all taxes for delivery within the European Union and outside of the European Union (customs charges may be imposed and are payable by the customer outside of the EU).
Delivery costs vary depending on the delivery destination, the weight and the volume of the order. They are included for information on the order summary and are shown before any payment is made.
The seller reserves the right to modify the prices at any time, particularly to meet any change in price imposed by its own suppliers, or in the case of changes linked to carriage costs. The price is that indicated on the date on which the order was placed.
Payment must be made by the customer when the order is validated and must be made in euros.
Order payments are made via the Bluepaid secure payment system, or by bank transfer into bank account number: BE75 3630 7204 3051 in the name of Creapix-Belgium at Home.
The order will be processed once the payment has been received by the seller.
Delivery, carriage costs and customs charges
The delivery costs and any eventual customs charges (outside the EU) are the exclusive responsibility of the customer.
Orders are delivered upon signature of the customer to confirm reception of goods.
In the case of a non-justified seizure of the order by customs, the seller agrees to reimburse the customer. However, if the package is seized due to the products being forbidden in the country of residence of the customer, no reimbursement will be made by the seller. The customer is therefore responsible for checking whether the products ordered may be imported.
The customer is required to check the order on receipt. If the package containing the order appears to be damaged, the customer agrees to inspect it immediately, in the presence of the person making the delivery. If the order is damaged the customer should ensure that the description of the damage is noted on the delivery form, along with any comments he or she may want to make. The customer then agrees to inform the seller by email within 24 hours, attaching photos to support his or her complaint. The seller agrees to reimburse the damaged products within 14 days.
Claims made by customers that do not conform to these procedures and time frames will not be considered.In the case that certain products are damaged in their box, without damage to the packaging having been noticed on delivery, the customer must inform the seller of this within 4 hours of having signed the delivery form.
The time taken to prepare the orders varies between 24 and 48 hours following receipt of payment.
The seller delivers to customers within a delay of 12 to 20 days from the order having being paid for. These time frames are given as an indication and the seller is not therefore bound by them.
If the customer has not received a delivery after 30 days, the customer may request the cancellation of the sale and the reimbursement of the sums paid for the order.
Right of withdrawal
The consumers, i.e. the natural persons placing an order via the www.belgiumathome.com website for their own private needs, benefit from a right of withdrawal of 14 days dating from the day on which they have received their order, for all of the products ordered, with the exception of those products whose packaging was opened or damaged by the customer, along with those products likely to deteriorate or expire quickly.
In order to exercise this right of withdrawal, the consumer must send the seller an email, or complete the withdrawal procedure form available at www.belgiumathome.com without any need to justify the reasons, or to pay any penalties, with the exception of the return costs.
The seller agrees to reimburse the order total within 14 days of the date of receipt of the returned goods, or of the proof of their return by the customer, as well as the delivery costs at a standard delivery rate, irrespective of whether the customer has chosen to use an express delivery.
A notification of receipt of the email or of the withdrawal procedure form will be sent to the customer by email within 72 hours.
The cost of returning the goods to the seller is the exclusive responsibility of the customer.
The seller guarantees the purchased products against any hidden defects that would render them unfit for use. Any product to which this applies must be returned to us in its original state and in its original packaging within 7 days of receipt of the package.
The return costs are the exclusive responsibility of the customer. The product will be reimbursed within 14 days of the date of receipt of the returned goods
Data protection and privacy
The seller processes the data in a confidential manner and in accordance with the national and international regulations in force, including the Belgian Act of 8 December 1992 concerning the protection of privacy with regard to the processing of personal data, and the changes made under the Act of 11 December 1998.
By providing his or her personal information, the customer grants the seller express authorisation to use this information for the purposes set out below:
The data given to the seller by the customers may be used by the seller and the seller’s partners in the carrying out of the order and also for direct marketing purposes.
The customer can object to the processing of his or her personal data at any time. By sending a written, signed and dated request to the seller along with proof of identity (copy of identity card), the customer can obtain a written copy of the personal data relating to him or herself, and, if necessary, request the correction of any data that may be incorrect, incomplete or not relevant, both free of charge.
A copy of the personal data will be given to the customer within 45 days at the latest following receipt of his or her request.
The customer also acknowledges that the seller is not responsible for any direct or indirect damage that may possibly be caused by the delivered products.
The client acknowledges and agrees that all of the obligations for which the seller is financially liable, are solely related to conduct and that the seller is only responsible in the case of wilful misconduct or gross negligence on his part. In the event that the customer can demonstrate the existence of gross negligence or wilful misconduct on the part of the seller, the damages for which the customer may claim compensation will only include the material damage resulting directly from the negligence attributed to the seller, and will exclude all other damages (including non-pecuniary, loss of amenities, loss of use, loss of earnings, costs etc.) and may not in any case exceed 75% (excluding tax) of the amount actually paid by the customer in making the order.
The seller may not be held responsible either from a contractual or non-contractual point of view, in the case of non-execution, whether temporary or definitive, of its obligations, when this non-execution is due to force majeure or to an act of God. The following events in particular will be considered as force majeure or acts of God : earthquakes, fires, floods, epidemics, acts of war or of terrorism, strikes, whether announced or not, lock-outs, blockades, uprisings and riots, power cuts (such as electricity), failures in the Internet network or the data storage system, a failure in the telecommunication network used by the seller, an act or decision on the part of a third party that affects the proper carrying out of the present contract, or any other cause falling outside the reasonable control of the seller.
If, as a consequence of circumstances beyond the control of the seller, the execution of its obligations is not possible, or is simply made more expensive or difficult, the seller and the customer agree to negotiate modifications to the contractual conditions in good faith and in a fair manner within a reasonable time delay and with a view to restoring a balance. If an agreement has not been reached within a reasonable time frame, either of the parties may invoke the termination of the contractual relationship between them, without any type of compensation or indemnity whatsoever.
The nullity of one provision in the present conditions does not result in the nullity of the other provisions.
The seller reserves the right to change the present general terms and conditions.
The sale of the products offered on the www.belgiumathome.com www.belgiumathome.com website is governed by Belgian law.
Any dispute relating to the services provided by the seller, as well as any dispute with regard to the validity, interpretation or execution of the present general terms and conditions will be subject to Belgian law and to the exclusive competence of the law courts of the judicial district of Nivelles, and to the Justice of the Peace of the township of Braine-l’Alleud in particular, should it be necessary.