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These General Terms and Conditions entered into force as of June 2018.
Article 1 Definitions In these conditions, the following terms mean: "Purchase Agreement": a purchase agreement whereby you purchase products at a distance (such as via the webshop, by telephone or by e-mail) and these products are delivered by us (or by a third party) ; "You" means a consumer (natural person) who is not acting in the course of a trade, business, craft or profession; "Right of withdrawal": your option to cancel the Purchase Agreement within the cooling-off period; "We": the natural or legal person who offers the products to you from a distance; "Model form for cancellation": the European Model Form for withdrawal included in Appendix I of these terms and conditions;
Article 2 Who are we Flight Case bvba https://www.yourkitchen.eu +32 468 56 43 00 [email protected] BE0896417877
Article 3 Applicability 3.1 These general terms and conditions apply to every offer from us and to every purchase agreement concluded with you. 3.2 Before you purchase anything from us, we will clearly bring these general conditions and any specific product conditions to your attention. We must do so in such a way that you can download, print and save these general terms and conditions. 3.3 If the general conditions and the specific product or service conditions conflict with each other, you can invoke the applicable provision that is most favorable to you.
Article 4 The offer 4.1 If a product is only available temporarily or under certain conditions, this will be clearly stated on the product page. 4.2 The product page contains a complete and accurate description of the products offered. The description is sufficiently detailed so that you can properly assess the product. If we use images, they must be truthful. 4.3 Each product page must be so clear that it is clear to you what your rights and obligations are when purchasing the product. 4.4 We are not bound solely by mistakes or errors on the product page, if it is clear to you that this is a mistake or error. 4.5 We are not responsible for differences in color between the photo and in reality, this may be due to light during photography or the color bath of the manufacturer.
Article 5 The Purchase Agreement 5.1 The Purchase Agreement is concluded at the time that you have accepted the purchase of the product and the associated conditions. 5.2 After the conclusion of the Purchase Agreement, we will immediately send you an acknowledgment of receipt by e-mail. 5.3 We ensure that you can order and pay safely and we ensure sufficient technical and organizational security of all (personal) data. 5.4 We will send you the following information in writing at the latest upon delivery of the product, regardless of our other legal information obligations: a. Our visiting address where you can go with complaints; b. the conditions under which and the manner in which you can exercise the Right of Withdrawal, or a clear notification as the Right of Withdrawal is excluded; c. the information about guarantees and existing service after purchase; d. the price including all taxes of the product; the costs of delivery; the manner of payment, delivery or execution of the Purchase Agreement; e. if you have a Right of Withdrawal, the Model Form for revocation.
Article 6 Right of withdrawal 6.1 You can revoke a Purchase Agreement with a reflection period of at least 14 days without giving any reason. We may ask you for the reason for revocation, but you do not have to answer. 6.2 The cooling-off period commences on the day after you, or a third party designated by you: a) has received the product; or b) if you have ordered several products in the same order: the day on which you, or a third party designated by you, received the last product; c) if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part; d) for agreements for the regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product. 6.3 The Right of Withdrawal is not valid in the period between the creation of the Purchase Agreement and the date of dispatch, but in one day after receipt of the product. 6.4 The right of withdrawal does not apply if you purchase in the name of your business and have specified your company name and/or company details when placing the order. 6.5 The right of withdrawal does not apply to goods that are part of a previous exchange. 6.6 The right of withdrawal also applies if the goods are delivered damaged. You have 14 days from the day of delivery to report damage or breakage. After that period, no complaints in this regard will be accepted, and the right of withdrawal will lapse.
Article 7 Your obligations during the cooling-off period 7.1 During the cooling-off period, you must handle the product and the packaging with care. You may only unpack or use the product if necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only use and inspect the product as you would be allowed to do in a store. 7.2 If you do not handle the product carefully, as set out in paragraph 1, and the product is damaged as a result, you are liable for the depreciation of the product. 7.3 You are not liable for the depreciation of the product if we did not provide you with all legally required information about the Right of Withdrawal before or at the conclusion of the Purchase Agreement.
Article 8 Exercise of the Right of Withdrawal by you and costs thereof 8.1 If you make use of your statutory Right of Withdrawal, you must report this to us within the cooling-off period by means of the Model Form for withdrawal or in another unequivocal manner. 8.2 You return the product, or return the product (a representative of) to us, within 14 days after the cancellation. 8.3 You return the product with all delivered accessories, as much as possible in original condition, packaging and according to the reasonable and clear instructions provided by us. 8.4 The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lies with you. 8.5 You bear the direct costs of returning the product.
Article 9 Our obligations in the event of cancellation 9.1 If you tell us that you wish to make use of the Right of Withdrawal, we will send you an acknowledgment of receipt by e-mail immediately after this notification. 9.2 If you report within 14 days of receipt of the products that you wish to make use of your Right of Withdrawal, we will reimburse you for the purchase amount within 14 days after your notification. If we offer to pick up the product ourselves, we may wait with refund until we have received the product. 9.3 We use the same payment method as you have used for reimbursement, unless you agree with another payment method. The reimbursement is free of charge for you. 9.4 If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to reimburse the additional costs for the more expensive method.
Article 10 Exclusion Right of withdrawal We have to exclude the following products from the Right of Withdrawal: a. Products that are manufactured according to your specifications, that are not manufactured and that are manufactured on the basis of your individual choice or decision, or clearly intended for a specific person. b. Products whose price depends on fluctuations in the financial market on which we have no influence and which can occur within the withdrawal period; c. Products that spoil quickly or have a limited shelf life; d. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery; e. Products that are irrevocably mixed with other products by their nature after delivery; f. Alcoholic beverages of which the price has been agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which we have no influence; g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; h. Newspapers, magazines or magazines; i. Business orders, unless agreed in advance; j. Items or products to which a discount has been applied (in whatever form).
Article 11 The price 11.1 During the period of validity of the offer stated on the product page, the prices of the offered products will not be increased, unless a price change is required as a result of changes in VAT rates. 11.2 We may offer products whose prices are subject to fluctuations in the financial market and which we have no influence on, with variable prices. This is stated in the offer. 11.3 The prices mentioned on the product page include VAT.
Article 12 Compliance Purchase agreement and additional warranty 12.1 We guarantee that the products comply with the Purchase Agreement and the specifications stated on the product page. We also guarantee that the products meet the reasonable requirements of soundness and / or usability, the legal provisions and / or government regulations and any agreements made with you on other than normal use. 12.2 An additional guarantee is understood to mean any obligation of us, our supplier, importer or producer in which they grant you certain rights or claims that go beyond what is legally required, in the event that we fail to fulfill our part of the Purchase Agreement. . 12.3 An additional guarantee never limits your statutory rights and claims.
Article 13 Delivery and execution 13.1 We take the greatest possible care when executing the Purchase Agreement and the delivery of the products. 13.2 We deliver the product to the address you have provided to us. The product is offered once free of charge, after which the product is returned to the seller (unless otherwise specified in the Purchase Agreement). 13.3 We will deliver the products as soon as possible and at the latest within 30 days. We can arrange a different delivery period with you. 13.4 If the delivery is delayed or an order can not or only partially be executed, you will receive notice of this as soon as possible, at the latest within 30 days after you have placed the order. In that case you have the right to terminate the Purchase Agreement free of charge. 13.5 After dissolution as referred to in the previous paragraph, we will immediately refund the amount you have paid, with the exception of the delivery costs or return costs. 13.6 The risk of damage and / or loss of products rests with us until the time of delivery to you or to a representative designated by you and made known to us, unless otherwise agreed. 13.7 Additional conditions regarding the Right of Withdrawal in connection with the delivery costs: If the Right of withdrawal is used by the Buyer in the period between order and shipment, the shipping costs will be refunded to the Buyer. If the buyer uses his Right of Withdrawal after the order has already been shipped, the buyer will not be entitled to a refund of the shipping costs.
Article 14 Payment 14.1 You pay the amounts due at the time the Purchase Agreement is concluded, unless otherwise stipulated in the Purchase Agreement. If a cooling-off period is missing, you pay the amounts due within 14 days after the conclusion of the Purchase Agreement, unless otherwise stipulated in the Purchase Agreement. 14.2 You may not be obliged to pay more than 50% in advance. If an advance payment has been stipulated, you can not assert any right with regard to the execution of the order in question before the stipulated advance payment has taken place. 14.3 You are obliged to report any inaccuracies in provided or stated payment details directly to us. 14.4 If you do not meet your payment obligation in time, we must point out the late payment and give you a period of 14 days to still fulfill your payment obligations. If you do not pay within this 14-day period, you also owe the statutory interest on the amount owed. We can then charge extrajudicial collection costs to you. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. We may deviate from the aforementioned amounts and percentages in your favor.
Article 15 Complaints procedure 15.1 Complaints about the execution of the Purchase Agreement must be submitted to us fully and clearly described as soon as possible after you have found the defects. 15.2 We respond to complaints submitted to us within 14 days of receipt. If we need a longer processing time, we confirm within 14 days that we have received the complaint and we will give you an indication when you can expect a more detailed answer.
Article 16 Disputes 16.1 Contracts concluded between you and us to which these general terms and conditions apply are governed exclusively by Belgian law. 16.2 If the complaint can not be resolved by mutual agreement, then the Belgian judge in Antwerp is competent to take cognizance of the dispute.
Article 17 Changes and additions to the general terms and conditions 17.1 Amendments to these general terms and conditions shall only take effect after they have been published in the appropriate manner. If these changes apply to you during the term of an offer, the most favorable provisions apply to you. 17.2 Additional or different provisions may not be to the detriment of you. These must be recorded in writing and must be able to be stored by you.
Annex I: Model form for withdrawal
Model withdrawal form (only complete and return this form if you wish to withdraw from the contract)
- To: [email protected] - Flightcase bvba - Industrielaan 4 (Zuid III) – 9320 Erembodegem - Bemgium
- I / We * share / share * hereby inform you that I / we * our agreement concerning the sale of the following products: [product designation] *
revoke / revoke * - Ordered on * / received on * [date of receipt of products] - [Name of consumer (s)] - [Address of consumer (s)]
* Delete what is not applicable or fill in what is applicable.