General conditions of sale for natural persons
1. Identity and definitions
Dumaplast
Vliegplein 41
9990 Maldegem
VAT BE 0434.648.387
HRG 172.879
[email protected]
Definitions:
1. Seller: the legal entity mentioned above
2. Buyer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the seller.
3. Right of withdrawal: the possibility for the buyer to abandon the purchase within the cooling-off period.
2. Applicability
These general terms and conditions apply to any online distance contract between seller and buyer. The terms and conditions of sale may be changed at any time without prior notice. The nullity of any provision of these terms and conditions shall in no way affect the validity of the remaining provisions of these terms and conditions and shall not lead to the nullity of these provisions. The buyer acknowledges that they have read these general online terms and conditions and declare that they accept all provisions, conditions and prices, as well as the return/revocation policy and privacy policy.
3. The offer
1. The seller shall ensure the correct indication of prices and descriptions. However, errors or mistakes in the offer are not binding to the seller. The seller is permitted to dissolve a purchase if there is an error in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. The seller pays the utmost attention to the visual representation of the products it offers on the website. However, due to the computer processing of the images and in spite of all the care taken to create these visual representations, the dimensions and/or the colours and/or the packaging of the products may differ from reality. These visual representations have only an illustrative function and in the event of a difference between the image and the description of the product sheet, the description of the product sheet is always authoritative.
3. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4. The buyer cannot invoke the fact that he does not have sufficient knowledge of the chosen language to invoke the inapplicability of one or more conditions
5. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price inclusive of taxes
- the manner in which the agreement will be concluded and what actions are necessary for this
- whether or not the right of revocation applies
- the method of payment, delivery of the agreement
4. The agreement
The agreement is concluded at the moment of acceptance of the offer by the buyer and the fulfilment of the conditions laid down in that offer.
1. The seller confirms receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed, the seller may dissolve the agreement.
2. The seller will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment.
3. The seller always reserves the right to refuse an order or request.
4. The buyer accepts the general terms and conditions and in particular the right of revocation.
5. The products offered for sale on the website are intended for a clientele of private consumers for non-professional use. In this respect, the Vendor reserves the right to refuse any order whose volume, number of references or amount does not correspond to the usual average consumption of a private individual and which has such characteristics that it is justified for the Vendor to suspend the order pending all the supporting elements guaranteeing that the products are indeed purchased for the Purchaser's personal needs.
5. Prices
1. The prices mentioned in the offer of products are inclusive of VAT, excluding potential home delivery costs, which are invoiced on top of the price of the products and indicated to the buyer before the order is registered. Any customs duties or local taxes are entirely the responsibility of the buyer.
2. The prices are those in force at the time of the validation of the order by the buyer.
3. The sales prices of the products may be changed by the seller at any time.
6. Delivery and execution
The seller will take the greatest possible care in receiving and executing orders for products.
1. The place of delivery is the address that the buyer has given to the company.
2. The seller will try to execute accepted orders within 7 calendar days unless a longer delivery period has been agreed upon. Delays, however, cannot be excluded. If the delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the seller cannot be held responsible for this.
3. If delivery of an ordered product turns out to be impossible, the seller will make every effort to propose a replacement product. If the buyer does not accept the replacement product, he has the option of cancelling the order for the product in question. The seller will contact the buyer regarding the further handling of the agreement.
7. Payment
The accepted means of payment are those mentioned on the website at the time of purchase. The purchaser must always pay the service in advance. In the event of a dispute, the seller reserves the right to suspend or cancel the delivery of the order, as well as to refuse or cancel any order from a buyer with whom a dispute regarding payment or the return of an order is in progress.
8. Right of revocation
1. When purchasing products, the buyer has the option of dissolving the agreement without giving reasons for a period of 14 calendar days. This period commences on the day of receipt of the product by or on behalf of the buyer. The buyer shall contact the seller to discuss the return modalities.
2. The buyer will handle the product and its packaging with care if he wishes to return products. The buyer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. Returned products may not show any visible signs of wear or use and may be suitable for resale. In the event of damage, the relevant costs will be deducted from the refund.
3. If the buyer exercises his right of revocation, he shall return the products in their original condition and packaging (including cartons), together with a copy of the invoice, to the seller within 14 calendar days, in accordance with the reasonable and clear instructions provided by the seller.
4. The Vendor will refund the purchase amount subject to deduction of the additional costs mentioned above upon receipt of the returned products. The correctness of all amounts refunded by us will be deemed to be established, unless you have notified us in writing of alleged inaccuracies within 14 days of receipt.
9. Conformity and guarantee
The Seller guarantees that the products and/or services meet the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
1. The warranties that may be attached to the products that are sold, as well as the conditions and manner of execution of these warranties, are listed on the descriptive sheets on the seller's website. They only relate to manufacturing faults.
2. The Vendor cannot be held liable in any way for damages of any kind that may result from the improper use of the products by the Buyer. The seller cannot be held liable in the event of non-performance or poor performance of the agreement as a result of an act of a third party or a case of force majeure. The seller is never responsible for any loss or damage directly or indirectly related to the complaint. The seller is never responsible for installation costs, travel costs, transport costs or costs for third parties directly or indirectly related to the complaint. The costs of any new installation or transport are not borne by Dumaplast and therefore remain the responsibility of the buyer.
10. Complaints procedure
Complaints about the execution of the agreement must be submitted to the seller in writing, in full and clearly described, within the legally stipulated period.
1. The risk of loss or damage shall pass to the customer as from the receipt of the goods.
2. Any complaints about transport or a delivery error must be submitted in writing within 2 calendar days after receipt of the products.
3. Submitted complaints will be answered within 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 calendar days with an acknowledgement of receipt and an indication of when the buyer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.
11. Disputes
Only Belgian law shall apply to these general terms and conditions and the legal consequences arising therefrom. All disputes, including those relating to the validity, interpretation or execution of these general terms and conditions of sale fall, at the vendor's discretion, under the exclusive jurisdiction of either the Courts of the judicial district of Ghent, Belgium or the Courts of the judicial district where the customer is established, regardless of the method of payment or delivery. All parties concerned accept electronic evidence (e-mail and back-up).
12. Privacy
The processing of data takes place in accordance with the applicable legislation. More information can be found under the header Privacy.
These general terms and conditions are valid from 1 May 2020.