General terms, online shop, American Store / Posterfactory

 

Contents:

Article 1 - Definitions

Article 2 - Identity of the operator

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and warranty

Article 11 - Delivery and implementation

Article 12 - extended duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

 


Article 1 - Definitions

In these conditions apply:

Grace period: The period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Transaction Duration: a distance contract with respect to a series of products and / or services, which the delivery and / or purchase is spread in time;

Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the ability for consumers to see within the waiting period of the contract;

Standard form: the model withdrawal form which allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.

Entrepreneur: the natural or legal products and / or remote services to consumers;

Distance contract: an agreement whereby part of the entrepreneur organized system for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.

Conditions: the General Conditions of the entrepreneur.

 


Article 2 - Identity of the entrepreneur

Barboleta bvba / American Store

Rue Clerue 1 6980 La Roche en Ardenne Belgium

Tel: +32 84 413051

info@barboleta.be


BTW/ VAT  BE0887388662

 


Article 3 - Applicability

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
Before the agreement is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the contract is concluded, indicated that the terms are to see the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.
If the contract is concluded electronically distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically to consumers available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that they will be sent upon request of the consumer electronically or otherwise without charge.

 

In the event that specific product or service conditions applicable in addition to these general requirements, the second and third paragraph, mutatis mutandis, and may be the consumer, in the event of conflicting terms always rely on the applicable assay that is most beneficial to him is.
If one or more provisions of these terms and conditions wholly or partially invalid any time or be destroyed, then continue the agreement and these conditions will remain in position and the provision will be mutually replaced immediately by a requirement that the scope the original approach as much as possible.
Situations that are not in these terms and conditions are governed, should be assessed 'in the spirit of these terms and conditions.
Uncertainties over the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit of these terms and conditions.

 


Article 4 - The offer

If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change the offer and to adapt.
The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services.

Obvious mistakes or errors in the offer binding on the entrepreneur.
All images, data specifications in the offer are indicative and may not lead to damages or rescission of the contract.
Images in products are a true representation of the products. Entrepreneur can not guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that is clear to the consumer what the rights and obligations arising from the offer acceptance. This concerns in particular:


o the price including taxes;

o any costs of delivery;

o how the agreement will be achieved and what actions they require;

o whether to apply the right of withdrawal;

o, the method of payment, delivery or performance of the contract;

o The deadline for accepting the offer, or the deadline for adhering to the price;

o the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated         on  a basis other than the regular fare for the means of communication;

   o if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;

o how the consumer to conclude the agreement by to check information provided to it under the contract and recover if desired;

o any other languages, including Dutch, the contract may be entered;

o the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and

o the minimum duration of the distance contract in the event of an extended transaction.

   Optional: available sizes, colors, types of materials.

 

 


Article 5 - The contract

 

The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance of the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
If the agreement is created electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
The entrepreneur can - within the law - to inform or the consumer can meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

 


The entrepreneur will the product or service the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
a the address of the establishment of the business where. the consumer can lodge complaints;

b. the conditions and how the consumer can make the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and after sales service;

d. The information contained in these conditions in Article 4 paragraph 3, unless the operator this information already provided to the consumer before the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year, or for an indefinite period.

In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the condition precedent of sufficient availability of the products.
 

 


Article 6 - Right of withdrawal

Upon delivery of products

When purchasing products, the consumer may cancel the contract without giving any reason to dissolve for 5 days. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
During this period the consumer will carefully handle the product and packaging. He will be the product only to the extent extract to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and in original condition and undamaged packaging to the entrepreneur, according to instructions provided by the entrepreneur.
When the consumer wishes to use his right of withdrawal, he is required within 5 days after receiving the product, make known to the entrepreneur. Making known should make consumers via email .. Once the consumer has expressed wish to use to his right of withdrawal, the customer must return the product within 7 days return in original condition and in undamaged packaging. The consumer must prove that the goods are returned on time, for example through a proof of postage.


In service delivery:

In service delivery, the consumer may cancel the contract without giving any reason to dissolve for at least 14 days starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

 


Article 7 - Costs of withdrawal

 

If the consumer exercises his right of withdrawal, will not exceed the cost of shipping cost.
If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund to reduce the cost of shipping. This is the condition that the product has been received back by the seller - American Store
 


Article 8 - Exclusion of right of withdrawal

 

the operator may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the agreement, mention.
Exclusion of the right of withdrawal is only possible for products:
a which have been created by the trader in accordance with the consumer's specifications.

b. that are clearly personal in nature;

c. which can not be returned due to their nature;

d. that rapidly decay or become obsolete;

e. which supply with the express consent of the consumer before the period has expired;

 

 


Article 9 - The price

 

During the period referred to in the offer have not increased the prices of the products and / or services, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the operator products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any target prices are listed in the offer.
Price increases within one month after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from one month after the conclusion are only allowed from the agreement if the entrepreneur has stipulated it and
a. they are the result of legislation or regulations;. or

b. the consumer has the power to say the agreement comes into effect from the day the price increase.

The rates in the supply of products or services include VAT.
All rates are subject to pressure - errors. For the consequences of pressure - and misprints no liability is accepted. With pressure - errors the trader is not obliged to deliver the product according to the erroneous price.

 


Article 10 - Compliance and Warranty

 

The entrepreneur guarantees that the products and / or services comply with the contract, the offer mentioned specifications, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract may enforce against the trader money.
Any defects or faulty goods should be reported in writing within 4 weeks after delivery to the entrepreneur. Return of the products must be made in the original undamaged packaging and in new condition.
The guarantee of the entrepreneur meets the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
o    The consumers themselves has repaired the products and / or processed or has repaired and / or manipulate others;


o     The products delivered to abnormal conditions have been exposed or otherwise handled carelessly or contrary to the i.           instructions of the operator and / or packaging are handled;

o  The defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

 


Article 11 - Delivery and implementation

 

The operator will take the utmost care when taking the receipt and execution of orders and products when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company.
With regard to that matter in paragraph 4 of this article mentioned, the company accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the agreement without penalty. The consumer is not entitled to compensation.


All the delivery times are indicative. The consumer has no rights any time limits. A term is exceeded, the consumer is not entitled to compensation.
In case of dissolution in accordance with the paragraph 3 of this Article, the operator the amount that consumers paid as soon as possible but no later than 14 days after termination, back pay by reducing the cost of shipping.
If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item. By the delivery will be reported delivered a replacement product in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of any return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products rests with the employer until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.

 


Article 12 - Extended duration transactions: duration, termination and prolongation

 

Termination

The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
The consumer has a contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, withdraw by the end of the fixed term in compliance with the applicable termination rules and a notice of more than one month.
Consumers can the agreements mentioned in the preceding paragraphs:

 

o withdraw and not be limited to termination at a certain time or a certain period;

o at least terminate in the same manner as they are entered by it;

o Cancel at the same notice as the company has negotiated for itself.

 

 

Article 13 - Payment

 

Unless otherwise agreed by the consumer amounts to be paid within 7 business days after the commencement of the cooling-off period as referred to in article 6 (1). In the case of a contract for the provision of a service, captures this term after the consumer confirmation of the contract.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the entrepreneur.
In the event of a default by the consumer, the operator subject to statutory limitations, has the right to advance to the consumer reasonable costs to charge.

 


Article 14 - Complaints

 

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the entrepreneur, after the consumer has found the defects.
When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
For complaints primarily a consumer should contact the entrepreneur. When complaints not be solved by mutual agreement, the consumer should contact Foundation Webwinkelkeur himself an apron complaint unless the operator specifies otherwise in writing the obligations of the entrepreneur not.
If a complaint is accepted by the operator, will replace free of charge or repairing the operator at its option or the goods delivered.

 


Article 15 - Disputes

 

On agreements between the entrepreneur and the consumer of these terms refer only to Belgian law. Even if the consumer is domiciled abroad.
The CISG does not apply.

 


Article 16 - Additional or different terms

 

Additional or of these terms and conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.