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Terms & conditions
ARTICLE 1. SCOPE
- 1.1. These general conditions B2C (“General Conditions”) apply to and form an inseparable part of every offer, quotation and/or agreement made or concluded by CAZITEX NV, with its registered office at Lar C25, 8930 Menen (Industriepark) and registered under number 0427.353.195 (RLE: Ghent, Kortrijk Division) (hereinafter the “Company”) for the sale of products or services, of any nature whatsoever, including all offers, quotations and/or agreements made or concluded via the Company's online web store (hereinafter the “Web Shop”) or by any other means of distance selling by the Company.
- 1.2. In these General Terms and Conditions, “Consumer” means any natural person who purchases Goods from the Company for purposes unrelated to their trade, business, craft or profession.
- 1.3. Company and Consumer enter into an agreement whereby Consumer purchases the Company's products (hereinafter the “Products”). The Consumer purchases the Products through the Company's Web Shop.
- 1.4. Deviation from these General Terms and Conditions is only possible if the parties have expressly agreed so in writing, in which case the General Terms and Conditions shall at least retain their supplementary effect for all aspects not expressly agreed upon otherwise in writing.
- 1.5. If any provision of the Terms and Conditions is wholly or partially void or nullified, the remaining provisions shall remain fully in effect.
- 1.6. The Company reserves the right to modify these Terms and Conditions from time to time. The Company therefore advises the Consumer to check regularly whether any changes have occurred.
ARTICLE 2. OFFER AND PRICES
- 2.1. The Products as offered in the Web Shop are available while supplies last.
- 2.2. A contract shall only be deemed to have been concluded between the parties by, and the Company shall only be deemed to be bound after, written confirmation of an order by the Company or its actual execution by the Company. Orders placed bind the Consumer. The Consumer is responsible for the correctness of any order placed.
- 2.3. The prices stated are inclusive of VAT and other levies, unless expressly stated otherwise. The Company reserves the right to correct the price in case of a material error.
- 2.4. If the place of delivery or circumstances relating to delivery change at the request of the Consumer, or if the Consumer has provided incorrect or incomplete information for this purpose, the Company shall be entitled to invoice the Consumer for the reasonable costs arising from such change or incorrect information.
ARTICLE 3. ORDERS AND DELIVERIES
- 3.1. The Consumer can place orders through the Company's Web Shop according to the normal ordering process as described on the Web Site.
- 3.2. The Company strives to process all orders in a timely manner. However, exceeding the delivery period can never, even after notice of default, give rise to any liability of or any compensation from the Company.
- 3.3. Unless otherwise agreed between the parties (e.g. the indication of “free shipping” depending on the country of destination as indicated in the ordering process through the Web Shop), shipping and transportation shall be at the expense of the Consumer, regardless of the method of organization of transportation. The costs of shipping and transport are stated at the time of the order and are binding on the Consumer from the placing of the order and on the Company from the written order confirmation by e-mail. The Consumer is entitled to a delivery no later than 30 days after the order, or failing this, at least within an additional period specified by the Consumer in writing, which is reasonable considering the concrete circumstances.
ARTICLE 4. PAYMENT
- 4.1. Payments are always made at the time of ordering. Only if the payment is made correctly, the order will be shipped. During the checkout of the shopping cart in the Web Shop, the Consumer can select the desired payment method.
- 4.2. The period of 14 days starts on the third business day after the reminder is sent (if the reminder is sent by mail) or on the day of sending (if the reminder is sent by e-mail).
- 4.3. In addition, interest on arrears shall automatically be payable equal to the interest at the reference rate plus eight percentage points referred to in Article 5(2) of the Law of 2 August 2002 on combating late payment in commercial transactions.
- 4.4. The Company may limit or expand payment options in the future. 1.5. The Company is not liable for any direct or indirect damage suffered by consumers as a result of the execution of payment orders via the Internet.
ARTICLE 5. PROTESTS
- 5.1. The Consumer is obliged to check the products delivered at the time of delivery or transfer for correctness. The Consumer should check whether the quality and quantity of the delivered products correspond to what was agreed upon, or at least meet the requirements applicable to them in normal (commercial) traffic. Complaints on an order confirmation sent by the Company to the Consumer must be communicated to the Company in writing, stating reasons, and must be received by the Company within seven days after the invoice date, failing which the Consumer shall be deemed to have approved the order confirmation.
ARTICLE 6. WARRANTY
- 6.1. The Company grants the Consumer the statutory warranty of two years from delivery for hidden defects in the products and all other legally granted guarantees regarding warranty and product liability. The Consumer must notify the Company no later than two months after the discovery of the defect, under penalty of forfeiture.
- 6.2. If a warranty claim of the Consumer is well-founded, the Company shall replace the delivered Products and deliver them as agreed, unless this has meanwhile become demonstrably useless for the Consumer. In the latter case, the Consumer shall be entitled to dissolve the Agreement.
- 6.3. All possible warranty obligations of the Company shall lapse if errors, defects or imperfections with regard to the Products are the result of incorrect, careless or incompetent use, maintenance, preservation or management of the delivered Products by the Consumer or by third parties engaged by the Consumer or if they are the result of an external cause such as, for instance, fire or water damage or damage due to destruction or if the Consumer or a third party has made changes or has had changes made to the Products delivered by the Company without the Company's consent.
ARTICLE 7. RIGHT OF WITHDRAWAL
- 7.1. If the parties conclude a distance contract within the meaning of Article I.8, 15° of the Code of Economic Law, the Consumer has the right to revoke the order within a period of 14 days, without giving reasons, in accordance with the instructions that can be consulted via the following link: https://bum-buns.com/pages/return. For the withdrawal, the Consumer can use the model withdrawal form made available via the aforementioned link, but is not obliged to do so.
- 7.2. As soon as the Company has confirmed receipt of the model form, the Consumer returns the product in its original packaging and at his/her own risk and expense to the following address:
- VdH Logistics c/o Bumbuns
- P/A Anthonis de Jonghestraat 86
- 9100 Nieuwkerken-Waas, Belgium
- 7.3. The product must be returned in unaltered and unused condition (including the labels and the unopened seal). For returns, the original packing slip must always be added to the package, together with a clear indication of the Consumer's name and address. Shipping costs shall be borne by the Consumer, unless an error was made by the Company.
- 7.4. As soon as the items have been received in unaltered and unused condition, the amount paid (including the standard shipping costs initially paid, with the exception of any additional costs resulting from a choice of a mode of delivery other than the least expensive standard shipping offered by the Company) will be refunded within 14 calendar days using the same means of payment as the original transaction, unless expressly agreed otherwise.
- 7.5. If the product is damaged due to careless handling or by treating the product in a way that goes beyond what was necessary to establish the nature and characteristics of the product or if an incomplete product is returned, the Consumer shall be liable for any reduction in the value of the product.
- 7.6. The Consumer will not be able to invoke any right of withdrawal for products that have been personalized at the Consumer's request. For hygiene reasons, the Consumer will also not be able to invoke the right of withdrawal if the seal on the products has been opened or the product has been used in any way. The right of withdrawal is expressly not applicable for professional customers.
ARTICLE 8. LIABILITY
- 8.1. Should the Company be held liable for any direct damages, it may, to the extent permitted by law, only be liable to pay damages not exceeding either (i) the maximum amount of the order; or (ii) 500 euros. The Company shall not be liable for indirect damages, including consequential damages, lost profits, moral damages, loss of an opportunity and missed savings.
- 8.2. The Company shall not be liable for damage, of whatever nature, because the Company has relied on incorrect and/or incomplete data provided by the Consumer.
- 8.3. This provision shall not affect any mandatory statutory warranties applicable to the Consumer.
- 8.4. To the extent permitted by law, the Company indemnifies its employees, legal representatives and other auxiliary persons against all claims of the Consumer or third parties. The Consumer expressly acknowledges not being able to bring any legal action arising from or related to the performance of the agreement against the Company's employees, legal representatives and other auxiliary persons and shall bring any legal action arising from or related to the performance of the agreement directly against the Company.
ARTICLE 9. FORCE MAJEURE
- 9.1. The term 'Force Majeure' as referred to in this article shall in any event mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or action on the part of the Company, such as, among other things, serious breakdowns in the company, forced cutbacks in production, unforeseen shortcomings, production or delivery problems, delays caused by the Company's suppliers, fire, strikes and lock-outs, both at the company and at its suppliers, pandemic, epidemic, government intervention, government order or measure, travel ban, war, hostilities, terrorist attacks or threat thereof, state of siege, mobilization, weather conditions which seriously impede the execution of the agreement, whether in Belgium or in any other country where any branches of the Company or of subcontractors are located, delays in transport or delayed or incorrect delivery of products or materials or parts by third parties including subcontractors of the Company.
- 9.2. If the Company is unable to perform or must cancel the delivery and/or performance in whole or in part, in time or properly at any time because of one or more reasons of Force Majeure, this (whole or partial) non-performance, untimely performance or improper performance cannot be attributed to the Company. The Company shall not be liable if any failure results from an event of Force Majeure. The Company shall owe any compensation to the Consumer in such event.
- 9.3. During the period of Force Majeure, the obligations of the Company shall be suspended. If the period in which fulfilment of the obligations by the Company is not possible due to Force Majeure lasts longer than three calendar months, both parties shall be entitled to dissolve the agreement without judicial intervention, without there being any obligation to pay damages in this respect.
ARTICLE 10. OTHER PROVISIONS
- 10.1. Without prejudice to the other provisions of these General Terms and Conditions, the Company reserves the rights and powers to which the Company is entitled. The sale of the Products does not transfer any intellectual, industrial or other (property) rights from the Company to the Consumer. Any samples, models and examples provided by the Company, such as designs, drawings, (electronic) files and images, etc., are exclusively intended to be used by the Consumer and may not be reproduced, made public or brought to the notice of third parties by him without the Company's prior consent, unless the nature of the documents provided dictates otherwise.
- 10.2. The Company strictly complies with applicable privacy and data protection regulations. More information can be found here: https://bum-buns.com/pages/privacy-policy
- 10.3. If any provision of these Terms and Conditions is wholly or partially void or nullified, the remaining provisions of these Terms and Conditions shall remain fully in effect.
- 10.4. The agreements between the Consumer and the Company are governed by Belgian law.
- 10.5. Any dispute related to a purchase through the Web Shop falls under the jurisdiction of the courts and tribunals with territorial jurisdiction over the Consumer's domicile, provided the Consumer is domiciled in Belgium.