General Terms and Conditions
General Terms and Conditions
These terms and conditions serve as general conditions of sale for sales on the Birkenshop website and other related websites and domain names.
I – The identity of the company
Return address & point of sale:
Ring 35, 2200 Noorderwijk, Belgium
Legal form: Public Limited Company
Head office: 2590 Berlaar, Broekweg 14, Belgium
Company number: 0463903587
VAT identification number: BE 0463.903.587
Register of Legal Entities Turnhout
II – Applicability
These general terms and conditions apply to every offer made by the company and to every distance contract concluded between the company and the customer.
III – The Agreement
The contract is concluded upon confirmation by the company of the customer’s order. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.
IV – Right of withdrawal and the conditions and method of exercising it
1. When purchasing goods, the customer shall have the opportunity to withdraw from the contract for a period of fourteen calendar days without penalty and without giving any reasons. This withdrawal period shall commence on the day following delivery of the goods to the customer or to a representative designated by the customer and made known to the company in advance.
2. Returned goods will only be accepted if the goods are returned with all delivered accessories and in their original condition and packaging to the company’s return address by registered post or against a receipt. The receipt serves as proof of date. Stained, damaged or heavily creased items will not be accepted.
3. Within fourteen working days from the sending of the registered letter invoking the right of withdrawal, the customer shall return the goods to the company’s return address by any means and at his own risk and expense.
V – Costs in the event of withdrawal
1. Shipping costs shall be borne by the customer; shipping costs paid by the customer to receive his order are not refundable. The customer shall, however, be entitled to a refund of the price of the goods purchased, subject to deduction of any discounts received.
2. If the customer has made a payment, the company shall reimburse this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
VI – Exclusion of the right of withdrawal
The right of withdrawal is excluded in the following cases:
a. concerning the supply of services, the performance of which has begun, with the consent of the customer, before the end of the withdrawal period;
b. concerning the delivery of goods made to the customer’s specifications or which have a clearly personal character
c. concerning goods which are liable to deteriorate or expire rapidly or which have a limited shelf-life
d. for sealed goods which are unsuitable for return due to health protection or hygiene reasons, if the packaging has been opened
VII – Delivery and implementation
1. The place of delivery shall be the address which the customer has made known to the company.
2. The delivery of products shall, as far as possible, be made at the time indicated in the individual order confirmation. Erroneously communicated delivery addresses are the responsibility of the customer and may give rise to additional costs.
Unless otherwise stipulated, the company’s prices do not include transport and delivery of the goods to the customer. The costs of transport and delivery are stated separately.
The delivery periods stated are not binding, but are given merely as an indication. The company is entitled to make partial deliveries.
3. If the company does not deliver the goods by the agreed date (if a date is specified on the order form or in the contract), the customer must send the company a written reminder. If the goods have not been delivered one month after this reminder, the company shall be liable for the actual damage suffered by the customer as a result of the late delivery, up to a maximum of 10% of the total sale price.
4. The risk shall pass at the moment when the goods leave the warehouses of the company or its partners, even if this is done through the care of the company or on its instructions.
VIII – Retention of title
The delivered goods shall remain the property of the company until full payment of the price, including all costs and charges, interest on arrears and compensation. In the event of non-payment, the company reserves the right to take back the goods, ipso jure and at the expense of the customer.
IX – Payment
1. The amounts owed by the customer shall be paid immediately and in full at the time of concluding the agreement at the company’s registered office at Broekweg 14, 2590 Berlaar, net without discount, unless otherwise stated on the invoice.
2. The customer is obliged to report any inaccuracies in payment data provided or stated to the company without delay.
3. In the event of non-payment by the customer, and subject to legal restrictions, the company shall be entitled to claim interest at a rate of 10 % per annum and to claim damages amounting to 10 % of the invoice amount (with a minimum of EUR 30).
4. In order to be admissible, any complaint regarding invoices must be formulated in detail by registered letter within three days of receipt of the invoice.
5. The Company reserves the right, in the event of any total or partial non-payment of an invoice on the due date or any other breach by the Customer of its obligations under the agreement, to suspend the execution of all agreements with the Customer or to terminate them with immediate effect, without any judicial intervention and to demand the immediate payment of all claims, even those not yet due, notwithstanding previous agreements and without prejudice to any other rights the Company may have.
6. Failure to take immediate action against a shortcoming on the part of the customer may under no circumstances be regarded as a waiver by the company of its right to invoke this shortcoming at a later date.
X – Complaints procedure
Complaints must, on pain of forfeiture, reach the Company: (b) in the case of hidden defects, two months after discovery of the defect, or after the moment at which such discovery could reasonably have taken place, and within the legal guarantee period. Acceptance of the goods by the customer covers any possible defect or non-conformity that could be discovered at that time. The complaint must be made by registered mail or against a receipt. The date of the receipt shall serve as proof of the timely submission of the complaint.
XI – Disputes
1. All agreements between the company and the customer shall be governed exclusively by Belgian law.
2. All disputes arising from agreements between the company and the customer shall fall under the exclusive jurisdiction of the courts where the company’s registered office is located. However, the company shall also be able to seize any other court of law that is competent according to the legal provisions, including the court of the customer’s place of residence.
XII – Force majeure
The company shall not be liable for any delay in the performance or non-performance of its obligations arising from events beyond its normal control, including production interruptions, difficulties in acquiring or shortages of raw materials, work force, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether affecting itself or its suppliers, even if such events are foreseeable.
XIII – Severability
If any article of these terms and conditions is declared null and void, this invalidity shall not affect the validity of the remaining articles.
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