Terms and conditions webshop
These are our General Terms and
Conditions. These General Terms and Conditions always apply when you use our
Website or place an order through our Website, and they contain important
information for you as a buyer. Please read them carefully. We also recommend
that you save or print these General Terms and Conditions so that you can
consult them at a later time.
Article 1.
Definitions
1.1.
ERM: based in Kapellen and registered with
the Chamber of Commerce (KBO) under number 0719.373.774 , trading as ERM.
1.2.
Website: the Website of ERM, to be found on
alliknowabout3-cushion.com and all of its subdomains.
1.3.
Customer: the natural person or corporation
who enters into an agreement with ERM and/or is registered on the Website.
1.4.
Agreement: any arrangement or agreement
between ERM and Customer of which the General Terms and Conditions are an
integral part.
1.5.
General Terms and Conditions: these General
Terms and Conditions.
Article 2.
Applicability of the General Terms and Conditions
2.1.
The General Terms and Conditions apply to all
offers, agreements and deliveries of ERM, unless explicitly agreed otherwise in
writing.
2.2.
If Customer in his order, confirmation or any other
communication alleging acceptance of the General Terms and Provisions includes
any provisions that differ from, or are not included in the General Terms and
Conditions, such provisions will only be binding upon ERM if and in so far as
ERM has accepted them in writing.
2.3.
In cases where specific product or service-related
terms and conditions apply in addition to these general terms and conditions,
Customer can always invoke the applicable condition that is most favorable to
him in the event of incompatible general terms and conditions.
Article 3.
Prices and information
3.1.
All prices posted on the Website and in other
materials originating from ERM free of VAT ( regime small enterprise ERM) and other
levies imposed by the government, unless stated otherwise on the website.
3.2.
If shipping costs are charged, these will be
clearly stated in good time before the contract is concluded. These costs will
also be displayed separately in the ordering process.
3.3.
The content of the Website is composed with the
greatest care. ERM cannot, however, guarantee that all information on the
Website is correct and complete at all times. All prices and other information
posted on the Website and in other materials originating from ERM are subject
to obvious programming and typing errors.
3.4.
ERM cannot be held responsible for deviations in
colour that result from the quality of the colours displayed on the screen.
Article 4.
Conclusion of the Agreement
4.1.
The Agreement will be deemed to be concluded at the
moment Customer accepts the offer of ERM subject to the conditions laid down by
ERM.
4.2.
If Customer has accepted the offer by electronic
means, ERM will confirm receipt of acceptance of the offer by electronic means
without delay. Until such receipt of acceptance is confirmed, Customer will
have the possibility to terminate the Agreement.
4.3.
If it is found that, in accepting or otherwise
entering into the Agreement, Customerhas provided incorrect data, ERM will have
the right to postpone the Agreement until the correct data is received.
Article 5.
Execution of the Agreement
5.1.
As soon as ERM has received the order, it will send
the products to Consumer without delay and with due regard for the provisions
of paragraph 3 of this article.
5.2.
ERM is authorised to engage third parties in the
fulfilment of its obligations under the Agreement.
5.3.
In principle, the delivery term is 7 dagen.
Delivery may be effected in various ways, at the discretion of ERM.
5.4.
If ERM is unable to deliver the products within the
agreed term, it will notify Consumer accordingly. In that case Consumer can
decide either to agree to a new delivery date or to terminate the Agreement
without incurring any costs.
5.5.
ERM advises Consumer to inspect the products upon
delivery and to report any defects within an appropriate period, preferably in
writing or by email. For further details, see the article about guarantee and
conformity.
5.6.
The risks associated with the products will
transfer to Consumer as soon as the products are delivered at the agreed
delivery address.
5.7.
If the ordered product can no longer be supplied,
ERM is entitled to deliver a product which is comparable in nature and quality
to the ordered product. In that case, Consumer will have the right to terminate
the Agreement without incurring any costs and to return the product free of
charge.
Article 6.
Right of withdrawal/return
6.1.
This article only applies if Consumer is a natural
person who is not acting in his or her professional or commercial capacity.
Business Consumers therefore have no right of withdrawal.
6.2.
Consumer will have the right to dissolve the
distance Agreement with ERM within 14 days after receiving the product, free of
charge and without stating reasons.
6.3.
The term commences on the day after the product was
received by the consumer, or a third party designated by the consumer, who is
not the transporting party, or:
·
if the delivery of a product involves
different deliveries or parts: the day on which Consumer, or a third party
designated by Consumer, received the last delivery or the last part;
·
with contracts for the regular delivery of
products during a given period: the day on which Consumer, or a third party
designated by Consumer, received the last product;
·
if Consumer has ordered several products:
the day on which Consumer, or a third party designated by Consumer, received
the last product.
6.4.
Only the direct costs incurred for the return
shipment are for Consumer’s account. This means that Consumer will have to pay
the costs of returning the product. Any shipping costs paid by Consumer and the
purchase price paid for the product will be refunded to Consumer if the entire
order is returned.
6.5.
During the withdrawal period referred to in
paragraph 1, Consumer will treat the product and its packaging with the utmost
care. Consumer may not open the packaging or use the product unless this is
necessary in order to determine the nature of the products, their features and
their operation.
6.6.
Consumer is only liable for the product’s
devaluation that is a consequence of his handling the product other than as
permitted.
6.7.
Consumer can terminate the Agreement in accordance
with paragraph 1 of this article by reporting the withdrawal (digital or in
other form) to ERM, within the withdrawal period, by means of the model form
for right of withdrawal or in some other unequivocal way. If ERM makes it
possible for Consumer to declare his withdrawal via electronic/digital means,
then after receiving such a declaration, ERM sends immediate confirmation of
receipt.
6.8.
As quickly as possible, but no later than 14 days
after the day of reporting as referred to in paragraph 1, Consumer shall return
the product, or hand it over to (a representative of) ERM. Consumer can send
the product directly to ERM without a notice of withdrawal in advance within
the period as mentioned in paragraph 1. Consumer must, in this case, include a
written notice of withdrawal, such as the model form.
Products can be returned to the following address:
ERM
FRANSE LEI 5
B-2950, Kapellen
6.9.
Any amounts already paid by Consumer (in advance)
will be refunded to Consumer as soon as possible, and in any case within 14
days after dissolution of the Agreement. If Consumer chose an expensive method
of delivery in preference to the cheapest standard delivery, ERM does not have
to refund the additional costs of the more expensive method. Except in cases in
which ERM has offered to retrieve the product himself, he can postpone
refunding until he has received the product or until Consumer proves he has
returned the product, depending on which occurs earlier.
6.10.
Information about the applicability or
non-applicability of a right of withdrawal and any required procedure will be
posted clearly on the Website, well before the Agreement is concluded.
Article 7.
Payment
7.1.
Customer shall pay the amounts due to ERM in
accordance with the ordering procedure and any payment methods indicated on the
Website. ERM is free to offer any payment method of its choice and may change
these methods at any time. In cases of payment after delivery Customer will be
given a term of payment of 14 days entering on the day after delivery.
7.2.
If Customer does not complete his payment obligation,
he will be indebted the legal interest over the belated payment. ERM needs to
remind Customer of the belated payment and ERM has to give Customer a term of
14 days to complete the payment obligation. After failing this 14 days term ERM
is allowed to recover any extrajudicial debt collection costs on Customer.
These debt collection costs are not higher than: 15% of the open payment with a
maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,-
with a minimum of € 40,-. ERM is allowed to deviate from the named amounts and
percentages in the advantages of Customer.
Article 8.
Warranty and conformity
8.1.
This article only applies if Consumer is a natural
person who is not acting in his or her professional or commercial capacity. If
ERM gives a separate warranty on the products then, without prejudice to the
aforesaid, this applies to all types of Consumers.
8.2.
ERM guarantees that the products are in conformity
with the Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, ERM also guarantees that
the product is suitable for other than normal use.
8.3.
If the delivered product is not in conformity with
the Agreement, Consumer must inform ERM within a reasonable period of time
after he has discovered the defect.
8.4.
If ERM deems the complaint to be correct, the
faulty product(s) will be repaired, replaced or refunded in consultation with
Consumer. The maximum amount of compensation is, having regard to the Article
on liability, equal to the price paid by Consumer for the product.
Article 9.
Warranty on business purchases
9.1.
ERM guarantees that the products are in conformity
with the Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, ERM also guarantees that
the product is suitable for other than normal use. Otherwise, it applies that
the product is suitable for normal use.
9.2.
If the delivered product is not in conformity with
the Agreement, Customer must inform ERM within a reasonable period of time
after he has discovered the defect.
9.3.
If ERM deems the complaint to be correct, the
faulty product(s) will be repaired, replaced or (partially) refunded in
consultation with the Customer.
Article 10.
Complaints handling procedure
10.1.
If Customer has any grievances in connection with a
product (in accordance with the article on warranties and conformity) and/or
about other aspects of ERM’s service, it can submit a complaint by telephone,
by email or by post. See the contact details at the bottom of the General Terms
and Conditions.
10.2.
ERM will respond to the complaint as soon as
possible, and in any case within 3 days after having received it. If it is not
yet possible for ERM to formulate a substantive reaction to the complaint by
that time, ERM will confirm receipt of the complaint within 3 days after having
received it and give an indication of the term within which it expects to be
able to give a substantive or definitive reaction to Customer’s complaint.
10.3.
If Customer is a natural person who is not acting
in his or her professional or commercial capacity, it can file a complaint
through the European Online Dispute Resolution platform, available at:
http://ec.europa.eu/odr/.
Article 11.
Liability
11.1.
This Article only applies if Consumer is a natural
person or a legal entity who is acting in a professional or commercial
capacity.
11.2.
The total liability of ERM in respect of Consumer
due to an attributable failure to perform the Agreement is limited to
compensation not exceeding the price stipulated for that particular Agreement
(including VAT).
11.3.
The liability of ERM in respect of Consumer for
indirect damage or loss, which in any case includes – but is explicitly not
limited to – consequential damage, lost profit, lost savings, loss of data and
damage due to business interruption, is excluded.
11.4.
Aside from the cases referred to in the two
previous paragraphs of this Article, ERM is not subject to any liability at all
in respect of Consumer for damages, irrespective of the ground on which the
action for damages is based. The restrictions set out in this Article, will,
however, cease to apply if and insofar as the damage or loss is the result of
an intentional act or gross negligence on the part of ERM.
11.5.
ERM will only be liable to Consumer on account of
an attributable failure in the performance of an agreement if Consumer issues a
proper notice of default to ERM without delay stipulating a reasonable period
of time in which to remedy the failure, and ERM also continues to fail to
perform its obligations after that period. The notice of default must contain a
description of the failure in as much detail as possible to enable ERM to
provide an adequate response.
11.6.
Any event giving right to compensation is always
subject to the condition that Consumer reports the damage or loss in writing to
ERM as soon as possible, but no later than within 30 days after the damage or
loss has arisen.
11.7.
In the event of force majeure ERM is not liable to
pay compensation for any damage or loss Consumer has incurred as a result.
Article 12.
Retention of title
12.1.
As long as Business Consumer has not made any full
payment on the total amount agreed ERM will retain ownership of all the goods
delivered (including possible debt collection costs and interest).
12.2.
Before the transfer of ownership, Business Consumer
is not authorized to, other than corresponding to his normal company and normal
destination of the goods, sell, deliver or any other way of misappropriation.
Furthermore, Business Consumer is not allowed to pawn the goods or to give any
rights regarding the goods to third parties as long as the transfer of
ownership has not been completed.
12.3.
Business Consumer is obliged to keep any goods that
are delivered under reservation of ownership with care and recognizable as
property of ERM.
12.4.
ERM is entitled to withdraw any goods delivered
under reservation of ownership and in the possession of Business Consumer, if
Business Consumer has neglected to pay the invoices or has been confronted with
payment difficulties.
12.5.
Business Consumer shall give ERM access to his goods
at any time to inspect and/or to exercise the rights of ERM.
Article 13.
Personal details
13.1.
ERM will process the Consumer’s personal details in
accordance with the privacy statement published on the Website.
Article 14.
Final provisions
14.1.
This agreement is governed by the laws of the
country of Belgium
14.2.
Insofar as not dictated otherwise by mandatory law,
any disputes ensuing from the Agreement will be submitted to the competent Belgian
court in the district where ERM has its registered office.
14.3.
If any provision set out in these General Terms and
Conditions should prove to be void, this will not affect the validity of the
General Terms and Conditions as a whole. In that case, the Parties will lay
down one or more new provisions in replacement which will reflect the original
provision as much as is possible under the law.
14.4.
The term ‘written’ in these General Terms and
Conditions also refers to communication by email and fax, provided that the
sender’s identity and the integrity of the email message have been sufficiently
established.
Should you have any questions,
complaints or comments after reading these General Terms and Conditions, please
contact us by email or letter.
ERM
FRANSE LEI 5
B-2950, Kapellen
Tel.: +32475711707
Email: francois.hendrickx@skynet.be
Chamber of Commerce (enterprise number) ( KBO)
0719.373.774
