Table of content:
Article 1 - Defenitions
Article 2 - Identity of BorduurCompany
Article 3 - Relevance
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exlusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Shipment and execution
Article 12 - Payment
Article 13 - Complaints
Article 14 - Disputes
Article 1 - Defenitions
Words used in these general conditions:
Client: The natural person that conclude an agreement with BorduurCompany;
Day: calendar day;
Workday: monday, tuesday, wednesday, thursday and friday, with the exception of Belgian holidays;
Durable data carrier: Any means that the client or BorduurCompany can use to store information addressed personally to him or her, this in a way that future consultation and unaltered reproduction of the stored information is possible.
Article 2 - Identity of BorduurCompany
BorduurCompany, BorduurCompany BV (BE 1004 023 442).
Adress: Sint-Elooiswinkelsestraat 75, 8800 Oekene (West-Vlaanderen),
Belgium
Telephone number: +32 (0)477 50 30 26
E-mailadress: info@borduurcompany.eu
Article 3 - Relevance
These general conditions apply to every offer of BorduurCompany and any agreement reached at a distance between BorduurCompany and client. Before the agreement is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible before the agreement is concluded, clients can always access the general conditions at BorduurCompany. At the request of the client the general conditions can also be sent, free of charge, in electronic form.
In case that in addition to these general conditions specific product or service conditions apply, is the consumer in the event of conflicting terms free to choose the applicable provision that is most favorable.
Article 4 - The offer
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 client. If BorduurCompany makes use of images are these a true representation of the products and/or services. Apperant mistakes or errors in the offer do not bind BorduurCompany.
Each offer contains such information that is clear to the client what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price inclusif VAT;
the potential cost of shipping;
how the agreement will be achieved and what actions are needed;
the manner in which the payement, shipping and execution will be;
the period for acceptance of the offer, or the deadline for adhering price guarantee;
the way in which the client can check and update the details before the conclusion of the agreement; and
the potential languages in which the agreement can be made.
Article 5 - The agreement
The agreement is subject to the provisions of article 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions. If the client has accepted the offer electronically, BorduurCompany will immediately confirm the acceptance of the offer electronically. Until receipt of this acceptance has not been send by BorduurCompany, the consumer may rescind the contract.
If the agreement is created electronically, BorduurCompany shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the client will pay electronically BorduurCompany will take appropriate security measures.
Clients should check the ordering of any products and/or services to determine whether the one written in the statement corresponds to the one that the client ordered. If BorduurCompany has not been informed of such errors within 2 hours of the order, it will be produced as stated in the original summary of the order.
The example of an embroidered text, available on each product page is solely to be used as an indication of the actual embroidery. The actual colors and fonts, relationships or embroidery direction may differ slightly from the example.
Article 6 - Right of withdrawal
When purchasing products, the client may cancel the contract without giving any reason within 14 days. This period starts on the date of receipt of the product by the client.
During this period the consumer will treat the product and packaging with care. He will only unpack the product to the extent necessary to assess it whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and return - in its original condition and packaging - to BorduurCompany.
When the client terminates the contract he/she is required to send the products within 14 days back to BorduurCompany. This period starts on the day the client wishes to exercise his right of withdrawal.
The right of withdrawal only applies to products and/or services which do not comply with the provisions of Article 8.
Article 7 - Costs in case of withdrawal
If the client exercises his right of withdrawal, the cost will not exceed the cost of returning the goods.
If the client has paid the products and/or services, BorduurCompany refund this amount as soon as possible, within 14 days after withdrawal. In condition that the product has been received back at BorduuCompany or conclusive evidence of complete return consults.
Article 8 - Exlusion of the right of withdrawal
Exclusion of the right of withdrawal is possible for products:
a. that have been made to the client's specifications; and
b. that are clearly personal in nature.
Article 9 - The price
BorduurCompany is free to implement any price changes without notice.
All of the prices mentioned include VAT where otherwise provided.
Article 10 - Conformity and guarantee
BorduurCompany warrants that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of existing legal provisions of the agreement/or government regulations.
Regarding a mistake on the part of BorduurCompany, the product will be free of charge, remanufactured, as long as the product is in stock.
BorduurCompany can give no guarantee on products provided by the client. BorduurCompany also is not responsible for any damage thereto or embroider error on the product (according to a ratio of 1/20).
Article 11 - Shipment and execution
BorduurCompany will take the greatest possible care when receiving and executing orders.
The place of delivery is the (delivery)address that the consumer has choosen.
Subject to what is stated in Article 4 of these general conditions will BorduurCompany ship accepted orders expeditiously but not later than 7 days after receipt of payment, unless a longer or shorter period has been agreed. If the delivery is delayed, or if an order can not be carried out, the client receives a notice no later than two workdays after the payment. The client has in this case the right to terminate the contract without aditional cost.
In case of dissolution in accordance with the preceding paragraph BorduurCompany will refund the payed amount as quickly as possible, this in a timeframe of maximum 30 days after repudiation.
BorduurCompany is not responsible for any consequential damages suffered by the client due to late or incorrect delivery.
Article 12 - Payment
Unless otherwise agreed, products and/or services must be paid after placing the order. The order will be executed when BorduurCompany has received the full amount if stated otherwise. This since the products ordered are to be personalized.
The client is obliged to immediately notify inaccuracies in the payment details to BorduurCompany.
In case of default in payment by the client, gives BorduurCompany, subject to statutory limitations, the right to charge reasonable additional cost on top of the original price/costs.
Article 13 - Complaints
Complaints about products and/or services should be filed, clear and complete, within 14 days after recieving by mail or post.
Complaints submitted to BorduurCompany will be answered within 14 days after the date of receipt. If a complaint has a foreseeable longer processing time, BorduurCompany will respond within the period of 14 days with a message confirming receipt and indicating when the client can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement, a dispute that is subject to the disputes regulation arises.
Article 14 - Disputes
Agreements between BorduurCompany and the client of these general conditions are exclusively governed by Belgian law.