Article 1.1 - These General Conditions apply to every offer of mydistri.be, located in Oudepastoriestraat 13 - 3390 Tielt-Winge with company number 0475.240.414, hereinafter referred to as "Seller", and any agreement concluded at a distance between Seller and a visitor this website, hereinafter "Purchaser".
Article 1.2 - These Terms and Conditions take precedence over all other terms and conditions of the Buyer. Additional conditions of the Buyer are excluded, unless they are prior in writing and expressly accepted by us. Should there be between the Additional Terms and Conditions differences then in principle the provisions of the Additional Terms above Terms, unless otherwise specified.
Article 1.3 - Before the distance contract is concluded, the text of these terms and conditions made available to the Buyer. Accepting an offer or placing an order implies that the buyer accepts the applicability of these Terms and Conditions.
Article 1.4 - The Buyer states that he has reached the age of 18 or that he place the order with the consent of a guardian who has reached the age of 18.
Article 1.5 - Information, images, oral communications, statements, etc. regarding all offers and the main characteristics of the products on this website, by telephone or e-mail are provided as accurately as possible (again) or done. However, the Seller warrants that all offers and products are in accordance with the information given. Deviations can be no grounds for compensation and / or dissolution.
Article 1.6 - All rights and claims, as described in these Terms and Conditions and any further agreements on behalf of the Seller are equally applicable to the Seller as to engaged by the Seller and other third parties.
Article 1.7 - When tacitly by the Seller for any length of time deviations from these Terms would have allowed, without prejudice to its right to demand immediate and strict compliance with these Terms and Conditions. The buyer can never claim any rights on the grounds that the Seller these Conditions flexibly.
Article 1.8 - These terms and conditions respecting the rights of the Buyer arising from the law (or sales). If one or more provisions of these Terms or any other agreement with the Seller conflict is contrary to any applicable provision, the provision will lapse and will be replaced by a fix new lawful by the Seller provision.
Article 2.1 - An agreement is valid until position in the electronic transmission of the order by clicking the hyperlink "I confirm my order", or by sending an e-mail or fax an order entails.
Article 2.2 - A contract is only concluded after acceptance of your order by the Seller. The Seller is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted, the Seller informs this within ten (10) days after receipt of the order.
Article 2.3 - All the Seller do not apply automatically to repeat orders.
Article 2.4 - Additions, modifications and / or further agreements are only valid if agreed in writing.
Article 2.5 - For misunderstanding, delays or transmission of order data and messages resulting from the use of the Internet or any other means of communication between the Buyer and the Seller, or between the Seller and third parties, as they relate the relationship between the Buyer and the Seller, the Seller is not liable unless and insofar as there is intent or gross negligence by the Seller.
Article 2.6 - Special offers are only valid while stocks last.
Article 2.7 - The Seller can not be held responsible if the buyer ought to understand that the offer or any part thereof, an obvious mistake or error in its tender.
Article 3.1 - all offers of the Seller are without obligation and the Seller expressly reserves the right to change prices or products in particular when required under (legal) regulations.
Article 3.2 - If the price is not the result of laws and / or regulations, the Buyer shall be entitled to the distance contract to terminate at the date the increase takes effect.
Article 3.3 - The prices for the products and services offered are in euros (€), including any Belgian Recupel recycling contribution or other taxes and excluding shipping costs, pay fees, taxes or other charges unless otherwise stated or agreed in writing.
Article 3.4 - The buyer must pay the price that the Seller has confirmed in accordance with Article 2.2 of these Terms and Conditions has communicated to her. Obvious (manipulation) mistakes in the price, such as obvious errors, can be corrected by the Seller., Even after the conclusion of the agreement.
4. Delivery, exchange and withdrawal
Article 4.1 - The performance of the contract is normally done almost immediately after payment by credit card or payment confirmation via bank transfer. But any delay in the implementation, where appropriate, give any right to compensation. In case of payment by bank transfer delivery of the ordered products within five working days after crediting our account happens. In this case, any delay in implementing any right to compensation.
Article 4.2 - For delivery, we use a parcel service. Shipment of goods on stock usually occurs within 1 to 2 days after ordering. Goods not in stock might take longer.
Article 4.3 - The products can be picked up by appointment. This should first be requested via the contact form.
Article 4.4 - The specified by the Seller delivery times are indicative only. The delivery is never be regarded as a final deadline. The delivery period starts when all required information in the possession of the Seller, after which the Seller will seek to take place. Shipment within 30 days The deadline is 30 days after receipt of the order, with the exception of payments noting that the final delivery date is 30 days after receipt of payment. After exceeding this period, the Buyer shall be given the opportunity to cancel or modify the order. The agreement Any payments made on that order will be reversed. Within 30 days after the termination of the agreement
Article 4.5 - The delivery of the products made at the time and place at which the goods are ready for shipment to the Buyer.
Article 4.6 - In special cases delivery can be done from a country other than Belgium (e.g. directly from the manufacturer). In these cases, you will be informed if this made possible nuisance or inconvenience to.
Article 4.7 - If the Buyer to the Seller in writing of an address, the Seller is entitled to that address to send all orders unless the Buyer to the Seller in writing of another address to which your orders are to be sent.
Article 4.8 - This address must always someone in the ability to accept between 8:00 and 18:00 the goods and / or pay. If this is not the case the cost of a re-offer can be charged to the Buyer again.
Article 4.9 - The customer must sign for receipt of the products. This is different only if the customer has grounds for refusal based on the law.
Article 4.10 - The supply obligation of Seller shall, subject to proof, are satisfied once the goods supplied by the Seller are offered one (1) time to the customer. For home delivery extends the report of the carrier, alleging refusal of acceptance, the full proof of the offer to supply, subject to proof.
Article 4.11 - In case of refusal of the offered return shipment and storage costs and the risk of damage or loss of the rejected cases the sole responsibility of the buyer unless the buyer was entitled the right to terminate the purchase or replacement of invokes the case.
Article 4.12 - The Buyer is obliged products carefully (do) inspected immediately upon receipt. The Seller is not liable for any damage, theft or loss, including that occurs to the packaging or product in return.
Article 4.13 - If a defective or incorrect product has been delivered, please contact our customer service via the contact form. If it is a valid reason, we will provide a return number, after which the product can be returned. The shipping costs will always be at the expense of the Buyer.
Article 4.14 - Return of the products should, if reasonably possible, be done in the original packaging and in new condition. All accompanying documentation, warranty certificates and accessories must be enclosed with the return shipment.
Article 4.15 - Seller is competent in the execution of your order (s) to use third parties.
Article 4.16 - For deliveries abroad different conditions.
Article 5.1 - Unless otherwise agreed, payment shall be done electronically by credit card or by bank transfer. Each order is payable immediately at the time of concluding the contract. When paying by bank transfer you will receive the ordered goods only after receipt of the amount due.
Article 5.2 - When paying by bank transfer, the date of payment to the date of crediting the bank account of the seller.
Article 5.3 - After the expiry of the invoice date, the Purchaser is legally in default, and from that moment an interest of 1% per month on the amount due, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply where a part of a month for a whole month.
Article 5.4 - In the event of bankruptcy or composition of the Buyer or a request to do so, the claims of the Seller and the obligations of the Purchaser to the Seller to immediately payable.
Article 5.5 - If the Seller for collection must take a claim, the Buyer a fixed amount of 15% of the amount to extrajudicial collection costs, with a minimum of 250 euros.
Article 5.6 - If the Seller can demonstrate to have made higher costs which were reasonably necessary, including the cost shall be recoverable.
6. Force majeure
Article 6.1 - Force majeure is defined as any failure can not be allocated because it is not due to her fault and not for its account pursuant to the law, legal act or generally accepted views to the Seller.
Article 6.2 - Without prejudice to its other rights, the Seller has the right in case of force majeure, the execution of your order to suspend or to terminate the agreement without judicial intervention of their own choice. This is done by communicating this to the Purchaser in writing and without the Seller being liable for any compensation.
Article 6.3 - If the period in which the fulfillment of the obligation by the Seller shall not be longer than two weeks, both parties are entitled to terminate, without an obligation to pay compensation shall in that case the agreement.
Article 6.4 - If the seller to its obligations, or only partially fulfill its obligations already partially in force majeure it shall be entitled already delivered ie to invoice the part separately and the customer is obliged to pay this invoice as if it were a separate contract. This does not apply if he delivered part already delivered has no independent value.
7. Warranty and liability
Article 7.1 - For products supplied by the Seller only the guarantee, as determined by the manufacturer of the product. Seller performs during the guarantee period only an advisory role. The way to be treated, a defect is determined exclusively by the manufacturer. The cost of transport to the manufacturer are always charged to the customer if it appears that the repair is not covered under warranty. The Seller can provide an immediate exchange if supported. By the publisher or manufacturer
Article 7.2 - The Seller is not obliged to pay any compensation to the Buyer or others, unless there is on her side of intent or gross negligence. The Seller shall take no liability for consequential damages, indirect damages and profits or turnover.
Article 7.3 - If the Seller for any reason obliged to pay any damages beyond that fee will never exceed an amount equal to the invoice value of the product or service which the damage was caused.
Article 7.4 - Notwithstanding the provisions of this article, there can be no question of a guarantee if the wear and can be considered further in the following cases as normal:
- If changes are made, including repairs are not carried out with the consent of the Seller or the manufacturer to the product;
- If the original invoice can not be submitted, changed or made illegible;
- Where are the result of not corresponding to the destination or improper use;
- If damage is caused by intent, gross negligence or improper maintenance;
- Damage caused by moisture or water;
- Damage to consumables such as lamps, flight cases, software, DVD `s, CD` s, software packages and cables (unless manufacturing defects);
Article 7.6 - The Buyer shall indemnify any claim by third parties in respect of the implementation of the agreement against the Seller may assert, as the law the Seller does not preclude the damages and costs borne by the Purchaser to come.
Article 7.7 - It is possible that the Seller at his website links to other Internet sites that may be interesting or informative for the visitor. Such links are purely informative. The Seller is not responsible for the content of the website referred to or the use that can be made.
Article 7.8 - The Buyer is obliged to check the delivered goods receipt immediately. If it transpires that the delivered product wrong, inadequate or incomplete, then the Purchaser (before proceeding to return to the Seller) immediately in writing to the Seller. These defects Any defects or faulty goods should and can be reported in writing. Later than 30 days after delivery to the Seller Return of goods must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage occurring after detection of failure, encumbrance and / or sale after detection of failure, does the right to claim and return entirely.
Article 8.1 - The ownership of all goods sold by the Seller to the Buyer and delivered goods remains with the Seller until the Buyer's claims of Seller under the agreement or prior or subsequent similar agreements not be satisfied until the Buyer performed or to be performed work from these or similar agreements have not yet met and as long as the Buyer's claims Veroper for failure to fulfill such commitments have not yet been met, including claims in respect of penalties, interest and costs, ...
Article 8.2 - The risk and responsibility in relation to the products at the time of delivery to the Purchaser, even if the seller still
more about property offers on the products delivered.
Article 8.3 - The goods supplied by the Seller under the retention of title may only be sold in the course of normal business and never be used as currency.
Article 8.4 - The Buyer is not entitled to pledge or otherwise encumber the goods falling under the retention of title.
Article 8.5 - If third parties seize goods delivered subject to retention of title or rights to establish or exercise, the Buyer shall be held to inform the Seller as soon as reasonably expected.
Article 8.6 - The Buyer gives unconditionally and irrevocably consent to the Seller or a third to be appointed by Seller to, in all cases where Seller wants to exercise, to where its property is then located all those places her property and doing business there to be taken.
9. Intellectual property rights
Article 9.1 - The Buyer acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and / or the internet site at the Seller, its suppliers or other claimants.
Article 9.2 - Intellectual property includes patents, copyrights, trademarks, designs and design rights and / or other (intellectual property) rights, including whether or not patentable technical and / or commercial know-how, methods and concepts.
Article 9.3 - It is to use or to make changes to the intellectual property rights as described in this article, such as reproduction without the express prior written consent of the Seller, its suppliers or other claimants, changes the Buyer prohibited use unless this is to private use of the product itself.
Article 9.4 - Unless otherwise expressly agreed in writing, the full copyright and all other rights of intellectual and industrial property rights relating to the goods supplied by the Seller or services, such as trademark rights, design rights, patent rights, sui generis database rights, etc., only the Seller and / or its suppliers.
10. Contact and complaints
Article 10.1 - The Seller is located at the following address: Oudepastoriestraat 13 - 3390 Tielt-Winge, and registered under number 0475.240.414. The VAT identification number is BE 0475.240.414. The Seller can be contacted by phone +32 16 630267 or the contact form.
Article 10.2 - Any technical, financial or commercial demand some kind of contact between the Buyer and the Seller is via the above address or by fax at +32 16 368772, with the fax or email a clear description of the problem or question. The seller undertakes to provide in the form of a solution, a referral to manufacturer or author, an answer or a quote. Purchaser within fourteen (14) days of response
Article 10.3 - The Seller has a complaints and deals with complaints under this procedure. Complaints about the implementation of the agreement must be submitted to the Seller after the Buyer has discovered the defects. Promptly, fully and clearly described
Article 10.4 - The Seller will always seek technical questions or problems to solve but if the nature of the problem requires, the Buyer shall be to the manufacturer or author of the product referred. The complaint should be dealt with within thirty (30) days. If a complaint is a foreseeable longer processing time, by the Seller within the period of fourteen (14) days responded with an acknowledgment of receipt, the buyer will be informed of the indicative delay period.
11. Applicable law and competent court
Article 11.1 - All rights, obligations, offers, orders and agreements to which these Conditions apply, including these Terms and Conditions shall be exclusively governed by Belgian law.
Article 11.2 - All disputes arising shall be governed by Belgian law under this Agreement. For all disputes arising out of this Agreement, the Court of the District of Leuven jurisdiction.
Article 12.1 - The Seller respects the privacy of all users of its site and ensures that the personal information you give us is confidential.
Article 12.2 - Information that can identify an online visitor to the website of the Seller can be derived, is voluntarily provided by the Buyer. This information is used by the Seller (and all its subsidiaries and brands) with the aim of the visits to our web site as easy and enjoyable as possible, and to proceed. Orders as quickly and easily as possible In addition, this information may be used for analysis and providing information about the product portfolio of the Seller. The Buyer gives explicit permission.
Article 12.3 - The Seller uses this information only with your permission. Seller shall record the information provided by the Buyer in a file, which are stored on a secure server. The Seller shall only provide personal information to third parties involved in carrying out the order of the Purchaser. Our employees and third parties engaged by us are obliged to respect. Confidentiality of the data of the Buyer
Article 12.4 - Your personal information will not be sold by the Seller, shared or rented to third parties in any other way than as disclosed in this statement.
Article 12.6 - The Seller is entitled to make, when there is reason to believe that disclosing this information about a visitor in special cases public is necessary, to make or to institute a lawsuit against contact to identify, someone whether or not the rights or property of the Seller, other users of its website or others who may suffer damage harms or causes damage. The Seller is entitled to release when we believe in good faith that the law requires it. Information about users