TABLE OF CONTENTS
Article 1 – Identity of the vendor
Article 2 – Applicability and terms and conditions
Article 3 – Offer
Article 4 – Order
Article 5 – Right of withdrawal
Article 6 – Price
Article 7 – Payment
Article 8 – Conformity and guarantee
Article 9 – Delivery and execution
Article 10 – Force Majeure
Article 11 – Liability
Article 12 – Complaints procedure and disputes
Article 13 – Processing personal data
Article 14 – Intellectual property
Article 15 – Proof
Article 16 – Invalidity and integrality
Article 17 – Online dispute settlement
Annex – Standard form for right of withdrawal
ARTICLE 1 IDENTITY OF THE VENDOR
Benco International NV
(hereinafter “the Vendor”)
ARTICLE 2 TERMS AND CONDITIONS
These general terms and conditions (hereinafter “the General terms and conditions”) apply to every offer by the Vendor that is placed on the website http://primo-elektro.be
, (hereinafter “the Web shop”) and to every distant contract between the Vendor and the purchaser that has arisen via the Web shop.
Each use of the Web shop and each product ordered implies prior consultation and explicit and unconditional acceptance by the purchaser of these General terms and conditions that are available on the Web shop at all times.
The Vendor reserves the right to amend and/or add to the contents of the General terms and conditions without prior notification. The most recent version of the General terms and conditions are always available for consultation via the Web shop.
ARTICLE 3 OFFER
The products and their availability are specified on the Web shop.
The Vendor commits to describe the products offered completely and accurately. If it should nevertheless appear that the Vendor has made a clear material error in the description of a product offered or in its price, the Vendor cannot be held to deliver the product according to the flawed description or the flawed price indication.
The Vendor shall use all reasonable means to indicate the availability of products accurately, but cannot be held liable for filling a customer’s order if a product is no longer available.
If one or more of the products ordered is no longer available, the Vendor shall inform the purchaser and the purchaser shall have the possibility of either changing or cancelling his order. With cancellation, payment by the purchaser shall be reimbursed if he has already made payment.
ARTICLE 4 ORDER
The purchaser can only place an order if he is older than 18 years of age and insofar as he provides the information required (which includes a valid telephone number, a valid e-mail address and a valid address). If the order is placed by a minor, the Vendor may refuse this order.
The purchaser can place an order via the order form, after which he shall select the means of delivery (see Article 9) and the method of payment (see Article 7), and makes a payment.
The order is final after the Vendor has received approval of the payment transaction from the issuer of the credit and/or debit card, and after the purchaser has received a confirmation mail.
If the issuer of credit and/or debit cards does not approve of the payment, the Vendor cannot be held liable for delays in delivery and/or non-delivery of the order. Orders without valid payment shall not be accepted or processed.
The Vendor reserves the right to refuse orders from which it appears (e.g. on the basis of an abnormally large number of products ordered) that the purchaser is not acting as a final use and/or has the intention of reselling the products himself.
ARTICLE 5 RIGHT OF WITHDRAWAL
The purchaser is granted a period of 14 calendar days to withdraw his order without payment of a fine and without an obligation to submit a reason.
If the purchaser wishes to invoke his right of withdrawal, he must, within 14 days, starting on the day following the delivery, contact the Vendor via firstname.lastname@example.org
and, preferably, add the completed standard form annexed to these general terms and conditions. Non-observance of these terms shall divest the purchaser of his right of withdrawal.
The Vendor shall then, by an e-mail to the purchaser, i) confirm that the purchaser withdraws the purchase, ii) indicate the address to which the purchaser should return the products and iii) confirm the account number to which the vendor should refund the price paid and the costs.
During the cooling-off period of 14 days, the purchaser shall handle the product and the packaging with care. He shall only unpack the product and/or use to the extent required in order to determine the nature, characteristics and operation of the product.
The products should be returned well protected, in the original packaging, with all delivered accessories and in their original state. The purchaser is liable for any depreciation of the products that is the result of the use of the products, that goes beyond that which is required in order to determine the nature, characteristics and operation of the product. The Vendor reserves the right to deduct this depreciation from the price and the costs that he must refund the purchaser.
The purchaser bears the risks connected with the return. The purchaser must save the proof of dispatch of the products.
The Vendor cannot accept any products for which there is no element included to identify the sender (return number, order number, name, first name, address). The returned products that cannot be accepted shall remain at the address of the Vendor at the disposal of the purchaser, who is required to accept them back and to pay for them. In the event of abnormal returns or in the event of abuse, the Vendor reserves the right to refuse a subsequent order.
If the purchaser exercises his right of withdrawal correctly according to the methods agreed upon, the Vendor shall send an e-mail to the purchaser confirming such, and the Vendor commits to refund the price and costs by the same method of payment with which the purchaser paid for the products, unless the purchaser has explicitly agreed to other terms, within 14 calendar days from the purchaser’s notification of his intention to use the right of withdrawal.
The Vendor does retain the right to wait with the refund until he has received all products or until the purchaser has demonstrated that he has shipped the goods, whichever occurs first.
ARTICLE 6 PRICE
The prices on the Web shop are given in euros and include VAT, Recupel and any other taxes and/or contributions that are applicable.
The Vendor may charge shipping costs in addition to the price. This shall be indicated clearly prior to the finalisation of the order.
The prices indicated may change at any time. When placing an order, the price that was valid at the time of ordering applies for this distant contract.
ARTICLE 7 PAYMENT
The purchaser can pay for his order via the following methods of payment:
- Immediately (in a secure environment):
via internet banking: ING HomePay, GiroPay, iDeal, BELFIUS, KBC/CBC
with a credit card: VISA, MasterCard, Bancontact, Maestro
- Via transfer
If the purchaser selects this method of payment, after confirmation of his order, he will receive payments instructions electronically. The products ordered shall only be sent once payment has been received into our account.
After receiving payments, an order confirmation shall be sent to the e-mail address submitted by the purchaser. This confirmation shall be accompanied by a link to the general terms and conditions and shall also state the details of the Vendor, the date of the order, the product(s) ordered, the price plus the costs, the delivery address and – methods, the methods of the right of withdrawal (cf. above) and the details of the complaints service and after-sales service.
The product(s) ordered remain the property of the Vendor until full payment of the price and any costs indicated with the order.
ARTICLE 8 CONFORMITY AND WARRANTY
The legal warranty pursuant to article 1649b to 1649g of the Dutch Civil Code applies to the products delivered by the Vendor. The Products delivered by the Vendor have a warranty period of two years.
If the product does not correspond to the agreement, the purchaser should inform the Vendor in writing within a period of two months after this discovery, submitting the original invoice.
This warranty only covers a lack of agreements that already exists at the time of delivery of the goods.
The warranty does not apply to normal wear and tear, defects as a result of unprofessional or inappropriate use, damages caused through malice or negligence or lack of maintenance and not following the user instructions and/or manual.
Consequently, the following are excluded:
- All direct or indirect damage after the delivery caused to the appliance by the purchaser's own actions (e.g., by oxidation, shocks, falls, etc.);
- The replacement of accessories or extensions that should be replaced regularly;
- Defects as a result of fire, water damage, lightning strikes, accidents, natural disasters;
- Damage as a result of commercial, professional or collective use of the appliance.
ARTICLE 9 DELIVERY AND EXECUTION
The transport costs are clearly indicated at the time of ordering even before the order is finalised.
The transfer of risk to the purchaser takes place at the time of delivery. Each delivery is deemed to have been completed as soon as the product is made available to the delivery address as submitted by the purchaser. The monitoring system used by the deliverer provides the proof of being made available.
Delivery and installation of large appliances
By large appliances is understood: refrigerators taller than 85 cm, freezers taller than 85 cm, wine cupboards, washing machines, dishwashers, cookers.
The Vendor only delivers large appliances in Belgium. Orders with a delivery address outside of Belgium will not be accepted.
Large appliances are delivered at home by a shipping agent. The delivery service shall take up contact with the purchaser to make an appointment.
The delivery will only be executed to a maximum of the third storey of the building, provided there is a sufficiently large lift.
American refrigerators are delivered to the threshold.
If the purchaser so requests, the delivery service will take his old appliance along at no charge on the condition that it involves a similar appliance with comparable measurements, but as there is no additional work required, and that the appliance is completely empty, thawed, disconnected and ready for transport.
In the event of the absence on the agreed-upon date or an apparently unfunded refusal of the delivery by the purchaser, the costs resulting from a supplementary placement are for the expense of the purchaser.
Delivery of small appliances
Small appliances are delivered by the courier service to the address submitted by the purchaser or to the pickup point.
In the event the purchaser is absent, a card shall be left behind by the courier, on which the purchaser is informed of the pickup point of his order.
The Vendor only delivers to addresses in Belgium, Luxembourg, the Netherlands, France and Germany. Orders with a delivery address outside of one of these countries will not be accepted.
For appliances that are in stock at the time of the order, the Vendor strives to execute the delivery within the following periods:
- Delivery in Belgium: 1 to 2 working days
- Delivery in the Netherlands, France, Germany, Luxembourg: 1 to 3 working days
ARTICLE 10 FORCE MAJEURE
Each party is discharged by law and not held to comply with any obligation against the other party in the event of force majeure. By force majeure is understood the situation in which the execution of the agreement by one of the parties, wholly or in part, whether or not, temporarily, is impeded by circumstances beyond the will of that party, even if this circumstance was foreseeable at the time of the formation of the agreement. Without being exhaustive, the following are regarded as force majeure in all respects: exhaustion of the supply, delay in or failure of delivery by suppliers of a party, loss of goods as the result of accidents, machine failure, strikes or lockouts, fire, riots, war, epidemic, flooding, high sickness absence, disruptions in electric supply, computer, internet or telecommunications, governmental decisions or interventions (including the refusal or cancellation of a permit), fuel shortages and flaws or delays attributable to third parties. The party that invokes force majeure is not obligated to prove the unaccountable and unforeseen nature of the circumstance that comprises that force majeure.
In the event of force majeure, the obligations on the part of the party concerned are suspended. In such an event, the parties shall take all reasonable efforts to restrict the consequences of a force majeure situation.
In the event the force majeure lasts for longer than two (2) months, the other party is entitled to terminate the agreement without the intervention of the court, without the party invoking the force majeure being held to payment of any compensation to the other party.
ARTICLE 11 LIABILITY
The Vendor only applies resource commitments, for all stages of access to the Website, from the Web shop, to delivery or to subsequent services. The Vendor is not liable for inconveniences or damage inherent to the use of the Internet, including a disruption in service, an intrusion outside or the presence of computer viruses, of for each fact that could qualify as force majeure.
The Vendor is not liable for indirect damage of any sequential damage due to later delivery or non-delivery by the appointed shipping agent. In any event, the liability of the Vendor cannot consist of more than an amount equal to the paid or payable amounts at the transaction that lies/lie at the origin of the aforementioned liability, which is also the cause or form of the amount payable in question.
ARTICLE 12 COMPLAINTS PROCEDURE AND DISPUTES
For any complaints, the purchaser may turn to the Vendor’s customer service.
- By telephone in Belgium: 014/21.71.91
- By telephone in the Netherlands:
- By telephone in France:
- By e-mail: email@example.com
- By letter: Benco International NV, attn. customer service, Dompel 9, 2200 Herentals, Belgium
All agreements that arise via this web shop are governed by Belgian law and, in cases of disputes, only Belgian courts are authorised. If, for reasons of international law, another law applies, the relevant provisions of Book VI of the Belgian Code of Economic Law shall apply first in the interpretation of the current general terms and conditions.
ARTICLE 13 PROCESSING PERSONAL DATA
The Vendor will collect personal data about the purchaser in the framework of its contractual relationship with the purchaser. This concerns the name, address, e-mail address, language and telephone number (hereinafter the “Personal Data”)
The Vendor shall process the Personal Data in accordance with the provisions of the Law of 8 December 1992 on the protection of privacy with respect to processing personal data.
The Vendor (with the business address as indicated above) is the party responsible for the processing and shall process the Personal Data for the following purposes: the execution of the agreement with the purchaser, customer administration and, if the purchaser has agreed, for direct marketing, via both electronic and regular post (including sending newsletters, sales offers and information about the products and activities of the Vendor).
The Vendor shall only provide your personal data to third parties with whom they have a contractual relationship and that provide a specific service for the Vendor (e.g. shipping the goods you have ordered and arranging for your payment) and who have committed themselves to using this data only for the execution of the service.
The purchaser has the right to oppose, at no extra cost, further processing of the Personal Data for direct marketing by directing a dated and signed latter to the Vendor (at the address listed above or to the following e-mail address: firstname.lastname@example.org
The purchaser also has a right to view and correct his Personal Data. This right can be exercised by directing a dated and signed latter to the Vendor (at the address listed above or to the following e-mail address: email@example.com
ARTICLE 14 INTELLECTUAL PROPERTY
All components of the Web shop, its underlying technology (including the software), the images on the Web shop and the “look & feel” of the Web shop, are protected by intellectual property rights (including copy rights, trademark rights, patent rights and databank rights). They are and remain the exclusive property of the Vendor.
ARTICLE 15 PROOF
The proof of the communication, the orders and the payments that have taken place between the purchaser and the Vendor can be provided on the basis of the information registers that are saved in the Vendor’s computer systems and/or the businesses on which it calls for IT services.
ARTICLE 16 INVALIDITY AND INTEGRALITY
If one or more provisions or a part of a provision of the General Terms and Conditions are deemed to be invalid or declared to be invalid by the application of a law, an ordinance or as the result of a final decision by an authorised jurisdiction, all other provisions or the provision deemed not invalid or so declared part of the provision maintain their power and scope.
The General Terms and Conditions and the summary of the order are transferred to the purchaser, make a contractual whole and constitute the full contractual relationship that has taken place between the Parties. In the event of contradiction between these documents, the General Terms and Conditions shall prevail.
ARTICLE 17 ONLINE DISPUTE SETTLEMENT
Disputes with respect to purchasing via the Web shop may also be settled via extrajudicial online dispute settlement (also known as Online Dispute Resolution or ODR) to the extent that the application conditions have been fulfilled. You can reach the ODR platform via the webpage http://ec.europa.eu/odr
STANDARD FORM FOR CANCELLATION
Book VI Code of Economic Law
(only complete and send this form if you wish to cancel the agreement)
To Benco International NV
I/We (*) hereby inform (*) you that I/we (*) cancel our agreement with regard to the following goods/delivery of the following service (*)
Ordered on (*)/received on (*) ___/___/______ (dd/mm/yyyy)
Signature of purchaser(s) (only if this form is submitted on paper)
Date: ___/___/______ (dd/mm/yyyy)
(*) Strike through that which does not apply.