GENERAL TERMS AND CONDITIONS OF SALE
Name: Funerals Haerens
Address: Latemstraat 25, 9830, Sint-Martens-Latem, Belgium
Email address: email@example.com
Telephone number: 09 282 35 68
VAT number: VAT BE0536 465 131
I. Modalities for online purchases
Article 1 – Object and scope
1.1. The current General Terms and Conditions of Sale determine the rights and obligations of parties with regard to the sale of products via the Internet site https://www.begrafenissenhaerens.be. The current Terms and Conditions only manage the sale of products presented on the Site.
1.2. The General Terms and Conditions are concluded between, on the one hand, the company / natural person Haerens (VAT BE0536 465 131), with registered office at Latemstraat 25, 9830, Sint-Martens-Latem, Belgium, hereinafter referred to as the “Seller”, and on the other, the person who wishes to consult the Site and make a purchase there, hereinafter referred to as the “Customer”. The Customer and the Seller are hereinafter collectively referred to as the “Parties”. The Parties agree that their relationships are exclusively governed by these General Terms and Conditions, unless otherwise agreed.
1.3. Any order for a Product or service that is offered on the Site presupposes prior consultation and explicit acceptance by the Customer of these General Terms and Conditions, without this acceptance, however, being subject to a written signature from the Customer. In accordance with the legal provisions in force in Belgium regarding electronic signatures, the Seller can regard the Customer’s order via the offered modalities (see Article 2.3) as an electronic signature with the same value as a written signature, with the resulting contractual consequences. .
1.4. The Customer who orders a Product on the Site must have full legal capacity.
1.5. The Seller reserves the right to change the General Terms and Conditions and makes the new version available to the Users via the Site.
Article 2 – Protection of privacy
The company Begrafenissen Haerens emphasizes its commitment to carefully respect the trust that you have placed in it and to that end apply the legal obligations regarding the protection of privacy. That is why you, as a Customer, have a right to access, change, correct and delete data that relates to you, right that you can exercise by contacting us, by letter at the address Latemstraat 25, 9830, Sint- Martens-Latem, Belgium, by e-mail at the address firstname.lastname@example.org or by telephone on the number 09 282 35 68.
Article 3 – Modalities for online purchases
3.1. Purchase price of the Product or service
The price of each Product or service sold on the Site is displayed in Euros, including VAT. This price does not include delivery costs, which are borne by the Customer. The Products will be invoiced on the basis of the price in force at the time of the order confirmation, even if the Seller changes his prices after the sale.
3.2. Delivery costs
With the Order, the Customer undertakes to pay the delivery costs in addition to the Purchase Price of the ordered products. The costs will be invoiced on the basis of the rates in force at the time of the order confirmation, even if these costs were changed after purchase. These costs are not reimbursed to the Customer if he returns his Order under his right of withdrawal or the legal guarantees as stipulated in article 6 or article 7 of these General Terms and Conditions.
3.3. To execute an order, the Client must complete the order form that is made available to him on the Site, send an e-mail to the address email@example.com or execute his order by telephone; through these channels he will also have to provide the information that is necessary for the transaction. The Seller is not liable for the consequences that result from passing on incorrect information. By placing his order, the Customer accepts the integrality of these General Terms and Conditions and undertakes to pay the integrality of the total amount due.
3.4. The data stored by the Seller constitute proof of the contractual relationships that have arisen between the Parties.
3.5. The Seller reserves the right to cancel any order or delivery in the event of an existing dispute with the Customer, non-payment of the total amount or part thereof in a previous order or refusal by the banking institutions to allow payment by credit card to leave. In that case, the liability of the Seller cannot be compromised.
3.6. The Customer can cancel his order as long as it has not been sent. The order will then be canceled immediately, as well as the payment request if the payment has not yet been made. If the Seller has already received the payment, the full Purchase Price will be reimbursed to the Client. After the delivery of the purchased products, the Customer can no longer cancel the order, but will be able to exercise his right of withdrawal (see Article 6).
Article 4 – Payment terms
4.1. For the payment of the Purchases, the Customer has a choice of different payment methods:
with credit card of the Visa, Mastercard or American Express type
4.2. The validity of the payment is confirmed or not after verification with the issuing bank. If the payment is confirmed, the debit will take place in accordance with the terms agreed with the banking institution that issued the card. The Product (s) remain the property of the Seller as long as the full payment has not been received by the Seller.
4. 3. Liability
The liability of the Seller cannot be compromised for inconveniences or damage inherent in the use of the Internet work (including information technology virus).
Article 5 – Shipping and delivery times
5.1. The delivery of the Product (s) that are the subject of the transaction is carried out by the Seller throughout Belgium. The Seller will make every effort to ensure that the Order is sent to the address specified by the Customer within a few days of the confirmation of the Order. The delivery person will present himself at the address specified by the Client between 8 am and 6 pm, during working days, and will hand over the package to the addressee or to any other person present at the specified address. In the event of absence, a message will be left in the mailbox with information about the procedure to be followed. It is then up to the Customer to collect his package or to contact the delivery person to agree a new delivery mode for the package. If the Customer does not arrange a new delivery within a period of 2 weeks after the first arrival of the Order, or if he is absent with this new delivery, the Order will be automatically returned to the Seller. In that case, additional delivery costs may be required from the Customer.
5.2. Each delivery is deemed to have been completed as soon as the Product has been received by the Customer, with automatic risk transfer to the latter. The receipt is made by the delivery person.
5.3. Upon receipt of his package, the Customer must check the quality of his purchase and he has the right to formulate any complaints under his right of withdrawal or the legal guarantees, as stipulated in article 6 or article 7 of these General Terms and Conditions. He may also refuse the package if it is clear that it has been opened or if it shows obvious traces of damage due to negligence during delivery. In this second case, the complaints must be communicated to the seller within three working days after delivery of the package.
Article 6 – Right of withdrawal and return arrangements
6.1. The consumer has the right to inform the company that he is canceling his purchase, without paying a fine and without giving reasons, within a period of fifteen (15) calendar days, counting from the day following the day of delivery of the good or on the conclusion of the service agreement in accordance with the provisions of the law of 6 APRIL 2010 on market practices and consumer protection. Counting from the intention expressed by the Customer to return all or part of his Order, he has a period of 10 calendar days to return the Products to the Seller. In the event of non-compliance with this period, the Customer will be relieved of his right of withdrawal and his order will be considered final.
6.2. The return to the Seller will be made to the following address: Latemstraat 25, 9830, Sint-Martens-Latem, Belgium The Customer may choose the delivery method, but must know that the costs and risks associated with the return shipment of the package are at his expense. , and that he must keep proof of shipment.
6.3. In the event that the Customer exercises his right of withdrawal, the Seller undertakes, after checking the returned articles (see article 6.5.), To refund the Purchase Price to the Customer at the latest within thirty (30) calendar days from the Seller’s receipt of the returned package, delivery costs not included.
6.4. Terms of reimbursement
If the Customer has paid for his order by credit card, a credit will be executed on the credit card used by the Customer to the value of the Purchase Price of the returned items. The reimbursement to the Customer is made in accordance with the terms and conditions agreed with the bank issuing the card. If the Customer has paid via another payment method, the refund will be made by bank transfer to the account number provided to the Seller. The Seller disclaims any responsibility in the event of an invalid refund caused by an incorrect mention of the account number by the Customer.
6.5. The Customer will not be able to exercise this right of withdrawal if the Products supplied were clearly used, contaminated, and / or damaged or if documents were missing. The Product (s) must be returned in their original packaging, with all accompanying documents and accessories. If the returned items are not accepted for the reasons mentioned above, the Customer must take them back without refund.
Article 7 – Legal guarantee
7.1. Insofar as the Customer is a consumer and insofar as the product in question is a consumer good, the Customer benefits from the legal guarantee for any lack of conformity of the products supplied, in accordance with Belgian legislation in force and for a period of two year from delivery. Any defect found within a period of 6 months after delivery will be considered as the original defect. After this period of 6 months the Seller may, if circumstances so require, dispute the fact that the lack of conformity was already present at the delivery of the product. If the warranty conditions are met, the Customer may demand the replacement of the item in question, without additional costs, within a reasonable period and depending on the availability of comparable items, or the reimbursement of the Purchase Price. The Seller reserves the right to refuse the exchange or reimbursement of the item under warranty if it should appear that the item has not been used in accordance with the instructions or in the event of misuse by the Customer.
7.2. In contrast to the right of withdrawal (see article 6), the Seller shall refund to the Customer the return costs of the item for which the latter has invoked the legal guarantee, insofar as the return shipment is carried out by the delivery person chosen by the Seller and the article can be the subject of an exchange or refund (see article 7.1). In the case of exchange, the delivery will also be borne by the Seller.
Article 8 – Disputes
8.1. These General Terms and Conditions are subject to Belgian law. Any dispute for which no amicable settlement can be found falls under the exclusive jurisdiction of the courts of the judicial district.
8.2. The exchanges between the two Parties, held by the Seller, will be considered as evidence that can be taken into consideration.
8.3. These General Terms and Conditions form a contractual entity between the two Parties. We aim to update these in accordance with the Belgian legal changes that could have an impact on these conditions. It can nevertheless happen that one or more articles are declared invalid by virtue of a law, rule or by final decision of a competent court. In this case, the other terms and conditions will nevertheless remain fully in force.