General sales conditions
items 1: General
These general terms and conditions of sale apply to all orders and purchases made through the web shop available at www.entusia.be, operated by the B.V.B.A. ENTHUSIASM, with registered office at 2350 Vosselaar, Belgium, Charlottapad 20, with company number 0656499958 (hereinafter the “Seller”).
These general sales conditions always take precedence over any general or special conditions of the customer.
The customer can be any natural or legal person who enters into a contractual relationship of any kind with the Seller (the customer") or any person who, for non-professional purposes only, acquires products or services placed on the market (the “Consumer Customer”).
The Seller and the Customer explicitly agree that a valid agreement can be established between the parties by making use of electronic forms of communication.. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of the Seller apply here, as far as the law allows, as a presumption of evidence.
items 2: Order
An order can only be placed via the website. The Seller undertakes to process the orders placed on the site while stocks last and within the restrictions set out in these conditions. The online order can only be processed if the Customer has clearly identified himself by completing the contact form. The Seller reserves the right to refuse orders in case of depletion of stock of a particular product. An order is only final after acceptance of these general terms and conditions of sale and payment by the Customer in accordance with article 5.
items 3: Verzakingsrecht
The Consumer Customer can, within fourteen (14) days after delivery of the product, without penalty and without giving reasons, to exercise the right to cancel. There is no right to cancel if the product and packaging are no longer in original condition, complete, in undamaged and unused condition, where a hygienic sticker is used that may not be removed in order to still be able to invoke the right of renunciation.
The basic principle here is that the Consumer Customer may only handle and inspect the product as he should in a store.
All documentation sent, warranty certificates and packaging materials must be enclosed with the return shipment. The return must be done in the same way as the delivery.
In case he exercises his right to renounce, the Consumer Customer is obliged within fourteen (14) to report this to the Seller days after delivery.
The notification must be made using the model withdrawal form, as made available at this link: Model withdrawal form
The product then serves within fourteen (14) days after the day on which the Consumer Client communicated the decision to withdraw from the agreement to the Seller, in the condition in which the Consumer Customer received the product, to be returned to the Seller, stating his bank account number. Only the direct costs of returning the products are borne by the Consumer Customer.
If the Consumer Customer has made use of the right to cancel as stated in the previous paragraph, then the Seller wears within fourteen (14) days after the day on which the Seller is informed of the Consumer Customer's decision, ensure the refund of the amount paid by the Consumer Customer to the Seller using the same payment method as that used by the Consumer Customer in the original transaction, unless the Consumer Customer agrees to another payment method.
Unless the Seller offers to collect the product himself, however, he may wait to refund until he has received the product or until the Consumer Customer proves that he has returned the product, whichever is earlier.
The Seller is never liable for any damage, theft or loss- which arises when the product or packaging is returned.
The risk and the burden of proof for the correct and timely exercise of the right of renunciation lies with the Consumer Customer.
If the product is not received in accordance with the conditions of the right to cancel, the purchase amount will not be refunded. The product remains the property of the Consumer Customer who is obliged to collect his property within two weeks. The product can also be delivered at the request of the Consumer Customer.
items 4: Delivery
The website focuses exclusively on the Belgian and Dutch markets. Different conditions may apply to deliveries abroad (For more information: firstname.lastname@example.org).
The ordered product is delivered to the address specified by the Customer, which should thus be located in the Netherlands or Belgium.
The risk is transferred to the Customer from the moment of delivery or collection of the products. From that moment on, the Customer bears the risk of loss, theft and partial or total destruction of the products. Ownership is transferred only after full payment of the price by the Customer.
Delivery times on the website are only indicative.
Unless otherwise agreed, however, a maximum delivery period of 30 days, to be counted from the day following that on which the Consumer Customer sent his order to the Seller. If the planned delivery time is exceeded due to the fault of the Seller, the Consumer Customer can request the Seller to make the delivery within an additional period, which is appropriate in the circumstances. If the Seller does not deliver the products within the additional period, the Consumer Customer is entitled to cancel the order free of charge without judicial intervention and with simple notification. The Consumer Customer will within 30 days the amounts already paid will be refunded.
Except for a Consumer Customer, the stated delivery time is only an indication, therefore no rights can be derived from this.
items 5: Prices
The prices displayed on the website per product are expressed in EURO and include VAT, but excluding shipping costs. The calculation of the shipping costs, that are borne by the Customer, you can at any timehere consult. All other taxes or taxes that arise between the time of order and the time of delivery, are also borne by the Customer.
The costs of shipping are and remain at the expense of the Customer, even if he would invoke his right of renunciation.
Special offers are only valid while stocks last.
items 6: Payment
Payment must be made immediately according to one of the following payment options:
– Bancontact/Mister Cash
– Visa / MasterCard
– iDEAL / Immediately
After the system has accepted the aforementioned payment, the Seller confirms the order by e-mail. If a payment method with a credit card is chosen, the terms and conditions of the relevant card issuer apply. The Seller is not a party in the relationship between the Customer and the card issuer.
items 7: Defects and Complaint Period
The Customer is obliged to accurately check the products immediately upon receipt (to do) inspect. Complaints from the Customer, relating to defects in the product or delivery, that are visible externally, must be sent by the Customer within seven (7) days after delivery to the Seller in writing.
The customer, not being Consumer Customer, is not entitled to the products, about which there are no substantiated complaints, to return. If this is done without valid reasons anyway, then all costs associated with return, at the expense of the Customer. In that case, the Seller is free to store the products among third parties at the expense and risk of the Customer, at the request and expense of the Customer, to return to the Customer.
items 8: Warranty and Liability
The Seller guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the statutory provisions and / or government regulations existing on the date of the conclusion of the agreement.
In principle, the warranty applies to products delivered by the Seller, as determined by the manufacturer of the relevant product. If the delivered product does not comply with the agreement, the Buyer must then within a period of two months after discovery thereof, to notify the Seller.
Consumer Customers are entitled to the rights as set out in articles 1649bis through to. 1649octies of the Civil Code are included.
If for any reason the Seller is bound by any contractual or additional- to compensate contractual damage to a Customer who is not a Consumer Customer, this compensation will never exceed an amount equal to the invoice value with regard to the product that caused the damage.
Without prejudice to the provisions of this article, there can be no warranty in the following cases:
- if the wear can be considered normal;
- if changes have been made in or to the product, including repairs that have not been performed with the permission of the Seller or the manufacturer of the product;
- if the original invoice cannot be submitted, has been altered or made illegible;
- if defects are the result of improper use or improper use that does not correspond to the destination of the product;
- if damage is caused by intent, gross negligence or negligent maintenance.
items 9: Force of the majority
The Seller is not responsible for cases of force majeure, this means situations that make it almost impossible for the Seller to fulfill his obligations under the agreement concluded with the Customer, to be carried out. These include: natural disasters, uproar, war and military operations, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, brand, telecompannes, "Bugs" in third party software, flooding, lightning, explosions, collapses, as well as any act or omission by any person or entity beyond the reasonable control of Seller.
items 10: Applicable law and jurisdiction
These general terms and conditions of sale are subject to Belgian law. Any dispute about the interpretation or application of these general terms and conditions of sale falls under the jurisdiction of the courts in Antwerp, unless the law mandatorily prescribes another court.