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Sales terms

DEKNUDT FRAMES NV GENERAL TERMS AND CONDITIONS

 

The Purchaser must always read and accept these General Terms and Conditions before placing an order. Placing an order on the website and/or signing a Contract with the Seller is considered explicit acceptance of these General Terms and Conditions by the Purchaser

1. Who are we?

DEKNUDT FRAMES NV, founded in 1923, is a family business specialised in the manufacture and distribution of photograph and picture frames. With a motivated team of 130 staff, Deknudt has extended its sales activity right across Europe.

Our contact details are:
Deknudt Frames N.V.
Breestraat 31A
8540 Deerlijk
BELGIUM

VAT no. BE 0478 793 285
T: +32 56 77 83 03

www.deknudtframes.be
info@deknudtframes.be

The General Terms and Conditions below apply exclusively to distance sales: i.e. a contract generated between the Purchaser and Seller merely due to the use of (electronic) communication tools intended to facilitate such remote contracts.

2. Definitions

a. Consideration Period: the period during which the Consumer may invoke the Right of Withdrawal.

b. Day: calendar day.

c. Durable Data Carrier: any communication tool (including e-mail) that enables the recipient to save or store the information addressed to him/her so that it can be consulted again later.

d. Right of Withdrawal: the possibility offered to the Consumer by law to withdraw from a Remote Contract within a Consideration Period.

e. Remote Contract: a contract generated between the Seller and Purchaser merely due to the use of communication tools for distance sales that are intended to facilitate such remote contracts. A Remote Contract is hereinafter also referred to simply as a “Contract”.

f. Model Form: the standard form for withdrawal, appended to these General Terms and Conditions, designed according to the European rules. The Model Form does not have to be provided if the Consumer cannot invoke the Right of Withdrawal for a given contract.

g. Communication tool for distance sales: communication tool intended to generate contracts between two parties without these parties needing to be physically present in the same room.

h. Purchaser: Any party that obtains goods or services from the Seller by means of a Remote Contract in exchange for a payment of any kind.

i. Seller: Deknudt Frames NV, see Article 1.

j. Consumer: Purchaser entering into the Contract for purposes that have no connection to his/her commercial or professional activities

k. Business: any Purchaser, whether a natural or legal person, entering into the Contract for purposes connected to its commercial or professional activities

3. Applicability of the General Terms and Conditions

a. These General Terms and Conditions apply to every offer from the Seller and to every Contract generated between the Seller and Purchaser, of which these General Terms and Conditions form an integral part.

b. These General Terms and Conditions take legal precedence over any of the Business’s purchasing conditions, which are explicitly rejected.

c. The General Terms and Conditions are always made available to the Purchaser, clearly and in full, before the Contract is signed definitively.

d. The Purchaser receives the General Terms and Conditions when the Contract is generated, by means of a Durable Data Carrier. The Seller will make a copy of the applicable General Terms and Conditions available upon request.

e. Deviations from these General Terms and Conditions only apply to the extent that they are the result of a mutual agreement set down in writing.

f. The use of electronic forms of communication can lead to the generation of a Contract

4. Offer, price and acceptance

a. The offer is an invitation from the Seller to the Purchaser aimed at generating a Contract. The offer only applies while stocks last.

b. The offer contains a clear description of the product or products that are the subject of the Contract that will be generated after acceptance.

c. Manifest or obvious errors or mistakes in the offer do not bind the Seller and can also be corrected by the Seller after generation of the Contract.

d. Limits to the offer, such as limitations in time and space, only apply to the extent that they are clearly stated at the time the Contract is generated.

e. The Seller retains the right to adjust product prices with respect to future contracts. Price changes resulting from a change in VAT rate, however, can be applied after generation of the Contract.

f. The image material used in an offer is intended as an illustrative indication of the main characteristics of the product in question. Deviations in the product from the images are insufficient reason to demand that the Contract be declared invalid.

g. The prices stated in the offer that apply to Consumers include VAT.

The prices stated in the offer that apply to Businesses do not include VAT. The VAT owed is always indicated in the detailed product specifications and is stated separately in the shopping basket.

h. The prices stated in the offer do not include the costs of (standard) delivery.

i. The price to be paid by the Consumer can only be paid electronically using the
e-payment facility available for that purpose. The order is only definitive once the Seller has received the payment.

j. Unless agreed otherwise, the Business must pay the price within 14 days of supply in accordance with the invoice sent by the Seller. Non-payment of the invoice by the deadline will incur late payment interest of 15% per year, by law and without prior notification. In the event of non-payment by the deadline, each amount owed will be increased by law and without notification by 15%, with a minimum of 15 EUR, by way of a contractual damage clause. The goods supplied by the Seller shall remain its property until the purchase price and any interest and costs owed by the Business have been paid in full.

k. The Contract is generated at the time when the Seller accepts the Purchaser’s order by means of a confirmation message sent through the available electronic channels. The Seller has up to ten (10) days following the order to accept it.

l. The Purchaser has the right to withdraw from the Contract until the order is accepted by the Seller

5. Deliveries

a. The stated delivery periods are merely indicative in nature.

b. Possible delivery delays cannot lead to the termination of the Contract and/or to liability for any damage compensation to the Customer.

c. The Seller makes use of external transport firms to make the delivery. The Seller is not liable for shortcomings on the part of the transport firm during delivery. The Seller will instigate an investigation of the transport firm in the event of a defective delivery. During the investigation period, no refund or replacement shipment will be provided.

d. The Seller bears the risk of damaged and/or missing products until the time of delivery. All deliveries theoretically require a signature on the delivery confirmation, but the lack of a signature will not affect the transfer of the risk.

e. The delivery occurs upon the first attempt to deliver the products ordered to the Purchaser. The Purchaser is expected to make the delivery possible in accordance with the agreements. In the event of an unsuccessful attempt at delivery, extra costs may be charged for a new attempt at delivery.

6. Fulfilment of the Contract

a. The Seller guarantees that the products delivered meet all the specifications communicated in the offer, and that the product meets reasonable expectations of robustness and/or usability on the date when the Contract was generated. The Seller honours all the legal requirements in this respect, as determined in articles 1641 to 1649 of the Belgian Civil Code.

b. Extra guarantees offered by the Seller or its suppliers can never limit the legal rights and claims of the Purchaser towards the Seller in the event that the Seller has neglected its obligations derived from the Contract.

c. Extra guarantees means that the Seller or one of its suppliers grant the Purchaser claims or rights that go beyond what is legally required in the event that the Seller has neglected its obligations derived from the Contract.

d. The guarantee does not apply to:

e. The Purchaser is expected to inspect the products carefully for conformity immediately following delivery. Complaints relating to insufficient conformity must be explicitly and unambiguously communicated in writing, with justification, to the Seller within seven (7) days of delivery.

f. The defective products must be sent back to the Seller, always in their original condition, including packaging, accessories and documentation and always accompanied by the original invoice or valid proof of payment. The goods are always returned at the Purchaser’s risk and expense. They must be returned within seven (7) days of notification of the complaint at the latest.

g. If the above conditions are met, the Purchaser first and foremost has the right to a free repair in the form of a replacement. The Seller is only obliged to refund the price if the Purchaser demonstrates that the repair or replacement no longer gives the same benefit. Any payment resulting from this can never be greater than the amount invoiced to the Purchaser.

h. Costs resulting from inappropriate use of the guarantee arrangements are to be borne entirely by the Purchaser.

7. Right of Withdrawal

a. The conditions below concerning the Right of Withdrawal apply exclusively where the Purchaser is acting in the capacity of a “Consumer”.

b. The Consumer has the right to withdraw from the Contract during a 14-day Consideration Period without giving a reason for doing so. The Consumer may inspect the product that forms part of the Contract as s/he would do in a shop. Thus s/he may unpack and handle it to the extent required to ascertain whether the product is of interest to the Purchaser and works properly.

c. To invoke the Right of Withdrawal, the Consumer must inform the Seller during the Consideration Period of his/her decision to withdraw by using the Model Form HV: op woord modelformulier een link plaatsen naar dat formulier or in another clear and unequivocal manner. The Consumer must provide at least the following information:

d. The 14-day Consideration Period begins at the point when the Consumer or a third party s/he has indicated, other than the transport firm, physically takes possession of the product ordered.

e. The Consumer is liable for reductions in value resulting from activities other than the mere inspection of the products.

f. Within 14 days of the day following the point in time described in article 7.c, the Consumer will send the products s/he does not wish to keep back to the Seller.

g. The Consumer returns the products in their original condition and original packaging, along with all the accessories. The Consumer takes account of the instructions for return issued by the Seller when returning the products.

h. If a dispute should arise as to the way in which or the period during which the Consumer has exercised the Right of Withdrawal, the burden of proof lies with the Consumer.

i. If the Right of Withdrawal is invoked, the costs of return are borne by the Consumer.

j. If the Consumer invokes the Right of Withdrawal, all the supplementary contracts are automatically terminated.

k. As soon as the Seller receives notice from the Consumer that the Consumer wishes to invoke the Right of Withdrawal, the Seller sends the Consumer a confirmation of receipt.

l. The Seller refunds all the amounts paid by the Consumer for the product no more than 14 days after it has received notice from the Consumer that the Consumer wishes to invoke the Right of Withdrawal. However, the Seller retains the right to suspend the refund until it has received all the products again, or until the Consumer has demonstrated that s/he has returned the products, depending on which time occurs first.

m. The Seller uses the same method of payment to make the refund as the Consumer used, unless the two parties have agreed to use a different method of payment.

n. No Right of Withdrawal applies to the following products:

8. Force Majeure

a. If the Seller is fully or partly prevented from meeting its obligations to the Purchaser due to circumstances independent of its will, this shall be considered force majeure. In that case, the Seller is not obliged to meet its obligations to the Purchaser, and this applies for the duration of the force majeure. A situation of force majeure does not give rise to any form of compensation or any opportunity to terminate the contract.

9. Intellectual property

a. All intellectual property rights and derivative rights to our products shall be retained by the Seller and/or the party that owns the rights. These intellectual property rights are understood to include copyrights, trademarks, designs and design rights and/or other (intellectual property) rights, whether or not these include technical and/or commercial know-how, methods and concepts that can be patented. The purchaser is prohibited from making use of and/or making alterations to the intellectual property rights described in this article, unless it is a mere question of private use of the product itself.

10. Processing of personal information

a. The information provided by the Purchaser is necessary for processing and completing the orders and for issuing the invoices. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered an infringement of these General Terms and Conditions. The Purchaser’s personal data will be used exclusively in accordance with the applicable Privacy Statement that can be consulted on the Seller’s website.

b. The Seller will take all possible measures to secure the data sent through electronic channels in the generation of the Contract as well as possible.

11. Other

a. The nullity or invalidity of a clause or part of a clause in the General Terms and Conditions shall not affect the functioning of the other clauses. The disputed clause is considered to stand independently and to be inapplicable. The Seller has the right to replace the clause in question with a valid clause with equivalent effect. Titles and subtitles in this contract have a merely illustrative value from which no rights can be derived.

b. All issues, questions and disputes relating to the validity, interpretation, validation, implementation or termination of this Contract shall be governed and construed in accordance with Belgian law, without however taking account of any other choice of law or rules or provisions that conflict with the law (Belgian, foreign or international) that make the law of a jurisdiction other than Belgium applicable.

c. Any dispute as to the validity, interpretation, validation, implementation or termination of this Contract shall be within the exclusive competence of the courts where the Seller has its registered office, although wherever possible disputes should be settled out of court.