UNO KNOKKE GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

Version valid from 01/08/2016

Index:

Article 1: Definitions
Article 2: Company identity
Article 3: General - applicability
Article 4: Delivery and Shipment
Article 5: Prices
Article 6: Right of withdrawal and conditions and exercise procedure
Article 7: Data management
Article 8: Offers
Article 9: Contract
Article 10: Images and specifications
Article 11: Force Majeure
Article 12: Payment
Article 13: Ownership right
Article 14: Complaints procedure
Article 15: Disputes and applicable law
Article 16: Additional or varying provisions
Article 17: Intellectual property


Article 1: Definitions

In these General Terms and Conditions the following definitions apply:

1.    Right of withdrawal period: the period in which the consumer may exercise his/her right of withdrawal.
2.    Consumer: the natural person acting exclusively for non-professional purposes and enters into an online sales contract with the company.
3.    Day: calendar day.
4.    Right of withdrawal: the possibility for the consumer to rescind the online sales contract within the right of withdrawal period.
5.    Company: CHROME BVBA, as further specified in Article 2, which offers online goods/products to consumer or any other natural person or legal entity that is explicitly authorized to offer online goods/products to customers on behalf of and/or on account of CHROME BVBA.
6.    Online sales contract: a contract which in the context of a system organized by the company for online sales of goods/products, up to and including the conclusion of the contract, makes exclusive use of one or more technologies used for online communication
7.    Technology for online communication: a means that can be used for the conclusion of a contract, without the consumer and the company having been in the same room at the same time.
8.    Durable medium: any means which enables the consumer or company to save information which is directed personally to him/her in a way which enables future consultation of the saved information.


Article 2: Company identity

2.1. Company name: Chrome BVBA, trading under the name of UNO KNOKKE: www.unoknokke.com

2.2. Company seat: Kustlaan 5 in 8300 KNOKKE-HEIST

2.3. Company registration number and VAT number: BE 0428.454.938

2.4. E-mail: webshop@unoknokke.be


Article 3:  General - Applicability

3.1 These general terms and conditions apply to all the company’s offers and to all contracts realized online between the company and the consumer. These terms and conditions are available to the general public and incorporated in the company’s website: www.unoknokke.com. We can send you a written copy at your request.

3.2. These terms and conditions always take prevalence to the other contract party’s terms and conditions.

3.3. Before the online sales contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible by reasonable efforts, the general terms and conditions can be consulted at the company and can be sent to the consumer at his/her request as soon as possible and free of charge before the online sales contract is concluded.

3.4. If the online sales contract is concluded electronically, the text of these general terms and conditions will, in deviation of the previous paragraph and before the online sales contract has been concluded, be made electronically available to the consumer; in such a way that these can easily be saved on a durable medium by the consumer. If this is not possible by reasonable efforts, it will be announced where the general terms and conditions can be consulted electronically before the online sales contract has been concluded and that these will be sent electronically or in any other way at the consumer’s request and free of costs.

3.5. By placing an order, the consumer indicates agreeing with these general terms and conditions. The company reserves the right to change its delivery conditions and payment conditions at any time.


Article 4:  Delivery and Shipment

4.1 Delivery as long as in stock.

4.2. Place of delivery is the address the consumer has communicated to the company.

4.3. The company will carry out accepted orders within 30 days at the most, to be counted from the day following the day on which the consumer has sent his order to the company, unless a longer delivery period has been agreed upon. If the company does not execute the contract in time the consumer has the right to dissolve the contract with the company without judicial intervention and by registered notification, provided that the company has not sent the ordered goods at that time. No form of reimbursement or expenses can be claimed on the consumer pursuant to this dissolution

4.4. In the case of dissolution in accordance with the previous paragraph, the company will reimburse the amount the consumer has paid within a maximum of 30 days after the dissolution.

4.5. The company’s obligation to deliver will have been satisfied as soon as the goods delivered by the company have been offered once to the consumer. In the case of home delivery the shipping company’s report, including the refusal of acceptance, will serve as a full proof of the offer to deliver.

4.6. All periods on the website are indicative. Therefore no rights may be derived thereof.

4.7. The company reserves the right to adjust the shipping rates if necessary. Shipping costs are always clearly specified on your order confirmation and the invoice. Shipping costs are calculated based on our contract with Bpost België. The company’s uno knokke web shop will immediately show the agreed upon price for the chosen destination. The shipping costs do not cover any customs costs, import taxes or other costs charged by the government of the country of destination.

4.8. All other possible additional costs for sending and importing the package will be at the cost and responsibility of the consumer.


Article 5:  Prices

5.1. Prices will not be raised during the course of the offer, unless legal measures make this a necessity or if the producer implements interim price increases.

5.2. All prices on the company’s website are subject to misprints and/or typesetting errors. No liability is accepted for the consequences of misprints and/or typesetting errors.

5.3. All prices on the website are in EUROS and inclusive of Belgian VAT (21%) and exclusive of shipping costs.

5.4. All prices are per item unless stated otherwise.

5.5. If, after a short period of time after an item has been purchased, an already purchased item turns out to be discounted, the customer cannot lay any claims to reimbursement of the price difference.


Article 6: Right of withdrawal and conditions and exercise procedure

6.1. If there is a consumer purchase, in accordance with the Online Sales Act (Article 7:5 Belgian Civil Code), the consumer has the right to inform the seller that he revokes his purchase, without paying a fine and without providing reasons not later than 14 business days from the day that follows the delivery of the item. If the customer has not returned the delivered goods to the company within this period then the sale will have been definitely concluded.  

6.2. During the withdrawal period, the consumer will handle the good and packaging carefully. He/she will unpack the goods only if necessary to be able to assess if he/she wishes to keep the item.  

6.3. The execution of the right of withdrawal by the consumer is only possible in the following way and under the following strict terms and conditions. The consumer may return his/her order not later than 14 business days after the day that follows the delivery of the item. The consumer is also bound to notify webshop@unoknokke.be before proceeding to return the goods.
Returned items will only be accepted when the article is sent back to the company by registered post or delivery against receipt and in “as new” condition with the E-tag with its seal undamaged and closed, in its original packaging (including accessories and associated documentation). The return receipt is deemed proof of date. If the goods have been used by the customer, the E-tag has been damaged or opened, mortgaged or damaged in some way, this right to withdrawal will lapse. Sending back delivered goods is fully at the consumer’s expense and risk.

6.4. Direct costs (such as return costs) are at the consumer’s expense and responsibility.

6.5. The company advises using a courier for sending back the products in order to be able to track and trace the package. The company will not be held responsible for reimbursement of goods that have been lost, stolen or damaged.

6.6. The company will reimburse within 30 days after receipt and acceptance of the return package, provided that all of the above mentioned terms and conditions have been strictly adhered to. The reimbursed amount will at no time be larger than the amount paid by the consumer.

6.7. Items bought during sale cannot be returned.  

 

Article 7: Data management

7.1 If you place an order at www.unoknokke.com your details will be entered into the company’s customer base. The company will not disclose your details to third parties.

7.2. The company respects the website users’ privacy and takes care of a confidential treatment of your personal data.

7.3. The company will at times make use of a mailing list. Each mailing contains instructions to unsubscribe from this list.


Article 8: Offers

8.1. Offers are non-binding, unless stated otherwise in the offer.

8.2. In the case of acceptance of a non-binding offer by consumer/customer, the company reserves the right to revoke or deviate from the offer within a period of 3 business days after receiving that acceptance.

8.3. Oral assurances only bind the company after these have been confirmed expressly and in writing.

8.4. The company’s offers do not apply automatically to repeat orders.

8.5. The company cannot be held to its offer if the customer reasonably should have understood that the offer, or part of it, contained an apparent mistake or typo.

8.6 Additions, changes and/or further agreements apply if agreed upon in writing.


Article 9: Contract

9.1. The contract will be concluded, on condition of the provision in paragraph 9.3., at the moment of acceptance of the offer by the consumer and the compliance with the associated terms and conditions.

9.2. If the consumer has accepted the offer electronically, the company will electronically confirm the receipt of the offer acceptance as soon as possible.

9.3. The company may – within legal boundaries – inform itself if the consumer can fulfil his/her payment obligations and of all facts and factors that matter for responsibly entering into an online sales contract. If, on the grounds of this research, the company has grounds to not enter into the contract, the company is justified to refuse and order or application or attach special terms and conditions to the execution thereof.

9.4. This way the company reserves the right to not accept or only accept orders or applications under the shipment conditions of cash on delivery or payment in advance without providing reasons.


Article 10: Images and specifications

All images; drawings etc.; such as information concerning weights, measures, colours, images of logos, etc. on the www.unoknokke.com website are only approximate, are indicative and cannot lead to damage compensation or dissolution of the contract..


Article 11: Force Majeure

11.1. The company is not responsible if and insofar its commitments cannot be met as a consequence of force majeure.

11.2. Force majeure will be taken to mean any strange cause, as well as any circumstance which cannot reasonably be the responsibility of the company.
Delay or non-performance by the company’s providers, internet disruptions in internet, electricity, email traffic and disruptions of or changes in technology supplied by third parties and/or the company’s producers as well as auxiliaries, illness of employees, defects in tools or transport means count explicitly as force majeure. This is a non-limitative list and is not indicative.

11.3. In the case of force majeure, the company reserves the right to suspend its obligations and is also entitled to (partly) dissolve the contract, or demand that the content of the contract is changed in such a way that execution will remain possible.  In no case will the company be held to pay any fine or damages. The company will make this clear to the consumer within 30 days.

11.4. If, when the force majeure starts, the company has already partly met its obligations or can only meet its obligations partly, it is entitled to invoice the already delivered or the deliverable part separately and the customer is bound to pay this invoice as if it were a separate contact. This does not apply if the already delivered or deliverable part does not have a separate value.   


Article 12: Payment

12.1. Unless otherwise agreed, all amounts payable by the consumer should be paid immediately and integrally at the time of realizing the contract.

12.2. The consumer has the duty to notify the company immediately on inaccuracies in supplied or mentioned payment details.

12.3. In case of the consumer’s non-payment, the company has the right to claim a 10% interest per year and 10% damages on the invoice amount (with a 50 euro minimum) subject to legal constraints.


Article 13: Ownership right

The company remains the full owner of a sold Article until the time that the purchase price has been paid in full.


Article 14: Complaints procedure

14.1. Complaints on the execution of the contract should be submitted to the company, with a complete and detailed description and within a period of 15 days after the consumer has noticed the defects or could have noticed after careful examination of the received goods. The complaint should be made by registered mail or with acknowledgement of receipt. The date of the acknowledgement of receipt counts as evidence of a timely complaint.

14.2. Complaints submitted to the company will be answered within a reasonable period from the date of receipt. If a complaint needs a foreseeable longer processing time, the company will answer within a reasonable period by way of acknowledgement of receipt. If possible, accompanied by an indication when the consumer can expect a more elaborate answer.

14.3. If the complaint cannot be solved in common accord, a dispute will have arises applicable to the dispute settlement.


Article 15: Disputes and applicable law

15.1. All contracts between the company and customer are exclusively governed by Belgian law.

15.2. All disputes arising from contracts between the company and consumer/customer are exclusively governed by the courts in Bruges, situated in Belgium. However, the company may also choose any other court competent according to the law, including the court in the consumer’s domicile.


Article 16: Additional or varying provisions

Additional or varying provisions should be recorded in writing or in such a way that these can be saved by the consumer in an accessible way on a durable medium.


Article 17: Intellectual property

17.1. The website, logos, texts, photos, names and all communication coming from the company in general is protected by intellectual property rights which belong either to the company or our suppliers or other right holders.

17.2. It is expressly prohibited to use and/or make changes to the intellectual property rights as described in this Article. It is expressly prohibited to copy or reproduce drawings, photos, texts, logos, colour combinations, etc. without the company’s prior written authorization.