TERMS & CONDITONS B2C
GENERAL TERMS AND CONDITIONS
Information regarding cancellation of purchase
The Buyer has the right to notify the Seller that it cancels its purchase, without payment of a penalty and without giving a reason, within 14 calendar days from the day following delivery of the Seller’s Products.
1. General
1.1 Blåkläder is a company incorporated under Swedish law, with registered office located in Sweden, S-51223 Svenljunga, Box 124, with annexe located in Belgium – 2800 Mechelen, Wayenborgstraat 27 bus 2 (Zone C), with company number 0448.058.638 (hereinafter ‘Blåkläder Belgium’ or the ‘Seller’).
1.2 This web page, as well as all documents that contain a reference to this web page, sets out the General Terms and Conditions (as defined below) under which each of the Products (as defined below) on the Blåkläder Belgium website (http://www.blaklader.be/en) are offered to the Buyer (as defined below).
1.3 The Buyer can reach the Seller at any time by mail at the postal address B-2800 Mechelen, Wayenborgstraat 27 bus 2 (Zone C) , or at the following e-mail address: info@blaklader.be. The Buyer may also contact the Seller by telephone on +32(0)15 64 10 60 or by fax on +32(0)15 64 10 69.
2. Definitions and applicability of the General Terms and Conditions
2.1 For the purposes of these General Conditions, the following terms shall have the following meanings:
(a) ‘Offer’ means any non-binding proposal of the Seller, published in any way to the Buyer on the Seller’s website, the purpose of which is to conclude an Agreement with the Buyer.
(b) ‘General Terms and Conditions’ means the present general terms and conditions of the Seller, which automatically take precedence over any general terms and conditions that may be invoked by the Buyer.
(c) ‘Order’: any order, in whatever form, placed by the Buyer on the Seller’s website with the aim of purchasing one or more of the Seller’s Products.
(d) ‘Buyer’ means any natural or legal person who places an Order on the Seller’s website and thereby enters into an Agreement with the Seller.
(e) ‘Agreement’ means any agreement between the Seller and the Buyer based on any Order placed by the Buyer on the Seller’s website pursuant to which the Seller is bound to deliver one or more Products.
(f) ‘Products’ means the good or goods, of whatever nature, which the Seller, pursuant to the Contract entered into between the Seller and the Buyer, is obliged to deliver to the Buyer.
(g) ‘Seller’: Blåklader as identified in Article 1.1 of these General Terms and Conditions.
2.2 These Terms and Conditions apply to any Offer made by the Seller to the Buyer, as well as to any Order placed by the Buyer on the Seller’s website, as well as to any Agreement concluded between the Buyer and the Seller thereafter. The placing of any Order by the Buyer irrevocably implies its unconditional consent with these General Terms and Conditions, without prejudice to any legal rights of the Buyer, inter alia in application of the provisions of Article 45 et seq. of Book VI of the Code of Economic Law.
2.3 Before an Agreement is concluded between the Seller and the Buyer, or when the Distance Agreement is concluded electronically, the Seller shall make these General Terms and Conditions available to the Buyer or may make the text of these General Terms and Conditions available to the Buyer by email. If this is not reasonably possible, the Seller shall indicate to the Buyer that these General Terms and Conditions can be consulted on the Seller’s website (www.blaklader.be/en). The Seller may also communicate the General Terms and Conditions to the Buyer by email or otherwise at the Buyer’s first request.
2.4 In case of conflict between any provision(s) in the Order or the Agreement and these General Terms and Conditions, these General Terms and Conditions shall prevail, unless expressly agreed otherwise. The possible nullity of one or more provisions of these General Terms and Conditions shall not affect the applicability of all other provisions of these General Terms and Conditions.
3. Realisation of the Agreement
3.1 The Buyer (who confirms being over 18 years of age and domiciled in Belgium) is fully liable to the Seller for the accuracy of his personal data as well as his payment details when placing any Order on the Seller’s website.
3.2 The Seller may also trust that the data received from the Buyer with regard to the Order, both with regard to the content, colour, form as well as any other specifications related to the Product Order, are the correct data, based on the main data and characteristics of the Seller’s Products reproduced on the Seller’s website, which the Buyer confirms to have had full and adequate knowledge of by placing the Order.
3.3 None of the Offers, price lists or any catalogues on the Seller’s website shall bind the Seller in any way to the Buyer, and are without obligation while stocks last. If an Offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the Offer. Any mistakes or errors in the Offer shall not bind the Seller.
3.4 Drawings, illustrations and other data concerning dimensions, weights, colours, etc. of the Products offered to the Buyer on the Seller’s website are approximate only. Deviations from reality cannot be a reason for compensation and/or dissolution.
3.5 Each Agreement is only concluded after the Seller has accepted the Buyer’s Products Order by email. The electronic confirmation message from the Seller is decisive for the scope of delivery of the Products as well as for the further content of the Agreement.
3.6 The Buyer accepts to receive only an electronic invoice after its Order, without prejudice to its right to request a paper copy within no later than five (5) days after receipt of the electronic invoice.
4. Price and Terms of Payment
4.1 All prices of the Products as indicated on the Seller’s website are inclusive of V.A.T. and any other taxes, but exclusive of delivery, packaging, transport and any other costs, which are always notified to the Buyer prior to any Product Order on the Seller’s website, in accordance with Article VI.45, 5° of the Code of Economic Law.
4.2 Payment for the Products is possible via PayPal, credit card (Visa, MasterCard, American Express) or debit card. The payment of the Products must be made in the manner and within the term indicated in the electronic confirmation message sent by the Seller to the Buyer of the Product Order. If no payment term is indicated in the electronic confirmation message to the Buyer, payment must in any case be made after 30 days following the date on which the Order was placed.
4.3 The Seller reserves the right not to deliver Products until any payment due under any other agreement with the Buyer has been paid (in full), including any late payment interest and liquidated damages as provided below. The Seller shall have the same right of suspension if for any reason it doubts the creditworthiness of the Buyer and/or if it appears that the Buyer is not reasonably (sufficiently) creditworthy, for whatever reason.
4.4 In case of non-payment of the invoice on the due date, the Buyer will be reminded to pay the invoice within 14 calendar days, via letter or email. The period of 14 days starts on the third day after the reminder is sent or one day after it is sent if the reminder is sent electronically. The reminder costs 7.50 euros plus postage.
In the event of non-payment of the invoice after 14 calendar days, the Buyer shall owe interest on arrears equal to the interest referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions. The default interest will start from the calendar day following the day on which the first reminder was sent to the Buyer. In addition, the Buyer will owe a fixed compensation equal to:
- 20 euro if the balance due is less than or equal to 150 euro;
- 30 euro plus 10% of the amount due on the tranche between €150.01 and €500 if the balance due is between €150.01 and €500;
- 65 euro plus 5% of the amount due on the tranche above €500 with a maximum of €2,000 if the balance due is above €500.
Any clause contrary to the provisions of Book XIX of the Code of Economic Law W.E.R. ‘Consumer Debts’ will not result in the nullity of the clause but will be interpreted according to the provisions of the said Book XIX.
5. Delivery of Products
5.1 The execution and/or delivery periods for Products stated by the Seller in the electronic confirmation of the Order are purely indicative. The exceeding of the foreseen execution or delivery time may under no circumstances entail the termination of the Agreement. However, any delay in execution or delivery of which the Seller would become aware shall be notified to the Buyer as soon as possible. Changes in orders shall automatically result in the lapse of the presumed execution or delivery deadlines.
5.2 Delivery of the Products shall be made by shipment from the Seller’s registered office to the place of delivery indicated by the Buyer in the Order, without prejudice to the provisions regarding transfer of risk as stipulated in Article 7 of these General Terms and Conditions.
5.3 The Buyer must in general ensure that all necessary precautions have been taken at the place of delivery and that all conditions are met so that the delivery of the Products can proceed in good conditions. Any damage caused because this is not the case remains the sole responsibility of the Buyer.
5.4 The Buyer shall immediately inspect the Products upon delivery and shall notify the Seller in writing of any visible defects without delay and at the latest within 14 days of delivery and shall submit to the Seller the supporting documents of such defects, whereupon the Seller shall examine the Buyer’s supporting documents in accordance with its internal procedure and inform the Buyer without delay of the further handling procedure. Any visible defects not reported to the Seller in writing within the above-mentioned period shall be deemed accepted by the Buyer.
6. Right of withdrawal
6.1 The Buyer has the right to notify the Seller that he renounces his purchase, without payment of a penalty and without giving a reason, within 14 calendar days from the day following the delivery of the Products.
6.2 If the Buyer wishes to exercise his right of withdrawal to abandon his purchase, he must notify the Seller in writing within 14 calendar days of delivery of the Products by post at the postal address ‘Blakläder Belgium, B-2800 Mechelen, Wayenborgstraat 27 bus 2 (Zone C)’, or by email at the email address ‘info@blaklader.be’ or by fax at the fax number +32(0)15 64 10 69. The Buyer may also, but is not obliged to, use the attached model withdrawal form as included in article 6.6 of these General Terms and Conditions. To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6.3 If the Buyer revokes the Agreement, it shall receive back from the Seller all payments made by it up to that point, including delivery costs, without delay and in any event no later than 14 days after the Seller has been notified of its decision to revoke the Agreement.
6.4 The Buyer must then return or hand over the Products to the Seller without delay and in any event no later than 14 days after the day on which the withdrawal from the Agreement was notified.
6.5 Only Products which are in their original, unopened and undamaged packaging, together with all accessories, inserts and invoice or proof of purchase will be taken back. Used Products or Products whose packaging (or part thereof) has been opened will not be taken back under any circumstances.
6.6 Model withdrawal form
- To Blåkläder Belgium, B-2800 Mechelen, Wayenborgstraat 27 bus 2 (Zone C)", by e-mail: ‘info@blaklader.be’, by fax +32 (0)15 64 10 69
- I/We (*) hereby give notice that I/We (*) withdraw/rescind (*) our contract of sale of the following goods (*)/provision of the following service (*): (...)
- Ordered on (*)/Received on (*): ________________________________________________________________________
- Name(s) of consumer(s): ________________________________________________________________________________
- Address consumer(s): ___________________________________________________________________________________
- Date: _______________________________________________________________________________________________________
- Signature of consumer(s) (only if this form is submitted on paper) _____________________________________________________________________________________________________________
(*) Delete what does not apply.
7. Risk
7.1 Products are shipped to the Buyer at the Seller’s risk, unless the transport is insured by a carrier appointed by the Buyer. All risks associated with the Products will pass to the Buyer upon delivery of the Products to the Buyer.
7.2 If the Products cannot leave the Seller’s premises due to any reason attributable to the Buyer, risk will pass to the Buyer on the date that delivery should have been made to the Buyer.
7.3 Once risk has passed to the Buyer, the Seller shall under no circumstances be held liable in any way in the event of loss or destruction of the Products.
8. Retention of title
The Products remain the property of the Seller until they have been paid for in full. If, for any reason whatsoever, the Buyer owes the Seller any late-payment interest and/or liquidated damages, ownership of the Products shall only be transferred once such late-payment interest and/or liquidated damages have been paid in full by the Buyer. In case of non-payment, the Buyer shall immediately return the Products to the Seller in good condition upon the Seller’s first request.
9. Liability
9.1 Without prejudice to statutory warranties for conformity of Products, the Seller shall not be liable for any defects in the Products caused by abnormal or unsuitable conditions of storage or use or any act, omission or fault of the Buyer or any third party.
9.2 This Agreement involves resource commitments on the part of the Seller. The total liability of the Seller to the Buyer is limited to the price (excluding VAT) of the Products that gave rise to the damage, as charged to the Dealer. In addition, the Seller shall never be liable for indirect damage. This double limitation of liability does not apply to intent or fraud. The Buyer waives all non-contractual claims against the Seller and its auxiliaries, except:
- in case of fraud;
- in case of an impairment of physical or psychological integrity or of an error committed with the intent to cause damage.
9.3 The Seller shall not be liable for differences in colour, shape, weight of the Products from their description on its website. Furthermore, the Seller will not be liable for deviations in the structure or matter of the Products. Furthermore, the Seller shall not be liable for defects in the Products resulting from improper maintenance and/or use of the Products by the Purchaser.
10. Force Majeure
The Seller is not liable towards the Buyer for any loss or damage which would be suffered by the Buyer and which is directly or indirectly the result of the fact that the execution of the Agreement is prevented, impeded, delayed, withdrawn or made economically unfeasible due to circumstances or events over which the Seller reasonably has no control, including but not limited to electronic intrusion in any form, strike, lock-out, labour disputes, breakdown of installations or machines, flooding, drought, extreme weather conditions, mechanical defects, third-party software, difficulty or increased cost in obtaining workers, materials or transport, strikes or delays at a supplier of the Seller or refusal to deliver by a supplier of the Seller, malfunctions or problems with public utilities (including failure of electricity, telecommunications or internet), regardless of whether these circumstances in question could have been foreseen or prevented by the Seller.
11. Termination
11.1 Each party has the right to terminate the Agreement by registered letter with immediate effect and by operation of law if the other party seriously fails to comply with one or more of the obligations of the Agreement or these General Terms and Conditions, or if any amounts owed by the Buyer in connection with this or previous orders are not fully paid, and this without prejudice to any other rights of that party including its right to claim damages.
11.2 If a party finds itself in a situation of any form of judicial or extrajudicial suspension of payment, such as but not limited to collective debt settlement, the other party has the right to terminate the Agreement with immediate effect or to demand full prior payment or other guarantees from the other party for the delivery.
12. Protection of personal data
For the provisions applicable to the protection of personal data, reference is made to the Seller’s policy regarding the protection of personal data and privacy of the Buyer, which forms an integral part of these General Terms and Conditions.
13. Intellectual property rights
The Seller is and remains the sole owner of all intellectual property rights as well as of the know-how of the Products and their production process. The distribution of information relating to the intellectual property rights of the Products or their production process under no circumstances entails the transfer of any right of the Seller to the Buyer, and no licence nor any other right regarding the intellectual property right is deemed to have been established or granted. The Seller reserves the right to claim damages from the Buyer for any violation of this provision and/or infringement of its intellectual property rights, without prejudice to all other rights that the Seller may assert in this respect against the Buyer.
14. Final Provisions
14.1 Communication between the Seller and the Buyer may take place electronically unless the law provides otherwise.
14.2 No failure or negligence by either party to enforce or comply with the provisions or conditions of the Agreement or these General Terms and Conditions shall be deemed a waiver of such provisions or conditions or of these General Terms and Conditions.
14.3 The Agreement shall be governed exclusively by and interpreted in accordance with Belgian law. Only the courts of the judicial district of Antwerp, division Mechelen, shall have jurisdiction to hear any dispute between the Seller and the Buyer.
14.4 If any provision of the Agreement or part of such provision is declared invalid, this shall not affect the remaining provisions of the Agreement or the remaining part of that provision. In such case, both parties shall replace the invalidated provision(s), or parts thereof, with a new provision(s) that most closely reflects the original intention of the parties and of the Agreement.
14.5 None of the provisions in these General Terms and Conditions or in any Agreement may result in the creation of a partnership, agency or employer-employee relationship between the Buyer and the Seller, or be regarded as such.
14.6 No person who is not a party to these General Terms and Conditions or to any Agreement between the Buyer and the Seller may obtain rights or claim any provision in these General Terms and Conditions, even if that person relies on such provision or has indicated to either party that they agree with any provision in these General Terms and Conditions or any Agreement entered into between the Buyer and the Seller.