General Conditions | Belomax.be

Terms and Conditions Homeshop BVBA


1. Definitions


Vendor

Homeshop BVBA
Belseledorp 13
9111 Belsele
Belgium
Tel: +32 3 336 31 60
Fax: +32 3 298 35 77
Mail: [email protected]

The trade name "belomax" is represented by Homeshop BVBA, having its registered office at the following address: Belseledorp 13, 9111 Belsele, Belgium. Homeshop BVBA is registered in the Crossroads Bank of Enterprises (national company register) under the number 0821.400.552.


Product

The commodity or service that you purchased from homeshop BVBA, regardless of whether it concerns one or more articles.


Website

The website on which you ordered the product.


Order

A purchase that the customer makes of one or more products on the website, confirming it in his shopping cart.


Customer, You or Your

Any natural or legal person who/that purchased an article on the website


Consumer

A natural person who orders an item on the website that is not intended for professional use.


Professional

Any customer who is not a consumer.


2. Relationship between the two parties


2.1 Contractual relationship


The contractual relationship between the parties is determined exclusively by:


- The order confirmation that you receive after placing an order on the website.
- The seller's Legal Mentions
- The Privacy Statement of the seller
- These general conditions


When the customer places an order on the website, he is deemed to automatically agree to the General Terms and Conditions. By agreeing to these General Terms and Conditions, the customer automatically agrees to the Legal Mentions and the Privacy Statement.


In addition to these General Terms and Conditions, certain conditions may apply to, for example, promotions. In that case, the special conditions that are specifically mentioned with the product take precedence.


The seller may at any time amend these General Terms and Conditions. As a customer, you must read the General Terms and Conditions each time you place a new order. The conditions published at the time of the order apply to the purchase.


2.2 Capacity of the customer


There are certain provisions that only apply to certain parties. When reference is made to 'Consumers', these General Terms and Conditions apply only to Consumers and not to professionals. If reference is made to 'Professionals' then these Terms and Conditions apply only to professionals. Where reference is made to 'The Customer / Customers', these provisions apply to both consumers and professionals.


3. Right of withdrawal


3.1 General right of withdrawal


If he is not satisfied with it, The customer can return the product
within 14 days after receiving the ordered product.


The products must still be new in the packaging. There should be no traces of use, and the screws or assembly materials should still be new in the unopened packaging.


In addition, the original marking (stickers, labels, etc...) must still be present on the original packaging.


Manuals, power cords, packing materials, etc... should also be included in the package.


If these points are adhered to and the purchased product does not belong to the categories listed in art. 3.2 then a refund can be requested.


Returns are always at the expense of the customer. A quote for transport costs can be requested from belomax customer service at
"[email protected] at any time.


After receipt and verification of the returned goods in the warehouse of Belomax, the customer will receive a request to provide his account number.


If the return is approved by the competent department at Belomax, the refund will be paid into the bank account number the customer provided within 15 days of receipt of the return at the warehouse.


Returns are organized in the following way:


1      The customer must inform the customer service of Homeshop BVBA at
[email protected] within 14 days of receiving his order that he is not satisfied with the product.

2      An employee at Belomax will then contact the customer by mail to inform him or her on the return procedure. At the customer’s request Belomax can also provide a price offer for the return costs of the product.

3)      The customer can then return the product at his own expense to the warehouse of Belomax, Belseledorp 13, B-9111 Belsele.

4)      On its arrival at the warehouse of Belomax, the product will be checked for signs of use and all other points mentioned in art. 3.1.

5)      When the product is like new and still in its original packaging, the return will be approved.

6)      The amount paid for the product will be refunded into the bank account number provided.


In the event of a refund, the original transport costs paid will not be refunded. If no transport costs were paid at the time of the order, a fixed transport cost of 25 euros will be deducted.


3.2 Products not eligible for return


- Products which by their nature are liable to expire or to deteriorate rapidly
- Audio and video recordings
- Software or computer games (incl. Playstation, Xbox, Nintendo games)
- Newspapers, journals and magazines
- Betting and gaming services


4. Offers


All offers on the website are valid while supplies last. If, after the order has been placed, it appears that a product listed in the offer is no longer available, the seller shall have a right to cancel the order. The seller cannot be held liable for such an unavailability and no damages can be claimed.


Personalised offers made to a specific customer have a standard validity of 14 days.


5. Prices and payment


The prices mentioned on the website are always including VAT, unless otherwise specifically mentioned on the website.


Transport costs are 5.99 euros for orders under 100 euros. Above 100 euros, transport costs are free.


The orders on our website can be paid using the following payment methods:


- Payment on delivery (cash only)
- PayPal
- Mastercard
- VISA
- Online Bancontact/Mister Cash


For some products a specific customer may be allowed deferred payment.


The payment must then be made into the bank account of Homeshop BVBA within 8 days after receipt of the goods, the customer being a consumer.


The payment must then be made into the bank account of Homeshop BVBA within 30 days after receipt of the goods, the customer being a professional.


Deferred payments must always be requested to Homeshop BVBA in advance. Only after prior approval of a deferred payment, payment may be done at a later time. If there is no prior deferred payment agreement or it is not mentioned on the invoice, direct payment on delivery or in advance is applicable.


Any delay in payment will give rise, after a first notice of default, to charging a late payment interest amounting to 8.5% per year. In addition to this late payment interest, an extra fixed compensation of 12% of the principal amount owed will be claimed. In case of late payment, the seller may at any time suspend further deliveries and dissolve the agreement with immediate effect.


Unless proven otherwise, computer records, logs and mail traffic constitute evidence of all transactions between the vendor and the customer. Providing us your debit or credit card number or your confirmation that you will pay on delivery or in advance by bank transfer shall constitute evidence of your agreement to your order and your agreement to these General Terms and Conditions. This approval also counts as a signature.



Homeshop BVBA can in no way be held liable for price errors on the website. It can occur that a price is wrongly indicated on the website due to human error or system failure. Homeshop BVBA will then contact the customer within 15 working days to cancel the order or to have the correct price applied.


Homeshop cannot be held liable for typing errors in the prices or product descriptions.


6. Delivery and risk transfer


6.1 Time of delivery


All orders placed on our website will be delivered as soon as possible. Next to most products an indicative delivery date is mentioned.  This time of delivery shall commence on the working day following receipt of the order.


If no delivery time is indicated, we apply a maximum delivery time of 30 working days.


If the delivery time exceeds 10 working days then an employee of Homeshop BVBA will inform the customer.


Subsequently the customer will have the choice to abandon the order and cancel it or to still await the delivery of his order.


If the customer prefers a refund, the amount paid including any transport costs will be refunded into the bank account provided.


The customer may at no time claim compensation for late delivery and the consequences thereof.


6.2 Place of delivery


The delivery will be made to the address given during the confirmation of your order. If the address was not correctly communicated, it can still be changed within 24h after confirmation of the order.


If this period has expired and the product has already been dispatched, additional costs may be charged to the customer for passing on a new address to the delivery service.


The delivery of the product always takes place on the ground floor. This is because the insurance contracts have only been concluded for this type of delivery.


The driver will announce the delivery one day in advance in case of large products. Small products will be delivered by DPD.


Method Type 1: Delivery by DPD

Small parcels under 30 kg are shipped with DPD. This way of shipping allows us to deliver your order quickly to your home. Below we list some of the questions that apply to this shipping method:

Will I be kept informed of the delivery time?

DPD will always inform you beforehand about the day of delivery of your package. Is that day not convenient? No problem, you can change your delivery:

-          Pick up in a Pickup Parcel Shop near you

-          Delivery on another day

-          Delivery to a different address

-          Place in a safe location

On the day of delivery you will be informed by e-mail or text message about the 1 hour timeframe in which your package will arrive.

What if I am not home at the time of delivery?

No problem. Your package will be delivered to a Pickup Parcel Shop near you. This way you will have your package in your possession as soon as possible and you decide when you will pick it up.

The DPD driver will leave a message in your mailbox with the address of the Pickup Parcel Shop and the time from when you can pick up the parcel. DPD will also send you an e-mail message when the parcel has arrived at the Pickup Parcel Shop.

Please take your proof of identity with you when you go to pick up your package. You get 7 days to pick it up, thereafter it is sent back to the sender.

On www.dpd.be you can check the status of your package and find more information about our Pickup Parcel Shops (locations, opening hours...).

Can I track my package?

Yes, on
www.dpd.be you can check the status of your package. All you need is the 14-digit package number.

What is a Pickup Parcel Shop?

A Pickup Parcel Shop is a location for sending and picking up packages. When you choose to have your order delivered to a Pickup Parcel Shop, you will be able to pick up your parcel when it suits you thanks to the flexible opening hours. All Pickup Parcel Shops are open at least from Tuesday to Saturday. With 1,500 Pickup Parcel Shops in the Benelux, we are always nearby. Find your nearest Pickup Parcel Shop.(http://www.dpd.com/be/home/pickup/pickup_parcelshop_finder).

Where can I find a Pickup Parcel Shop?

Click here and find your nearest Pickup Parcel Shop (http://www.dpd.com/be/home/pickup/pickup_parcelshop_finder).

How can I return a package?

You can always return your package under 30 kilos to us via DPD. If you want to return a package to us, please request a return label via "[email protected] and then follow these steps:

Take your package to the nearest DPD Parcel Shop. Please stick the attached label onto the box and drop it off at the Pickup parcel Shop.

A We kindly ask you to pack your parcel as well as possible.              

B Make sure you stick the label firmly onto the box.

C Have the Pickup Parcel Shop stamp and sign a receipt and keep it as a

shipping receipt.

D Find your Pickup Parcel Shop at www.dpd.be/pickupfinder.


Method Type 2: Delivery Special Transportation (Large Objects)


For deliveries of a larger product such as a trampoline or table-tennis table, we will use our own transport service or an external transporter.

We will always contact you the day before the delivery day, or even a few days in advance, to inform you that will make a delivery to you on the next working day c.q. in a few working days. This way you do not have to wait at home for your parcel to arrive and you will have an approximate indication of the delivery day and time.

Attention: If you are not at home at the time of the first delivery after the delivery has been confirmed by phone or mail, additional transportation costs may be charged. In case of a second delivery, additional transport costs will be charged to the customer.


If the order cannot be delivered and the product is returned, the customer will also be charged for the originally paid transport costs and the return costs.


If the customer has already paid in advance, the Seller will refund the amount paid minus the transport and possible return costs. If payment has not been made in advance, the customer will receive an invoice for the transport and return costs incurred.

Attention: deliveries of large objects are only possible on the ground floor and the customer may be asked to help with unloading.


6.3 Retention of title


The Seller retains full ownership of the Products until all your obligations have been fulfilled. In the absence of payment of the price, interest or additional costs incurred, the products remain the property of the seller. There will be no transfer of ownership until all payments have been made. Therefore, the customer is not allowed to dispose of the product if these listed conditions are not met.


6.4 Transfer of risk


The transfer of risk takes place at the moment of delivery as mentioned in article 6.1 if the consumer is a consumer.


In the case of a professional customer, the transfer of risk takes place when the goods are dispatched from the vendor's warehouse.


Upon delivery, it is important to inspect the goods for damage. If the package shows any damage, this should be clearly stated on the delivery note. If no mention of damage is made on the delivery note, no compensation can be claimed from the seller or transporter. In that case, the goods concerned cannot be returned or refunded.


7. Liability


The seller's liability cannot be invoked in cases of force majeure. The Customer will not be able to claim compensation for damage in the event of e.g. national or local emergencies, actions by employees, bugs in software or in the event of e.g. late delivery by suppliers to the Seller.


All products mentioned on the website are in accordance with the Belgian and Dutch legislation. The customer is therefore expected to know all the advantages and disadvantages of a product by reading the product description and the General Terms and Conditions.


As a result, the seller cannot be held liable nor can any compensation from the seller be claimed for loss of use, loss of profit, loss of data, loss of personal data, loss of time, emotional damage, loss of opportunity or loss of enjoyment.


If the seller is held liable for a reason other than the above, the seller's liability in any case shall not exceed an amount equal to the acquisition value of the product purchased, with a maximum of 1.250 euros.


8. Guarantee


8.1 Guarantee for consumer goods


The consumer always benefits from the legal guarantee of 2 years on movable physical goods. This period begins to run from the time the product is delivered or collected. This date is also mentioned on the invoice.


For second-hand goods and warehouse clearances, a limited function warranty applies during a period of 1 year.


If a defect arises, the customer must report this to the seller within 2 months of its discovery. Otherwise, the legal guarantee period will have expired.


All products showing a defect during the warranty period must be returned to Belomax, Belseledorp 13, B-9111 Belsele at the customer's expense.


Upon receipt of the product, it will be reviewed by the manufacturer within the timeframe specified by the manufacturer of the product. This can sometimes take some time.


If the product can no longer be repaired or replaced, a partial or full refund will be made in the form of a voucher.


The warranty does not apply if proof can be delivered that the product is defective or damaged due to improper use, or because the product has not been treated with due care.


8.2 Warranty


If there are any hidden defects, they must be reported to the seller by the consumer within 14 days.

 

Professionals cannot invoke the presence of a hidden defect.


8.3 Costs of research or repairs


Even when the guarantee period has expired, products can often still be repaired. If the customer wishes to have his product repaired or wants to start an investigation to establish the problem, this can be done at his own expense.


9. Archiving


The seller undertakes to keep the relevant accounts or invoices for the legally required period.


10. Default


If the customer does not comply with his payment obligations as already mentioned in article 5, the following compensations and default interests will be applicable.


Any delay in payment will give rise, after a first notice of default, to charging a late payment interest amounting to 8.5% per year. In addition to this late payment interest, an extra fixed compensation of 12% of the principal amount owed will be claimed. In case of late payment, the seller may at any time suspend further deliveries and dissolve the agreement with immediate effect.


11. No Waiver and Nullity


Should the Vendor decide at any time not to make use of these General Terms and Conditions or any of the clauses, this shall not constitute a definitive waiver of these General Terms and Conditions or of any of the clauses.


If certain clauses or articles are declared null and void, the others will continue to apply. This cannot lead to invalidity or nullity of these General Terms and Conditions.


12. Disputes, competent court and applicable law


All actions, contracts and agreements are exclusively governed by Belgian law.


Should any disputes arise, then the court in Dendermonde is competent to take cognizance of all possible disputes between the seller and the customer.


13. Intellectual content


The content of the websites operated by homeshop BVBA are the sole property of Homeshop BVBA. This means that all texts, photos and descriptions are the property of Homeshop BVBA. Unlawful use of this data may lead to a dispute.