- In these Terms and Conditions the “Seller” is Pedaleur de Flandres. and the ‘Purchaser’ is any natural or legal person who has or will be placed in a contractual relationship of any kind with the seller. The “Consumer Purchaser ‘ is any natural or legal person who acquires or uses marketed products or services for non-professional purposes. ‘Products’ are the subject of one or more agreements. “Site (s)” the following websites (together or separately), which are managed by the salesman: www.pedaleurdeflandres.be These Terms and Conditions apply to all offers of the seller, and all agreements entered into with the seller.
- In addition to these Terms and Conditions may, where extra indicated, additional conditions apply to certain services and / or products. If there are differences between the Additional Terms and Conditions, then in principle the provisions of the Additional Terms go above the General Conditions, unless otherwise specified.
- One or more provisions of these Terms and Conditions may be waived only if agreed in writing. The remaining provisions of these Terms remain in that event in full force.
- Conditions used by the Purchaser shall not apply unless by Seller has agreed in writing.
- The seller reserves the right to change the Terms and Conditions at any time and / or supplement for future orders.
- By using the Websites of the seller and / or placing an order the purchaser accepts these Terms and any other rights and obligations as stated on the Website.
- The seller is entitled to rely on third parties for the execution of an agreement with the Purchaser.
2. Offers and formation of agreements
- Offers are valid while stocks last.
- A personalized quote is valid for two (2) weeks, unless another period is stated in the tender.
- An agreement is concluded at the time an order confirmation is submitted to the purchaser or, in case the offer was made through the Website, sent by email to the email address specified by the purchaser.
- Purchaser and seller agree that by using electronic forms of communication, they can come to a valid agreement. In particular, the lack of a signature does not affect the binding force of the offer and its acceptance. The electronic files of the vendor count, as far as the law allows, as a presumption of evidence.
- Information, images, oral communications, statements etc. relating to all offers and the main characteristics of the products, are provided by phone or email as accurately as possible.
- All prices are expressed in Euros and include VAT, Recupel, BEBAT and Reprobel.
- Special offers are only valid while supplies last.
- The purchaser pays the price that the seller has confirmed in accordance with Article 2.3 of these conditions. Obvious (manipulation) mistakes in the price, such as obvious inaccuracies, can even after the completion of the agreement be corrected by the seller.
- Delivery costs are clearly communicated to the purchaser. With respect to certain payment methods additional conditions apply relating to the delivery method and the possible costs. This is clearly communicated to the Purchaser.
Orders can be paid in the following ways using the Website:
- Bank Transfer
- Credit card (Visa, Mastercard)
- BanContact / mister cash
Orders can be paid in the following ways at the shop (showroom):
- Credit card (VISA, Mastercard)
The seller may extend the payment options in the future. Other payment options will be made known through the Website.
- To ensure secure online payment and security of your personal information, transaction data is sent encrypted with SSL technology over the Internet. To pay with SSL does not require any special software. You can recognize a secure SSL connection to the “lock” in the bottom status bar of your browser.
- If the seller has agreed to a payment term, the payment is due by the end of this period. By non-payment the Purchaser is in default. Payment terms can only be agreed on by writing the terms and agreed conditions.
- If a payment by credit card is chosen then the terms & conditions of the card issuer shall apply. The seller is not a party in the relationship between the Purchaser and the card issuer.
- In case of non payment or late payment by the Purchaser, the Purchaser has to pay interest at the statutory rate on the outstanding amount, calculated from the date on which the payment should have been received until the date of payment.
- All the (extra) judicial costs of any nature whatsoever made by the Seller as a result of the breach by the Purchaser of its (payment) obligations, have to be paid by the Purchaser.
- In the event of late payment the seller is entitled to terminate the agreement with immediate effect or (further) supply up to the moment when the Purchaser has fully complied with the payment of interest and costs.
5. Delivery and delivery time
- Orders will be delivered as soon as possible. In principle, the seller strives to ship orders the same day before 14.00 pm on a working day. Unless otherwise agreed, the deadline is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, noting that the final delivery date is 30 days after receipt of payment. The set delivery date is only an indication, therefore no rights can be derived.
- If a product that is temporarily out of stock is ordered by the Purchaser, he will be notified when the product becomes available. The seller strives to report delays by phone or email within one business day to the Purchaser.
- Deliveries take place at the Purchaser address provided at the conclusion of the agreement.
- Once the deliverables have been delivered to the specified delivery address, the risk, as regards these products, transfer to the Purchaser.
- For deliveries abroad conditions may apply.
- If delivery is made in different shipments (for example, when only some but not all products ordered are in stock), then the seller has the right to consider every delivery as a separate transaction.
- The purchaser is obliged to accept the purchased goods within the agreed period. Failing this, the seller is entitled to demand payment of the purchase price of the part not taken, or to consider the agreement dissolved without judicial intervention (subject to refund to the Purchaser of any advances already paid for the product in question).
6. Defects and Complaint Deadline
- The purchaser is obliged to carefully inspect the goods immediately upon receipt. Complaints of the Purchaser, relating to the product defects or supply, which are externally visible, should be notifed in writing by the Purchaser within fourteen (14) days after delivery (or within fourteen (14) days after the invoice date if the products are not delivered to the Purchaser but at a third party.
- The purchaser, other than Consumer Purchaser is not entitled to return the products, with no substantiated complaints. If the product are returned without valid reasons, then all costs related to return, are at the expense of the Purchaser. The seller is then free to store the goods at the expense and risk of the Purchaser and return them at the request and expense of the Purchaser.
7. Right of withdrawal and exchange
- The Consumer Purchaser can according to the Belgian Law on Market Practices and Consumer Protection of April 6, 2010 (hereinafter W.M.P.C.) exercise the right to return within fourteen (14) days after delivery of the product without penalty and without giving reasons for the renunciation. This renunciation excludes software, CD-ROMs or other similar products whose seal (seal) is broken or software for which a binding product registration is completed. There is no right of withdrawal if the product and packaging areno longer in their original, complete, undamaged and unused condition. However, the right of cancellation is not lost when the product is used as a one-touch test, or if the packaging has been opened, to the extent that it was necessary to test the product. All sent documentation, guarantees and packaging materials should be attached to the return. The return must be made via the same route as the delivery or by delivery in the showroom. If the Consumer Purchaser exercises his right of withdrawal, the Consumer Purchaser is obliged to notify the seller within fourteen (14) days after delivery by the seller. The product then needs to be returned in the state in which the Consumer Purchaser has received the product. The Consumer Purchaser should state his bank account information with the return.
- If the Consumer Purchaser of withdrawal as mentioned in the previous paragraph is being used, then the Seller will refund the Consumer Purchaser within ten (10) day via a bank transfer to the account provided by Consumer Purchaser.
- The seller is not liable for any damage, theft or loss included- that occurs when returning the package or the product.
- Pursuant to Article 47, § 4, 2 ° W.M.P.C. The Consumer Purchaser can not exercise any right of cancellation to contracts for the supply of products manufactured according to the specifications of the Consumer Purchaser or products with a clearly personal character or which can not be returned due to their nature or the fact they may deteriorate or expire rapidly.
- If the product is not received then the purchase amount is not refundable under the terms of withdrawal. The product remains the property of the Purchaser which is required to pick up his property within two weeks. At the request of the Purchaser, the product can be delivered as well.
- Every product that is original, complete, undamaged and in unused condition and the packaging is unopened and undamaged, can be exchanged in the showroom of the seller within a period of thirty (30) days, upon presentation of the original sales receipt .
8. Retention of title
- Ownership of a product, notwithstanding the actual delivery, passes on to the purchaser, after the due amount is paid in full for this product, including payment of interest and costs
- The Purchaser may products before ownership is transferred, not encumber, sell, resell, transfer or otherwise encumber the products
9. Warranty and liability
- In principle the guarantee is as established by the manufacturer of the product. If the delivered item does not meet the agreement, the Purchaser shall, within two months after the discovery, notify the seller. The Consumer Purchasers have the rights as set out in Articles 1649bis until 1649octies contained in the Civil Code.
- If the seller for whatever reason, is obliged to pay any damages to a Purchaser who is not a Consumer Purchaser than that compensation will never exceed an amount equal to the invoice value of the product or service which caused the damage .
- Without prejudice, there can be no guarantee claim in the following cases:
- if the wear can be regarded as normal
- if changes are made to the product, including repairs not authorised by the seller or the manufacturer are carried out
- If the original invoice can not be produced, changed or made illegible
- If defects are the result of use that’s not corresponding with the normal use of the product;
- If damage is caused by intent, gross negligence or improper maintenance.
10. Force majeure
- In the event of force majeure, the seller is not obliged to fulfil their obligations to the other party. The seller is entitled to suspend its obligations for the duration of the force majeure.
- Force majeure includes any circumstance beyond the sellers control, that prevent the seller from fulfilling its obligations fully or partially to the other party. Those circumstances include strikes, fires, business failures, power failures, failures in (telecommunications) networks or connections or communication systems used and / or the non availability of the Website at any time, non or late delivery by suppliers or other third parties and the absence of any through obtaining government authorization.
11. Intellectual property
- Purchaser acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and / or the Website are owned by the Seller, its suppliers or other claimants.
- Intellectual property includes patents, copyrights, trademarks, design rights and / or other (intellectual property) rights, including whether or not patentable technical and / or commercial know-how, methods and concepts.
- The Purchaser is forbidden to use to make and / or changes in the intellectual property rights as described in this article, for example reproduction without the prior written consent of Seller, its suppliers or other claimants unless this is to private use of the product itself.
12. Personal data
- The seller will only process the data of the Purchaser in accordance with its Privacy Statement.
- The seller will consider the applicable laws and regulations.
13. Governing Law and Jurisdiction
- All offers and agreements are subject to Belgian law, excluding the principles of conflicts of law in space.
- The applicability of the Vienna Sales Convention is excluded.
- All disputes relating to or arising from offers made by The Seller, or agreements concluded with it, shall be submitted to the appropriate court in Ghent, unless a mandatory statutory provision expressly designates another court as qualified.
14. Miscellaneous Provisions
- The registered office and showroom of Feu des Fleurs / Pedaleur de Flandres BVBA is located at Nederkouter 65, 9000 Ghent with VAT number 0674 745 658. Please send all correspondence concerning an order or these conditions to the seller at the mentioned address or to the e-mail address hello @feudesfleurs.com. The seller shall endeavor to reply to all incoming e-mails within twentyfour hours. If complaints are reported to the seller, the Consumer/Purchaser shall in any case be informed within five (5) business days over the date by which he will receive a proposal for the resolution of the dispute.
- If any provision of these Terms is unlawful, void or for any reason unenforceable then that condition will be deemed to be separated from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Purchaser and Seller with respect to the subject matter herein.