GENERAL TERMS AND CONDITIONS
Home Made Stories BVBA
Tel.: +32 479 94 40 02
Company Reg. No.: BE0668707805
ART. 1: GENERAL TERMS AND CONDITIONS
The e-commerce website of the private limited company Home Made Stories BVBA, whose registered address is located at Kattendijkdok-Oostkaai 8, 2000 ANTWERP, Belgium, company reg. no. BE0668707805, offers its customers the opportunity to purchase its products on-line from its website.
These General Terms and Conditions (‘Terms and Conditions’) shall apply to any order placed by a visitor to this e-commerce website (‘Customer’). Placing an order with the on-line shop of Home Made Stories BVBA entails that the Customer has read and expressly accepts these Terms and Conditions, to the exclusion of all other terms and conditions. Any additional terms and conditions of the Customer shall be excluded, except subject to prior express acceptance in writing by Home Made Stories BVBA.
ART. 2: PRICING
All the prices are stated in EURO, always including VAT and any other compulsory duties or taxes to be paid by the Customer. If delivery, booking or administrative charges apply, this shall be mentioned separately.
The price stated shall only refer to the items described in writing. The associated photographs are purely for decorative purposes and may include elements that are not included in the price.
ART. 3: QUOTATION
Despite the fact that the on-line catalogue and the e-commerce website have been compiled with the utmost accuracy, it is nevertheless possible that the information provided may be incomplete, contains material errors, or is not up-to-date. Any omissions or errors present in the quotation shall not be binding upon Home Made Stories BVBA. In as far as accuracy and completeness are concerned, Home Made Stories BVBA shall only be bound to an obligation of means. Home Made Stories BVBA cannot not under any circumstances be held liable in the event of material errors, typographical or printing errors.
If the Customer has any specific questions with regard to sizes, colour, availability, date or method of delivery, we kindly request that the Customer contact our customer service beforehand.
The quotation shall remain valid subject to availability, and may be amended or withdrawn at any time by Home Made Stories BVBA. Home Made Stories BVBA cannot be held liable for the unavailability of a product.
ART. 4: ON-LINE PURCHASING
You can make on-line purchases from our website by using the shopping basket. As soon as we have received your order and payment, you will receive a confirmation e-mail. The Customer may use any of the following payment methods:
- Bank transfer onto the Home Made Stories BVBA account no. BE91 1030 4767 6376, BIC/Swift code NICABEBB.
The products offered via this e-commerce website constitute a product range that shall be subject to acceptance by Home Made Stories BVBA.
Home Made Stories BVBA shall be entitled to refuse (in writing) an order, if the Customer has committed a serious breach with regard to the order or any other order or agreement in which the Customer is involved.
ART. 5: DELIVERY AND PERFORMANCE OF THE AGREEMENT
Our on-line shop clearly states which products are in stock and can be delivered within 3 calendar days. The anticipated delivery date for any products that are not held in stock shall always be stated. The delivery costs shall be calculated based on the order in your ‘shopping basket’, depending on weight and volume.
All consignments shall be delivered to the front door. If the Customer wishes goods to be delivered to an upper floor of a building and/or installation services, we can arrange this with our delivery company subject to a surcharge. Products ordered via this on-line shop can be delivered to Belgium, Netherlands, Luxembourg, Germany, France and U.K.
The risk for loss or damage shall transfer to the Customer as soon as the latter (or a third party appointed by the Customer, and not the delivery company) physically takes delivery. It is therefore in the interest of the Customer to immediately upon delivery inspect the items purchased in the presence of the despatcher. Visible damage to the packaging and/or incomplete delivery must be noted immediately on the CMR consignment note from the despatcher. Visible damage to the goods and/or incomplete delivery must also be reported in writing to Home Made Stories BVBA. Home Made Stories BVBA will make every effort to inform the Customer compensation as soon as possible if the complaint is well-founded. However, the risk shall already transfer to the Customer when the goods are handed over to the delivery company, if the delivery company has been instructed by the Customer to transport the goods, and has not been selected by Home Made Stories BVBA.
The Customer shall immediately report in writing, with supporting documentation, any visible damage and/or quality defect of a product or any other defect noted at the time of delivery, to Home Made Stories BVBA.
ART. 6: RETENTION OF TITLE
Home Made Stories BVBA shall retain full title to the products supplied until these have been paid in full by the Customer. If necessary, the Customer undertakes to inform third parties of the retention of title by Home Made Stories BVBA, for example, any third party that might seize the goods that have not yet been paid in full.
ART. 7: RIGHT OF CANCELLATION
The provisions of this article shall only apply to Customers, who purchase products on-line from Home Made Stories BVBA in the capacity of a consumer. The Customer shall have the right to cancel the agreement within a period of 14 calendar days without providing any justification. The cancellation period shall expire 14 calendar days from the date upon which the Customer, or a third party appointed by the Customer, and not the delivery company, physically takes delivery of the goods.
In order to exercise the right of cancellation, the Customer shall unequivocally inform Home Made Stories BVBA, Kattendijkdok-Oostkaai 8, 2000 ANTWERP, Belgium, [email protected] (e.g. in writing by post or by e-mail) of their decision to cancel the agreement. The Customer can do this by making use of the attached cancellation form, but this is not compulsory.
In order to comply with the cancellation deadline, the Customer shall notify Home Made Stories BVBA, Kattendijkdok-Oostkaai 8, 2000 ANTWERP, Belgium, [email protected] of their decision to exercise their right to cancel prior to expiry of the cancellation period.
The Customer shall immediately send back or hand back the goods to Home Made Stories BVBA, Kattendijkdok-Oostkaai 8, 2000 Antwerp, Belgium, in any event no later than 14 calendar days from the date upon which the Customer has notified Home Made Stories BVBA of their decision to cancel the agreement. The Customer shall have acted in good time, if the goods are returned prior to expiry of the 14 calendar day deadline.
The Customer shall bear the direct costs of returning the goods. If the product returned has reduced in value in any way, Home Made Stories BVBA reserves the right to hold the Customer liable and to claim compensation for any depreciation of the goods due to the Customer having used the goods beyond the level necessary to determine the nature, the features and the operation of the goods. Home Made Stories BVBA shall not accept any amendments or cancellations for personalised items, which have been tailor-made to the specific requirements of the Customer. The Customer shall at all times be able to see whether the item in question is a standard item or a personalised item, and this on every product page, during the ordering process, and on the invoice.
Only products in their original packaging and including all of their accessories, user instructions and invoice or proof of purchase can be returned.
If the Customer cancels the agreement, Home Made Stories BVBA shall refund the Customer all of the payments made by the Customer up to that point, including the cost of a standard delivery, and this within maximum 30 calendar days from the date upon which Home Made Stories BVBA received notification of the Customer’s decision to cancel the agreement. In case of sales agreements, Home Made Stories BVBA may delay the refund until all of the products have been returned, or until the consumer has demonstrated that all the goods have been sent back, depending on which date is the earlier.
Any extra costs incurred due to the Customer having opted for a delivery method other than the cheapest delivery method offered by Home Made Stories BVBA shall not be refunded.
Home Made Stories BVBA shall refund the Customer by the same payment method used by the Customer in the original transaction, unless the Customer expressly agrees otherwise; in any event, the Customer shall not be charged for the refund.
ART. 8: GUARANTEE
Pursuant to the Consumer Protection Act of 21 September 2004, consumers have legal rights in the event of a sale of consumer goods. This legal guarantee shall apply with effect from the date of purchase by (if applicable, delivery to) the first owner. These rights shall not be affected by any sales guarantee. In order to invoke the guarantee, the Customer shall provide the proof of purchase. Customers are advised to retain the original packaging of the goods.
The Customer shall first contact the customer service department at Home Made Stories BVBA, and then return the product to Home Made Stories BVBA at the customer’s expense. If any defect is noted, the Customer shall notify Home Made Stories BVBA as soon as possible. In any event, any defect shall be notified by the Customer within a period of 2 months from the date upon which the defect was noted by the Customer. Upon expiry of this period, any entitlement to have the product repaired or replaced shall expire. If Home Made Stories BVBA deems the complaint to be well-founded, the company shall also pay the cost of the return postage.
The guarantee shall never cover any defects caused as a result of an accident, neglect, being dropped, use of the product contrary to its intended use, non-compliance with the user instructions or the manual, adjustments or modifications to the products, excessive force, poor maintenance, or any other abnormal or improper use. The guarantee shall not apply to items having a short service life, or consumables.
With regard to any imperfections in natural products, no complaints shall be accepted if these imperfections are related to the type and the properties of the raw material or raw materials used to manufacture the product.
Any defects noted after a period of 6 months from the date of purchase, or delivery, shall not be deemed to be hidden defects, unless the Customer can prove otherwise.
The guarantee is non-transferable.
ART. 9: CUSTOMER SERVICE DEPARTMENT
The Home Made Stories BVBA Customer Service Department can be contacted by telephone on +32 479 94 40 02 or by e-mail at [email protected] or by post at the following address: Kattendijkdok-Oostkaai 8, 2000 Antwerp, Belgium. Any complaints can be addressed to the Customer Service Department.
ART. 10: PENALTIES FOR NON-PAYMENT
Without prejudice to Home Made Stories BVBA exercising any of its other rights, in the event of non-payment or late payment, the Customer shall ipso jure incur interest at a rate of 10% per annum calculated on the outstanding amount from the date of default and without any prior notice of default. In addition, the Customer shall ipso jure and without any prior notice of default incur a fixed amount of compensation of 10% on the amount outstanding, with a minimum of EUR 25.00 per invoice.
Without prejudice to the above, Home Made Stories BVBA reserves the right to retrieve the products that remain unpaid or only partially paid.
ART. 11: DATA PROTECTION
Home Made Stories BVBA takes responsibility for the data processing and complies with the Belgian Data Protection/Privacy Act of 8 December with regard to the processing of personal details. The personal details provided by you shall only be used for the following purposes: performance of the agreement entered into, order processing, sending newsletters, and advertising and/or marketing purposes.
You have the legal right to view and amend your personal details. Subject to proof of identity (copy of identity card), you may address a written, dated and signed request to Home Made Stories BVBA, Kattendijkdok-Oostkaai 8, 2000 Antwerp, Belgium, or by e-mail to [email protected], and obtain written confirmation of your personal details free of charge. If necessary, you can also request to have the details amended that are either incorrect, incomplete or irrelevant.
Use of personal details for direct marketing purposes: You have the right to object to your personal details being used for direct marketing purposes. In this regard, you can always contact Home Made Stories BVBA, Kattendijkdok-Oostkaai 8, 2000 Antwerp, Belgium, or e-mail [email protected] Your details shall be treated as confidential information, and we undertake not to pass these details on, or to hire or sell them to any third party.
The Customer has sole responsibility for ensuring that their log-in details and the use of their password are kept confidential. Your password shall be stored in encrypted form, and Home Made Stories BVBA therefore does not have any access to your password.
Home Made Stories BVBA keeps a record of on-line visitor statistics in order to verify the respective hit rates of the website pages.
If you have any queries about this data protection statement, please e-mail us on [email protected]
When visiting the website, 'cookies' may be installed on the hard disk of your computer. A cookie is a text file that is placed in the browser of your computer or onto your mobile device by the server of the website whenever you visit a website. Cookies cannot be used for personal identification purposes; cookies can only identify machines.
‘First party cookies’ are technical cookies that are generated by the website visited, and their purpose is to optimise the operation of the website. For example, settings entered by the visitor during previous visits, or a data form filled in by the user during previous visits.
You can set your internet browser to prevent it from accepting cookies, to receive a warning whenever a cookie is installed, or to have cookies subsequently removed from your hard disk. You can do this by adjusting your browser settings (via the Options functionality). However, please bear in mind that some graphics may not display correctly, or that this will prevent the use of certain applications.
ART. 13: IMPAIRED ENFORCEABILITY – NON-WAIVER
If one of the provisions of these Terms and Conditions is declared invalid, illegal or unenforceable, that shall not in any way impair the validity, the legality or the enforceability of the other provisions.
If Home Made Stories BVBA fails to enforce one of the rights contained within these Terms and Conditions at any time, or fails to enforce any right arising from them, this shall never be deemed to be a waiver of such a provision and shall never impair the enforceability of these rights.
ART. 14: AMENDMENT OF TERMS AND CONDITIONS
Home Made Stories BVBA reserves the right to amend these Terms and Conditions without any prior notification. Any purchase made following the amendment shall imply acceptance of these new Terms and Conditions by the Customer.
ART. 15: PROOF
The Customer accepts that electronic communication and back-ups can be used as proof.
ART. 16: APPLICABLE LAW – JURISDICTION
Belgian law shall apply, with the exception of the provisions of international private law with regard to applicable law and with the exception of the Rome-I directive for international sales agreements for movable goods. Any disputes shall be settled exclusively by the courts within the district of the registered office, which have sole jurisdiction.