ARTICLE 1: DEFINITIONS AND GENERALITIES
In these general terms and conditions it is understood that:
Seller: WD-CONSTRUCT Comm.V., with Registered office at 3950 BOCHOLT (Belgium) , Reppelerweg 309, VAT nr. 0768.861.095, telephone number: +32 (0)473 79 01 36, e-mail address: info@e-rewinder.be, account number: BE98 3632.4633.6893 - BIC: BBRUBEBB
Buyer : any natural or legal person who is or will be in a contractual relationship of any kind with the seller.
Off-premises agreement: an agreement concluded between the customer and the seller who is physically present in a place that is not the sales area of this seller. Sales area : any physical retail space of the seller as it is known in good name and fame and where the seller carries out his activity on a permanent basis on the one hand and any stand, stall and any other mobile establishment in which the seller usually carries out his activity on the other hand (Fair, salon, market, exhibition, edm.) Distance contract: an agreement that is concluded between the seller and the buyer within the framework of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement only or partly uses one or more techniques for distance communication. This includes internet sales via the website www.e-rewinder.be. Pre-orders: are orders of products that are not yet produced / available for general sale and for which a longer delivery time applies. Day: calendar day. Force majeure: an external, extraordinary and unforeseeable event that cannot be prevented even with the utmost care of the party invoking it, such as natural disasters, fire, hostage situations, earthquakes, war, riots, terrorist attacks, floods, pandemics or similar events, Electrical, Computer, internet or telecommunications failures, government decisions or intervention and errors and delays due to third parties. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period. Cooling-off period: period within which the consumer can make use of his right of withdrawal.
ARTICLE 2: SCOPE
Without prejudice to the application of any special conditions contained in a separate written agreement, these general conditions apply to all agreements entered into between the seller and the customer. By placing a pre-order/order/order on the website www.e-rewinder.be, the customer acknowledges having taken note of these general terms and conditions, having accepted them and being bound by them. The seller reserves the right to change these general terms and conditions at any time in line with the economic and legal noodwendigheden.De application of the general terms and conditions of the seller excludes the application of any other (general or special) conditions of the customer.
ARTICLE 3: PRICE / PAYMENT
The indicated price in euros is the total sales price, including Recupel and all other taxes and costs and excluding all costs for delivery, modification, installation or additional accessories. Prices may change due to market developments. Unless otherwise agreed in writing, the price is immediately payable for purchases in and outside the sales area. If an order (pre-order) is placed via www.e-rewinder.be,, the price applicable at the time of the order applies to this distance sale, with the exception of poster errors for which the seller cannot be held liable. The customer has the choice for the payment of his Internet Order: Bancontact/Credit card - Transfer / invoice. In the event of late payment of the invoice, you are obliged by law and without notice of default or reminder to pay late interest at the statutory interest rate, counting from the due date, on any unpaid amount left until the date of full payment, more the cost of € 8.00 per reminder and € 10.00 per registered notice of default. The above-mentioned costs are without prejudice to the possible charging of procedural costs in the event of a judicial recovery. You are entitled to late payment interest at the statutory interest rate as a result of our late repayment. These interests begin to run the day after the day on which we should have made the payment in accordance with Article 6. The costs of your reminder (€ 8.00) and notice of default (€ 10.00) are also at our expense. The delivery costs are determined by the parcel service we use, the actual delivery costs can be found when completing an order/purchase in our webshop.
ARTICLE 4: DELIVERY
For deliveries we depend on the supplier. The delivery periods specified by the seller (for a pre-order order it is estimated at 3 to 4 months) are always indicative, but never binding. No rights can be derived from this. Agreed terms will in any case be extended due to any delays due to a third party and/or the customer. If the execution of the agreement cannot take place due to force majeure, the defaulting party will inform the other party within a period of 10 days after the commencement of the force majeure situation. In the event that the situation of force majeure results in an interruption of performance, the performance period and the obligations of the party concerned shall be suspended by operation of law for the duration of the interruption. In such a case, the parties will make all reasonable efforts to limit the consequences of the force majeure situation. If the situation of force majeure lasts longer than 30 days, each party is entitled to dissolve the agreement without the intervention of the court, without the other party being obliged to pay any compensation to the first party. The goods are delivered to the address or pick-up point indicated by the customer. For the safety and security of the customer, an identity document may be requested upon delivery. The customer signs for receipt of the delivery.
ARTICLE 5: RETENTION OF TITLE
All goods sold by the seller remain the property of the seller until the customer has fully complied with his payment obligation, including interest and an incidental damages clause. As long as the ownership of the goods has not passed to the customer, the customer may not pledge the goods, transfer ownership as security or grant any other right to third parties. Unless expressly provided otherwise, the risk for the total or partial loss or destruction of the goods and any consequential damage that may be associated with them shall pass to the customer upon delivery.
ARTICLE 6: RIGHT OF WITHDRAWAL
This provision applies exclusively to distance sales to consumers. This provision therefore does not apply to purchases within a trade, business, craft or professional activity, nor to purchases in and outside the sales premises, nor to purchases by legal persons. The consumer can revoke the agreement without giving reasons during a cooling-off period of 14 days. This cooling-off period starts on the day after the consumer has received the product. If the consumer makes use of his right of withdrawal, he reports this to the seller within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner. The model form can be found on the website www.e-rewinder.be.Als if the consumer revokes the agreement, the consumer will receive all payments that the consumer has made up to that point, including delivery costs (with the exception of any additional costs resulting from the choice of a method of delivery other than that offered by the seller cheapest standard delivery) without delay and in any case no later than 14 days after the consumer has informed the seller of the decision to withdraw from the contract, from the seller. The seller shall reimburse the consumer with the same means of payment with which the Consumer made the original transaction, unless the consumer has expressly agreed otherwise. In any case, the refund is free of charge for the consumer. The seller may wait with reimbursement until it has received the goods back, or the consumer has shown that the goods were returned, whichever comes first. The consumer must return or hand over the goods to the seller without delay, but in any case within 14 days of the day on which the consumer has informed the seller of the decision to revoke the agreement. The consumer is on time if the goods were returned before the period of 14 days has expired. The direct costs of returning the goods are borne by the consumer. The costs are estimated at a maximum of about € 50.00, whereby any amount that would exceed this estimated amount remains at the expense of the consumer. The consumer is only liable for the depreciation of the consumer goods resulting from the use of the consumer goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the consumer goods.
ARTICLE 7: WARRANTY AND COMPLAINTS
The customer is responsible for checking the delivered goods or services for their conformity and visible defects. The seller is liable to the consumer for any lack of conformity that already exists at the time of delivery of the goods and that manifests itself within a period of two years from the aforementioned delivery. Consequently, the following are excluded: all direct or indirect damage caused to the appliance after delivery (e.g. oxidation, shocks, falls,...); the replacement of accessories or fittings that need to be replaced regularly; defects due to fire, water damage, lightning, accidents and natural disasters; defects caused by intent, negligence or by improper handling, poor or defective maintenance or abnormal use or the use of the device contrary to the regulations; normal wear and tear; intervention of the consumer himself or of a third party; the defects that the consumer knew at the time of the sales agreement or reasonably had to be aware of. In order to be admissible, all complaints regarding a lack of conformity between the agreed goods or services and the delivered goods and services must be communicated to the seller by registered letter within 10 days. In the event that the delivered goods or services show defects, the customer can only claim a replacement or repair, at the discretion of the seller without the customer being able to claim any form of compensation. The customer is obliged to enable the seller to investigate the complaint and must therefore fully cooperate. The free repair or replacement cannot be requested if the repair or replacement would be impossible or disproportionate. A repair or a replacement shall be deemed disproportionate if it entails costs for the seller which, compared with the alternative form of redress, are unreasonable in view of the value that the good would have without the lack of conformity, the seriousness of the lack of conformity and the question whether the alternative form of redress is concretely possible without serious inconvenience to the customer. The customer is never entitled to any compensation or compensation for damage resulting from a defect in the goods, regardless of whether the customer is entitled to a repair under the statutory warranty.
ARTICLE 8: APPLICABLE LAW AND JURISDICTION
These conditions are governed by Belgian law. All disputes or proceedings are subject to the exclusive jurisdiction of the Belgian courts.
ARTICLE 9: DATA PROTECTION
The seller undertakes to treat all personal data it receives from the customer in accordance with the legal obligations relating to the processing of personal data, including the regulation 2016/679 of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. As a data controller, the seller processes the customer's personal data primarily to fulfill its contractual obligations to the customer and to comply with legal and regulatory requirements, as well as to continue to improve the quality of the seller's goods and services. In certain cases, the seller, in pursuance of the listed purposes, discloses the customer's personal data to third parties. The customer can always ask the seller to see what data is being processed by the seller, to have it corrected, deleted or transferred, or (in certain cases) to object to the processing or to limit the processing. The customer also has the right to lodge a complaint with the supervisory authority.If the customer wishes more information regarding the privacy policy, he or she can contact the seller by e-mail (info@e-rewinder.be) or consult the privacy statement on the website.