General Sales Terms & Conditions Webshop
GENERAL SALES TERMS AND CONDITIONS - WEBSHOP
TOON MUYLAERT PHOTOGRAPHY
Toon Muylaert Photography
Vrijsbeke 30, 9667 Horebeke, Belgium
Enterprise number 0732.683.758
VAT BE 0732.683.758
Article 1: General provisions
The e-commerce website of Toon Muylaert Photography, a sole proprietorship with its registered office at Vrijsbeke 30, 9667 Horebeke, Belgium, VAT BE 0732.683.758, RPR Oudenaarde (hereinafter “Toon Muylaert Photography”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Toon Muylaert Photography, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Toon Muylaert Photography.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that apply within Belgium that the Customer must bear.
Non-Belgium customers may have to pay customs duties and/or import VAT. When packages are shipped internationally, they may be subject to import taxes, customs duties, and/or fees imposed by the destination country. These charges will typically be due once the shipped goods arrive at the country of destination. Toon Muylaert Photography does not have any responsibility on these additional charges that may apply.
Any shipping, reservation or administration fees that are charged are specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Toon Muylaert Photography. With respect to the accuracy and completeness of the provided information, Toon Muylaert Photography is solely bound to obligation of means. Toon Muylaert Photography is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Toon Muylaert Photography. Toon Muylaert Photography cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer can choose between the following payment methods:
• via credit card
• via bank card
• via online transfer
• via PayPal
• via iDeal
The ordering procedure via the webshop is as follows:
Select the desired products
Check the products in the shopping cart
Go to Checkout
Enter the shipping details
Select the Delivery Method
Choose the payment method
Check the details and place the order
The Customer may choose between the following payment methods:
by credit card
by debit card
by online bank transfer
Toon Muylaert Photography is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Items are delivered according to the delivery time and delivery costs as stated during the order.
Articles ordered via this webshop will be delivered in Belgium and worldwide.
Delivery occurs by bpost or Toon Muylaert Photography.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Toon Muylaert Photography.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Toon Muylaert Photography.
Article 6: Retention of title
Delivered articles remain the exclusive property of Toon Muylaert Photography until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Toon Muylaert Photography, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Toon Muylaert Photography.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify Toon Muylaert Photography, Vrijsbeke 30, 9667 Horebeke, Belgium, email@example.com in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Toon Muylaert Photography of their decision to withdraw from the agreement to send back or hand over the goods to Toon Muylaert Photography, Vrijsbeke 30, 9667 Horebeke, Belgium. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
Toon Muylaert Photography shall bear the costs of returning the goods.
If the returned product is reduced in value in any way, Toon Muylaert Photography is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.
If the Customer withdraws from the agreement, Toon Muylaert Photography shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Toon Muylaert Photography was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Toon Muylaert Photography may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Toon Muylaert Photography will not be refunded.
Toon Muylaert Photography shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
service contracts after the provision of service has been completed in its entirety.
the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
agreements that were entered into in a public sale.
the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Toon Muylaert Photography customer service. Toon Muylaert Photography shall bear the costs of returning the goods.
Upon detection of a deficiency, the Customer must inform Toon Muylaert Photography as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Toon Muylaert Photography customer service can be reached via e-mail at firstname.lastname@example.org or by mail at the following address Vrijsbeke 30, 9667 Horebeke, Belgium. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Toon Muylaert Photography is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Toon Muylaert Photography is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing information, Toon Muylaert Photography respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Toon Muylaert Photography, Vrijsbeke 30, 9667 Horebeke, Belgium, email@example.com. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Toon Muylaert Photography, Vrijsbeke 30, 9667 Horebeke, Belgium, firstname.lastname@example.org.
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Toon Muylaert Photography has no access to your password.
Toon Muylaert Photography saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at email@example.com.
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. E.g. Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Toon Muylaert Photography to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Toon Muylaert Photography. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Oudenaarde (Belgium) district have jurisdiction in the case of any disputes.
Appendix 1: Withdrawal form
Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.
To Toon Muylaert Photography, Vrijsbeke 30, 9667 Horebeke, Belgium, firstname.lastname@example.org:
I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):
Ordered on (*)/Received on (*):
Name/Names of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(*) = strike out what is not applicable.