TERMS & CONDITIONS
1 GENERAL INFORMATION
The website http://www.davidgotlib.be/ is provided by:
OMG Antwerpen BVBA (hereafter ‘DG’ or ‘we’)
VAT BE 0670.481.519
If you have any questions or comments to make, you can contact us via
Tel.: +32 3 233 25 83
1.1 These Terms and Conditions (“Terms and Conditions”) apply to the Purchasers of any and all Products (“Products”) manufactured and sold by OMG Antwerpen BVBA (“DG”) and to any and all users of this website. The Purchaser of the Products (“Purchaser”) and user of the website agree to be bound by these Terms and Conditions.
1.2 These Terms and Conditions shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these Terms and Conditions.
1.3 DG reserves the right to amend and/or supplement the Terms and Conditions in the future. A future change will obviously have no effect on existing Product orders and the resulting agreements. Any amendment or supplement shall enter into force on the first day of the month following the month in which notification of that amendment or supplement was given. The Purchaser is considered to agree with the amendment or supplement of the Terms & Conditions, except in case of withdrawal conform the section “Return policy’ below.
2 OFFER AND ACCEPTANCE
2.1 Our online offer is presented with utmost care. DG provides information about the features of the Products, including technical and photographs illustrating the Products. We provide this information to the extent technical resources permit us. The images displayed on our website provide an approximate representation of the substantial features of our Products. Our online offer is presented as an invitation to purchase. DG is not bound by its offer. An offer is only valid while stocks last.
2.2 The Purchaser must be 18 years of age to place an order. If not, the order needs to be placed by a parent or a legal guardian. Orders placed by someone under the age of 18 will be refused. To purchase a Product from the DG range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. DG will send a confirmation of the order within two (2) calendar days, directed at the e-mail address specified by the Purchaser at the moment of ordering. The purchase shall be concluded as soon as the Purchaser has received the order confirmation email issued by DG.
2.3 DG retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. DG will inform the Purchaser if the initial order cannot be executed. There is no purchase contract if DG refuses the order. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
2.4 DG has the option to impose specific conditions on a particular offer, such as a limited period of validity. Such specific terms and conditions only apply if they are explicitly communicated prior to the order.
3.1 All prices are indicated in Euro (€) and include sales taxes and other taxes. The individual Product price does not include the costs of delivery and other additional costs. Any other costs charged will be stated separately. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by DG after the purchase.
3.2 The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
3.3 We have the right to change our prices at any time but commit to always apply the prices that were indicated on our website at the time of your order, unless there were inaccuracies in the pricing of the Products. In such case, the rules above apply and the price to be paid shall be the price in the confirmation of order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
3.4 The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
4.1 Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website. Possible payment methods are, but not limited to:
4.2 In the future, we can always expand the payment methods. These expansions will always be announced on our website.
4.3 DG has taken all reasonable measures to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
4.4 We make use of the secured payment system of Stripe for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures are provided. These payments are subject to the general terms and conditions of Bank of America which are solely responsible for the correct execution of the online payments.
4.5 DG shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. DG always retain ownership of all Products ordered until full payment of all amounts due under this agreement has been made, regardless whether the delivery has already occurred.
5.1 We process every order with the care it deserves. The order shall be processed within one (1) week upon order confirmation. DG has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. The Purchaser may only terminate the agreement if DG fails to deliver the Products within the communicated delivery deadline. In the event of such termination, DG will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement.
5.2 DG uses external parties and carriers for the execution of the delivery, in particular Malca-Amit. This may have an effect on the delivery. DG takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, DG will conduct an investigation at the carrier’s end. This can take several days. During this period, DG cannot provide any reimbursement or proceed to a re-delivery of the Products.
5.3 The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. If Purchaser or a designated third-party is not available to take delivery or collection, carrier may leave a card giving you instructions on either re-delivery or collection from the carrier. The package might also be delivered to a neighbour or a safe place.
5.4 If delivery or collection is delayed through Purchaser’s or designated third-party unreasonable refusal to accept delivery or if Purchaser does not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then DG may (without affecting any other right or remedy available) do either or both of the following:
- Charge Purchaser for reasonable storage fee and other costs reasonably incurred by DG; or
- No longer make the Product available for delivery or collection and notify Purchaser that DG is immediately cancelling the applicable contract, in which case DG will refund to Purchaser or to Purchaser’s credit or debit card company as applicable any money already paid to DG under the applicable contract, less DG’s reasonable administration charges, including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.3 and 5.4 above.
5.5 DG bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the goods shall pass from DG to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
6 DEFECTS AND COMPLAINTS
6.1 The Consumer has a statutory warranty of two years. He may exercise this right if the Product purchased does not correspond to the goods requested. However, the Consumer may not invoke the statutory warranty in the event of changes to the delivery date or place or in the event of defects of which he was aware at the time of the sale.
6.2 The statutory warranty may be invoked if the non-conformity of the delivered Product is established within 2 years from the delivery of the Product. The statutory warranty starts from the delivery of the Product to the Consumer.
6.3 The warranty is not applicable when the damage is caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the Product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
6.4 The Purchaser or the third party designated by the Purchaser are required to examine the Products accurately on their conformity as soon as the Products are received. If the Product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards DG in a written statement and in an explicit, unambiguous and motivated manner. This must be done within two (2) months upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photos and videos.
6.5 If the Product becomes defective within the first six months following delivery, it is assumed that the defect has existed since delivery. We shall have to prove the contrary if We do not agree. If the defect of the Product is found more than six months after delivery, the Consumer must prove that the Product was not in conformity at the time of delivery.
6.6 The Purchaser must send the defective Products back to DG in their original condition. We ask the Purchaser to, if possible, use the original packaging, include the original accessories and documentation, accompanied by the original invoice or a valid proof of payment. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within fourteen (14) calendar days after the communication.
6.7 This statutory warranty covers the repair or replacement of the defective Product. However, if it should appear that the repair or replacement is impossible, disproportionate or would cause serious inconvenience to Us or to the Consumer, We undertake to grant the Consumer an appropriate price reduction or, in the event of serious non-conformity, to terminate the Contract and refund the full price, subject to the return of the Product by the Consumer.
6.8 If the Products have been sent back although the conditions were not met, DG will send the Products to the Purchaser back again. The cost of this shipment will be borne by the Purchaser. DG may stock the returned Products at third parties, for account and at the risk of the Purchaser, as long as the costs of return have not been paid.
7 RETURN POLICY
7.1 If the Purchaser, who is a consumer, would like to return the Product without specific reason, the Purchaser shall inform DG at within 14 days of delivery. For this purpose, the Purchaser may use the withdrawal form which can be found here and send it to firstname.lastname@example.org.
7.2 The Purchaser shall communicate and sufficiently document that the Product is undamaged and as new. The Purchaser shall return the undamaged Product in its original condition and if possible, include original packaging, proof of payment, accessories, etc. to DG within fourteen (14) days of giving notice. We recommend a registered and insured return shipment to avoid the risks of loss and theft. If the Purchaser makes use of his right of withdrawal, he is responsible for the costs of returning the Products. Even if the Products cannot be returned by regular mail due to their nature, the Purchaser will be responsible for the costs of returning the Products. The Purchaser shall take all reasonable measures to ensure that the Products reach DG in good condition. If DG accepts the returned Product, DG will refund the full amount paid by Purchaser as soon as DG has received the Product.
7.3 The Purchaser has no right of withdrawal in the following cases:
- The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3° Economic Code (Wetboek van Economisch Recht));
- Where the goods supplied have, according to their nature, been inseparably mixed with other items after delivery (Article VI.53, 6° Economic Code (Wetboek van Economisch Recht)).
7.4 The Consumer is liable for any reduction in the value of the Products resulting from the handling of the Products that goes beyond what is necessary to determine the nature, characteristics and functioning of the Products. We are entitled to charge the cost of the reduction in value in proportion to the reimbursement.
8 FORCE MAJEURE
8.1 We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure is understood to be a situation in which the performance of our obligations, in whole or in part, whether or not temporarily, is prevented by circumstances beyond our control.
8.2 In the event of force majeure, these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event of force majeure exceeding two (2) months, either Party shall be entitled to terminate the Contract by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the Product paid by You and not delivered).
9 INTELLECTUAL PROPERTY
9.1 DG retains all intellectual property rights and all related rights with regard to the website and webshop. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
9.2 The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Product or we have given the Purchaser our explicit permission.
10 YOUR PRIVACY, OUR CONCERN
11 OWN RISK
11.1 Purchaser agrees to use the Products at his/her own risk. Purchaser shall be responsible for ensuring that all users of the Products purchased by Purchaser comply with these Terms and Conditions.
12.1 To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, We shall only be liable for damage caused by Our failure to comply with Our obligations if and to the extent such damage is caused by Our wilful and serious fault. We are not liable for any other errors.
12.2 Nothing in these Terms of Sale is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms of Sale is intended to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees); or for fraud or fraudulent misrepresentation.
12.3 Should We nevertheless be held liable, the amount of compensation shall be limited to the total amount paid by You for the Products purchased.
13.1 If any provision of these Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, such invalidity, nullity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In case of nullity, invalidity or unenforceability, the parties shall, to the extent possible, negotiate to replace the null, void or unenforceable provision (or part thereof) by an equivalent provision that complies with the spirit of these Terms and Conditions.
13.2 The fact that we fail to require the strict application of any of the provisions of these Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from demanding strict compliance with these provisions at a later date.
13.3 The Terms and Conditions shall always and exclusively apply to all present and future contracts between you and us, except in the case of an express derogation. An express deviation is only valid to the extent that it is the result of mutual agreement between you and us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions remain fully applicable.
14 APPLICABLE LAW
14.1. To the extent permitted by law, all contracts to which these Terms of Sale apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
14.2. Consumers may also bring a dispute about these Terms of Sale before an independent body. For further information, please visit: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
14.3. Any dispute concerning the interpretation or application of these Terms of Sale shall be subject to the exclusive jurisdiction of the courts in which Our registered office is situated, unless another court is mandatorily stipulated by law.