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Terms And Conditions
TERMS AND CONDITIONS.
Article 1 – Definition.
In these conditions it is understood under:
1. Time for reflection: the period within the consumer can use its right of withdrawal.
2. Consumer: the natural person who does not act in the exercise of a profession or company and enters into an agreement on distance with the entrepreneur.
3. Day: calendar day.
4. Duration of operation: an agreement on distance concerning a range of products and/or services, of which the supplies and/or purchase obligation has been spread out in the time.
5. Durable fact bearer: each tool on which the consumer or the entrepreneur can store information which has been addressed to him personally, in a manner which makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawalt: the possibility for the consumer within the time of reflection to abandone the agreement on distance.
7. Entrepreneur: the natural or legal person who offers products and/or services on distance to consumers.
8. Agreement on distance: an agreement within the framework of the entrepreneur, organised for sale on distance of products and/or services, to close the agreement exclusively through communication on distance.
9. Technique for communication on distance: means that can be used for closing an agreement without the consumer and the entrepreneur have met simultaneously in the same space.
Article 2 - Identity of the entrepreneur.
Name entrepreneur: Ascari BV
Trading under the names: fanthome.com
Trading & Visiting address:
Telephone number:+32 494 575070
Reachable: As from Monday till Friday, as from 9.30.u up to 16.00.u
E-mailaddress: [email protected]
Company number: 0765 835 982
Artikel 3 – Applicability.
1. These general conditions are applicable for each offer of the entrepreneur and on each agreement on distance between the entrepreneur and the consumer.
2. Before the agreement on distance is closed, the text of these general conditions is put available to the consumer. If this is reasonably not possible, before the agreement on distance is closed, it will be indicated that the general conditions are available at the entrepreneur and that they will be transmitted to the consumer at his request as soon as possible and free of charge.
3. If the agreement on distance is electronically closed the text of the general conditions will be made available through electronic way to the consumerin such a way that the consumer can easely store the conditions on a computer, USB or other data bearer.
Article 4 - The offer.
1. If an offer has a restricted validity or under conditions occurs, this will be expressly mentioned in the offer.
2. The offer contains a complete and precise description of the offered products and/or services. The description has given sufficiently full details to get a good appraisal of the offer by the consumer or the entrepreneur. If the webshop salesman uses images, they wil give a truthful reproduction of theffered products and/or services. Mistakes or manifest errors in the offer do not bind the webshop salesman.
3. Each offer contains such information that for the consumer it is clear what his rights and obligations are, related to the acceptance of the offer.This concerns in particular: the price including taxes, the possible cost of delivery, the way the agreement comes about and which operations will apply for that,the yes or no of the right of withdrawal, the way of payment, delivery and implementation of the agreeent, the period for acceptance of the offer, or the period within the entrepreneur garantees the price, the height of the price for communication on distance if the costs of the use of the technique for communication on distance are calculated on another base then the regular base rate for the used communication tool, when the agreement is archived after the production, and if so, how this is consultable for the consumer, the way the trader or consumer, before closing the agreement, can check and if desired restore the supplied data, the possible other languages in which, beside Dutch, the agreement can be closed, the codes of conduct to which the entrepreneur was submitted and the way in which the consumer can consult hese codes, the minimum duration of the agreement on distance in case of a duration operation.
4. Gift vouchers are valid for one year only.
Article 5 - The agreement.
1. The agreement comes about, subject to the provisions in paragraph 4, at the moment of acceptance by the trader or consumer of the offer and meeting with the thereby put conditions.
2. If the consumer has accepted the offer electronically, the webshop salesman confirms immediately along electronic way the of acceptance of the offer. As long as the reception of this acceptance has not been confirmed by the entrepreneur, the consumer decline the agreement.
3. If the agreement comes about electronically, the entrepreneur takes sufficient measures for the security of the electronic transfer of data. If the consumer can pay electronically, the webshop will take appropriate security measures to this end.
4. The webshop can inform himself within legal frameworks if the consumer can fulfill his payment obligations, as well as all those facts and factors which are important for a justified contract of the agreement on distance. If the entrepreneur has on the basis of this research good grounds not contract the agreement, he has been entitled to refuse an order or application or to the implementation of particular conditions.
5. The webshop shall send with the product or service following information to the consumer, in such a manner that this information can be stored on a durable fact bearer by the consumer : the visiting address of the webshop where the consumer can address his complaints, the conditions among which and the way in which the consumer can use his right of withdrawal, the information on guarantees and existing service after sale, the in Article 4 paragraph 3 of these conditionsincorporated data,unless the entrepreneur has supplied these data already to the consumer by the implementation of the agreement, the requirements for denunciation of the agreement if the agreement has a duration of more than one year or a indefinite duration, in case of a duration operation the provision in the previous member applies only on the first supply.
Article 6 –Right to cancel.
- You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
- To exercise the right to cancel, you must inform us (Fanthome, Laarstraat 39B - 3190 Boortmeerbeek - België, [email protected], Phone: + 32 494 575070) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Article 7 - Effects of cancellation.
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Article 8 - Exclusion of the right of withdrawal.
- Exclusion of the right of withdrawal is only possible for products:
- provided by the entrepreneur that are established in accordance with the consumer's specifications.
- that are clearly personal in nature.
- which by their nature cannot be returned.
- that rapidly decay or become obsolete.
- for individual newspapers and magazines.
- for audio or video recordings or computer software of which the consumer has broken the seal.
Article 9 - The price.
1. During the period mentioned in the offer, prices of the products and/or services are not increased, except for price changes due to changes in tax rates.
2. By way of derogation from the previous paragraph, the trader may offer products or services, whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control on it, with variable prices.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
1 these are the result of statutory regulations or provisions.
2 the consumer has the power to terminate the contract on the day on which the price increase takes effect.
5. In the offer of products or services mentioned prices include VAT and other taxes, if applicable.
Article 10 - Compliance and warranty.
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations. If agreed, the entrepreneur also accept that the product is suitable for other than normal use.
2. A warranty by the trader, manufacturer or importer does not alter the legal rights and claims that the consumer under the agreement in front of the entrepreneur can do.
Article 11 - Delivery and execution.
1. The Webshop will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer communicate to the Webshop.
3. Subject to what about is mentioned in article 4 of these terms and conditions, the Webshop will execute accepted orders within 30 days, unless a longer delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive message of this no later than 30 days after the order was placed. The consumer in this case has the right to terminate the contract without penalty and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the trader will refund the amount which the consumer paid as quickly as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the trader will attempt to make available a replacement article. At the latest at the time of delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. To substitute items, the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer.
7. When a delivery after 3 delivery attempts still cannot be delivered and the goods come back to the vendor, there will be new transport costs charged to deliver the goods to the buyer.
8. For countries outside the European Union, extra charges ( VAT and import duties ) may apply at the delivery!
Article 12 – Duration transactions.
1. The consumer may end an agreement, that was concluded for an indefinite period, at any time when using the applicable termination rules and a notice of up to one month.
2. A contract for a definite period has a maximum term of two years. If it is agreed that the distance contract will be renewed, the agreement will be continued as a contract for an indefinite period and will the notice period after continuation of the agreement up to one month.
Article 13 – Payment.
1. As far as not agreed otherwise, the amounts owed by the consumer have to be paid within 14 days after the start of the withdrawal period referred to in article 6 (1). In the case of a contract for the provision of a service, this term begins after the consumer has received the confirmation of the agreement.
2. When selling products to consumers and when payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to report inaccuracies in payment data without delay to the economic operator.
4. In case of default of the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the consumer to reasonable costs.
Article 14 - Complaints procedure.
1. The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract should be, fully and clearly described and submitted transmitted to the entrepreneur, after the consumer has found the flaws and this within a reasonable time.
3. Complaints sent to the enterpreneurshall be answered within a period of 14 days after the date of receipt. If a complaint needs a longer processing time, the entrepreneur replies within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, a service or the service of the entrepreneur can also be submitted via the contact form, provided on the online store.
5. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
Article 15 – Disputes.
1. The agreements between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Belgian law.
2. Disputes between the consumer and the trader about the creation or implementation of agreements related to deliver products and services can be presented both by the consumer and the trader to the Arbitration Board.
3. A dispute is only taken into consideration by the Arbitration Committee, if the consumer exercises his complaint within a reasonable time to the trader first.
4. Not later than three months after the dispute arose, the dispute has to be send in writing to the Appeal Board.
5. When the consumer wants to submit a dispute to the Arbitration Board, the entrepreneur is bound to this choice. If the entrepreneur wants, the consumer will within five weeks after a request made in writing for that purpose by the entrepreneur, he entitled to speak or wish or want to let the dispute also be dealt by the competent judge.
6. The Arbitration Board shall rule under the conditions as set out in the regulations of the disputes Committee. The decisions of the Arbitration Board are in the form of binding advice.
7. Only the court of Brussels and/or the court of peace of the canton of Leuven are competent.