General Conditions
Last updated: January 26, 2023
A Dutch translation is available upon request.
These General Conditions apply for (private) Consumers within the European Union (EU).
Index:
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The offer and Quote
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints
Article 14 – Disputes
Article 15 – Liability limitations
Article 16 – Additional or different provisions
Article 17 – General data protection regulation
Article 18 – Disclaimer
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Agreement: an Agreement between the Entrepreneur and the Consumer concerning the delivery of a Product (s) by the Entrepreneur to the Consumer at a predetermined price and conditions.
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an Agreement with the Entrepreneur.
Damage claim form: Claim form with regard to claiming (transport) damage to delivered Product(s)
Day (s): calendarDay (s).
Disclaimer: an explanation about how the Website and its information should be interpreted.
Discrete transaction: a single Agreement at one specific moment in time between Entrepreneur and Consumer.
Distance Agreement: an Agreement made between Consumer and Entrepreneur whereby either party is located at a different location at the time of reaching the Agreement.
Duration transaction: a Distance Agreement with regard to a series of Products, the delivery and / or purchase obligation of which is spread over time.
Entrepreneur: the “Redesignable” company that offers Product(s) to Consumers physically or remotely.
Force Majeur: All situations and events whereby Product(s), during delivery and shipping, are either becoming delayed ,blocked, damaged, taxed, surcharged, confiscated and/or unable to be delivered due to an external event that is outside the control of the Entrepreneur and/or Consumer.
General Data Protection Regulation: privacy policy that is mentioned in this document and which is freely accessible as well through the Website.
General Terms and Conditions: the present General Conditions provided by the Entrepreneur.
Invoice: the invoice that will be send electronically to the Consumer, possibly with (separate) payment request. The invoice number will be distinct from the Order number.
Invoice value; total invoice amount including purchase price of the Product(s) including shipping costs, excluding payment and other costs.
Model form: the model form for withdrawal that the Entrepreneur makes available that a Consumer can fill in when he wishes to make use of his right of withdrawal.
Offer: All formal and non formal proposals provided by Entrepreneur reflecting the purchase price, shipping costs and possible additional costs for the selected Product(s) by Consumer.
Orders: All confirmations, in written form, (re)confirming the Agreement and functioning as the execution of the Agreement by the Entrepreneur. All Agreements turn into Orders automatically and will receive an Order Number.
Order Number: The assigned number on the Order form. This number will be visible on the invoice as well. The Order number is the same as the Quote number.
Privacy policy: Seperate document stating the principles on privacy for the Website and Entrepreneur.
Product (s): used two-hand or multi-hand furniture items, lightning and/or other decorative items.
Purchase value; total invoice amount including purchase price of the Product(s) excluding shipping costs, payment and other costs.
Quote: All strictly formal proposals provided by Entrepreneur via Website reflecting the purchase price, shipping costs and possible additional costs for the selected Product(s) by Consumer.
Quote number: The assigned number on the Quote form.
Reflection period: the period within which the Consumer can make use of his right of withdrawal.
Reservation period: the period in which a Product (s) are reserved for the Consumer after conclusion of the Agreement. This period is the same as the reflection period.
Reservation: the process of reserving a Product(s) for the Consumer once an Agreement is in place.
Right of withdrawal: the possibility for the Consumer to cancel the Agreement within the cooling-off period.
Sustainable data carrier: any means that enables the Consumer or Entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Transaction: payment of the Offer and/or Quote by the Consumer arising from the Agreement in the manner described in these General Terms and Conditions.
Website: The website of the business of the Entrepreneur; www.redesignable.com.
Article 2 – Identity of the Entrepreneur
Redesignable
Dokter Zoetemanstraat 16
4696 CR Stavenisse
info@redesignable.com
+31 166 852 850
The company is not bound by a regularizing or supervisory authority.
Article 3 – Applicability
1. These General Terms and Conditions apply to every Offer and/or Quote made by the Entrepreneur and to every Agreement or Order concluded between the Entrepreneur and the Consumer, regardless of whether this Agreement was concluded locally (physically) or remotely (at distance).
2. Before the Agreement is concluded, physically or remotely, the text of these General Terms and Conditions is made available to the Consumer. If this is not reasonably possible, it will be indicated that the General Terms and Conditions can be viewed at the Entrepreneur before the Distance Agreement is concluded and that they will be sent free of charge as soon as possible at the request of the Consumer.
3. If the Distance Agreement is concluded, contrary to the previous paragraph and before the Distance Agreement is concluded, the text of these General Terms and Conditions may be made available to the Consumer electronically in such a way that it is accepted by the Consumer, can be stored in a simple way on a Sustainable data carrier. If this is not reasonably possible, it will be indicated before the Distance Agreement is concluded where the General Terms and Conditions can be accessed electronically and that they will be send electronically or otherwise free of charge at the request of the Consumer.
4. In the event that specific Product or service terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply and the Entrepreneur can always invoke the applicable provision which, in this case, conflicts with the General Terms and Conditions, is most beneficial.
5. If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or are voided, the Agreement and these General Terms and Conditions will remain in effect for the rest and the relevant provision will be replaced by mutual agreement without delay by a provision that approached the scope of the original as much as possible.
6. Situations that are not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
7. Uncertainties about the interpretation or content of one or more provisions of these General Terms and Conditions must be explained “in the spirit” of these General Terms and Conditions.
8. Non-compliance by the Consumer with compliance with these General Terms and Conditions will not lead to the expiry of the rights of the Consumer, nor for the rights of the Entrepreneur.
9. The General Terms and Conditions in this document do not apply to customers who are acting on behalf of a company and/or other legal entity or established organization and/or who are buying on behalf of their professional activity and/or who are buying on behalf of other consumers and/or end users, thereby acting as an intermediary, trader, broker or agent in their profession and/or other situations whereby the customer cannot be considered as a Consumer in the light of these General Terms and Conditions.
10. Only if an Order and/or Agreement materialized through the Website do these General Terms and Conditions apply. If an Order and/or Agreement has materialized, either directly or indirectly, through another independent and/or third party sales platform, the respective terms and conditions of the sales platform apply
Article 4 – The Offer and Quote
1. The Offer has a limited duration of 10 days, unless specifically stated otherwise in the Offer.
2. The Offer might be presented by the Entrepreneur to the Consumer via the Website trough a Quote. The Quote has an official Quote number. The Quote will be send to consumer via email and will be in the form of a PDF.
3. The Offer and/or Quote is without obligation. The Entrepreneur is entitled to change and adjust the Offer and/or Quote.
4. The Offer and/or Quote contains a complete and accurate description of the Product(s) offered. The description is sufficiently detailed to allow a proper assessment of the Offer and/or Quote by the Consumer. If the Entrepreneur uses images, these are a true representation of the Product(s) offered. Obvious mistakes or errors in the Offer and/or Quote do not bind the Entrepreneur.
4. All images, specifications, data in the Offer and/or Quote are indicative and cannot give rise to compensation or termination of the Agreement.
5. Images of Product(s) are a true representation of the Product(s) offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the Product(s).
6. Each Offer and/or Quote contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the Offer and/or Quote. This concerns in special:
– the price including (any) local taxes (if applicable)
– the possible costs of shipment and/or delivery;
– a statement of the state in which the Product (s) used are supplied by the Entrepreneur to the Consumer with a clear description.
Further to be complemeted by, although not obligatory to be included;
– mentioning and/or statement of additional import taxes and taxes that are borne by the buyer;
– the manner in which the Agreement will be concluded and which actions are required for this;
– whether or not the Right of withdrawal is applicable (explicitly mentioned);
– the method of Payment, delivery and implementation of the Agreement;
– the period for accepting the Offer and/or Quote, or the period within which the Entrepreneur guarantees the price;
– the way in which the Consumer, prior to concluding the Agreement, can check the data provided by him in the context of the Agreement and, if desired, restore it;
– any other languages in which, in addition to Dutch, the Agreement can be concluded;
– whether or not to offer a warranty on the Product (s)
Article 5 – The Agreement
1. The Agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the Quote and/or Offer by the Consumer, regardless of whether this is done remotely or physically. A Consumer always enters into an Agreement in writing. By writing is meant by email, by letter or by text or any other form of usual written confirmation. An Agreement has also been concluded before it has been paid by the Consumer.
2. If the Consumer has accepted the Offer in writing, the Entrepreneur will immediately confirm in writing the receipt of the acceptance of the Offer. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can terminate the Agreement. As soon as the Entrepreneur is confirmed, there is an Agreement.
3. If the Consumer has accepted the Quote by clicking on “Accept” in the Quote form, this is considered as accepting the Offer in writing as well. After such confirmation, the same applies as in article 5 paragraph 2.
4. All Offers and Quotes that precede an Agreement at Distance need to be confirmed in written. Physical Agreement (locally) might be confirmed verbally if the Transaction is directly followed after verbal Agreement. 5. Once the Agreement at Distance is established, either by accepting the Offer and/or the Quote, the Entrepreneur will put the Product (s) in Reservation for the Consumer. Once the Reservation is effectuated, the Entrepreneur will send an invoice and/or payment request to the Consumer in order to perform the Transaction. The Reservation Period is a maximum of 14 Days, unless explicitly agreed otherwise between the Entrepreneur and the Consumer. If the Consumer has not performed the Transaction within 14 Days, the Agreement will automatically be dissolved and simultaneously the Reservation of the Product (s) will be terminated.
6. An Agreement will automatically be converted to an Order and will be assigned an Order number. Once the Order has been formed a Transaction may take place. The Agreement will stay fully in place but it will be communicated as being an Order for convenience. The Order number is the same as the Quote number.
7. A Transaction, unlike a conventional e-commerce website, does not take place via the website. Instead, the Entrepreneur sends a payment request to the Consumer. This can be done via a mobile payment service through Mollie, via a conventional bank transfer or in cash. With the Mollie mobile payment service, the Consumer receives a payment request via e-mail or via his mobile phone, after which the Consumer has the possibility to make the payment securely via many conventionally accepted payment method (s). The payment methods are listed on the Website. In the case of a conventional bank transfer, the Consumer receives the required information in the Agreement and / or a separate written notification by the Entrepreneur. Any payment costs will be borne by the Entrepreneur, unless explicitly agreed otherwise between Entrepreneur and Consumer. With payment in cash, a maximum of 5,000 euros and only accepted in Euro currency.
8. With a Distance Agreement, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment for the Transaction. If the Consumer can pay electronically, the Entrepreneur will take appropriate security measures and/or provide safe and secure third party payment methods. For more information please refer to the Privacy Policy and Disclaimer that can be found on the Website.
9. The Entrepreneur can – within the law – inform himself if the Consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If the Entrepreneur on the basis of this investigation has good reasons not to enter into the Agreement, he is entitled to refuse an Agreement or Order or request or to attach special conditions to the implementation.
10. The Entrepreneur will make available to the Consumer via the website the following information in the General Terms and Conditions, in writing or in such a way that it can be stored in an accessible manner by the Consumer on a Sustainable data carrier;
a. the visiting address of the location of the Entrepreneur where the Consumer can go with complaints;
b. the conditions under which and the way in which the Consumer can exercise the Right of withdrawal, or a clear statement regarding the exclusion of the Right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 6 of these General Terms and Conditions, unless the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement.
11. Unless explicitly agreed otherwise between the Entrepreneur and the Consumer, the Agreement has the characteristic of a Discrete transaction and explicitly not of a Duration transaction.
12. Each Agreement is entered into under the suspensive conditions of sufficient availability of the relevant Product(s) in stock and the Entrepreneur always has the right to terminate the Agreement when a Product(s) appears not to be in stock.
13. With a Distance Agreement, if the Product(s) is exported outside of the European Union, the Consumer is always responsible for paying applicable taxes, import duties and/or local VAT, if such a measure would be enforced by the respective customs. The Consumer is always responsible for payment of these applicable amounts, without such a situation would lead to a right for the Consumer to claim these amounts with the Entrepreneur nor that it would lead to any other form of financial compensation.
14. The non-delivery of an Order due to this Order having been detained by customs in the respective country of destination, is never a reason that would lead to a Right of withdrawal for the Consumer and/or a right for the Consumer to claim compensation with the Entrepreneur, unless a) the Entrepreneur would have made clearly avoidable mistakes in labeling, packing and/or administration of this Order that has directly lead to the non-delivery of the Order and/or b) if the Entrepreneur would have failed to insure the Order for sufficient insurance coverage. A delay in delivery due to confiscation by customs would never lead to any right for the Consumer, since this is considered a Force Majeur event.
15. The (partial) non-Delivery of an order due to another Force Majeur event, not mentioned in Article 5 paragraph 14, might lead to a right for withdrawal by the Consumer. In case of such a force majeur event, the Entrepreneur will inform the Consumer as soon as possible, informing the Consumer about the event. In case the Consumer wants to withdraw from the Order, he may exercise his Right of Withdrawal. In such case the articles and procedures for the Right of Withdrawal will go into effect as per immediately. Parties may also decide upon an alternative solution, that would be mutually agreed on paper between Parties.
16. The Entrepreneur might demand from the Consumer a downpayment with commencement of the Order. The height of this downpayment is to be determined by the Entrepreneur and will be communicated to the Consumer. The downpayment might serve as a reservation fee for the Product(s) in question, as part of the Order, and might be recalculated on the final payment for the Consumer. The Entrepreneur might in particular be inclined to use a downpayment if there is a substantial period between commencement of the Order and actual Delivery of the Product(s) from the Order. The Entrepreneur will make known to the Consumer the downpayment which will need to be paid by Consumer. The Agreement will not in take form and validity until the Consumer has paid for the downpayment in full to the Entrepreneur. In case of cancellation of the Agreement before Delivery has taken place, for any reason, the Entrepreneur has the right to keep the downpayment if costs and time had to be invested into the Agreement by the Entrepreneur that cannot be recovered because of the cancellation of the Agreement.
Article 6 – Right of withdrawal
1. When purchasing Product (s), the Consumer has the option to dissolve the Agreement without giving any reason during 14 Days. This Reflection Period starts on the Day following receipt of the Product(s) by the Consumer or a representative designated in advance by the Consumer and announced to the Entrepreneur. The Right of Withdrawal is only applicable for the Purchase Value. The Consumer must, in reasonableness and fairness, take into account tolerances for minor damages and imperfections, since the Product(s) are used and have age and use related wear. Once the Agreement dissolves, the Order dissolves simultaneously. If necessary, a credit invoice will be send for the dissolved Order.
2. During the Reflection Period, the Consumer will handle the Product(s) and the packaging with care. He will only unpack or use the Product(s) to the extent necessary to assess whether he wishes to keep the Product(s). If he exercises his Right of withdrawal, he will return the Product (s) with all accessories supplied and – if reasonably possible – in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur. Failure of the Consumer to do such would lead to a right by the Entrepreneur to exclude Right of withdrawal.
3. If the Consumer wishes to make use of his Right of withdrawal, he is obliged to make this known to the Entrepreneur within 14 Days of receiving the Product(s). The Consumer must make this known via the Model Form. This Model Form can be send by the Entrepreneur at the request of the Consumer but is also attached at the end of these General Terms and Conditions. After the Consumer has indicated that he wishes to make use of his Right of withdrawal, the customer must return the Product(s) within 14 Days. The Consumer must prove that the Product(s) delivered were returned on time, for example by means of proof of shipment. Failure of the Consumer to do such would lead to a right of exluding Right of withdrawal by the Entrepreneur.
4. The Consumer is thereby responsible for the proper shipment of the Product(s) to the address of the Entrepreneur and thereby bears responsibility for transport, costs and risks associated with the return. The Consumer is obliged to send back the goods in the same manner and mode of transport as the Entrepreneur did, unless explicitly stated or agreed otherwise. The Entrepreneur is not obliged to provide the Consumer with a financial compensation with regard to this return.
5. The Product risk transfers from Entrepreneur to Consumer upon final delivery confirmation of the Product (s) if the Product(s) is sent to the Consumer or upon collection by the Consumer at the Entrepreneur’s address. The Product(s) risk will be returned to the Entrepreneur upon the return of Product (s) as soon as the Entrepreneur has received the Product(s) again. The Entrepreneur must always send a confirmation of receipt to the Consumer for this. Only from the time of the acknowledgment of receipt will the Product(s) risk be transferred to the Entrepreneur.
6. If the Consumer, after expiry of the periods referred to in paragraphs 2 and 3, has not indicated that he wishes to make use of his Right of withdrawal or resp. the Product(s) has not been returned to the Entrepreneur, the Agreement is an irreversible fact.
7. In case of a partial withdrawal, for example when it concerns an Agreement with multiple Product(s), the Right of withdrawal is only applicable for the respective value of that (those) specific Product(s) that the Consumer wishes to excercise his Right of withdrawal.
Article 7 – Costs in case of withdrawal
1. If the Consumer makes use of his Right of withdrawal, the costs of the return shipment will be borne by the Consumer, without the existence of any (partial or full) compensation obligation for the Entrepreneur.
2. If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than within 14 Days after receival of the request for withdrawal through the Model form. This is subject to the condition that the Product(s) has already been received back by the Entrepreneur. The Entrepreneur has the right to postpone the refund up until the point of confirmed receival of Product(s) by Entrepreneur, without this right leading to any form of compensation for the Consumer. Refund will be made via the same payment method used by the Consumer for the Transaction unless the Consumer gives explicit permission for a different payment method.
3. In the event of damage to the Product(s) due to improper handling by the Consumer himself, the Consumer is liable for any depreciation of the Product(s) and the Entrepreneur has the right, in such case, to exlude the Right of withdrawal for the Consumer if a Product (s) is deemed as total loss or unsellable because of the accrued damage. The Entrepreneur is deemed as professional and integer enough to judge this damage on case by case base. The Consumer has the right to appoint an independent third party specialist to assess the damage and to provide expertise consultancy at his own cost. However, this expertise is non-binding for the Entrepreneur.
4. The Consumer cannot be held liable for any depreciation of the Product (s) if the Entrepreneur has not provided all legally required information about the Right of withdrawal in his General Terms and Conditions, this must be done before the conclusion of the Agreement.
5. The Entrepreneur might incur additional costs with regard to payment, packaging and/or handling with regard to execution of the Agreement. The Entrepreneur has the right to (re)calculate these costs and adjust the refund amount to the Consumer accordingly, in order to compensate for the monetary costs necessarily arisen from the execution of the Agreement up until the point of cancellation. The Entrepreneur is obligated to calculate these costs in a reasonable, open and transparent manner and will need to provide to the Customer an overview of these costs, if the Consumer would request this.
Article 8 – Exclusion of the right of withdrawal
1. The Entrepreneur can exclude the Right of withdrawal of the Consumer for Product(s) as described in article 4 paragraph 6, article 6 paragraph 2 and 3 and article 7 paragraph 3 and as described in article 11 paragraph 7.
2. Exclusion of the Right of withdrawal is possible for Product(s):
a. that have been established by the Entrepreneur in accordance with the Consumer’s specifications, i.e. that have been changed in their appearance, material(s), color(s), nature or composition.
b. that are clearly personal in nature.
c. that cannot be returned due to their nature
d. that are subject to what is described in article 4 paragraph 6, article 6 paragraph 2 and 3 and article 7 paragraph 3.
e. (part of) Product(s) that cannot be delivered to Consumer because of Force majeur according to article 11 paragraph 7.
Article 9 – The price
1. During the validity period stated in the Offer, the prices of the Product (s) offered are not increased, except for price changes as a result of changes in VAT rates (only if and when applicable to Product(s)).
2. Contrary to the previous paragraph, the Entrepreneur can offer Product(s) with variable prices that are subject to fluctuations in the financial market and over which the Entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the Offer.
3. The Product(s) on the Website are used and are therefore margin Product(s), unless explicitly stated otherwise on the Website and/or in the Offer, Quote or Agreement. The prices in the Offer, Quote and Agreement are therefore (added) VAT-free, unless stated otherwise explicitly.
4. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typing errors, the Entrepreneur is not obliged to deliver the Product(s) at the wrong price.
5.The Price(s) displayed on the Website of the Entrepreneur are always based on local pickup only (at the physical location of the Entrepreneur), without the inclusion of additional costs relating to packaging materials, packaging labor, shipping and transport, administrative fees and/or additional payment fees.
Article 10 – Conformity and Warranty
1. The Entrepreneur guarantees that the Product(s) comply with the Agreement, the specifications stated in the Offer, Quote and/or Agreement, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement . Only when explicitely agreed in written, the Entrepreneur also guarantees that the Product(s) is suitable for other than normal use.
2. Any damage, defects or incorrectly delivered Product(s) must be reported in writing to the Entrepreneur within 3 Days after delivery in accordance with Article 6, paragraph 1.
3. Given the nature of the Product(s) (used), no guarantee is given after purchase unless explicitly stated otherwise in the Offer, Quote and / or Agreement.
Article 11 – Delivery and implementation
The Entrepreneur will take the greatest possible care when receiving and implementing Orders for Product(s), once the Agreement is in place.
2. The Order number and Agreement number are the same however the invoice number will be different.
2. The place of delivery is the address that the Consumer has made known to the company in the Offer, Quote and/or Agreement unless explicitly agreed otherwise.
3. Taking into account what is stated about this in paragraph 4 of this article, the company will execute accepted Agreements into Orders with due speed but at the latest within 30 Days, unless the Consumer has agreed to a longer delivery period. If the Order is delayed, or if an Order cannot or only partially be executed, the Consumer will be notified of this no later than 30 Days after the Agreement has formed. In that case, the Consumer has the right to terminate the Agreement without costs. The Consumer is not entitled to compensation or to compensation for interest (loss).
4. All delivery times are indicative. The Consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the Consumer to compensation or to compensation for interest (loss).
5. In the event of termination in accordance with paragraph 3 of this article, the Entrepreneur will refund the amount that the Consumer has paid via Transaction as soon as possible, but no later than within 14 Days after termination.
6. If delivery of an ordered Product(s) proves to be impossible, the Entrepreneur will endeavor to make a replacement item available to the extent possible. The Consumer must take into account the unique nature of the Product (s), with the possibility that replacement Product(s) cannot be delivered. For replacement items Right of withdrawal can not be excluded.
7. In case of an Ageement at Distance; once the Entrepreneur has send/shipped the Product(s) to Consumer but a situation of loss and/or damage of the Product(s) and/or Force Majeur develops itself, the following applies;
a. If the Product(s) are damaged, lost and/or inable to be delivered to Consumer due to Force Majeur, the Entrepreneur will claim the damage with the shipping company and/or insurance. The Consumer is obligated to report any Force Majeur incident, in writing by letter or email, to the Entrepreneur within 3 days after this has been made known or assumed to have been known by the Consumer.
b. The Entrepreneur is responsible for insuring the Product(s) before shipping against the Purchase value reflected in the Agreement. The customer gives Entrepreneur the necessary time to arrange this process with the shipping company in such a situation. Once coverage has been arranged, the coverage will be refunded to the Consumer by the Entrepreneur. Failure of the Entrepreneur to insure the Product(s) and/or insufficient issued coverage is the risk of the Entrepreneur. In such a situation, the Right of withdrawal is applicable for the Consumer and the Entrepreneur is obliged to refund the Consumer the Purchase value as per Agreement
c. If the Product(s) is/are shipped in multiple consignments, every consignment is insured against its respective partial value of the Purchase value from the Agreement. If the consignments are partially delivered, the Right of withdrawal is only applicable for that part of the Purchase value of the Agreement that was applicable for that part of the consignments for which a Force Majeur situation applies, if the Consumer decides to keep the Product(s) from the consignment(s) that were delivered. For the Product(s) that were delivered without Force majeur the principles of article 6 apply. In short; the Consumer is only allowed a refund for that part of the Purchase value of the Agreement that reflects the consignment(s) that are part of the Force Majeur.
d. In the case of damage resulting from transport of the Product(s), the Consumer needs to let the Entrepreneur know, in writing by letter or email, that delivery of his Product(s) has resulted in damage, and this within 4 days after confirmed reception of the Product(s). In order to enforce claiming the insurance the Entrepreneur needs to receive complaints with regard to damage within the timeframe listed above, otherwise the right to claim compensation for the Consumer becomes void and the Entrepreneur will not be obligated to reimburse and/or compensate any costs related to the damage of the Product(s).
e. The Consumer will commit himself to deliver all requested information by the Entrepreneur in order to prepare the claim with the shipping and/or insurance company resulting from a Force Majeur event, at least by filling out the Damage claim form enclosed below to this document and providing pictures of the damage with visible shipping packaging and shipping label. The Consumer will commit himself to deliver the required information in a timely, correct, truthful and exhaustive manner. The consumer is obliged to cooperate fully in solving a Force Majeur event by timely response to questions and requests of the Entrepreneur. Failure to comply to do so will result in a loss of right of the Consumer to claim the damage with the Entrepreneur.
f. In the event where a shipping and/or insurance company would not (partly) reimburse claims related to the loss and/or damage of the Product(s), for which insurance coverage is in place, for whatever reason given and a situation of Force Majeur would occur, however the Consumer would have a) proven beyond a reasonable doubt that the damage was caused by transport, b) proven beyond a reasonable doubt that damage occurred outside of the realm of control of the Consumer and c) that the Consumer delivered all necessary information in a timely, exhaustive and correct manner to the Entrepreneur, would the Entrepreneur still be liable to reimburse the Consumer for the costs arising from the damage of the Product(s) that wasn’t covered by the insurance. However, if that loss and/or damage was a direct consequence of an (avoidable) mistake, mishandling or negligence by the Consumer, would the Consumer be responsible himself for these costs. Any obligation to compensate loss and/or damage by the Entrepreneur, is only for that (full or partial) amount of the insurance coverage that wasn’t reimbursed by the insurance company.
g. The Entrepreneur has the right to assess the damage to the Product(s) independently based on his own expertise, merit, reasonability and in light of the specific situation, and might adjust the compensation accordingly, as long as this assessment is build up in an objective, truthful and exhaustive manner. If the Consumer does not agree with this assessment he may refer to a course of action described in article 13.
h. If the Consumer assesses damage to be visible on the inside and/or the outside of the packaging of the Product(s) and/or the Product(s) itself at delivery, he needs to refuse signing of on the delivery from the shipping company and immediately inform the Entrepreneur about this as well as to immediately take pictures of the damaged packaging and/or Product(s). The Consumer is obliged to do so, hence failing to comply with doing this would render void the right for the Consumer to claim this damage with the Entrepreneur.
i. If the Product(s) fail(s) to be delivered to the Consumer due to erroneous, partial and/or incomplete information the Consumer gave in conveying the shipping address to the Entrepreneur, the Entrepreneur is not obliged to compensate the Consumer in any way, partly nor complete, and the right for claiming compensation by the Consumer becomes void. The Consumer has the obligation to provide the Entrepreneur with the full, correct and exhaustive shipping address and such is never the responsibility of the Entrepreneur, nor to verify it. The Entrepreneur is not responsible in for checking the validity and correctness of the address the Consumer provided to him. If the Entrepreneur does make a mistake in the labeling of the Product(s) with an erroneous and/or incomplete address and/or other labeling requirements and the Product(s) fails(s) to be delivered as an immediate consequence of this, then the Consumer retains his right to demand reasonable compensation from the Entrepreneur in case of non-delivery.
j. If the Product(s) fail(s) to be delivered and are being send back to the Entrepreneur, the Entrepreneur will contact the Consumer once he received the Product(s) to discuss a new mode of shipment and/or transport for the Product(s) that failed to be delivered. The Entrepreneur is only responsible for damage to the Product(s) and/or loss of (that part of) the Product((s) if the Entrepreneur made a mistake in the shipping address and labeling. In any other instance, the Consumer would be responsible himself for this damage and/or loss, without this leading to a right for compensation with the Entrepreneur. In any case, the Entrepreneur would commit to finding a new mode of shipment for the Product(s), and this in full accordance with the Consumer, whereby the costs for (re)shipping the Product(s) would be born exclusively buy the Consumer, unless the Entrepreneur has made a clear mistake in the shipping address and labeling himself.
k. In case of the settling of a claim for loss and/or damage to a Product(s), the Entrepreneur commits himself to reimburse the compensation to the Consumer, if he is obliged to do so, no later than 4 weeks after which the claim has been concluded and confirmed by the Entrepreneur and/or no later than 4 weeks after the claim has been reimbursed by the Entrepreneur through the shipping and/or insurance company.
l. In case of delivery, once the Consumer signs off for delivery by means of a signature and/or provides any other form of written confirmation of acceptance, it means that they have accepted the condition of the Product(s) as such, regardless of whether the Product(s) have been (un)packed at delivery. In any case, in case of absence of response by the Consumer, it is implied that the Consumer has accepted the condition of the Product(s) as from 3 days after delivery was done. If the Product(s) have been delivered packed, unpacking the Product(s) to verify its condition is always the responsibility of the Consumer self and the decision to do so or not is solely at the discretion of the Consumer. As from the point of acceptance of the condition of the Product(s), the Product(s) have been considered and deemed as in acceptable state and condition. As from this point on the product risk is transferred to the Consumer.