General Conditions and Definitions
1.1 These General Conditions are available on request and can also be consulted on www.voncleef.com.
1.2 “SHUTTR”: the private limited liability company, incorporated in accordance with Belgian law, “SHUTTR”, with registered office at Prins Albertlaan 39C, 9100 Sint-Niklaas (Belgium), with company registration number 0847.931.636 and known to the VAT-administration under number BE 0847.931.636, and commercially operating under the name “VONCLEEF".
1.3 “General conditions”: the present general terms and conditions of sale and delivery.
1.4 “Customer”: any natural person or legal entity that buys a product from SHUTTR, places an order with SHUTTR and/or sends a price request to SHUTTR, as well as everyone who buys a product from SHUTTR, places an order with SHUTTR and/or sends a price request to SHUTTR in the name or on behalf of any other natural person and/or legal entity.
1.5 “Consumer”: any Customer who purchases one or more product(s) via the Website for non-professional purposes only, places an order for them or requests a quotation.
1.6 “Website”: the website with url www.voncleef.com.
2. SCOPE OF APPLICATION
2.1 Notwithstanding any communications to the contrary in the past or future, by sending an order to or concluding an agreement with SHUTTR, the Customer accepts that only the following norms apply to all contractual, precontractual and non-contractual legal relationships between SHUTTR and the Customer, both current and future: (in hierarchically descending order, the following in the absence or silence of the foregoing) (1) the written/electronic agreement between SHUTTR and the Customer; (2) the electronic order confirmation sent by SHUTTR; (3) these General Conditions, as published on the Website and (4) Belgian law.
SHUTTR rejects all other standards and conditions, with the sole exception of the conditions that SHUTTR has expressly agreed with the Customer in writing. These deviations expressly accepted in writing are only valid for the agreement to which they relate and cannot be invoked for any other, even similar, agreements.
By using the Website, filling the digital shopping basket on the Website, placing an order and/or concluding any agreement via the Website, the Customer declares to have taken note of and to agree to these General Conditions and all other rights and obligations as set out on the Website. In these cases, the Customer is therefore bound by these General Conditions and the aforementioned rights and obligations.
2.2 These General Conditions do not prejudice the rights that are legally granted to the Customer in accordance with the applicable national regulations regarding consumer protection.
2.3 If one or part of a provision of these General Conditions should be rendered null and void, the rest of the provisions and/or the remainder of that provision shall remain valid. If one or part of the provisions is rendered null and void, SHUTTR and the Customer, as far as possible and according to their own loyalty and convictions, shall negotiate to replace the invalid (part of the) provision with an equivalent provision in the general spirit of these General Conditions.
2.4 If SHUTTR should fail to enforce or apply one or more of the rights listed in these General Conditions, even repeatedly, this can only be considered as tolerating a certain situation and will not result in forfeiture of rights. Such omission can never be considered as a renunciation of these provision(s) and will never affect the validity of these rights.
2.5 SHUTTR reserves the right to amend and/or adjust these General Conditions at any time whatsoever. It is the Customer's responsibility to consult these General Conditions regularly.
3. OFFER, ORDER AND ORDER CONFIRMATION
3.1 All offers on the Website are for information purposes only. SHUTTR may modify or withdraw the offers on the Website at any time. In any event, offers are only valid while stocks last. Obvious mistakes and/or obvious errors in the offer are not binding for SHUTTR. Despite the fact that the Website is compiled with the greatest possible care, it is nevertheless possible that the information offered is incomplete, contains material errors or is not up to date. In no event shall SHUTTR be liable for any material errors, typesetting or printing errors.
3.2 An order can only be placed via the Website.
3.3 The agreement between SHUTTR and the Customer is only concluded after the Customer has placed an order on the Website and has accepted these General Conditions, the prices and the description of the offer.
3.4 SHUTTR reserves the right to refuse orders at all times and without providing any reason thereto.
3.5 Cancellation of an order, before the order has been sent, is only possible at the request of the Customer and after written confirmation from SHUTTR. Cancellation after an order has been sent must be done in accordance with the procedure for withdrawal as provided for in Article 4 of these General Conditions.
4. RIGHT OF WITHDRAWAL AND RETURN
4.1 The Consumer has a right of withdrawal with regard to the products purchased via the Website. On the basis of articles 47-52 of Book VI of the Belgian Economic Law Code, the Consumer has the right to withdraw from the agreement within a period of 14 calendar days without providing any reason thereto. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, acquires physical possession of the product.
4.2 In order to exercise the right of withdrawal, the Consumer must inform SHUTTR shop[at]voncleef.com of its decision to withdraw by means of an unambiguous statement by post or e-mail. For this purpose, the Consumer may also use the model withdrawal form (downloadable on the Website and/or in the confirmation e-mail and sent with the delivery). In order to comply with the withdrawal period, it is sufficient for the Consumer to send his notice of exercise of the right of withdrawal before the withdrawal period has expired.
4.3 The Consumer shall return the products to SHUTTR without delay, but in any event no later than 14 calendar days after the day on which it has notified SHUTTR of its decision to withdraw from the agreement. The Consumer complies with these conditions in good time if he returns the products before the period of 14 calendar days has expired. The direct costs for returning the products shall be borne by the Consumer, unless agreed otherwise. The returned product must be in the same condition as at the time of delivery. In addition, the product must be returned in the original packaging in which the product was shipped, whether or not opened and including all accessories delivered together with the product.
4.4 If the Consumer withdraws from the agreement, SHUTTR shall immediately but no later than 14 calender days after SHUTTR has been informed of the Consumer's decision to withdraw from the agreement reimburse the payments made for the products, including delivery costs (with the exception of any additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard delivery offered by SHUTTR) , taking into account the provisions of Article 11.2 of these General Conditions. SHUTTR will reimburse the Consumer by the same means of payment with which the Consumer executed the original transaction, unless the Consumer has expressly agreed otherwise. In any event, no costs will be charged to the Consumer for such reimbursements, unless any additional costs are incurred as a result of the Consumer's choice of another method of reimbursement. SHUTTR may delay the reimbursement until it has recovered the products and checked their condition or until the Consumer has demonstrated that he has returned the products, whichever is the earliest. Reimbursement of delivery costs by SHUTTR is always made on a pro rata basis. However, if SHUTTR makes use of a flat-rate delivery charge, SHUTTR will not be required to reimburse any delivery charge in the event of a partial withdrawal.
4.5 Under no circumstances does a professional Customer have a right of withdrawal.
5. PRICE AND COSTS
5.1 The prices as indicated on the Website relate only to the products as they are described verbatim. Material and/or accessories not mentioned in the information about a certain product are not included. The accompanying photo is intended for decorative purposes and may contain elements that are not included in the quoted price.
5.2 All prices are in Euro and are inclusive of VAT. Prices do not include any and all import / export duties as well as reservation and / or administration costs, any delivery or shipping costs, accelerated processing of an order (such as express shipping) and / or additional requirements of the Customer (such as adding a message, the packaging of the product, etc.)
Shipping costs are not included. They depend on the value of the total order. During the online ordering process it will be indicated exactly how much shipping costs will be charged.
The chosen shipping method and final shipping costs will also be mentioned on the order confirmation received by the Customer at the time of purchase.
Additional costs associated with the choice of payment by the Customer may be charged by SHUTTR.
5.3 SHUTTR reserves the right to change the prices mentioned on the Website at any time. Nevertheless, the products will be invoiced on the basis of the prices in force at the time the order was placed. Manifest errors, manipulations or mistakes (such as obvious inaccuracies) may also be rectified by SHUTTR after the conclusion of the agreement.
6. DELIVERY OF THE PURCHASED PRODUCTS
6.1 Unless otherwise agreed, deliveries shall be made in accordance with the Incoterm® "Delivered At Place" (DAP) (Incoterms® 2020) to the delivery address provided by the Customer. The transfer of risk of damage, destruction and disappearance relating to the products shall therefore take place at the time of actual delivery. At this time, SHUTTR is also released from its obligation to deliver.
6.2 An order will only be shipped after SHUTTR has received the payment.
6.3 The delivery time is always indicative and is not an essential part of SHUTTR’s obligations towards the Customer. Exceeding the communicated delivery period can never give rise to the payment of any compensation or to the dissolution of the sale between SHUTTR and the Customer. In any event, SHUTTR can never be held liable for delays caused by the Customer or third parties.
Changes to the order will automatically result in the expiration of the predetermined probable delivery periods.
6.4 In case of absence of the Customer upon delivery to the delivery address indicated by the Customer, a message will be left by the transport service in order to contact SHUTTR and the Customer. After contacting the Customer, a second attempt will be made to deliver the products. In the absence of any response from the Customer within five (5) working days after the first attempt to deliver or in the absence of the Customer at the second attempt to deliver, the products will be returned to the registered office of SHUTTR. The costs of the return, as well as the associated costs (such as, but not limited to, taxes, VAT, storage costs, etc.) shall be borne by the Customer. In such a case, the agreement between SHUTTR and the Customer shall be deemed to have been dissolved. Any price already paid by the Customer shall be refunded by SHUTTR, after deduction of the aforementioned return costs and any associated costs.
7. INVOICING AND PAYMENT
- Orders must always be paid in advance by the Customer.
When placing an order, the Customer has the choice between different payment methods
- Bancontact
- KBC/CBC Payment
- Belfius Direct Net
- ING Homoe’Pay
- Paypal
All online payments are processed on behalf of SHUTTR by an external professional and specialised partner. This external partner provides the payment infrastructure which is subject to protection protocols. All online payments are subject to the general terms and conditions of the external partner that manages the payment infrastructure and therefore bears sole responsibility for the correct processing of all online payments.
8. ACCEPTANCE, DELIVERY AND COMPLAINTS
8.1 The Customer shall carry out an initial check immediately on collection and/or delivery of the purchased products. This immediate verification obligation includes (purely illustrative list): quantity, conformity of the delivery, visible defects such as obvious material or manufacturing faults, etc. The Customer must notify SHUTTR in writing (by post or e-mail), within 48 hours after delivery, of immediately verifiable deviations, under penalty of forfeiture of rights, with reference to the correct order number. SHUTTR cannot be held responsible for minimal differences between the display on the Website and the delivered product, such as colour differences due to the settings of your screen.
8.2 Complaints relating to hidden defects in the products delivered must be notified to SHUTTR in writing (by post or e-mail), with reference to the correct order number, within 48 hours as from the discovery of the defect, under penality of inadmissibility. Such complaints can be reported to SHUTTR within the statutory warranty period, however taking into account that SHUTTR cannot be held liable for any loss of quality that may occur due to causes inherent to the nature of the product. SHUTTR undertakes to accept complaints, which have been correctly reported, in any event within 14 calendar days of delivery. Under no circumstances shall SHUTTR guarantee any loss of quality or damage resulting from handling or misuse of the products by the Customer.
8.3 In case complaints regarding non-conformity of the delivery are notified to SHUTTR timely and correctly, SHUTTR will, at its own discretion: (1) (partly) replace the non-compliant or faulty product and/or service; or (2) compensate for the non-compliant or faulty part at the price provided in the written agreement between SHUTTR and the Customer or in absence thereof, at the price provided in the order confirmation by SHUTTR. The Customer acknowledges that these measures, each individually, constitute a complete and adequate compensation of any possible damage resulting from non-conformity of the delivery and accepts that the choice for one of these measures cannot be considered as an acceptance of liability by SHUTTR.
8.4 Under no circumstances may the Customer return products to SHUTTR pursuant to this Article 8 without the prior written consent of the latter. SHUTTR reserves the right to determine the defects and to determine their cause. In this case, the Customer shall return the products concerned to SHUTTR at its own expense and risk within 5 working days as from the date of the request from SHUTTR thereto.
8.5 A possible (partial) replacement of products cannot give rise to the dissolution of the agreement between SHUTTR and the Customer or to any compensation whatsoever.
8.6 The Customer shall indemnify SHUTTR for all costs incurred with regard to unjustified complaints.
8.7 If any complaint from the Customer has not been sufficiently resolved by SHUTTR, the Customer can submit an online complaint to the Online Dispute Resolution Platform of de European Commission.
9. LIABILITY
9.1 Without prejudice to article 8 of these General Conditions, SHUTTR’s liability is limited to the liability imperatively imposed by law, and is under all circumstances limited to the lowest of the following amounts: (1) the respective invoice amount ( VAT included), or (2) the amount of insurance policies taken out by SHUTTR.
9.2 SHUTTR will under no circumstances be held liable for any (1) indirect damages (including loss of profits), (2) direct or indirect damage caused by the Customer and/or third parties regardless of whether caused by error or negligence, (3) damages resulting from incorrect or inadequate use of the purchased products.
9.3 The Customer is exclusively responsible for possible reselling of the purchased products and shall comply with all (statutory and other) obligations related thereto.
10. GIFT CARDS
10.1 The Customer can purchase gift cards via the Website. A gift card can only be used to purchase items from SHUTTR via the Website.
10.2 If the value of the gift card is insufficient for the value of the total purchase, the Customer will make up the difference by means of another payment method. If the value of the gift card exceeds the value of the purchase, the Customer will receive a new gift card for the remaining amount.
10.2 The value of a gift card can never be paid out in cash or in any other form of payment.
10.3 A gift card is valid during a period of 1 year after the purchase date.
10.4 SHUTTR can never be responsible for the loss or theft of a gift card.
11. PROMOTIONS
11.1 Promotional offers, in any form whatsoever (such as, but not limited to, price reductions, discount vouchers, free shipping, etc.), must always be used in accordance with the guidelines, as expressly stated in this respect. In any case, these can only relate to one (1) order, cannot be cumulated and have a personal character.
11.2 In the event that the Consumer exercises the right of withdrawal for products that have been the subject of a promotional offer, SHUTTR reserves the right to recalculate the price of products that have not been the subject of the withdrawal. For example: promotional offer which includes that when product A is purchased, product B can be obtained at half price. The Consumer withdraws product A. In this case, the promotional conditions are no longer met and product B will be charged in full. In that case, SHUTTR will refund the price, in accordance with Article 4 of these General Conditions, after deduction of the additional part still to be paid for Product B.
12. FORCE MAJEURE AND HARDSHIP
12.1 SHUTTR is not liable for any failure to perform its obligations caused by force majeure or hardship.
12.2 In the event of force majeure or hardship, SHUTTR may, at its own discretion, without prior notice of default or judicial intervention being required, and without any right of recourse against SHUTTR: (1) propose to the Customer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) dissolve the agreement between SHUTTR and the Customer out of court.
12.3 For the application of these General Conditions, the following situations shall be regarded as force majeure and hardship (non-exhaustive list): war, natural circumstances and/or disasters, weather damage, fire, seizure, illness, strike, shortage of personnel, exhaustion of stock, breakdown of machinery, epidemics and pandemics, lock-out, exhaustion of stock, high absenteeism due to illness, electrical, computer, internet or telecommunication failures, hacking, decisions or interventions by the government (including refusal or cancellation of a licence), delays in and/or bankruptcy of third parties on whose services SHUTTR relies.
13. SUSPENSION AND DISSOLUTION
13.1 In case the agreement between SHUTTR and the Customer is terminated, whether or not subject to the right as described in Article 12.1 of these General Conditions, the Customer loses the right to require SHUTTR to comply with its obligations under the terminated agreement.
14. INTELLECTUAL PROPERTY
14.1 All parts of the Website such as, among others, the texts, the name “Voncleef”, the layout and graphic design of the web pages, the catalogue, the photos, the images on the Website, as well as the products itself are protected by copyright. SHUTTR is the sole owner or licensor of these intellectual property rights, unless stated otherwise. Any form of copying, publication, imitation or any other use, in any form whatsoever, is prohibited without the prior written consent of SHUTTR.
14.2 Notwithstanding the foregoing, the content of the Website may be copied, reproduced, republished, downloaded, transmitted, broadcasted, indexed, catalogued and distributed, in whole or in part, in any way that increases the awareness of the Website and SHUTTR in a positive way, including via social networks, provided that each representation contains a clear reference to the Website and without prejudice to the possibility for SHUTTR to terminate it at any time.
The right to use the content of the Website is granted to the Customer under the condition that the content will not be modified and all copyright, trademark and other proprietary notices are kept intact.The Customer agrees to all terms, conditions and notices accompanying the content or that are otherwise published on the Website.
15. PERSONAL DATA
15.1 The personal data provided by the Customer will be used and processed in accordance with the Privacy Statement. SHUTTR will transfer this data to the payment provider and transport service for the purpose of processing and delivery of the order.
15.2 The Customer may at any time request access, correction, deletion, restriction, transferability of his data. If the Customer no longer wishes to receive commercial information from SHUTTR, the Customer must inform SHUTTR thereof:
- by mail : Prins Albertlaan 39C, 9100 Sint-Niklaas (Belgium)
- by e-mail: legal[at]voncleef.com
- via the unsubscribe option in those e-mails from SHUTTR.
16. DISPUTES
All possible disputes between SHUTTR and the Customer shall fall under the exclusive jurisdiction of the competent courts of SHUTTR’s registered office, unless SHUTTR elects to bring a dispute before the court of the Customer's registered office or place of residence.
The Consumer may also submit a complaint regarding the purchase of products on the Website to the Online Dispute Resolution Platform ("ODR") of the European Union (Online Dispute Resolution Platform). By submitting a complaint on this platform, the Consumer agrees to want to settle his claim out of court. The Consumer accepts that this provision is purely informative and does not imply any obligation or commitment on the part of SHUTTR as thus the latter would agree to the out-of-court settlement of the Consumer's claim by means of the Online Dispute Resolution Platform.