General terms & conditions

Effenso bv

Registered office:
Moerbosstraat 30A, B-8793 Sint-Eloois-Vijve
Tel +32 499 29 57 04
[email protected]

Warehouse:
Moerbosstraat 30a
8793 Sint-Eloois-Vijve (Waregem)
Tel +32 56 60 85 38
[email protected]

TVA BE 0894.230.429

 

Article 1: General provisions

The e-commerce website of EFFENSO, a limited liability company with registered office at Moerbosstraat 30A, 8793 Sint-Eloois-Vijve, VAT BE 0894.230.429, offers its customers the opportunity to purchase the products from its webshop online.


These General Terms and Conditions ("Conditions") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through EFFENSO's webshop, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by EFFENSO.

 

Article 2: Price

All prices stated are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The stated price refers exclusively to the articles as described verbatim. The accompanying photos are for decorative purposes and may contain elements not included in the price.

 

Article 3: Offers

Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind EFFENSO. As to the accuracy and completeness of the information offered, EFFENSO is only bound by an obligation of means. EFFENSO is under no circumstances liable in case of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about e.g. sizes, colour, availability, delivery period or method of delivery, we request the Customer to contact our customer service department in advance.

The offer is always valid while stocks last and can be modified or withdrawn by EFFENSO at any time. EFFENSO cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

 

Article 4: Online purchases

The Customer can choose between the following payment methods

by credit card
by bank card
by bank transfer

EFFENSO is entitled to refuse an order due to a serious deficiency of the Customer with regard to orders involving the Customer.

 

Article 5: Delivery and execution of the agreement

Articles ordered through this web shop are delivered in EU countries - other countries possible by arrangement.

Delivery is made by the carrier - depending on the destination and/or volume this may be a different carrier. The customer receives a track-and-trace number on which the transport can be followed.

Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.

Any visible damage and/or qualitative deficiency of an article or other shortcoming in delivery must be reported by the Customer to EFFENSO without delay, and this within 48 hours after delivery.

The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not offered by EFFENSO.

 

Article 6: Retention of title

The delivered goods remain the exclusive property of EFFENSO until full payment by the Customer.

The Customer undertakes, if necessary, to inform third parties of EFFENSO's retention of title, e.g. to anyone who would come to seize the items not yet fully paid for.

 

Article 7: Right of withdrawal

The provisions of this article apply only to Customers who purchase items online from EFFENSO in their capacity as consumers.

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, the Customer must inform - EFFENSO, Moerebosstraat 30A, 8793 Sint-Eloois-Vijve, tel: 0499295704, e-mail: [email protected] - of its decision to withdraw from the agreement by an unequivocal statement (in writing by post or e-mail).

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to EFFENSO warehouse A, Moerbosstraat 30A, 8793 Sint-Eloois-Vijve, without delay, but in any event no later than 14 calendar days from the day on which he communicates his decision to withdraw to EFFENSO. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Customer.

The Customer is requested to return the goods in their original condition and packaging, with all accessories and instructions supplied with them. The Customer should always store the goods indoors to avoid damage due to the greenhouse effect of the goods in plastic packaging. If the returned product is reduced in value in any way, EFFENSO reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods resulting from the Customer's use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

All returned items will be carefully examined. The basic principle here is that the consumer may only inspect the item as he would be entitled to do in a shop. Returned articles must not have been used. If an article has suffered a decrease in value due to the Customer's use, this will be charged to the Customer.

If the Customer withdraws from the agreement, EFFENSO will refund all payments received from the Customer up to that point, excluding delivery costs, to the Customer within a maximum of 14 calendar days after EFFENSO is informed of the Customer's decision to withdraw from the agreement. In the case of sales agreements, EFFENSO may wait with the refund until it has received back all the goods.

EFFENSO will reimburse the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such reimbursement.

The Customer cannot exercise the right of withdrawal for:

the delivery of goods manufactured according to the Customer's specifications ( customisation to order ), or which are clearly intended for a specific person

If payment was made by credit card, an administrative fee of 1.5% with a minimum of 2.50 euros will be charged after revocation by the Customer, which will be deducted from the refund of the amount paid.

 

Article 8: Warranty

Under the Act of 21 September 2004 on the protection of consumers in the sale of consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact EFFENSO customer service and return the item to EFFENSO at his expense.

If a defect is discovered, the Customer must inform EFFENSO as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. Afterwards, any right to repair or replacement expires.

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the user instructions or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase and, if applicable, delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.

 

Article 9: Customer Service

EFFENSO customer service can be reached on telephone number +32 499 29 57 04, by e-mail at [email protected] or by post at the following address: Moerbosstraat 30A – 8793 Sint-Eloois-Vijve. Any complaints can be addressed here.

 

Article 10: Sanctions for non-payment

Without prejudice to the exercise of other rights available to EFFENSO, in the event of non-payment or late payment, the Customer shall automatically and without notice owe interest of 10% per year on the unpaid amount from the date of the default. In addition, the Customer is legally liable and without notice to pay a lump sum compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, EFFENSO reserves the right to take back items that have not been (fully) paid for.

 

Article 11: Privacy

The controller, EFFENSO, respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.

The personal data you provide will only be used for the following purposes: executing the concluded agreement, processing the order, sending related newsletters and advertising or marketing campaigns.

You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card), you can obtain written notification of your personal data free of charge via a written, dated and signed request to EFFENSO. If necessary, you can also request that the data that is incorrect, incomplete or not pertinent be corrected.

In case of use of data for direct marketing: You can object to the use of your data for direct marketing free of charge. To this end, you can always contact EFFENSO – [email protected]

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so EFFENSO has no access to your password.

EFFENSO keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.

If you have any questions about this privacy statement, you can contact us at [email protected].

 

12: Use of cookies

During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

'First party cookies' are technical cookies that are used by the visited site itself and that aim to ensure that the site functions optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.

'Third Party cookies' are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. E.g. cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give consent - this can be done via a bar at the bottom or top of the website, with reference to this policy, which, however, does not prevent further surfing on the website.

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

 


Article 13: Affect of validity - non-renunciation

If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by EFFENSO to enforce any of the rights listed in these Terms and Conditions, or to exercise any right thereof, will never be considered a waiver of such provision and will never affect the validity of these rights.

 

Article 14: Changes to conditions

These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to and the general terms and conditions of sale of EFFENSO. In the event of any contradiction, these Terms and Conditions shall prevail.


Article 15: Evidence

The Customer accepts that electronic communications and backups can serve as evidence.

EFFENSO has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to UNIZO's complaints procedure is available via https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel

 

Article 16: Applicable law – Disputes

Belgian law applies, with the exception of the provisions of private international law regarding applicable law.

The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).

EFFENSO has endorsed the Regulations of the UNIZO e-commerce label. These regulations are available at https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel  where you can also settle complaints or disputes out of court via the UNIZO complaints procedure

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