Algemene voorwaarden
Article 1: General provisions
The webshop of BRANVOX with registered office at Boeretang 253, 2400 MOL, VAT BE 1003.494.791 (hereinafter 'BRANVOX') offers its customers the possibility of purchasing the products from its webshop online.
These General Terms and Conditions ("Terms and Conditions") apply to any order placed by a visitor (hereinafter "Customer") to this webshop. When placing an order through BRANVOX'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 terms and conditions.
Article 2: Price
All prices stated are expressed in EURO, always including VAT.
2.1 All prices are subject to printing and typesetting errors, BRANVOX is not obliged to deliver the item according to the incorrect price.
2.2 Adjustments to the design transmitted by the client and not known at the time of the order may result in an adjustment of the initial agreed price and delivery time. BRANVOX cannot be held responsible for delays or exceeding the deadline in this case. Orders already executed are not refundable.
2.3 Additional delivery or postage costs, reservation or administrative costs may be charged. For more info see Art. 5 Deliveries.
2.4 The indication of price refers exclusively to the articles as described in the article itself. The accompanying photos are intended as illustrations and may contain elements that are not included in the price. Colours of articles may differ from the actual colours on the computer screen. This cannot be a reason to return the article.
Article 3: Offers
Online catalogue
Despite the fact that the online catalogue is 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 are not binding to BRANVOX. With regard to the correctness and completeness of the information offered, BRANVOX is only bound by an obligation of means. BRANVOX is in no case liable in case of manifest material errors, typesetting or printing errors.
The Client is aware that the digital representation of colours, materials and images on our website www.branvox.be (hereinafter referred to as the 'Website') are for illustration purposes only (i.e. BRANVOX strives to provide a true representation of the items)
If the Customer has specific questions about e.g. sizes, colour, availability, delivery period or delivery method, we request the Customer to contact our branch in advance at vandepaart@gmail.com.
The offer is always valid while stocks last and can be modified at any time BRANVOX. BRANVOX cannot be held liable for the unavailability of a product. BRANVOX will then do its utmost to offer a similar item to the Customer. If an item has limited stock, this will be explicitly mentioned with the item.
Article 4: Online purchases
4.1 Order procedure
The ordering procedure via our webshop involves a number of clear steps to complete the purchase or order. Each step remains visible and can be changed again if desired.
If you have any questions beforehand, please contact us via branvox@gmail.com before placing or confirming the order and paying the invoice to avoid misunderstandings.
If you wish to place an online order, please proceed as follows:
Stage 1
Go to your desired product and click on 'Add to cart'. The prices shown on the website include VAT. When you have finished shopping, choose 'go to checkout' to place the order and checkout.
Phase 2
You will now enter a new screen where you can enter your details. This is done in a secure environment. Go through the 4 steps here:
- Step 1: check your shopping basket
- Step 2: enter your e-mail address
- Step 3: tick 'I agree to terms and conditions
- Step 4: click on 'Order
- Step 5: choose a shipping method
- Step 6: choose a payment method
- Step 7: check your order one last time. Forgotten something? Then choose the "go back to your shopping cart" link
Once you agree to the order and terms and conditions, tick "I agree to the terms and conditions" and press the "place order" button.
Please note that you can still change your mind until the last moment. However, should you change your mind after this, you may still be able to use the right of withdrawal (see Art 7). We then advise you to contact us as soon as possible so that the goods are not sent out.
Once your order has been placed, we will make every effort to deliver your goods as soon as possible.
4.2 Order conditions
An agreement is concluded, subject to the provisions (further in this article), when the Customer has successfully completed the order procedure and fulfilled the conditions set out therein and has correctly completed the payment of the order. If the payment of the order is made by bank transfer or online banking, in this case the contract shall only be concluded upon receipt of the balance in BRANVOX's account.
If the order was completed entirely via the e-commerce website, with or without using the integrated payment methods, the Customer will receive a confirmation of this immediately via the e-mail address provided by the Customer. If the Customer does not receive an order confirmation within fifteen minutes after completing the order procedure, even in spam folders, the Customer is strongly advised to contact BRANVOX. This can always be done by e-mail or other electronic means of communication offered or by telephone during office hours. As long as BRANVOX does not confirm the receipt of this order An order paid by the Client commits the Client irrevocably and is considered final after acceptance by BRANVOX. Thereupon, BRANVOX will draw up the invoice and send it to the Client by e-mail. Only after receipt of the full invoice amount, the order confirmation is formal for BRANVOX and production will start 24 hours later. The Customer has these 24 hours to dispute the correctness of the order confirmation. Any refusal of an order by BRANVOX, does not give the Client any right to compensation on any grounds whatsoever.
BRANVOX reserves the right to refuse orders that are contrary to good decency (such as hateful or racist designs) If an order is not accepted, the Customer will be informed, stating the reason.
BRANVOX will communicate to the Customer, no later than upon delivery of the product, the following:
- the contact details of BRANVOX where the Customer can address complaints in writing;
- the conditions under which and the way in which the Client can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- the price including all taxes of the product, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- if the Customer has a right of withdrawal, the model withdrawal form.
4.3 Payment options
The Customer has the choice between the following payment methods:
- via Payconiq or bank app on delivery
- via Mollie: Bancontact
- Visa, Mastercard, American Express
- via Paypal
Article 5: Delivery and performance of the agreement
5.1 Delivery methods
- Shipping is carried out by trusted parcel services such as BPost. See always delivery costs!
- Dispatch to an address specified by the Customer. The recipient must be present if the parcel does not fit in his letterbox. In case of absence, the parcel will be made available to Bpost for later collection.
5.2 Delivery periods
Unless otherwise agreed or expressly stipulated, these goods will be delivered as soon as possible and at the latest within 14 days after receipt of the order for goods in stock or will be made available for collection at Bpost's branch or collection point.
The delivery time is estimated as accurately as possible by BRANVOX and communicated to the Customer.
Personalised products are made to measure on an ad hoc basis. Therefore, the delivery time will only be approximate and with a maximum of 14 days after receipt of the order.
5.3 Countries of destination
Shipments for orders handled entirely online via the web shop can be sent worldwide. Deliveries outside Belgium are covered by delivery services other than Bpost. In this case, Branvox will search with the Customer for the most suitable carrier.
5.5 Loss or damage.
Any visible damage and/or qualitative deficiency of an item or any other shortcoming in the delivery must be reported immediately in writing by the Customer to BRANVOX at branvox@gmail.com
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 Client upon delivery to the carrier, if the carrier was instructed by the Client to transport the goods and this choice was not offered by BRANVOX.
5.6 Functioning of home delivery
As both your time and ours are valuable, we ask you to take some factors into account when delivering your order:
- Delivery is made only with full prepayment including shipping costs.
- If the parcel does not fit into the letterbox slot, it must be delivered in person.
Any inability to deliver (e.g. incorrect address given by the Customer) can under no circumstances give rise to cancellation or modification of the sales agreement free of charge. The costs necessary for this additional delivery or delivery attempt shall be borne by the Buyer. BRANVOX is only obliged to deliver after prior and separate transfer of these additional costs.
- Changes: the buyer has the one-time right to ask BRANVOX to postpone this delivery date up to five working days before the agreed delivery date.
Article 6: Retention of title
The delivered items remain the exclusive property of BRANVOX until the moment of full payment by the Client.
The Client undertakes, if necessary, to draw the attention of third parties to BRANVOX's retention of title, e.g. to anyone who would come to seize the items not yet fully paid for.
Article 7: Maintenance
BRANVOX articles are produced with care. Therefore, BRANVOX recommends observing the washing instructions or care instructions. These can be found on the label inside the article. Complaints resulting from improper care of the article cannot be grounds for an exchange.
Article 8: Right of withdrawal
8.1 Right of withdrawal for online non-personalised products
The provisions of this article only apply to Customers who purchase non-personalised items online from BRANVOX.
The Customer has the right to revoke the contract 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 item.
To exercise the right of withdrawal, the Customer must send BRANVOX with registered office Boeretang 253 in 2400 Mol with e-mail address vandepaart@gmail.com and telephone number
+32498 08 32 62 via an unequivocal statement (e.g. in writing by post or e-mail) of his decision to withdraw from the agreement. The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so. If the Customer makes use of this possibility, BRANVOX will immediately send the Customer a confirmation of receipt of his withdrawal by 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 the goods to BRANVOX immediately and in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw to BRANVOX. Boeretang 253 at 2400 Mol. 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 items in their original condition and packaging, with all accessories and instructions supplied with them. If the returned item has diminished in value in any way, BRANVOX reserves the right to hold the Customer liable and claim compensation for any diminished value of the goods resulting from the Customer's use of the goods.
All items for which returns are requested are examined carefully. The basic principle here is that the consumer may only inspect the item as he would be allowed to do in a shop. The labels of the articles must not have been removed. 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 revokes the agreement within the agreed period of 14 calendar days, BRANVOX will refund all payments received from the Customer up to that point, except for the standard delivery costs, to the Customer within a maximum of 14 calendar days after BRANVOX has been informed of the Customer's decision to revoke the agreement. BRANVOX may wait with the refund until it has received all the goods back, or until the Customer has proved that he has returned the goods, whichever comes first.
BRANVOX shall refund 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 shall not be charged for such refund.
8.2 Right of withdrawal for personalised products
The Customer is aware that the legal cooling-off period for (online) purchases expressly does not apply to personalised purchases with BRANVOX
Consequently, the Client does not have the right to abandon the sale (being the legal "right of withdrawal"), as the Product was customised by BRANVOX especially for the Client.
9.Warranty Notification Obligation and Deadline.
The Client is obliged to examine the Products delivered immediately upon delivery for correctness of order, quantity and defects. Visible defects or faults in the item must be reported in writing to BRANVOX by the Customer, under penalty of forfeiture, no later than 5 (five) working days after delivery, using clear photographs. After this expiry period, any delivery must be considered as irrevocably and fully accepted and these defects or shortages can no longer be claimed from BRANVOX. No return will be possible without the written agreement of BRANVOX, which does not imply any acknowledgement.
Hidden defects must, under penalty of cancellation, be reported by the Customer within 2 months of the discovery of the defect (or after it could reasonably have been discovered). Any complaint must be formulated and documented in writing by submitting the invoice and photos. Failing this, the Customer loses its rights. After these deadlines have been exceeded, these defects can no longer be complained to BRANVOX and the Customer cannot claim repair, replacement or compensation from BRANVOX for this.
9.2 legal guarantee
The guarantee on products delivered to the Client is limited to the guarantee BRANVOX is compulsorily obliged by law towards that Client, in particular the guarantee as referred to in Article 1649 bis of the Civil Code.
If, according to BRANVOX, it is established that a product is defective and this has been complained about by the Client in a timely manner, BRANVOX shall replace the item within a reasonable period of time, at the choice of the Client, or take care of repairing the defect. In case of replacement of the product, the Client is obliged to return the product, preferably in its original packaging, to BRANVOX, accompanied by the invoice.
The guarantee (commercial and/or legal) is never applicable to defects caused by accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the user instructions or manual, modifications or alterations to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Are not considered a defect in conformity, as a visible or hidden defect: slight differences in color or texture or discoloration of the article due to use or weather conditions.
Article 10. Liability
10.1 BRANVOX can only be held liable in case of gross fault, gross negligence or intent on the part of BRANVOX. In any case, the liability is limited to compensation for foreseeable, direct and personal damages, and BRANVOX can never be held liable for corporate, consequential and/or indirect damages. BRANVOX is also not liable for damages attributable to acts or omissions of the client or a third party engaged by the client.
10.2 The liability of BRANVOX shall be limited to the amount invoiced by BRANVOX to the Client for the product(s) to which the damage is related. In any case, BRANVOX's liability shall be limited to the limits of its insurance policy.
10.3 Both parties are released from liability when the non-performance is due to force majeure. Is considered as force majeure, any event beyond the control and influence of BRANVOX, but also any event that makes the execution impossible or loss-making, such as for example a production interruption/stop by a supplier.
10.4 All sketches, drawings, samples and designs remain the property of BRANVOX, protected by intellectual rights. When handed over to the customer, they may not be misused, neither by the customer nor by third parties. The client is liable for any misuse and BRANVOX reserves the right to claim damages. This amounts to a minimum of 10% of the initial invoice. At the first request, the above-mentioned documents must be returned in case of misuse.
Article 11: Customer service
BRANVOX customer service can be reached by e-mail at BRANVOX@gmail.com or by mail at the following address: Boeretang 253, 2400 Mol. Any complaints can be addressed to this address.
Article 12: Privacy
BRANVOX respects the Belgian law of December 8, 1992 on the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes: the execution of the concluded agreement, the processing of the order, if the client has given his consent, the sending of newsletters, advertising and/or marketing purposes.
You have a legal right to access and correct your personal data. With proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to BRANVOX. If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To do so, you can always contact BRANVOX at Branvox@gmail.com.
We treat your data as confidential information and will not transfer, rent or sell it to third parties.
Article 13: Use of cookies
During a visit to the site, "cookies" may be placed on your computer's hard drive. 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.
De Zilverberk uses technical "First Party cookies": cookies that are intended to allow the site to function optimally. Eg: settings made by the user during previous visits to the site, or even: a pre-filled form with data that the user has done during previous visits.
De Zilverberk uses technical 'Third Party cookies': cookies that do not come from the website itself, but from third parties, e.g. a present marketing or advertising plug-in. E.g. cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give permission - this can be done via a bar at the bottom or top of the website, referring to this policy, which however does not prevent further browsing on the website.
You can set your Internet browser so 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 through the settings of your browser (via the help function). Please note that certain graphical 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.
BRANVOX keeps online (anonymous) visitor statistics to see which pages of the Internet site are visited and to what extent.
If you have any questions about this privacy statement, please contact us at Branvox@gmail.com.
BRANVOX keeps online (anonymous) visitor statistics to see which pages of the Internet site are visited and to what extent.
If you have any questions about this privacy statement, please contact us at Branvox@gmail.com.
Article 14: Infringement of validity - non-waiver
If any provision of these Terms is declared invalid, illegal or null and void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by BRANVOX to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 15: Proof
The Customer accepts that electronic communications and backups may serve as evidence.
Article 16: Applicable law - disputes
Belgian law applies, with the exception of the provisions of international private law on applicable law.
The courts of the Consumer's domicile have jurisdiction in the event of legal disputes.