1. Identity of the seller
- The Cookware Company Europe BV
- Address: Antoon Catriestraat 12, 9031 Drongen, Belgium
- Customer Service e-mail address: email@example.com
- VAT number: BE 0635.907.452
- Website: www.moodsathome.com
2. Scope and terms
- These general terms and conditions of sale apply to any offer made, in respect of the products offered for sale on the website, to the end consumer, i.e. a natural person who acquires or uses the goods or services exclusively for non-professional purposes.
- To place an order you must be over 18. If you are under 18, you must get your parents or legal guardian to place the order for you. We have the right to refuse any order that we find has been placed by a minor.
- If special terms and conditions also apply in addition to these general terms and conditions of sale, the above provisions shall also apply to these special terms and conditions. In the event of conflict between these general terms and conditions of sale and the special terms and conditions, the special terms and conditions shall take precedence.
- The placing of an order and the acceptance of these general terms and conditions by ticking the confirmation box as part of the check-out process shall be considered as a binding acceptance of these general terms and conditions of sale.
3. Offer and order
If an offer has a limited validity or is subject to certain conditions, this will be expressly mentioned in our offer.
- Product availability: the products on sale are those that appear on the website on the precise day and at the precise time of the buyer’s visit to the website. We shall make every effort to satisfy your orders. We shall not be liable under any circumstances for loss or damage arising from the unavailability of a product. If a product that is the object of a confirmed order is unavailable, you will be notified of the full or partial cancellation of your order by e-mail. If you are notified of the unavailability and the amount has already been debited from your bank account, this will be refunded as soon as possible after the cancellation date of your order.
- We will always provide a description of our products and the order procedure in good faith. We are not liable for errors that may occur in the descriptions of the products or the order procedure. We shall, wherever possible, correct any errors that are brought to our attention in writing, as quickly as possible. If the delivered product does not meet your expectations, you can return it, following the procedures described in CLAUSE 9.
- To buy a product, you need to put the product of choice into your shopping basket. You can complete your order as directed, via the shopping basket. Your purchase is finalised once you receive an order confirmation.
- We reserve the right to amend our prices at any time. In any case, such changes will not affect your order. The products will be invoiced based on the price applicable at the time of your order.
- The prices on our website are quoted in euro and, unless otherwise stated, include VAT, administration costs and all other services. They do not include transport and shipping, which are quoted separately during the completion of your purchase. These are also itemised in CLAUSE 6.2.
- Payment can only be made on the website using the payment methods shown as available. These are visible during the completion of your purchase.
- If you are paying with a credit or debit card, your order is only complete – and the contract between us final – once we have received confirmation from the card issuer. We cannot be held liable for delivery delays and/or for the non-delivery or your order as the result of the refusal from your card issuer to effect payment. Orders not accompanied by a valid payment in the name of the cardholder will not be accepted or processed.
- To guarantee the safety of your online payment and your personal data, The Cookware Company takes appropriate technical and organizational measures to secure the electronic transfer of data and provides a secure web environment. If the consumer pays electronically, The Cookware Company shall observe appropriate security measures to that end.
6. Delivery and performance
All products will be delivered to the address that you gave when you placed your order online, according to the procedures set out therein. Only one delivery address can be given per order (which may contain one or several products). You are bound by the information you gave during your order. We cannot be held liable for the consequences of the provision of incorrect details. The products ordered can only be delivered to addresses in Belgium, The Netherlands, Luxembourg.
- Delivery prices are as follows: € 5.90, over 30 euros free shipping
- Our delivery terms are maximum 15 business days. If a product cannot be delivered within this delivery deadline, you will receive a product refund as soon as possible for the amount we received including the delivery costs for the product in question.
- Risks associated with loss, theft or damage of the products shall be borne by you from the moment the products are delivered.
- On the day the package leaves the storage depot, you will receive a track & trace number via e-mail, which will allow you to track your package online. The order confirmation will give the details of the delivery charges and VAT. Delivery will be accompanied by a delivery note that lists the products ordered.
- Your order will be presented to you or any other person present at the delivery address you give. We are not liable for loss or damage of any kind that might result from the receipt of your order by anyone else at the delivery address. If nobody can take delivery of your order on the delivery date, the courier will leave a message for you. This document gives the postal address where you can collect your products, and/or a telephone number so that you can agree a delivery date with the carrier. Your products will be available for collection for 14 days after the delivery date. After this date you will no longer be able to collect the products and we reserve the right to destroy or resell them. No refunds will be issued in this instance under any circumstances.
- You shall check whether the quality and quantity of the delivered products matches your order. A complaint for visible defects and/or non-compliant deliveries must be submitted by e-mail to our customer services department no later than five (5) days after delivery. If such notification has not been received within five (5) days of delivery, you will lose the right to submit a complaint on the grounds of visible defects. Our customer services department will tell you what steps you need to take to return the goods. In any event, goods can only be returned subject to our prior written confirmation. This CLAUSE 7.1 does not affect CLAUSE 7.3.
- You also benefit from a statutory warranty, as provided for in the applicable national legislation.
- Any complaint relating to non-conformity must be submitted by e-mail to our customer services department within two (2) months of establishing the non-conformity. If such notification has not been received within two (2) months, you will lose the right to submit a complaint on the grounds of non-conformity. Our customer services department will tell you what steps you need to take to return the goods. In any event, goods can only be returned subject to our prior written confirmation.
- If a delivered product shows any defects, and on condition that the procedure was followed according to this CLAUSE 7, we shall replace the product. If replacement is not possible, or is no longer possible, we shall refund all amounts received, including the delivery costs for the products in question.
- We cannot be held liable for loss or damage or any other problem resulting from incorrect use of the products. In that respect, you shall comply with the information provided by the producer on or in the product packaging.
- Our liability cannot be invoked for inconveniences and disadvantages inherent to the use of the internet, in particular an interruption in service, an external intrusion or the presence of computer viruses.
- Subject to the limitations specified in mandatory provisions (for example in the event of total or partial non-performance or inadequate performance of any of our contractual obligations) and without prejudice to any warranties (legal or commercial) that apply for the ordered products, we will only be liable for direct loss or damage. We will never be liable for indirect or consequential loss or damage.
- If we are liable for any loss or damage, our liability shall always be limited to the amounts received including delivery charges in connection with your orders for which we are being held liable.
9. Right of withdrawal
- You have a period of 14 days to withdraw your order, without giving any reason for your decision. The 14-day withdrawal period shall begin on the day on which you or a third party other than the carrier, in accordance with ARTICLE 6.6, takes physical possession of the product.
- You must notify us of your decision to withdraw before the withdrawal period mentioned in CLAUSE 9.1 has expired. To do so, you can use the model form attached to these general terms and conditions of sale, which must be sent to the e-mail address or postal address stated on the form. Or by sending an email to firstname.lastname@example.org mentioning in the email subject ‘Return order’ and your order number.
- We will refund you the amounts we received, including delivery costs. The refund will be made using the same method of payment that you used for the initial transaction, except where you expressly agree to a different method of payment. The refund will completed within 14 days starting from the day on which we have been informed of your decision to withdraw from the contract. The refund can however be withheld until we receive the goods or until we receive proof that the goods have been sent back, whichever is the earliest.
- Once you have informed us of your decision to cancel, you can return the products, together with the delivery note, to the address stated on the model form within 14 business days of the notice of your decision to cancel the order. After this 14-day deadline we can no longer accept returns.
- The products must be used with due care during the cancellation period and only to the extent necessary to establish the nature, characteristics and functioning of the goods. You shall (only) be liable for any decrease in the value of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and functioning of the goods. The products must be returned at your expense and in the original packaging complete with all accessories, including the instructions for use and the delivery note.
- Any products that are returned for which the withdrawal procedure was not followed will not be accepted and will not be refunded. If there is evidence of repeated improper returns, we reserve the right to refuse any further order.
10. Force majeure
- In the event of force majeure we are absolved from our obligations. In such an event we have the option to suspend our obligations during the situation of force majeure.
- Circumstances reasonably beyond our control shall be considered a force majeure event, including but not limited to any event such as: natural disaster, war, insurrection, riots, economic sanctions, fire, flood, extreme weather conditions, explosion, epidemic, terrorism, labour dispute, strike, employer’s strike or any other form of collective action or conflict, as well as any circumstance that may impede the normal production, dispatch or carriage of products, and other similar situations that may affect us, our subcontractors, our suppliers or our carriers.
11. Protection of privacy
12. Complaints handling and dispute resolution
- If you wish to file a complaint about our products or services, please contact us by e-mail at email@example.com. We will endeavour to handle your complaint within two (2) business days.
- Any contract concluded with our customers is governed by Belgian law.
- As a consumer, you also enjoy the protection of mandatory provisions of your country of residence. Nothing in these terms and conditions affects your rights as a consumer to rely on these mandatory provisions of local law.
- For alternative dispute resolution, there is also the EU Commission's platform for alternative online dispute resolution (ODR). More information about alternative online dispute resolution and how to submit a complaint can be found on the EU Commission’s website: http://ec.europa.eu/consumers/odr/.
13. Amendments to the general terms and conditions of sale and severability
- We reserve the right to amend these general terms and conditions of sale on the website at any time, without notice. The applicable version of these general terms and conditions of sale will be published on the website from the date the change takes effect. The general terms and conditions of sale that are in force at the time of your order will, in any event, apply to your order.
- If any one or more of the provisions contained in these general terms and conditions of sale is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provision.
MODEL FORM: RIGHT OF WITHDRAWAL
|The Cookware Company Europe BV|
|Address: Henry Fordlaan 62, 3600 Genk|
|Email address: firstname.lastname@example.org|
Information about the customer
|Phone number||Email address|
|Example: I hereby inform that I would like to exercise my right of withdrawal in respect of the following products and services (include information about the relevant product(s)/services).|
Products received (date)
Signature (only if submitting in paper format)