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General Conditions for Distance Selling

1 Definitions

  • Entrepreneur / Company: Non-Consumer: the natural or legal person in a sustained manner with economic objective as well as his associations.
  • Consumer: the natural person who doesn’t act in the exercise of a profession, business or merit.
  • Products: goods and services, immovable property, rights and obligations.
  • Goods: all physical movable properties.
  • Service: any service performed by an enterprise as part of its professional activity or in the performance of its statutory purpose.
  • Goods loosely sold: goods that are not pre-packaged and which are measured or weighted for the customer.
  • By piece sold goods: goods that cannot be fractionated without losing their nature or quality.
  • Conditioned goods: goods which have undergone fractionation, weighing, counting or measurement, even during the manufacturing process, whether or not followed by packaging and with the aim that operation superfluous in the sale offer.
  • Pre-packaged goods: the conditioned goods packed before sale to be offered regardless of the nature of the packaging, which properly wholly or only partially, but in such a way that the contents cannot be altered without opening or changing the package.
  • Withdrawal period: the period during which the consumer can use his right of withdrawal.
  • Right of withdrawal: the ability for the consumer within the grace to waive the distance agreement.
  • Day: calendar day
  • Customer: anyone, both consumer as non-consumer, a sales agreement terminating the entrepreneur.
  • Durable data carrier: any medium that the consumer or entrepreneur enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.

2 Identification of the entrepreneur

Borms cvba
Fabriekstraat 70
B-9200 Dendermonde
Belgium

T: +32 52 415100
F: +32 52 415101
This email address is being protected from spambots. You need JavaScript enabled to view it.

Opening and contact hours:
Monday: 13:00 - 18:00
Tuesday to friday: 8:00 - 12:00 en 13:00 - 18:00
Saturday: 9:00 - 16:00

Registered at the Crossroads Bank of Entrepreneurs under the number BE 0439.170.171.

Bank account number: IBAN: BE11 1430 8741 1148 - BIC: GEBABEBB

3 Acceptance of the General Conditions

Any order and/or price request applies as acceptance by the Customer of our General Conditions. An order and/or price request at distance can only be placed on www.borms.eu.

Accepting the General Conditions creates a legal agreement between two parties. Both undertake herein resulting rights and obligations to respect and abide. The use of http://www.borms.eu is entirely subject to the General Conditions.

Before the distance agreement is concluded, the General Conditions for Distance Selling is made available for the Customer in the language in which the products are offered and in the language of the system software in which the sale is  to the sale is established.

The Customer may not invoke the fact that he chosen a language not sufficient to control for not being applicable for one or more conditions to invoke.

All parties accept in the context of their relations electronic evidence (eg e-mail, backups, digital tracking of shipping services ...)

4 Scope

These General Conditions concern the contractual relationships between users of the website and the company http://www.borms.eu Borms cvba, through the aforementioned website that offers the products by distance selling.

The general conditions are applicable to every remote offer from the entrepreneur and on any agreement reached at a distance between Entrepreneur and Customer.

In an electronic remote agreement the General Conditions made available electronically to the Client on an in such a way that it can be stored in a simple way by the consumer on a durable medium. If this is not reasonably possible, the General Conditions for Distance Selling on request of the Customer electronically be sent free of charge.

When in addition to these General Conditions for Distance Selling there are also specific product conditions, the Customer may in case of conflicting terms always rely on most favorable provision for him.

Unless written and expressly otherwise agreed, the Entrepreneur made only distance contracts with customers within Belgium or Customers in a country with legislation that the rights of the Entrepreneur not limit or duties are not spread over the Belgian law.

The entrepreneur may modify or extend the General Conditions for Distance Selling at any time.

5 Offer

The offer is always subject to availability and/or as long as the product for the entrepreneur in his vendor remains available. All deals valid for as long as they are listed on the public area of the website.

If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.

The offer includes a complete and accurate description of the products offered for sale at distance. The description is sufficiently detailed to allow a proper assess the products by the consumer made possible.

The offer includes a complete and accurate description of the products offered for sale at distance. The description is sufficiently detailed to allow a proper assess the products by the consumer made possible.

Each offer contains such information that the Customer is clear what the rights and obligations to the acceptance of the offer are attached. This concerns in particular:

  • Product price (including VAT, taxes, duties, contribute or any other amount that is imposed by the government).
  • Possible cost of delivery.

The customer is responsible for any assembly, installation and/or activation of the delivered product.

6 Agreement

The agreement is subject to the provisions of "Acceptance of General Conditions", concluded at the moment of acceptance by the Consumer of the offer and meet the corresponding conditions.

If the Customer has accepted the offer electronically, the Entrepreneur shall immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance hasn’t been confirmed, the Client may terminate the contract.

If the agreement is created electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the Entrepreneur appropriate safety precautions.

The entrepreneur can - within the law - inform the consumer whether to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the Merchant under this investigation was justified to not make an agreement, he is entitled and motivated to refuse the order or implement the special attached conditions.

The Entrepreneur will by the product to the consumer the following information, written or in such an accessible manner that it can be stored by the consumer on a durable medium, enclose:

  1. the office address of the establishment of the Entrepreneur where the consumer can lodge complaints;
  2. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information on existing after sales service and guarantees;
  4. the in "Identification of the Entrepreneur 'of these terms and conditions, unless the Entrepreneur already provided the consumer prior to concluding the contract;
  5. the requirements for termination of the contract if the contract has a duration of more than one year or of unspecified duration.

If the entrepreneur is committed to delivering a range of products or services, the provision in the above list only applies to the first delivery.

7 Right of withdrawal

The right of withdrawal concerns the legal right under the Consumer Sales law at a distance according to the law of 6 April 2010 on market practices and consumer protection, and shall apply only to contracts with consumers.

7.1 Right of Withdrawal with delivery of Goods

When purchasing products, the consumer can cancel the contract without giving any reason to cancel within seven working days. This period starts on the day following receipt of the product by or on behalf of the Consumer.

During this period, the Consumer shall handle the product and its packaging with care. He will only unpack or use the product as necessary to judge whether he would prefer to retain it. If he use his right of withdrawal, he shall  transport the product at own responsibility with all accessories and - if reasonably possible - return in their original state and packaging to the Entrepreneur, according with reasonable and clear instructions.

7.2 Right of withdrawal on delivery of Services

When providing services, the consumer can cancel the contract without giving any reason within seven working days, starting on the day of entering into the agreement. 

To use his right of withdrawal, the consumer must contact the Entrepreneur with the offer and/or final delivery with reasonable and clear instructions.

7.3 Costs in case of withdrawal

The right of withdrawal is legally free of charge.

The returning costs itself are for the account of the consumer.

The Entrepreneur shall, after receipt of the returned goods, repay the already amount as soon as possible to the account from which the payment has been made. The sum paid by the Buyer will be refunded without interest and/or other compensation.

With inability to repay the amount excused by the Consumer, can be collected at the registered office of the Entrepreneur in the days listed in ‘Identification of the Entrepreneur' and except annual and public holidays.

The sum paid by the Buyer will be refunded without interest and/or other compensation.

7.4 Exclusion of right of withdrawal

Following products are under the Law of 6 April 2010 on Market Practices and Consumer Protection expressly excluded from the right of withdrawal.

Goods excluded from the right of withdrawal:

  • Prepared by / for the Entrepreneur have been established in accordance with specifications of the Consumer.
  • Clearly of a personal nature.
  • Which by their nature can not be returned.
  • That rapidly decay or become obsolete.
  • Whose price depends on fluctuations in the financial market on which the Entrepreneur has no influence.
  • For individual newspapers and magazines.
  • For audio and video recordings and computer software that the consumer has broken the seal.

Services excluded from the right of withdrawal:

  • On accommodation, transport, catering or leisure to carry on a certain date or during a certain period.
  • The supply with the express consent of the consumer, before the waiting period has expired.
  • On betting and lotteries.

8 Price

The listed price includes VAT, taxes, duties, contributions, recupel or any other amount that is imposed by the government.

The indicated prices can always change. If an order is placed, this Agreement applies to the price applicable at the time of ordering.

Increase after the formation of the contract are permitted if they are the result of legal regulations or provisions.

The listed price doesn’t include any shipping and handling fees.

With the product listed shipping costs are indicative. Although the Entrepreneur must do everything in its power to keep it current, these shipping costs can change suddenly outside his will and ability.

9 Payment

The Customer may pay his orders by bank transfer or deposit to the account of the Entrepreneur as detailed under 'Identification of the Entrepreneur'.

Unless expressly agreed otherwise in writing, payment must be done before the delivery and/or shipment of the products.

10 Conformity and warranty

The Entrepreneur warrants that the products meet the agreement, in the mentioned specifications, with reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.

An Entrepreneur, manufacturer or importer as a guarantee scheme doesn’t affect the rights and claims that the consumer in respect of a breach of the obligations of the Entrepreneur due Entrepreneur can make under the law and/or the distance agreement.

An extension of warranty and/or service by the manufacturer or importer does not create any additional obligations to the Entrepreneur far.

11 Delivery and execution

The Entrepreneur will be the utmost diligence to the acceptance and implementation of orders and products in assessing applications for the provision of services.

The place of delivery is the address that the Customer has notified to the Entrepreneur.

Subject to what is mentioned elsewhere in the Terms and Conditions for Distance Selling, the company accepted orders expeditiously but within 30 days, unless a longer delivery has been agreed. If the delivery is delayed, or if an order is not or only partially executed, the Consumer receive a message latest one month after the order was placed. The consumer in this case has the right to terminate the contract without cost.

In case of termination in accordance with "Right of withdrawal" the Entrepreneur will repay the amount to the consumer as soon as possible but not later than 30 days.

If delivery of an ordered product seems impossible, the Entrepreneur will endeavor to provide a replacement item available. Before the delivery is done, the Customer will be notified on a clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can’t be excluded. The cost of return shipment shall be borne by the Entrepreneur when the replacement item is shipped without prior approval of the Customer.

The risk of damage and/or loss of products rest until the moment of delivery from the consumer by the Entrepreneur, unless otherwise expressly agreed.

12 Duration Transactions

The Customer can make an agreement for indefinite period of time and denounce at all times the applicable termination rules and a notice of not more than one month.

A contract for a definite period has a maximum duration of two years. If it’ agreed that there’s a silence agreement, the consumer distance agreement will be renewed, the contract will be continued as a contract for an indefinite period and will continue after the notice of the agreement up to a month.

13 Payment

Unless otherwise expressly agreed, the amounts owed by the consumer must be fulfilled before shipment of the goods or in case of a contract to provide a service, within 14 days after issuance of relating to this agreement.

If payment is agreed, the Consumer may not assert any rights regarding the execution of the order or service(s), before the advance payment has been made.

The Consumer has the duty to inaccuracies in the supplied or specified payment immediately to the Entrepreneur to report.

In case of nonpayment by the consumer, the operator subject to legal restrictions, to charge the right to reasonable costs to the consumer.

14 Complaints 

Complaints will be addressed in writing at the under 'Identification of the Entrepreneur' reported coordinates.

Complaints about the execution of the agreement should take place promptly, fully and clearly described and submitted to the Entrepreneur, after the Customer has discovered the defects.

Complaints made by the Entrepreneur will answered within a period of 14 days after receipt. If a complaint is a foreseeable longer processing time, the Entrepreneur must respond within the period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.

15 Severability

If an article of these conditions is declared invalid, this invalidity doesn’t affect the validity of the other articles.

16 Additional or different terms

Additional or different terms and conditions shall not be detriment of the Customer and must be recorded in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium.

17 Retention of title

Delivered goods remain the property of the Entrepreneur until full payment of the price, including all costs and charges, interest and fees are paid. The Entrepreneur reserves the right not (fully) paid to take back goods of law and at the expense of the Buyer.

18 Dispute

The agreement in its entirety is governed by Belgian law. All disputes fall under the jurisdiction of the courts of Dendermonde.

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