Consumers have the right to notify Van Hoecke nv that they are cancelling the purchase, without payment of a penalty and without reason within 14 working days of the day following the delivery of the goods or the conclusion of the service contract.

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A. General provisions

1. These conditions apply to online sales and technical services requested online carried out by Van Hoecke nv, (Europark-Noord 9, 9100 Sint-Niklaas, Belgium) to or for consumers.

2. The general conditions set out here shall apply exclusively to all online offers, sales and technical services. Variations are only valid if they are confirmed in writing by Van Hoecke nv.

3. Prices given in written communications from Van Hoecke nv (such as offers and service reports) are binding and include VAT.

4. By entering into a contract with Van Hoecke nv you accept that your personal data will be processed by Van Hoecke nv processed for the acceptance and processing of your order and the general management of the company’s relationship with you. You may at any time invoke your right to view and correct your personal data and the right to refuse free of charge to permit its processing and communication for direct marketing purposes, in accordance with the law of 08/12/92 concerning the protection of privacy in regard to the processing of data of a personal nature.

5. Van Hoecke nv is not liable for any delays in execution or for failure to execute its undertakings because of events outside its normal control ('force majeure'), where Van Hoecke nv itself, its suppliers, or its logistics partners are prevented from meeting the obligations of Van Hoecke nv to you either in whole or in part. In the event of force majeure Van Hoecke nv may not be compelled to meet its obligations to you and shall have the right to suspend its obligations for the duration of the force majeure.

6. Van Hoecke nv is only liable in the event of (i) gross negligence or (ii) wilful misconduct on its part of (iii) gross negligence or wilful misconduct of its agents or appointees or (iv), except in the event of force majeure, the failure to meet an obligation which is fundamental to the contract (and not e.g. in the event of a major error). This exclusion of liability does not apply to the statutory liability of Van Hoecke nv for death or bodily injury to the consumer. Van Hoecke nv is in no instance required to reimburse indirect or consequential losses (such as, but not limited to, loss of income or loss of an opportunity) nor to make reimbursements consequent upon complaints or claims from third parties.

7. Offers, drawings, calculations, descriptions, information and the like supplied by Van Hoecke nv shall at all times remain the property of Van Hoecke nv, even if the associated costs have already been accounted for. Such offers, drawings, calculations, descriptions, information and the like may not be disclosed to third parties without prior written authorisation from Van Hoecke nv.

8. In the event of non-payment of any invoice within the terms agreed Van Hoecke nv shall automatically and without prior notice have the right to claim interest at the base legal rate from the due date.

9. In the event of dispute only Belgian law is applicable, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

10. If a provision or part of a provision of the present general conditions is declared null and void, this nullity shall not affect the validity of the remainder of that provision (as far as possible) or to other provisions.

 

B. Sales

11. If the sale comes about through an online purchase or order, you have the right to notify Van Hoecke nv that you are cancelling the purchase, without payment of a penalty and without reason within 14 working days of the day following the delivery of the goods or the conclusion of the service contract.  Your notification should be sent in writing or on a durable medium to Van Hoecke nv before this period elapses. You must return the item purchased within 14 working days of your notification that you are exercising this right to return to Van Hoecke nv (Europark-Noord 9, 9100 Sint-Niklaas, Belgium) at your own risk and expense. The selling price for the item for which the right to return was invoked under the conditions of this article 11 will be refunded by Van Hoecke nv within 30 days following your notification invoking the right to return. Van Hoecke nv also reserves the right, where necessary, to reduce the purchase price paid by you and to be reimbursed by Van Hoecke nv by any costs of return for which you are liable.

12.1. On conclusion of the contract with Van Hoecke nv the manner of supply of the purchased item and the relevant conditions are determined.  Depending on your contract with Van Hoecke nv this may be: (i) collection from Van Hoecke nv, (ii) despatched to the address indicated by you or (iii) delivery and any installation by Van Hoecke nv of the item at delivery address indicated by you.

12.2. If the purchased item is to be collected by you, it will be available at Van Hoecke nv, Europark-Noord 9, B-9100 Sint-Niklaas, on the delivery date as specified on the purchase agreement. The purchased item may only be collected within fourteen working days from this agreed delivery date against payment in cash or by Bancontact during the business hours of Van Hoecke nv (Mon-Thurs: 08.00 – 12.00 and 13.00 – 17.00; Fri: 8.00 – 12.00 and 13.00 – 16.30): You are wholly responsible for the costs of collection.

12.3. If the item purchased is to be despatched, unless agreed otherwise Van Hoecke nv or one of its logistics partners will deliver it to the delivery address indicated by you within 30 days of your order and after receipt of the payment in full of the price of the item purchased (including delivery costs) by Van Hoecke via bank transfer to ING account number IBAN BE19 393-0060936-12 in the name of Van Hoecke nv.

12.4. If the item purchased is to be delivered (whether or not to be installed), Van Hoecke nv or one of its logistics partners will deliver it to the delivery address indicated by you within 30 days of your order and after receipt of the payment in full of the price of the item purchased (including delivery costs) by Van Hoecke via bank transfer to ING account number IBAN BE19 393-0060936-12 in the name of Van Hoecke nv or against payment in cash or by Bancontact at the time of delivery.

12.5. From the time of delivery of the goods you bear the risk of damage or loss. The goods remain the property of Van Hoecke nv until the total price for them has been paid. 

12.6. Except in the event of your exercising your right of return under article 11, Van Hoecke nv has the right, in the event of a failure to (i) collect the item purchased in good time in accordance with article 12.2 or (ii) in the event of a failure to take delivery or its being impossible to install the goods delivered to you by Van Hoecke nv or by one of its logistics partners, to terminate the contract at your expense, without prejudice to the right to claim damages, and without prejudice to the right to charge you storage costs (for storage in Van Hoecke nv warehouses and/or elsewhere).

13. In Belgium, you benefit from a statutory warranty for two years calculated from the delivery of the goods in question. This guarantee does not affect your statutory rights as a consumer as regards purchases of consumer goods under the relevant national legislation. This guarantee covers only non-compliance which already exists at the time of delivery of the goods. During the two years Van Hoecke nv undertakes to replace or repair defective goods purchased (or parts thereof) in accordance with the legal provisions. Contact Van Hoecke nv to discuss the practical aspects. Notification should be made of any defect at the earliest opportunity and in any event within two months of its being observed; any right to repair or replacement will lapse after that time. Defects which emerge after a period of 6 months has elapsed from delivery are not considered to be present at the moment of delivery unless you can produce evidence to the contrary. Recovery or replacement under these provisions will result only in the suspension (and thus never the renewal) of the original warranty. If the guarantee period is suspended under this provision, then the period of suspension shall start the day following that on which the consumer sent the item to the seller for repair and end on the day on which that item is returned after repair or a replacement is made available by Van Hoecke nv for use, or where relevant on the day on which a mutual agreement was reached. The warranty is never applicable to defects which result from, inter alia, accidents, deterioration caused by negligence, falls, use of the goods contrary to the purpose for which they were designed, failure to follow the instructions for use or manual, alterations or changes to the goods, heavy-handed use, incorrect installation by you or a third party, bad maintenance, abnormal, commercial or incorrect use.

 

C. Technical services

14. If the item purchased was installed by Van Hoecke nv or by a third party, Van Hoecke nv may be contacted for technical service (repairs, new installation, etc.)

15. After a technical service by Van Hoecke nv, Van Hoecke nv will draw up a service report for you. Except as determined in article 13, by signing the service report you declare that either (i) the service was carried out correctly or (ii) further service is necessary and you confirm in all respects the accuracy of the account which will subsequently be invoiced.

16. If the technical service is performed for goods which were supplied and/or installed by a third party, Van Hoecke nv shall not in any instance be liable for defects in those goods and/or their installation. 

 

D. Complaints

17. Any complaints should be addressed to us at:

Van Hoecke nv

Europark-Noord 9

9100 Sint-Niklaas

Belgium

+32 (0) 760 19 00

info@vanhoecke.be