Company details
De Liefste
Stephanie Smans
Lieven Heerstraat 21, 2400 MOL
+32(0)498.54.74.66
RPR (Antwerp) 0740824533 VAT BE0740.824.533
Article 1: General provisions
The e-commerce site of Deliefste.be, a sole proprietorship with registered office at Lieven Heerstraat 21, 2400 MOL, BE0740.824.533, RPR (Antwerp) 0740824533, (hereinafter “Deliefste.be”) only offers the opportunity to its «customers» to buy products from its online store.
By «Customer» is meant a consumer, that is to say any natural person who acts for purposes outside his trade, his business, his craft or his profession. and any natural person carrying out a professional activity independently;
- any legal person;
- any other organization without legal personality;
- any unincorporated organization that has no distribution object and that does not actually distribute to its members or to persons who exercise decisive influence over the policies of the organization;
- any legal person governed by public law which does not offer goods or services on a market;
- the federal state, regions, municipalities, provinces, assistance zones, pre-zones, the Brussels agglomeration, municipalities, multi-municipal areas, inter-municipal territorial authorities, the French Community Commission, the Flemish Community Commission, the Common Community Commission and public welfare centres.
These conditions («Conditions») apply to any order placed by a «Customer» of Deliefste.be, being an e-commerce site.
When placing an order via the e-commerce site of Deliefste.be, the Customer must explicitly accept these conditions, thus accepting the applicability of these conditions, to the exclusion of all other conditions.
The Customer’s additional conditions are excluded, except when they have been accepted in advance, in writing and expressly by Deliefste.be.
Article 2 : Price
All prices indicated are expressed in euros, always including VAT and all other duties or taxes which must be borne by the Customer. The latter only insofar as this customer is a resident of the European Union. If there are any charges for delivery, reservation or administration, this will be shown separately.
The price indication only refers to items as described verbatim. The attached photos are decorative and may contain items that are not included in the price.
Article 3 : Offer
Despite the fact that the online catalogue and the e-commerce website are put together with the utmost care, there is always the possibility that the information provided is incomplete, contains material errors or is not up to date. Obvious errors, errors in the offer or cases of force majeure do not bind Deliefste.be. Deliefste.be is only bound by an obligation of means with regard to the correctness and completeness of the information provided. Deliefste.be is in no way responsible for any obvious material errors, composition or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact our customer service first.
The offer is always valid while stocks last and can be adjusted or withdrawn at any time by Deliefste.be. Deliefste.be cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online orders
After placing your order, you will receive an automatically generated email with the confirmation of your order. If an item is no longer in stock, you will be notified within two working days. Orders (and changes or additions to orders placed online) may be accepted by phone, email, Facebook or other media.
The Customer can choose between the following payment methods:
– by credit card
– by bank card
Deliefste.be is entitled to refuse an order due to:
a serious deficiency by the Customer with regard to the orders in which the Customer is involved; – force majeure.
Article 5: Delivery and contract execution
Items ordered via this online store are only delivered in Belgium. Delivery takes place via Sendcloud.be within 2 weeks.
Unless otherwise agreed or expressly indicated otherwise, the goods will be delivered to the Customer’s domicile within 14 days after receipt of the order.
Expenses
- Free if order greater than € 139
- Orders less than € 139 = € 9,50
Any visible damage and/or qualitative defect of an article or other delivery defect must be immediately reported by the Customer to deliefste.be via hallo@deliefste.be.
The risk of loss or damage is transferred to the Customer as soon as the latter – or a third party designated by him, who is not the carrier – has physically received possession of the goods. However, the risk is already transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods, and this choice of carrier has therefore not been made by deliefste.be.
Article 6: Retention of title
The delivered items remain the exclusive property of deliefste.be until full payment by the Customer.
The Customer undertakes:
- in the event of executive and/or conservatory attachment, bankruptcy, apparent insolvency;
- collective debt settlement, appointment of an administrator, business continuity law or other similar measures;
- to immediately notify third parties of the retention of title on the basis of deliefste.be, and within 24 hours by email to:
- hallo@deliefste.be
Deliefste.be always reserves the right, if necessary, to register its retention of title in the “Pledge Register”, which is kept by the General Administration of Patrimonial Documentation of the federal public service of Finances.
Article 7 : Right to retract
The provisions of this article apply only to Customers, as defined in article 1 of these general conditions, who purchase articles online on deliefste.be
If the right of withdrawal applies:
The Customer has the right to terminate the contract within 14 calendar days without giving any reasons.
The withdrawal period expires 14 calendar days after the date on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the goods.”;
To exercise his right of withdrawal, the Customer must inform unambiguously deliefste.be, Lieven Heerstraat 21, 2400 MOL, hallo@deliefste.be, (by registered letter or by e-mail) of his decision to terminate the contract. The Customer can use the attached withdrawal form for this, but is not obliged to do so.
The Customer can also electronically complete and send the withdrawal form or other clearly formulated statement via our website – www.deliefste.be.
If the Customer uses this option, we will immediately send them a confirmation of withdrawal on a durable medium (for example by e-mail)».
To meet the withdrawal period, the Customer must send his communication relating to the exercise of his right of withdrawal before the expiry of the withdrawal period.
The customer must return or hand over the goods immediately, but in any case no later than 14 calendar days after the day on which he notified deliefste.be of his decision to cancel the contract, to De Liefste, Lieven Heerstraat 21, 2400 MOL.
The Customer is on time if he returns the goods before the expiration of the period of 14 calendar days. The direct costs of returning the goods will be borne by the Customer.
The direct costs of returning the goods will be borne by the Customer.
Costs are estimated at a maximum of around 10 EUR.
The Customer is requested to return the items in their original condition and packaging, with all supplied accessories and instructions for use. If the returned product is in any way reduced in value, De Liefste, Lieven Heerstraat 21, 2400 MOL reserves the right to hold the Customer liable and claim a compensation for any decrease in value of the goods resulting from the use of goods by the Client which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
All returned items are carefully examined. The starting point is that the consumer can only inspect the item as they would be allowed to do in a store. Returned items can be installed, but cannot have been used. When an item has suffered a depreciation due to the use of the Customer, this will be invoiced to the Customer.
If the Customer cancels the contract, De Liefste will reimburse all payments received from the customer up to that time, including standard delivery costs, within a maximum period of 14 calendar days after De Liefste has been informed of the customer’s decision to cancel the contract.
In the case of sales contracts, De Liefste can wait with the refund until he has collected all the goods, or until the customer has demonstrated that he has returned the goods, whichever comes first.
Additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by De Liefste will not be refunded.
De Liefste reimburses the Customer with the same method of payment as that with which the customer carried out the initial transaction, unless the customer has expressly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
- agreements by which the customer specifically requests De Liefste
- to visit him to carry out urgent repairs or maintenance;
- agreements concluded at a public auction;
Article 8 : Warranty
Under the law of September 21, 2004 on consumer protection during the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
To assert the warranty, the Customer must be able to present 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 De Liefste customer service and return the item at his expense to De Liefste, Lieven Heerstraat 21, 2400 MOL.
If a defect is found, the Customer must inform De Liefste as soon as possible. In all cases, any defect must be reported by the Customer within 2 months of its discovery. Thereafter, any right to repair or replacement expires.
The warranty never applies to defects occurring as a result of accidents, negligence, falls, use of the article contrary to the use for which it was designed, non-compliance with the instructions of use or manual, adjustments or modifications of the article, intensive use, poor maintenance or any other abnormal or incorrect use.
Defects which become apparent after a period of 6 months following the date of purchase, or, of delivery, are deemed not to be hidden defects, unless the Customer proves the contrary.
Article 9 : Force majeure
Force majeure in these general conditions, in addition to what is understood in this regard in law and case law, on the part of deliefste.be means any circumstance beyond the control of deliefste.be, foreseeable or not, which prevents compliance with the Permanent or Temporary Contract, as well as, to the extent that this is not already included, riots, strikes, boycott, obstruction, sabotage, fire, lightning strike, machine failure, malfunction, delay in transport and other transport disruptions, delay in the supply to deliefste.be of goods or services ordered from third parties, and/or changes in laws and regulations as a result of which the execution of the Contract can no longer be reasonably expected from deliefste.be.
If deliefste.be cannot fulfil its contractual obligations due to a case of force majeure, the period of execution of its contractual obligations will be extended by the same duration that it was faced with the aforementioned force majeure.
In the event that performance of the Contract is prevented due to a case of force majeure, deliefste.be is entitled to suspend the performance of the Contract for a maximum of 4 (four) weeks without judicial intervention, or to dissolve the Contract in whole or in part, without deliefste.be being obliged to pay compensation.
Article 10 : Customer service
Deliefste.be customer service is available every working day from 10:00 a.m. to 5:00 p.m. on telephone number +32 498 54 74 66 or by e-mail to hallo@deliefste.be or by mail to the following address Lieven Heerstraat 21, 2400 MOL.
Any complaint can be addressed there.
Deliefste.be has approved the regulation of the UNIZO e-commerce label. This regulation is available at https://www.unizo.be/uw-webshop-juridisch- waterproof-grace-the-unizo-e-commerce label, where you can also go to settle complaints or disputes amicably through the UNIZO complaints procedure.
Article 11 : Penalties for non-payment
Without prejudice to the exercise of other rights of which Deliefste.be has, in the event of non-payment or late payment from the date of default, the Customer is liable to pay interest of 10% per year on the amount unpaid by application of law and without notice. In addition, the Customer is legally bound to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Deliefste.be reserves the right to take back items that have not been (fully) paid for.
Article 12 : Privacy
The controller, Deliefste.be complies with the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes: the execution of the concluded contract, the processing of the order and the sending of newsletters.
You have a legal right to inspect and, if necessary, correct your personal data. On presentation of proof of identity (copy of the identity card), you can obtain free written notification of your personal data via a written, dated and signed request to De Liefste, Lieven heerstraat 21 – 2400 MOL, hallo@deliefste.be. If necessary, you can also request incorrect, incomplete or irrelevant data to be corrected.
In case of use of data for direct marketing: You can object to the use of your data for direct marketing. For this you can always contact De Liefste, Lieven heerstraat 21 – 2400 MOL, hallo@deliefste.be.
We treat your data as confidential information and will not transmit, rent or sell it to third parties.
Deliefste.be keeps (anonymous) statistics of online visitors in order to see which pages of the website are visited to what extent.
If you have any questions regarding this privacy statement, please contact us at hallo@deliefste.be.
Article 12 : 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 placed by a website’s server in your computer’s browser or on your mobile device when you visit a website. Cookies cannot be used to identify people, a cookie can only identify a machine.
«First-party cookies» are technical cookies which are used by the visited site itself and which aim to make the site function optimally. For example: the settings that the user has made during previous visits to the site, or: a form pre-filled with the data that the user has made during previous visits.
Les «third-party cookies» are cookies that do not originate from the website itself, but from third parties, for example an existing marketing or advertising plug-in. For example cookies from Facebook or Google Analytics. For such cookies, the site visitor must first consent
– this can be done via a bar at the bottom or at the top of the site, with reference to this policy, which does not however prevent you from continuing to surf the site.
You can configure 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 your browser settings (via the help function). Keep in mind that some graphic elements may not appear correctly or you will not be able to use certain applications.
By using our website you agree to our use of cookies.
Article 14: Violation of validity – non-waiver
If any provision of these Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and enforceability of the other provisions.
The failure at any time by Deliefste.be to assert one of the rights listed in these Conditions, or to exercise any right thereof, will never be considered as a waiver of such provision and will never invalidate these rights.
Article 15: Modification of conditions
These conditions are supplemented by other conditions to which it is explicitly referred and by the general conditions of sale of Deliefste.be. In case of conflict, these general conditions will prevail.
Article 16: Evidence
The Customer accepts that electronic communications and backups can serve as proof.
Deliefste.be has approved the regulation of the UNIZO e-commerce label. A copy of these regulations and access to the UNIZO complaints procedure are available via https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e- commercelabel.
Article 17: Applicable law – Disputes
Belgian law applies; as well as the provisions of private international law with regard to the applicable law, insofar as Belgium is a contracting party.
The courts of the consumer’s place of residence are competent for disputes. The Consumer can also turn to the ODR platform
(http://ec.europa.eu/consumers/odr/).
Deliefste.be has approved the regulation of the UNIZO e-commerce label. This regulation is available at https://www.unizo.be/uw-webshop- juridisch-watertight-grace-the-unizo-e-commerce label, where you can also go to settle complaints or disputes amicably through the UNIZO complaints procedure.
ANNEX 1: MODEL FORM WITHDRAWAL
Dear Customer, you should only complete and return this form if you wish to cancel the contract.
To De Liefste, Stephanie Smans, Lieven Heerstraat 21 – 2400 MOL
I/we (*) hereby share that I/we (*) revoke our agreement regarding the sale of the following goods/provision of the following service(s) (*):
Ordered on (*)/received on (*):
Name(s) of the Consumer(s): Address of the Consumer(s):
Signature of the consumer(s) Date:
(*) Delete unnecessary mentions.
