Terms and conditions
Belgunique BVBA, whose registered office is at Vuurdoornstraat 1 2200 Herentals, RPR Antwerpen, BTW BE 0661.980.854.
Article 1: General provisions
The e-commerce website van Belgunique BVBA, whose registered office is at Vuurdoornstraat 1 2200 Herentals, RPR Antwerpen, BTW BE 0661.980.854, offers its customers the possibility to purchase products from its webshop.
1. Belgunique BVBA uses the “Drop-Shipping model” whereby Belgunique BVBA is the intermediary between the Customer and the Producer of the goods, and whereby Belgunique BVBA itself has no products in stock.
Belgunique BVBA offers these Belgian producers a platform where their products can be promoted and sold. De producers are independent concerns that are themselves responsible for the delivery of the products. At no time does Belgunique BVBA own and possess the products offered, except in the case of the Customer's return of the product after the Customer's correct and timely revocation of the agreement.
The products sold by Belgunique BVBA originate only from designers domiciled in Belgium (producers). These products are designed and produced locally in Belgium. However, if the producer makes the product wholly or partly abroad, Belgunique BVBA cannot be held liable for this.
Belgunique BVBA devotes the greatest possible care to the selection of producers. However Belgunique BVBA cannot guarantee that the producer's products meet the expectations of the Customer. Belgunique BVBA cannot be held in any way responsible for any harm or damage arising from the use of the products. For such claims, the Customer must contact the producer of the relevant products. If the Customer has a claim on a producer, the Customer may inform Belgunique BVBA.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through the Belgunique BVBA webshop, the Customer must expressly accept these Terms, by which he agrees with the applicability of these Terms, to the exclusion of all other terms. Additional terms and conditions of the Customer are excluded, except where they have been previously accepted explicitly and in writing by Belgunique BVBA.
Belgunique BVBA has the right to change these terms and conditions from time to time. The changed terms and conditions will apply as soon as they are published on the site. The terms and conditions can always be checked via the link on the Belgunique BVBA website.
Belgunique BVBA has the right to exclude users from any use of the website in the event of abuse or disrespectful acts, or any action in conflict with the law, public policy and these terms and conditions. Exclusion shall not prejudice Belgunique BVBA's right to take legal action and/or to recover damages from the user in question.
Article 2: Price
All the prices stated are expressed in EUROs, and always include VAT and all other taxes and duties payable by the customer.
If there are delivery, reservation or administrative charges, this will be stated separately.
The price specified only refers to the written description of the products. The associated photographs are for illustrative purposes only and may include elements and items that are not included in the price.
Article 3: Offer
The offer contains a complete and accurate description of the products offered, to enable a proper assessment to be made. The images used by Belgunique BVBA are a true representation of the products being offered. Obvious errors or mistakes in the offer, or through the functioning of the website are not binding on Belgunique BVBA. If an offer has a limited validity, for example an action, or has additional (return and shipping) terms, this is explicitly stated by the seller.
Despite the fact that the online catalogue and the e-commerce website has been compiled with the utmost care, it is nevertheless possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious errors or mistakes in the offer are not binding on Belgunique BVBA.
When the Customer has specific questions about, for example, sizes, colour, availability, delivery dates or delivery method, we ask the Customer to contact our customer service in advance, or to contact the Producer directly through the "customer messaging system" on the website.
The offer is valid as long as the stock lasts and may be modified or withdrawn at any time by Belgunique BVBA or by the manufacturer of the product. Belgunique BVBA cannot be held liable for the unavailability of a product. If an offer has a limited validity or if certain conditions apply, it will be explicitly stated in the offer.
All copyrights, trademark rights and all other intellectual property rights relating to the Belgunique BVBA website, including texts, images, design, software, formats and domain names shall be exclusively held by Belgunique BVBA.
Users are strictly forbidden to duplicate the Belgunique BVBA website or any part thereof or to make it available without the explicit and prior permission of Belgunique BVBA.
The liability of Belgunique BVBA for its obligations on the grounds of an agreement concluded with the Customer is limited to the sum the Customer has paid for the product from which the relevant damaging event originated.
Article 4: Purchasing online
The payment for a product can only be made to Belgunique BVBA.
- How the ordering process for the webshop works (the various steps to conclude the contract), and
- a description of the ordering procedure.
The Customer has the choice between the following methods of payment
- via credit card
- via bank card
Belgunique BVBA has the right to refuse an order due to a serious deficiency of the Customer with relation to orders concerning the Customer.
Article 5: Delivery and execution of the agreement
Because Belgunique BVBA uses the “Drop-shipping model” Belgunique BVBA has no stock of its own and Belgunique BVBA functions as an intermediary between the Customer and the producer.
After the receipt of the order, the acceptance of the general conditions and payment by the Customer, Belgunique BVBA will convey the order to the producer within 24 hours.
Unless otherwise agreed or expressly provided for, the goods will be delivered to the Customer's address within the time described following receipt of the order. Because Belgunique BVBA works with different producers that offer different sorts of products, the delivery time varies from product to product.
At Belgunique BVBA one can buy from several producers at the same time. If the customer purchases multiple products from one producer, the shipping costs will be a maximum of the highest amount of shipping costs in the customer's shopping basket If the customer purchases multiple products from different producers, the shipping costs will be a maximum of the highest amount of shipping costs in the customer's shopping basket. Thus the customer does not pay shipping costs for each product. Products are shipped by the producer within the agreed time period, unless otherwise specified on the product page or otherwise agreed (for example with personalised products).
Products are shipped by the producer within the time period described on the product page, unless otherwise agreed (for example with personalised products). In some cases, the products are of such a size that the products can be collected from the Producer by appointment. This is clearly stated with the product. In that case the Customer can contact the producer via the “customer messaging system” on the website to discuss arrangements for collection.
If a product takes longer to arrive than the agreed time period, the Customer can contact Belgunique BVBA. Belgunique BVBA will then contact the producer of the goods ordered.
Without prejudice to Article 7 of these conditions, the Customer can cancel an order as long as the producer has not yet sent it to the Customer. If the Customer wishes to cancel an order then the Customer must contact Belgunique as soon as possible by registered letter or e-mail. When cancellation of the order is still possible (thus when the Producer has not yet sent the goods ordered to the Customer) then Belgunique will repay the total amount of the order (the price of the product including shipping costs) to the Customer within 8 working days.
Belgunique BVBA can never be held liable for the delivery date being exceeded.
After the producer has delivered or sent the product by post, the producer will notify Belgunique BVBA. Belgunique BVBA will in its turn inform the Customer that the order will be delivered or sent by post.
Any visible damage and/or quality deficiency of an article or any other deficiency in the delivery must be immediately reported to Belgunique BVBA.
The risk with respect to loss or damages shall pass to the Customer from the moment that the Customer (or a third party other than the carrier and indicated by the Customer) acquires physical possession of the goods. However the risk shall pass to the Customer upon delivery to the carrier, if the carrier was commissioned to carry the goods by Customer, and that this option was not offered by the producer and/or Belgunique BVBA.
Article 6: Retention of title
The delivered articles remain the exclusive property of the Producer up until the moment of full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of the retention of title of the producer, eg. to anyone who would seize the items not yet fully paid for.
Belgunique BVBA uses the “Drop-Shipping model” whereby Belgunique BVBA is the intermediary between the Customer and the Producer of the goods, and whereby Belgunique BVBA itself has no products in stock, Belgunique BVBA is at no time the owner of the goods and Belgunique BVBA cannot bear any liability in this regard.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who buy articles online from Belgunique BVBA in their capacity as consumer.
The Customer has the right to revoke the agreement within a period of 14 calendar days without giving any reason.
The withdrawal period shall expire 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, the Customer must inform Belgunique BVBA of the decision to withdraw by an unequivocal statement such as a registered letter, e-mail or the return form on the website.
To comply with the withdrawal period, the Customer must send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must send back or hand over the goods to the Producer without undue delay, but not later than 14 days after the day that the decision to withdraw from the agreement was communicated to Belgunique BVBA.
The Customer meets the deadline if the goods are sent back before the period of 14 days has expired.
The Customer will have to bear the direct cost of returning the goods.
If the returned product is in any way reduced in value, Belgunique BVBA reserves the right to hold the Customer liable and demand damages for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will only accept returns that are in their original packaging, together with all accessories, user manuals and an invoice or proof of purchase.
If the Customer withdraws from the agreement correctly as described above, Belgunique BVBA will pay back to the Customer all the payments received from the Customer up to that point, and if applicable, including standard delivery costs, within a maximum of 14 calendar days after Belgunique BVBA has received the goods returned by the Customer.
Any extra costs as a result of the Customer's choice of delivery other than the cheapest standard delivery provided by the manufacturer and / or Belgunique BVBA will not be refunded.
Belgunique BVBA pays the Customer back by the same means of payment with which the Customer has made the original transaction, unless the Customer has expressly agreed otherwise; In any case, the Customer will not be charged for such repayment.
The Customer cannot exercise the right of withdrawal for:
- the supply or provision of goods or services whose price is subject to fluctuations in the financial market on which Belgunique BVBA or the producer have no influence and which may occur within the withdrawal period;
- the delivery of goods manufactured according to the Customer's specifications, or which are clearly intended for a specific person;
- the delivery of goods that spoil quickly or have a limited shelf life;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature inseparably mixed with other items;
Article 8: Guarantee
Under the law of 21 September 2004 regarding the protection of consumers, those consumers have certain legal rights when purchasing consumer goods. This legal guarantee is valid from the date of delivery to the first owner. Any commercial guarantee leaves these rights intact.
To be able to claim through the guarantee, the customer must be able to submit proof of purchase. Customers are advised to keep the original packaging of the goods.
For articles purchased online and delivered to the Customer at home, the Customer must contact Belgunique BVBA and return the article to Belgunique BVBA at their own expense.
In the case of a defect, the customer must inform Belgunique BVBA as soon as possible by registered letter, e-mail or using the form on the website. In any case, any defect must be reported by the Customer within a period of 2 months after its detection. Thereafter there shall be no further entitlement to repair or replacement.
The guarantee does not apply to defects that occurred as a result of accidents, negligence, falls, use of the article for other purposes than for which it was intended, failure to comply with the operating instructions or user manual, changes or modifications made to the article, heavy-handed usage, bad maintenance, or any other abnormal or incorrect usage.
Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects unless the customer can provide evidence to the contrary.
Article 9: Customer service
The Belgunique BVBA customer service is accessible by telephone +32 495 24 27 81, by e-mail at firstname.lastname@example.org or by post at the following address: Muggenberglei 233, 2100 Deurne. Any complaints can be directed there.
Article 10: Penalties for non-payment
Regardless of the exercise of other rights held by Belgunique BVBA, in the event of late or non-payment the Customer is from the date of the default, legally and without notice, subject to an interest rate of 10% per annum on the unpaid amount. Furthermore, the customer will also legally and without notice incur a fixed penalty of 10% on the amount in question, with a minimum of € 25 per invoice.
Notwithstanding the foregoing, Belgunique BVBA reserves the right to take back articles not (fully) paid for.
Article 11: Privacy
The controller, Belgunique BVBA respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal details
The personal details you provide will only be used for the following purposes: the implementation of the completed agreement, the processing of the order, sending newsletters, advertising and / or marketing purposes.
You have the legal right to examine and to correct your personal data. Subject to proof of identity (copy of the user’s identity card), you can, via a written, dated and signed request to Belgunique BVBA, receive a written statement of your personal details free of charge. If necessary, you may also request that any information which is incorrect, incomplete or irrelevant be changed.
In the case of use of details for direct marketing: You can oppose the use of your details for direct marketing free of charge. For this purpose, you can always contact Belgunique BVBA.
We treat your details as confidential information and will never pass them on, rent or sell them to third parties, with the exception of the manufacturer of the product ordered by the Customer who, among others, must provide for the delivery of the product to the Customer.
The Customer is responsible for the confidentiality of their log-in details and the use of their password. Your password is stored in encoded form, so Belgunique BVBA has no access to your password.
Belgunique BVBA keeps online (anonymous) visitor statistics to see which pages of the website are visited, and to what extent.
If there are queries regarding this privacy statement, the Customer can contact Belgunique BVBA about it.
During a visit to this website cookies can be placed upon the hard disc of the Customer's computer. A cookie is a text file that is installed in the browser of your computer or mobile device by a website's server when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
'First party cookies' are technical cookies that are used by the visited site and whose purpose is to make the site function optimally. For example: Settings made by the user during previous visits to the site; a previously filled-in form with data that the user has made during previous visits.
'Third Party cookies' are cookies that don't come from the website itself, but from third parties, for example A present marketing or advertising plug-in. eg. cookies from Facebook or Google Analytics. For cookies such as these, the visitor to the site must first give permission - this can be done using a bar at the bottom or top of the website, referring to this policy, which does not prevent further browsing on the website.
The Customer can configure their internet browser so that cookies are not accepted, and that the Customer receives a warning every time a cookie is installed or that the cookies are afterwards removed from the Customer's hard disc. The Customer can do this by means of the browser settings (via the help function). The Customer must take into account that certain graphics may not appear correctly, or that the Customer will not be able to use certain applications.
Belgunique BVBA does not offer any guarantees with regard to the functioning of the Belgunique BVBA website. Furthermore, Belgunique BVBA is entitled at all times to make changes in its website.
Article 13: Deficiency of validity - Non-waiver
If any provision of these Terms is declared invalid, unlawful or voided, this will not in any way affect the validity, legality and applicability of the other provisions.
Failure at any time by Belgunique BVBA to enforce the right of one of these Terms, or to use the rights of any of them, will never be seen as a waiver to these terms and will never affect the validity of these rights.
Article 14: Amendments to the conditions
These Conditions may be supplemented by further conditions from Belgunique BVBA where an explicit reference is made. In the event of conflict, the present Conditions take precedence.
Article 15: Proof
The customer agrees that electronic communications and backups can be used as evidence.
Article 16: Applicable law - Disputes
Belgian law is applicable, with the exception of the Terms of the International Privacy law concerning applicable law.
The courts of the place of residence of the Customer have jurisdiction in the event of legal disputes.