GENERAL
1. Seller
Ecobello has its registered office at 3582 Koersel, Pastorijstraat 2 and is registered in the Crossroads Bank for Enterprises (CBE) under number 0502.879.276. The VAT number is BE 0502.879.276 ("Seller").
2. Application
The contractual relationship between the seller and the buyer is governed only by these terms and conditions, which expressly confirm by the purchase that he/she has read, understood and accepted these general terms and conditions prior to the purchase. All our deliveries are therefore subject to the following terms and conditions of sale. Any deviation from this must be agreed in writing and expressly accepted by the seller. Tacit acceptance of the invoice constitutes acceptance of the general terms and conditions of sale.
The buyer confirms to have taken note of these general terms and conditions before the presentation of the products is started.
3. Offers and acceptance of the order
All our offers are without obligation. We are only bound by an order after it has been confirmed by us in writing or after we have started the execution. As far as the prices and conditions are concerned, they only bind us for the duration stated in the offer. In the absence of this mention, they can be changed unilaterally by us at any time.
The commitments entered into by our representatives are only valid after written confirmation by the company. Our representatives are not authorized to collect accounts, unless they are expressly authorized to do so in writing.
Each order implies the acceptance of our terms and conditions by the customer or the buyer.
The sales outside the companies to the private buyer-consumer will be the subject of a written agreement drawn up in as many copies as there are contracting parties.
4. Delivery
Products are only delivered in the countries for which the website allows delivery. The delivery of products will take place as far as possible within the time indicated in the individual order confirmation.
The communicated delivery times are not binding and therefore only indicative. Deliveries will only take place after receipt of payment.
Delays in the delivery of goods cannot give rise to compensation for the benefit of the buyer or to the right to terminate the purchase agreement by the buyer, except in the event of intentional delay.
The seller will have the right to make partial deliveries and to invoice accordingly.
Incorrectly communicated delivery addresses are the responsibility of the buyer and will incur additional costs at the expense of the buyer.
Transport and any insurance costs are always at the expense of the customer. Unless otherwise stipulated, our prices do not include the costs for the transport and delivery of the goods to the Buyer. The costs of transport and delivery are communicated separately.
In the event of non-delivery of the goods, any sums paid by the Buyer will be refunded without interest or other compensation.
The risk related to the products passes at the time of sale. Any transport or shipment is entirely at the expense and risk of the buyer.
5. Retention of title
Until full satisfaction of all claims arising for the buyer from the sales agreement, including all costs and charges, default interest and fees, the delivered goods remain the exclusive property of the seller and can be reclaimed by the seller in the event of late payment without prior summons or notice of default, by operation of law and at the expense of the Buyer.
6. Complaints
Complaints regarding invoices are only valid if they were made by registered letter within 8 calendar days of receipt thereof and this under penalty of forfeiture.
The buyer will check the goods immediately upon receipt. Any damage or visible defects are covered by the acceptance of the goods, unless the buyer makes his complaints known to the seller by registered mail within 8 days after delivery, and this under penalty of forfeiture.
The buyer must report all complaints, if the defects were hidden, to the seller within one month from the day on which the defect was discovered by means of a registered letter, and this under penalty of forfeiture.
The buyer must enable the seller, under penalty of forfeiture, to conduct a proper investigation, which implies that the buyer brings in the delivered product in an undamaged state (except in the event of damage) and in the original packaging. The goods/products may not have been processed or treated.
If after investigation it appears that the product is defective, a free repair or replacement will take place. If this is not possible, the buyer is entitled to an appropriate price reduction.
Our products may not be returned or exchanged without written permission.
7. Warranty
Our guarantee is limited to the guarantee for hidden defects and the guarantee in case of consumer purchase, both provided for in the Civil Code.
We are only responsible for damage that is the result of intent or gross negligence. We are not liable for general or special indirect damage, of whatever nature, suffered by the Buyer.
8. Right of withdrawal
In the context of distance selling to consumers who fall within the scope of the Law of 14 July 1991, the consumer has the right to inform the seller that he renounces the purchase, without payment of a fine and without giving any reason within fourteen working days from the day following the delivery. If the consumer invokes this possibility, he must return the goods to Ecobello, Pastorijstraat 2, 3582 Koersel, Belgium. Goods that are specifically designed for the Buyer or that can spoil quickly will not be taken back and the Buyer can therefore not invoke the renunciation clause.
The private buyer-consumer of the sale outside the company has the right to withdraw from the purchase without charge within seven working days of the day following that of the signing of the aforementioned contract, provided that he/she informs the company of this by registered letter.
The sale of goods through the home workshops is therefore only final after a period of seven working days from the day following that of the signing of the contract.
In the event of purchase via the webshop, the buyer-private individual (i.e. not the professional buyer) has the right to cancel the purchase, without penalty or to give a reason, and this for 14 working days from the day following the delivery of the product. The direct costs for returning the products are at the expense of the buyer.
Any cancellation of an order must be made in writing. It is only valid subject to written acceptance by the seller. Total or partial cancellation of the order by the buyer entitles him to compensation of 20% of the corresponding amount as compensation for expenses and loss of profit, without the seller having to provide proof of the extent or existence of the damage.
9. Force majeure
We are not liable for any delay in the performance or for a failure to perform our obligations due to events constituting a force majeure event, including production interruptions, difficulties in supplying or shortageing raw materials, labour, energy or transport or delays in transport, strikes, lock-outs, work stoppages or other collective labour disputes, which affect either ourselves or our suppliers, even if they events are foreseeable.
In the event of force majeure, the seller will be able to terminate the agreement without further compensation to the buyer.
10. Prices and payment
The prices communicated are always exclusive of VAT, unless explicitly stated otherwise.
Our invoices, unless otherwise stated, are payable in cash – without discount, unless otherwise stated on the invoice – at the registered office of the company.
In order to be admissible, any complaint concerning the invoices must be formulated in detail by registered letter within three (3) days after receipt of the invoice.
In the event of overdue payments, interest will be charged on the outstanding invoice amounts by operation of law and without any prior notice of default being necessary at a rate of 1% per month from the invoice date. In the event of non-payment and if a reminder by ordinary letter has remained without effect for 14 days, a fixed compensation will also be due in the amount of 10% of the outstanding amounts.
Our invoices state the date of payment. In the event of non-compliance with the agreed payment terms, all outstanding invoices and/or debts become immediately due and payable and the seller has the right, without any notice of default or judicial intervention, to suspend the further deliveries and/or performance or to consider the agreement as dissolved without prejudice to its claim for compensation.
We reserve the right, in the event of any total or partial non-payment of an invoice on the due date or any other breach by the Buyer of its obligations under the agreement, by operation of law and without notice of default, to suspend the execution of all agreements with the Buyer or to terminate them with immediate effect, without the need for any judicial intervention and to immediately claim all debt claims even not yet expired or the delivery only to be executed against cash payment, notwithstanding previous agreements and without prejudice to any other right that we may assert.
Failure to act immediately against a shortcoming on the part of the Buyer can under no circumstances be regarded as a renunciation on our part to invoke this shortcoming later on.
In the event of non-payment of our invoices on the due date, interest for late payment of 10% per year from the due date will automatically and without prior notice of default and 10% of the invoice amount will be charged as a flat-rate clause, with a minimum of € 50.00.
Any discounts granted shall only apply in the event of payment within the assumed period. Any exceeding of this period will automatically entail the abolition of any discount.
The payment means that the buyer considers the delivery to be in conformity.
11. Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.
Postpay
You can find more information in the Klarna Terms of Use. . Klarna's cookie statement can be found here. Your personal data will be processed by Klarna in accordance with the applicable Personal Data Protection Act and as described in Klarna's privacy statement Processed.
Pay within 21 days.
Pay within 30 days.
12. Personal data
By ordering on the internet site of Ecobello, expressly allows the Buyer to process and use his/her personal data for purposes such as the administration of the customer base, the management of orders, deliveries and invoices, the follow-up of solvency, marketing and advertising. The processing for marketing purposes and the individualized advertising only takes place if the customer has expressly agreed to this during the order process. Ecobello will not transfer the data to third parties. The Buyer has the right to inspect and correct all data. The Buyer has the right at all times to oppose the processing for direct marketing purposes free of charge. For more information, the Buyer is invited to contact the public register maintained by the Commission for the Protection of Privacy in Brussels.
13. Proof
All Parties accept electronic proof within the framework of their relations (for example: e-mail, backups, ...).
14. Severability
If an article of these terms and conditions is declared null and void, this nullity will not affect the validity of the other articles.
The invalidity of one or more provisions of these general terms and conditions does not affect the validity of the other provisions.
Any failure of the seller to demand the execution of the provisions of these general terms and conditions of sale will not imply any waiver or renunciation of the application of this or any other provision.
These general terms and conditions of sale do not in any way affect the seller's exercise of all other legal or contractual rights to which it is entitled.
15. Applicable law
All disputes, of whatever nature they may be, will only fall under the territorial jurisdiction of the courts of Hasselt. The applicable law will always be Belgian law.
Consumer Protection Act:http://economie.fgov.be/nl/consument/Garantie/Wettelijke_garantie