General terms and conditions
Article 1 Definitions
- We/us: NEY & PARTNERS BXL, with registered office at CHAUSSE DE LA HULPE 181, 1170 B-BRUSSELS, with CBE No 0547.939.637 firstname.lastname@example.org
Customer: A (legal) person who registers on the Website.
- Buyer: A Customer who makes a Purchase through the Website, either as a Customer Consumer or Customer Business
- Customer Consumer: You are a natural person and transact with us for purposes primarily outside your trade, business, craft or profession.
Client Company: You are a natural person or a legal entity and deal with us for purposes primarily within Your trade, business, craft or profession.
- Website/Shop: https://ney.partners/bookshop
- Registration: Registration on our Website according to the registration procedure referred to in Article 3.
- Products: The Products we offer for sale through our Webshop
- Acquisition: Any purchase of Products through the Webshop.
- Delivery: The moment the goods are handed over to the Buyer and at which the Buyer signs off for receipt.
- Visible defect: A defect in a sold item visible to the Buyer at the time of delivery.
- Concealed defect: A defect in a sold item that existed before the item was sold but was not visible to the Buyer at the time of delivery
Article 2 Applicability
- Because we feel it is important to make proper arrangements with you when you purchase products through our website, we have written these terms and conditions. These terms and conditions apply to our relationship and this from your registration. For this reason, you are expressly requested, upon registration, to confirm your knowledge of and unreserved acceptance of these terms and conditions. If you cannot accept these terms and conditions, we fully understand. From our side, we can only grant you an account once you have accepted our terms and conditions.
- These terms and conditions are not final and therefore we reserve the right to change these terms and conditions periodically. For this reason, prior to each purchase you make you will be asked to read and accept the terms and conditions again. By such acceptance, you will ensure that the latest version of the terms and conditions apply to both the Purchase and your account.
Article 3 Registration
- In order to purchase Products via the Web Shop, You must register in advance. The Registration procedure is explained in more detail on the Website.
- You may register only once and will receive unique login data in the process. These login data are strictly confidential and intended for your own use. You are personally and solely liable in case these data are transmitted to a third party or if you allow a third party to use your data. You will have to indemnify us for any damage that will result from the loss and/or use by third parties of these unique login details.
Article 4 Offer
- The products as offered in the Webshop are available while stocks last. We are entitled to change and adjust the offer.
- If we show a model, sample or example via the Webshop, this is for illustration purposes only. The Products may deviate from the model, sample or example.
- We reserve the right to correct prices on our Website in case of a material error.
Article 5 Prizes
The Prices of the Products are always deemed to be stated in EURO and include VAT and other levies, unless expressly stated otherwise. Shipping costs are included in the stated prices, unless otherwise stated.
Article 6 Purchase
- The Purchase of Products through the Web Shop is binding on the Buyer. The Buyer is responsible for the correctness of any order placed. Orders only bind us after written order confirmation (by post or e-mail) issued by a body authorised to represent us.
- If the order confirmation differs from your order, this order confirmation is binding on the Buyer, unless the Buyer declares in writing (by post or e-mail) within 8 days of receiving the order confirmation that he does not agree.
- In the event of a unilateral cancellation of a Purchase by the Buyer, we shall be entitled to liquidated damages, assessed at a flat rate of 30% of the agreed Purchase Price (incl. taxes, duties and costs), without prejudice to our right to claim compensation for our actual and proven loss. If the Buyer fails to pay these damages, a fixed interest rate of 10% will be applicable from the date of demand to the day of full payment of these damages. This compensation shall not apply in the case provided for in art.6.2.
- If You are a Consumer Customer, You also have a right to compensation in case of unilateral cancellation of a Purchase by Us. This compensation is fixed at 5% of the agreed Purchase Price (incl. taxes, duties and costs), without prejudice to Your right to claim compensation for Your real and proven damage.
- If you are a Customer Company, you cannot claim a right to compensation in case of unilateral cancellation of a Purchase by us.
Article 7 Right of withdrawal for the Customer Consumer
- As a Customer Consumer, you have the right to withdraw from the Purchase without giving reasons within 14 calendar days following delivery of the Products. The exercise of the right of return must mandatorily be notified in good time via bxl.ney.partners. The cooling-off period of 14 calendar days starts the day after the delivery of the Product by the Customer Consumer.
During the reflection period, the Customer Consumer shall treat the product and its packaging with care. If the Customer Consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original state and packaging. If the Product is damaged due to careless handling by the Customer Consumer, the Customer Consumer is liable for any depreciation in value of the Product. We therefore draw your attention to the fact that it is best to take every precaution when opening and unpacking in order to fulfil your obligation under this article.
- Please note, in deviation from Art. 7.1, the right of withdrawal does not apply (i) to the delivery of goods manufactured according to the specifications of the Customer Consumer, (ii) to the delivery of goods that cannot be returned for hygienic reasons, (iii) to delivered goods whose sealed packaging has been broken, (iv) to delivered goods that are perishable or perishable to a limited extent or whose opening entails a food safety risk that makes it not re-saleable (v) for delivered goods containing alcoholic beverages whose price was agreed upon at the conclusion of the sales contract, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market, over which we have no control, and for delivered goods containing newspapers, (vi) for magazines or periodicals except for agreements entered into by the Customer Consumer for a subscription to such publications.
- The Customer-Consumer must return the product within 14 days of his timely notification of the exercise of the right of return. The Customer-Consumer must prove that the delivered product was returned on time. The date of deposit at the post office for a registered return or at a courier service will count as the only proof.
- The cost of any return by post or courier shall be borne entirely by the Customer Consumer. As we have the products delivered via a courier service to minimise the risk of damage or loss, we expect the Customer to return the products via registered post as a minimum and to remit copy of the proof of registered post to us immediately after dispatch to email@example.com
- As a Customer Company, you do not have a right of withdrawal.
Article 8 Delivery
- Delivery dates do not constitute an essential condition of our contract and are provided by way of information only. Delays in relation to stated delivery dates may therefore not give rise to any penalty, compensation or rescission of the Purchase.
However, if You are Customer Consumer, You are entitled to delivery no later than 30 days after the conclusion of the Purchase, or failing that, at least within an additional period specified by You in writing and reasonable in view of the specific circumstances. If we are also unable to deliver within this additional period, You may cancel the Purchase, without owing any compensation.
- If the delivery place or circumstances relating to the delivery change at the Buyer’s request, or if the Buyer has provided incorrect or incomplete information for this purpose, we are entitled to invoice the Buyer for costs arising from such change or incorrect information.
Article 9 Payment
- Payment for Products is made online at the time of Purchase. We cannot be held liable for any damages resulting from the use of online means of payment, except in the case of our wilful misconduct or deceit.
The Products will be shipped only after full payment by the Customer.
Article 10 Risk of loss or damage
- If you are a Customer Company, the risk of loss of or damage to the products passes to the Buyer at the time of acceptance of the general terms and conditions. This includes the risk in case of unforeseen circumstances, coincidence and force majeure.
- If you are a Customer Consumer, the risk of loss or damage to the products passes as soon as the Buyer or a third party designated by the Buyer (who is not the carrier) takes physical possession of the goods. If delivery is made by a means other than that proposed by the Company, the risk passes to the Customer Consumer on delivery by us to the carrier.
Article 11 Complaints
- It is also in your interest that complaints regarding delivered Products are communicated to us as soon as possible after their discovery and with reasons. Please include with your complaint sufficient supporting documents to substantiate your complaint. We, in turn, should be able to submit your complaint clearly and as soon as possible to the manufacturer of the Product. Complaints should be sent to firstname.lastname@example.org
- Complaints concerning visible defects: if you discover visible defects upon Delivery or unpacking, you must notify us of your complaints concerning these visible defects, on pain of forfeiture, within a period of 14 working days following the delivery and in any event prior to any commissioning, treatment or processing. If you are a Consumer Customer, this period is two months from the discovery of the defect, under penalty of expiry. However, it is strongly recommended to communicate and prove these Complaints as soon as possible.
- Complaints regarding hidden defects: You must notify Us of complaints concerning hidden defects in the Products, under penalty of forfeiture, within 14 working days following the day on which You discovered or reasonably should have discovered the hidden defect. If You are Customer Consumer, this period under penalty of lapse is two months from the discovery of the defect.
- You must bring any legal action relating to visible or hidden defects in the Products on pain of expiry within a period of 90 days following their notification in accordance with this clause 11.
If You are a Consumer Customer, this period is one year from the discovery of the defect, without this period being shorter than the guarantee period referred to in Article 12.1. As a Consumer Customer, You can also submit a complaint via the European online dispute resolution platform: (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN).
Article 12 Warranty
- We grant You as Customer Consumer the statutory warranty in accordance with Article 1649quinquies et seq. of the Civil Code for a period of two years from delivery of the Products.
- We grant You as Customer Consumer the legal right to indemnification for hidden defects in the Products in accordance with Article 1641 et seq. of the Civil Code.
- The warranty referred to in article 12.1 and the indemnification referred to in article 12.2 do not apply in case of improper installation, improper use and/or defective maintenance of the Products, in case of modification or repair of the Products by the Customer and/or third parties, or for damage with a cause other than a defect in the Products. Improper installation or use shall include, inter alia, installation or use contrary to the relevant and applicable installation and/or use conditions.
- If you are a Customer Company, you are not entitled to a warranty period.
Article 13 Liability
- We cannot be held liable for damage caused by you or third parties or as a result of the circumstances referred to in Article 12.3. If necessary, the Buyer’s right to warranty shall lapse.
- We cannot be held liable for damage, of whatever nature, due to the fact that we have relied on incorrect and/or incomplete data provided by the Buyer, unless such incorrectness or incompleteness should have been known to us.
- You will indemnify and hold us harmless for any damage that will result from a breach in respect of one or more of your obligations under these general terms and conditions.
Article 14 Force majeure
- If a force majeure situation makes the execution of the Purchase impossible for Us, or more difficult, costly and/or time-consuming than foreseen at the time of the Purchase, We are entitled to suspend the execution of this Purchase for the duration of the force majeure situation. If this force majeure situation lasts longer than 30 days, both We and You will be entitled to terminate the Purchase, without prior notice and with immediate effect, without any compensation. The Purchase Price will be refunded to You in full, if applicable.
- Force majeure includes, among others: non-delivery, late delivery or defective delivery of products or raw materials by one or more suppliers or carriers; electrical breakdown or disconnection; legislative or administrative measures by the government, including import and export bans; strikes and trade union actions; technical problems related to the Webshop, the website or our sales organisation in general; fire, flooding or accidents in our company.
Article 15 Suspension and Termination
We reserve the right, at any time and without prior notice of default, to suspend the performance of the obligations towards You in the event that You do not, do not timely or do not fully comply with your obligations under these general terms and conditions. We may also, where applicable, choose to terminate the Purchase by operation of law, without prior notice and with immediate effect, without prejudice to our right to full compensation for damages suffered by us. These damages are estimated at 30% of the agreed price (including taxes, duties and costs), without prejudice to our right to claim compensation for actual damages. If you are a Consumer Customer, you have the same right to compensation in the event of wrongful termination at our expense.
Article 16 Intellectual property
We are the exclusive owner and/or lawful licensee of all intellectual property rights relating to the (content of the) Website and the Web Shop. You will indemnify us for all damages that will result from any infringement of these intellectual property rights.
Article 17 Privacy
- We always act in accordance with Privacy Legislation, namely (i) the Belgian Privacy Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and (ii) the EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- We have made a privacy and cookie statement available on our Website, which the Customer Consumer acknowledges to have read and accepted.
Article 18 Residual provisions, applicable law and competent court
- Except to the extent and to the extent contrary to mandatory law, in the event of a dispute, the data automatically recorded by our software and hardware systems, as well as the paper printout of such data, shall constitute evidence to the contrary.
- Our relationship is governed exclusively by Belgian law.
- Our disputes, if any, shall be dealt with exclusively by the materially competent courts of your domicile if You are a Customer Consumer and by the materially competent courts of our registered office if You are a Customer Company.
- Should any provision of these general terms and conditions prove to be null and void and/or unenforceable, the other provisions shall nevertheless remain in full force and effect, and the parties empower the competent jurisdiction to mitigate the affected provision within the limits of the law in a manner as close as possible to the original provision.