Article 1: General provisions
The e-commerce website of Diaz Sunprotection, a NV with registered offices at Ruiseleedsesteenweg 3, 8700 Tielt, VAT BE 0465262181, RPR Bruges, (hereinafter "diaz.be") offers its Customers the possibility to purchase the products from its web shop online.
These General Terms and Conditions ("Conditions") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the web shop of diaz.be the Customer must expressly accept these Conditions, by which he agrees to the applicability of these Conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by diaz.be.
Article 2: Prices
All prices stated are in EURO, always including VAT and all other compulsory charges or taxes to be borne by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately. The price stated refers exclusively to the articles as described verbatim. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price.
Article 3: Offers
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind diaz.be. diaz.be is only bound to a best efforts obligation as to the accuracy and completeness of the information offered. diaz.be is in no way liable in case of obvious material errors, misprints or printing errors.
If the Customer has specific questions about eg sizes, colour, availability, delivery or delivery method, we ask the Customer to contact our Customer Service in advance. The offer is always valid while supplies last and can at any time be amended or withdrawn by diaz.be. diaz.be can not be held responsible for the unavailability of a product. If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer.
The colours on the screen are indicative and may vary slightly from the delivery. In addition, the names are also indicative.
Article 4: Online purchases
The Customer can enter into an agreement with diaz.be in the following languages: Dutch, French and English.
The ordering process on our website goes as follows:
The Customer composes one or more products by going through one of our product configurators.
Once a product has been put together, it is possible to add it to a shopping basket.
When the Customer is satisfied with the configured products, the Customer can choose to order the shopping cart.
The Customer then goes through 4 steps in the checkout process:
We ask you to fill in the necessary invoicing data so that we can prepare an invoice. Is the customer self-employed or does he run a business? Then the Customer can enter his company name and VAT number.
In the last step, the Customer must agree to our general terms and conditions of sale. Once the customer has confirmed the order, there is a valid sales agreement with diaz.be.
The customer will then be directed to the payment page. Once the payment is correctly received, diaz.be will process the order.
The customer does not have the right to abandon the purchase.
Diaz.be has the right at all times to unilaterally break the sales agreement without reason.
Diaz.be is entitled to refuse an order in the event of a serious shortcoming on the part of the Customer regarding orders involving the Customer.
All prices are subject to printing errors or mistakes in the online configuration modules.
Article 5: Delivery and execution of the agreement
Diaz.be will deliver the products ordered within thirty days. Diaz.be may proceed with partial or global deliveries. Deliveries are made only according to the availability of the products and in order of receipt of the orders.
Any difficulty which the purchaser can foresee in the delivery must be specified at the time of the order, if the difficulty encountered in the delivery is abnormal, diaz.be reserves the right to charge additional costs and the customer undertakes to pay these at the time of delivery.
Items ordered through this shop are delivered to our pickup points. Unless otherwise agreed or expressly provided, the goods will be delivered to the Customer's home within 30 days of receipt of the order.
Any visible damage and / or qualitative deficiency of an article or other shortcoming in the delivery, must be reported by the Customer immediately to diaz.be.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party appointed by him, who is not the carrier) has received physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was commissioned by the Customer to transport the goods and this choice was not offered by diaz.be.
Article 6: Retention of title
The delivered items remain the exclusive property of diaz.be until full payment by the Customer.
The Customer undertakes, if necessary, to draw the attention of third parties to the retention of title of diaz.be, e.g. to anyone who might come to seize the articles which have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article apply only to customers who, in their capacity as consumers, purchase articles online from diaz.be.
The Customer cannot exercise the right of withdrawal on the products offered by diaz.be. The goods are made to the Customer's specifications and are clearly intended for the Customer. The goods can not be returned under any circumstances.
Article 8: Guarantee
Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee leaves these rights intact. In order to make a claim under the guarantee, 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 the diaz.be Customer Service Department and return the item to diaz.be at the Customer's expense.
If a defect is found the Customer must inform Diaz.be as soon as possible. In any event, any defect must be reported within 2 months of its discovery by the Customer. After that, any right to repair or replacement expires.
The legal guarantee is never applicable to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are not deemed to be hidden defects, unless the Customer can prove otherwise.
Article 9: Customer service
The diaz.be Customer Service can be contacted by email at email@example.com or by post at the following address: Ruiseleedsesteenweg 3, 8700 Tielt. Any complaints can be addressed to this address.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights available to diaz.be, in the event of non-payment or late payment, the Customer will automatically and without formal notice owe interest of 10% per year on the unpaid amount. In addition, the Customer shall be liable, ipso jure and without notice, to a fixed indemnity of 10% of the amount in question, with a minimum of EUR 25 per invoice.
Without prejudice to the foregoing, diaz.be reserves the right to take back articles which have not been paid for (in full).
Article 11: Privacy
Diaz.be respects the law in relation to the protection of privacy and the processing of personal data.
If the Customer uses our website we will process the following personal data of the Customer:
- His IP address, type and language of his browser, the software, type and brand of equipment used while connecting to our website, the time of the website visit and the web address from which the Customer reached our website, the pages viewed by the Customer, the links (links) the Customer clicks on and the other actions the Customer takes on our website. We do this by means of cookies.
- When the Customer makes a purchase, we may ask for additional information (such as email address, name, address or a phone number) that is necessary to complete the purchase.
The personal information we collect through our website is used for the following purposes:
- To provide our services to the Customer and to communicate with the Customer.
- To compile statistics and carry out analyses with a view to improving our services.
The Customer has the right to inspect and, if necessary, correct his personal data. Subject to proof of identity, the Customer can, by means of a written, dated and signed request to diaz.be, Ruiseleedsesteenweg 3, 8700 Tielt, firstname.lastname@example.org obtain a free extract of his personal details. If necessary, the Customer can also ask to correct the data that are incorrect, incomplete or irrelevant.
We treat these data as confidential information and will not pass them on, rent or sell them to third parties.
Article 13: Invalidity - non-waivers
If any provision of these Conditions is declared invalid, unlawful or null and void, this shall not in any way affect the validity, lawfulness and applicability of the other provisions. The failure at any time by diaz.be to enforce any of the rights enumerated in these Conditions, or to exercise any of them, will never be seen as a waiver of such provision and will never affect the validity of these rights.
Article 14: Amendment of terms and conditions
These conditions are supplemented by other conditions which are explicitly referred to, and the general sales conditions of diaz.be. In case of contradiction, these conditions prevail.
Article 15: Proof
The Customer accepts that electronic communications and back-ups can serve as proof.
Article 16: Applicable law - Competent court
Belgian law shall apply, with the exception of the provisions of international private law concerning applicable law and the Rome I Regulation on international sales contracts relating to movable property. In the event of any disputes, the courts in Bruges shall have sole jurisdiction.