General Terms and Conditions of marcelvinck.com
General Terms and Conditions / Online Shop www.marcelvinck.com
Company details
Marcel Vinck BV
Nobels-Peelmanstraat 11
9100 Sint-Niklaas
Belgium
+32 3 777 68 16
info@marcelvinck.com
VAT number: BE 0475.117.282
Article 1: General provisions
The online shop at www.marcelvinck.com is operated by Marcel Vinck BV, a private limited company with its registered office at Nobels-Peelmanstraat 11, 9100 Sint-Niklaas, Belgium, and VAT number BE 0475.117.282. Our online shop enables customers to purchase products online.
These General Terms and Conditions apply to every purchase made by a visitor through our online shop. Before submitting an order, the customer must accept these General Terms and Conditions and thereby agrees that they apply to the relevant purchase agreement. Any conflicting or additional terms and conditions of the customer shall apply only if Marcel Vinck BV has expressly accepted them in writing in advance. The General Terms and Conditions are clearly accessible on the online shop.
Before a distance contract is concluded, these General Terms and Conditions will be made available to the consumer in a clear and comprehensible manner. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the terms and conditions can be consulted. At the consumer’s request, they will be provided as soon as possible and free of charge on a durable medium.
If any provision of these General Terms and Conditions is wholly or partly invalid or unenforceable, the remaining provisions and the agreement shall remain unaffected to the extent permitted by law. The relevant statutory provision shall replace the invalid provision.
Matters not expressly covered by these General Terms and Conditions shall be assessed in accordance with the purpose of these terms and the applicable statutory provisions.
Article 2: The offer
If an offer is valid for a limited period or is subject to specific conditions, this will be expressly stated in the offer.
Unless expressly stated otherwise, the offer is non-binding. Marcel Vinck BV is entitled to amend or adapt the offer for as long as no agreement has been concluded.
The offer contains the most complete and accurate possible description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
Images, technical specifications and other information included in the offer are provided for illustrative purposes. They do not automatically entitle the customer to compensation or termination of the agreement. Product images are intended to represent the products offered as accurately as possible. Marcel Vinck BV cannot, however, guarantee that colours displayed on a screen will exactly match the actual product colours.
Article 3: Conclusion of the agreement and delivery of goods
Products can be ordered through the website and paid for electronically in a secure payment environment. Depending on the options displayed in the online shop, the following payment methods may be available:
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bank transfer;
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Bancontact.
The agreement is concluded when Marcel Vinck BV confirms the order electronically, subject to sufficient availability of the products ordered.
Within the limits permitted by law, Marcel Vinck BV may verify whether the consumer is able to fulfil their payment obligations and may consider circumstances relevant to the responsible conclusion of the distance contract. If this assessment provides reasonable grounds not to conclude the agreement, Marcel Vinck BV may refuse an order or request, stating its reasons, or make its execution subject to specific conditions.
No later than upon delivery of the product or performance of the service, the consumer will receive the following information in writing or on a durable medium:
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the business address to which the consumer may submit complaints;
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the conditions and procedure for exercising the right of withdrawal or, where applicable, a clear statement that the right of withdrawal is excluded;
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information about the statutory guarantee, any additional commercial warranties and the available after-sales service.
Article 4: Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the agreement within 14 calendar days without giving any reason, unless a statutory exception applies. The withdrawal period begins on the day the consumer, or a third party appointed by the consumer other than the carrier, takes physical possession of the goods.
During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may unpack and inspect the product only to the extent that would be possible and necessary in a shop to establish the nature, characteristics and functioning of the product.
To exercise the right of withdrawal, the consumer must inform Marcel Vinck BV, Nobels-Peelmanstraat 11, 9100 Sint-Niklaas, Belgium, of their decision by an unequivocal statement sent by email or post before the withdrawal period expires. The goods must then be returned no later than 14 days after this notification. Where necessary, the consumer must be able to demonstrate that the goods were dispatched on time, for example by providing proof of postage.
The goods must be returned with all supplied accessories and, where reasonably possible, in their original packaging. The absence of the original packaging does not automatically result in the loss of the right of withdrawal. Marcel Vinck BV may, however, claim compensation permitted by law for any diminished value resulting from handling beyond what is necessary to inspect the goods.
Article 5: Return costs and reimbursement following withdrawal
If the consumer exercises the right of withdrawal, the consumer shall bear the direct cost of returning the goods, provided that Marcel Vinck BV informed the consumer of this before the agreement was concluded and did not expressly offer to bear those costs.
Marcel Vinck BV will reimburse all payments received from the consumer, including the cost of the least expensive standard delivery offered, without undue delay and no later than 14 days after the day on which Marcel Vinck BV was informed of the withdrawal.
Marcel Vinck BV may withhold reimbursement until the goods have been received or the consumer has supplied evidence of having returned the goods, whichever occurs first.
The reimbursement will be made using the same means of payment used by the consumer for the original transaction, unless the consumer expressly agrees to another method. The consumer will not incur any additional fees as a result of the reimbursement.
Article 6: Exclusion of the right of withdrawal and diminished value
The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. If the consumer was not properly informed of the right of withdrawal, the consumer shall not be liable for this diminished value.
The right of withdrawal may be excluded only in the cases provided for by law. An exclusion applies only if it was clearly stated in the offer or, at the latest, before the agreement was concluded.
The right of withdrawal does not apply in particular to:
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goods made to the consumer’s specifications or clearly personalised;
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goods that are liable to deteriorate or expire rapidly;
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sealed goods that are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
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goods that, after delivery and because of their nature, have become inseparably mixed with other items;
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goods or services whose price depends on fluctuations in the financial market that are beyond the control of Marcel Vinck BV;
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individual newspapers, periodicals or magazines, except for subscription agreements;
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sealed audio or video recordings and sealed computer software that were unsealed after delivery.
Article 7: Prices
The prices stated in the offer are expressed in euros (€) and include statutory VAT and all other mandatory taxes and charges payable by the customer.
Any delivery, reservation or administrative costs will be stated separately and clearly before the order is completed.
The stated price applies exclusively to the products and components expressly listed in the product description. Accompanying photographs are illustrative and may contain elements that are not included in the price.
Article 8: Statutory guarantee and additional commercial warranties
Marcel Vinck BV guarantees that the products and/or services supplied conform to the agreement, the characteristics stated in the offer, reasonable requirements of quality and usability, and the statutory provisions in force when the agreement was concluded.
New consumer goods are covered by a statutory guarantee period of two years from delivery. If a lack of conformity becomes apparent during this period, Belgian consumer law generally presumes that it existed at the time of delivery unless Marcel Vinck BV proves otherwise.
The consumer must inform Marcel Vinck BV in writing as soon as possible and no later than two months after discovering the lack of conformity. Proof of purchase must be provided to invoke the statutory guarantee.
In the event of a lack of conformity, the consumer is initially entitled to repair or replacement free of charge, provided that the chosen remedy is possible and proportionate. An appropriate price reduction or termination of the agreement may be requested under the conditions laid down by law, particularly when repair or replacement is impossible, disproportionate or cannot be completed within a reasonable period.
Any commercial warranty offered by Marcel Vinck BV, the manufacturer or the importer is additional to the consumer’s statutory rights and does not restrict them. The conditions and duration of any such additional warranty will be communicated separately.
The statutory guarantee does not cover defects that can be demonstrated to have arisen because:
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the consumer repaired or modified the product improperly, or instructed a third party to do so;
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the product was exposed to abnormal conditions, handled improperly or used contrary to the instructions for use or maintenance;
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the defect is attributable to normal wear and tear, an accident or an external cause for which Marcel Vinck BV is not responsible.
These exclusions do not affect the consumer’s mandatory statutory rights.
Article 9: Delivery and performance
Marcel Vinck BV will exercise the greatest possible care when processing orders and requests for services.
The delivery address is the address provided by the consumer when placing the order.
Unless another delivery period has been agreed, accepted orders will be fulfilled without undue delay and no later than 30 days after conclusion of the agreement. If the agreed or statutory delivery period cannot be met, the consumer will be informed accordingly.
In that event, the consumer may request Marcel Vinck BV to deliver within an additional period appropriate to the circumstances. If delivery still does not take place within that additional period, the consumer may terminate the agreement without additional costs. No additional period is required if Marcel Vinck BV expressly refuses to deliver or if the agreed delivery date was essential to the consumer and this was communicated before the agreement was concluded.
If the agreement is validly terminated, Marcel Vinck BV will reimburse the amounts already paid without undue delay and no later than 14 days after termination.
If an ordered product is unavailable, a substitute product may be supplied only with the consumer’s prior consent. The right of withdrawal continues to apply to the substitute product. Marcel Vinck BV shall bear the cost of returning any substitute product that was not agreed upon.
The risk of damage to or loss of the goods remains with Marcel Vinck BV until the goods are delivered to the consumer or to a third party appointed by the consumer other than the carrier. If the consumer independently instructs a carrier that was not offered by Marcel Vinck BV, the risk passes to the consumer when the goods are handed over to that carrier.
Article 10: Payment
The amounts owed by the consumer must be paid in accordance with the payment terms displayed during the ordering process, unless expressly agreed otherwise.
The consumer must immediately notify Marcel Vinck BV of any inaccuracies in the payment details provided or stated.
In the event of late payment, Marcel Vinck BV may charge reasonable costs in accordance with the applicable statutory provisions, provided that the consumer has been properly informed in advance.
Article 11: Complaints and out-of-court dispute resolution
Marcel Vinck BV has a complaints procedure and handles complaints in accordance with that procedure.
Complaints concerning an identified defect must be submitted to Marcel Vinck BV as soon as possible and no later than two months after discovery of the defect. The complaint must contain a full and clear description of the issue.
Complaints will normally be answered within 14 days of receipt. If more time is expected to be required, the consumer will receive an acknowledgement within that period, together with an indication of when a more detailed response can be expected.
If a complaint cannot be resolved by mutual agreement following a prior written attempt to reach a solution with Marcel Vinck BV, the consumer may contact the Belgian Consumer Mediation Service:
Consumer Mediation Service / Consumentenombudsdienst / Service de Médiation pour le Consommateur
Boulevard du Roi Albert II 8, box 1
1000 Brussels
Belgium
Telephone: +32 2 702 52 00
Email: contact@consumentenombudsdienst.be
Website: https://consumerombudsman.be/
For cross-border consumer disputes within the European Union, the consumer may also contact the European Consumer Centre Belgium: https://www.eccbelgium.be/
Article 12: Disputes and applicable law
Agreements between Marcel Vinck BV and the consumer to which these General Terms and Conditions apply are governed by Belgian law, excluding its conflict-of-law rules, to the extent permitted by law.
This choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence, insofar as those provisions apply under the relevant European or international rules.
Any dispute shall be submitted to the courts having jurisdiction under the applicable statutory provisions.