General Terms & Conditions

GENERAL

    1. These are the general terms and conditions of BV J.Z. Trading, a private limited liability company under Belgian law, with registered office at Koningin Astridlaan 59B, 1780 Wemmel, Belgium, and registered in the Crossroads Bank for Companies (CBC) under company  number 0715.611.461 (the "Company"). 

    2. These general terms and conditions apply to any online purchase of products (the "Product") by a consumer (i.e. any natural person acting for purposes unrelated to his commercial, business or professional activities, the "Purchaser") from the Company’s web shop. 

    3. The Purchaser accepts these general terms and conditions by placing an order in the web shop. The Purchaser’s terms and conditions or additional terms and conditions are excluded, unless agreed otherwise in writing between the Purchaser and the Company.  The Company is entitled to modify or complete these general terms and conditions. The most recent version is available on the website. Any modification will only apply to future orders and will not affect existing orders. 

    4. If any provision of these general terms and conditions is annulled, in whole or in part, the other provisions continue to apply. In that case, parties agree on a new provision which is as close as possible to the purpose of the (partly) annulled provision.

  1. products and availability

    1. The Company is committed to display the Product in the web shop with a number of pictures and an accurate description of the Product, as well as any deficiencies or flaws if at all applicable.

    2. Colours on pictures may slightly differ from the colours of the Product due to for instance lighting or brightness of the Purchaser’s computer screen.

    3. The Company is in no way liable for material errors or obvious mistakes.

    4. The Company is committed to keep the web shop up to date. It is in no way liable for the non-availability of the Product.

  2. Order and conclusion of the contract

    1. By placing an order through the web shop, the Purchaser informs the Company of his wish to purchase the Product. 

    2. The Company sends the Purchaser an order confirmation by email. The order is complete and the contract is concluded upon confirmation of the order by the Company. The Company is entitled to refuse confirmation of the order at its own discretion, in which case the contract is not concluded. The Company will inform the Purchaser of such refusal as soon as possible. The Purchaser is not entitled to receive any form of compensation or damages.

    3. The Company accepts no orders from consumers who are under 18 years old. 

    4. The Company is entitled to request identification of the Purchaser through a copy of a valid photo ID or passport. The information may be cross checked by the Company against the debit/credit card, or bank account that will be used for purchasing the Product. The Company may retain the documents received in relation to identification for at least two years in a secured location. Data storage is done in compliance with the GDPR regulations and access is restricted to a limited number of authorized persons.

  3. Price and payment

    1. Prices indicated in the web shop are in EURO and include VAT. Any additional costs (e.g. costs for packaging, shipping and duties) are not included, unless expressly indicated otherwise. The final price of an order will be calculated at the check-out. The Company is not liable for any duties or taxes imposed by customs.

    2. The specified price refers solely to the Product set out in writing. The pictures may contain elements (e.g. accessories or display materials) that are not included in the price and the order.

    3. Payments can be made through payment methods provided in the web shop or, on request, via bank transfer to the account that the Company will indicate. 

    4. The Purchaser has to pay the purchase price within 24 hours after receiving the order confirmation. If payment is not received within 24 hours, the Company is entitled to cancel the order.

  4. Delivery

    1. The Product is delivered within a delivery period of 5 working days after confirmation of the order. This delivery period could vary depending on the country of destination. The estimated delivery day is set out in the order confirmation. The Product will not be dispatched for delivery or delivered until full payment is received by the Company.

    2. The Company uses its best efforts to deliver the Product on the estimated delivery day (i.e. no obligation of result). The Company is in no way liable for any delays. 

    3. In case of delay, the Company will inform the Purchaser as soon as reasonably possible. When the delivery period exceeds 30 days after the date of the order, the Purchaser can cancel his order free of charge and the price is refunded. The Purchaser is not entitled to receive any other form of compensation 

    4. Any delivered Product remains the exclusive property of the Company until the Product is paid in full. If necessary, Purchaser informs third parties of the retention of title belonging to the Company. 

    5. The risk due to loss or damage is transferred to the Purchaser at the time of delivery to the Purchaser or to any third party appointed by the Purchaser. In the event that the Purchaser uses a courier of his own choice, the risk due to loss or damage transfers to the Purchaser upon pick-up of the product by the courier from the Company’s warehouse.

    6. The Purchaser ensures that delivery can take place. Delivery occurs when the Product is first presented for delivery. If the first attempt at delivery was unsuccessful, most couriers leave a note in the mailbox and request to make a second appointment for delivery or drop the package at a pick-up point near the Purchaser. Any additional attempts to deliver the Product may be charged to the Purchaser.

    7. For security reasons and in case of uncertainties the courier may ask a proof of the Purchaser’s identity or the identity of the person appointed by the Purchaser to accept the delivery.

    8. The Company cannot be liable for any indirect damages (e.g. due to late delivery) caused by the courier. 

  5. warranty

    1. In accordance with the Company's legal obligations, the minimum warranty for consumers applies to the Products for a period of 1 year after delivery. 

    2. The Purchaser, or third party appointed to accept delivery, must inspect the Product immediately upon delivery. Any visible flaws or deficiencies that were not accurately described in the web shop must be notified to the Company in writing within 48 hours after delivery. 

    3. Any deficiency must be notified to the Company in writing within two months of detection. The Purchaser must return the Product within seven days thereafter. If the Purchaser fails to return the Product within seven days, the Purchaser is no longer entitled to any kind of warranty by the Company.

    4. If reasonably possible, the Company will repair the defect or replace the Product. If this is not possible or would take too long, the Purchaser is entitled to an appropriate price reduction or dissolution of the contract. The refund to the Purchaser can by no means exceed the price that was paid for the Product.

    5. The warranty does not apply in case of normal wear and tear; inappropriate or unjustified use of the Product; modification and reparation of the Product without consent of the Company; loss of the original invoice or receipt; defects caused intentionally by the Purchaser, by serious negligence or by lack of maintenance.  

  6. complaints and liability

    1. If the Purchaser has any complaints about the Product, he can contact the Company via e-mail sales@heritage-antwerp.be, telephone +32 3 297 81 80 or through the contact form on the website. 

    2. Unless specified otherwise in these general terms and conditions, the Purchaser has to make his complaint about the Product within 48 hours after delivery of the Product. If the Company hasn't received any complaints within this period, the Product is deemed to have been accepted unconditionally.

    3. The Company is not liable for any material damages caused by the Product or use thereof, except in case of intentional or serious mistake of the Company or fraud.

  7. Withdrawal

    1. In accordance with the Company's legal obligations, the Purchaser has the right to withdraw from the purchase within 14 days after delivery of the Product.

    2. When the Purchaser wants to use his right of withdrawal, he has to clearly inform the Company about this within the period of 14 days in writing or by telephone (as specified in article 7.1).  The withdrawal is free of charge and doesn't have to be motivated. 

    3. The Purchaser has to send the Product back to the Company within 14 days after notification of the withdrawal. The Company will pay back the purchase price and shipping costs to the Purchaser. The Company will not pay the costs that the Purchaser made for returning the Product.

    4. The Purchaser will handle the Product with good care during the withdrawal period and before returning the Product. The Purchaser is liable for reductions in value when the Product and/or packaging is damaged because of use of the Product beyond what was necessary to establish its nature, characteristics and functioning.

  8. Force Majeure

    1. In case of force majeure the Company is entitled to suspend its obligations towards the Purchaser for the duration of the force majeure. The Company cannot be held liable for any damage resulting from this suspension.

    2. Force majeure means any circumstance independent of the Company's will which makes the performance of its obligations to the other party impossible or unreasonably difficult.

  9. Governing Law and Jurisdiction

    1. These general terms and conditions as well as all agreements to which they apply shall be governed by Belgian law. The courts and tribunals of Antwerp shall have exclusive jurisdiction for any disputes between the Purchaser and the Company. 

    2. The Purchaser can also file a complaint on the European online dispute resolution platform (http://ec.europa.eu/odr).

  10. Privacy

    1. For questions about the processing of personal data and the Purchaser’s rights as a data subject, please refer to the Company’s privacy policy [add link] or contact the Company via info@heritage-antwerp.be.