GENERAL TERMS AND CONDITIONS B2C
These terms and conditions shall govern every current and future offer, invoice, delivery and service by Premiers BV, with registered offices at Vogelzangdreef 2, 8400 Oostende and company registration number 0502.478.410 (hereafter “Premiers”) to consumers, as well as every agreement concluded between Premiers and a customer, excluding any other terms and conditions from the customer or otherwise.
“Customer” means any consumer who orders or buys goods from Premiers, via the web shop or otherwise, or who uses the services of Premiers.
Any deviations from or changes to these terms and conditions are subject to the express written consent of Premiers.
- OFFER AND ACCEPTANCE
The customer agrees to and is bound by these terms and conditions upon the placement of an order with Premiers, via the web shop or otherwise.
If one or more provisions would be deemed to be invalid or could not be fully or partially invoked against the customer, the other provisions of these terms and conditions shall remain fully applicable and enforceable.
Premiers reserves the right to refuse an order without justification. Premiers is only bound by an order after it has provided the customer with a written order confirmation. By placing an order, the customer undertakes definitively and irrevocably to purchase the ordered goods. Full or partial cancellation of the order by the customer shall not be possible, notwithstanding the right to withdraw set out in Article 10.
The prices shall be the ones mentioned on the web shop, the offer or the order form, unless stipulated otherwise. All prices are quoted in euro, inclusive of VAT, but excluding potential freight, delivery, customs and reservation costs. The orders are invoiced on the basis of the prices applicable at the time of confirmation of the order by Premiers.
Premiers reserves the right to adjust the prices at all times.
- DELIVERY AND DELIVERY TIMES
The indicated delivery times are provided for information purposes only. They will be respected as much as possible. Exceeding these delivery times, however, cannot give rise to the termination of the agreement, the refusal of the goods and/or any compensation owed to the customer. If the customer has not received the goods within 30 days of ordering, the customer is nevertheless entitled to terminate the contract if, after an explicit request by the customer, Premiers fails to deliver the goods within an additional reasonable period specified by the customer.
The goods shall be accepted at the time of delivery.
The customer shall be responsible to provide a correct delivery address. Premiers cannot be held liable for any damages and/or (additional) costs that are the result of an incorrectly provided delivery address.
The delivery costs shall be borne by the customer, unless stated otherwise on the web shop or in the offer.
Premiers uses external delivery companies, such as GLS, to deliver the goods to the customer. The customer is responsible for facilitating the delivery to the agreed place in the presence of the customer or of a third party designated by the customer. If the customer is absent at the time of delivery, the customer must follow the procedure proposed by the external delivery company.
The goods are deemed to be delivered as soon as they have been physically presented once to the customer or the designated recipient. If a delivery is unsuccessful due to a fault by the customer or the designated recipient, the costs of a new delivery attempt shall be borne entirely by the customer.
- QUALITY OF THE GOODS – COMPLAINTS
The customer must inspect the goods for visible defects immediately upon delivery. Complaints about non-conformity of the goods or shortcomings in delivery must be submitted to Premiers within two months of delivery by means of a motivated letter sent either by post to Premiers’ registered offices or by e-mail to email@example.com. Premiers’ liability in this respect is limited solely to the free repair or replacement of the non-conforming goods and does not cover any reimbursement of costs or damages.
Differences in colour or shade between the illustrations or samples and the delivered goods are unavoidable and cannot constitute a ground for refusing the delivery.
After acceptance of the goods or services delivered, Premiers’ liability is limited, except in cases of intent or gross negligence, to hidden defects in accordance with the legal guarantee for goods set out in Article 9. In any event, Premiers shall never be liable for indirect damages, consequential damages and loss of profits.
When placing an order on Premiers’ web shop, the customer must immediately pay for the goods ordered as well as for any delivery costs. The goods are shall not be shipped until payment has been received by Premiers.
In case of payment on the basis of an invoice, the customer shall pay within ten (10) days of the invoice date unless otherwise agreed in writing. In the event of non-payment, in whole or in part, on the due date, the customer shall, automatically and without prior notice of default, be liable to pay interest calculated at the Belgian statutory rate (interest rate of the National Bank of Belgium). The mere lapse of the due date of the invoice shall constitute notice of default in accordance with Article 1139 of the Belgian Civil Code.
Any objection to an invoice must be made in writing by registered post to Premiers’ registered offices within eight (8) days of receipt.
- RETENTION OF TITLE – TRANSFER OF RISK
The delivered goods shall remain the property of Premiers until payment in full is made, even when a payment extension has been granted. Until that moment, Premiers may dispose of the goods freely and without prejudice. The aforementioned retention of title shall not prevent that the risk of loss, theft or damage of the goods shall passes to the customer as of the time of delivery of the goods.
- INTELLECTUAL PROPERTY
Premiers shall at all times remain the holder of all registered and unregistered intellectual property rights vested in the goods, including but not limited to copyrights, neighbouring rights, trade mark rights, model rights, patent rights and rights to unpatented know how. The payment by the customer shall only be a remuneration for the delivered goods and may under no circumstances be considered as remuneration for the transfer of intellectual property rights.
Pursuant to the Law of 21 September 2004 on the protection of consumers in respect of the sale of consumer goods, consumers are entitled to a legal guarantee. This legal guarantee applies from the date of delivery to the first owner for a period of 24 months.
Premiers requests that its customers report any defect which was not visible and/or could not reasonably have been known of at the time of delivery ('hidden defect') as soon as possible after its discovery. Hidden defects will only give rise to a guarantee if the guarantee claim is submitted to Premiers’ registered offices by letter or e-mail with proof of purchase within two (2) months of the customer discovering or reasonably being able to discover the hidden defect. Thereafter, any right to repair, replacement or possible compensation shall lapse. Any compensation shall not exceed the price of the goods.
Premiers is not responsible for defects resulting from (i) wrong and/or inappropriate use of the goods delivered, (ii) fall, fire or water damage, (iii) force majeure, (iv) the fault, intent or negligence of the customer or a third party.
The legal warranty is in any case limited to the repair or replacement of the goods, excluding amongst others indirect damage, immaterial damage, return and shipping costs, without the customer being able to claim any compensation.
Defects which become apparent after a period of 6 months following the date of delivery are deemed not to be hidden defects, unless the customer provides proof to the contrary.
- RIGHT OF WITHDRAWAL
The provisions of this Article 10 apply only to customers who, in their capacity as consumers, purchase goods on Premiers’ web shop or in any other way conclude a "distance contract" with Premiers as defined in Article I.8.15° of the Belgian Code of Economic Law.
The customer has the right to withdraw from the distance contract within a period of fourteen (14) days, without giving any reason, and without incurring any costs other than those provided for by law. This means that the customer renounces the purchase and returns the goods to Premiers, whereupon Premiers will reimburse the payment received (including the potential initial delivery costs), without prejudice to the customer’s liability for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. Premiers will reimburse the customer using the same means of payment which was used by the customer for the original transaction, unless the customer has agreed to another means of payment.
The withdrawal period shall lapse fourteen (14) days after the day on which the customer or the designated recipient, other than the carrier, acquires physical possession of the goods or, in the case of service contracts, the day on which the contract is concluded.
To exercise the right of withdrawal, the customer must inform Premiers of his/her decision to withdraw from the contract by an unequivocal statement (such as a written letter sent by post or e-mail). The customer may use the model withdrawal form for this purpose, but is not obliged to do so.
The customer must return the goods to Premiers without undue delay and in any event not later than fourteen (14) days from the day on which he notifies Premiers of his decision to withdraw from the contract.
All direct costs incurred in returning the goods shall be borne by the customer. In the event that the customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Premiers, any supplementary costs shall also be borne by the customer.
Where possible, when exercising the right of withdrawal, the customer undertakes to return the goods in their original packaging, together with all accessories and the proof of purchase.
The customer shall bear the full burden of proof of exercising the right of withdrawal.
The customer may not exercise the right of withdrawal for, inter alia:
- the supply of goods made to the consumer’s specifications or clearly personalised;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; and
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- SETTLEMENT OF DISPUTES
In the event of a dispute, only the courts of Ostend shall be competent, unless Premiers chooses the competent court pursuant to Article 624 of the Belgian Judicial Code.
Belgian law shall apply exclusively to the legal relationships between Premiers and the customer, regardless of whether they are contractual or non-contractual.