Terms & Conditions
Version 1.1 – come into force on [01 March 2019]
Article 1 – Object and scope of application
1.1. The present General Terms and Conditions of Sale (hereinafter the “General Conditions”) define the rights and obligations of the parties within the context of the sale of products (hereinafter the “Products”) at the Internet website www.hylkevandenbussche.be (hereinafter the “Site”). The present General Terms and Conditions govern all Products sales made on the website.
1.2. The General Conditions are concluded between Hylke Vandenbussche, whose head offices are located at Lindelaan 14, 3001 Heverlee, in Belgium, hereinafter the “Seller”, and the person wishing to consult the Site and make a purchase, hereinafter the “Customer”. The Customer and the Seller are hereinafter jointly called the “Parties”. The Parties agree that their relations shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously available at the Site.
1.3. Any Order of a Product proposed at the Site (hereinafter the “Order”), implies the prior consultation and express agreement to the present General Conditions by the Customer. However, this agreement is not conditioned by a handwritten signature from the Customer. Pursuant to the provisions of the 9 July 2001 Act fixing certain rules concerning the legal frame for electronic signatures and certification services, it is hereby reminded that the Order form validation, according to the provisions of Article 5 of the General Conditions, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes the proof of the entire Order and of the enforceability of the amounts due for this Order.
Article 2 – Products description and availability
2.1. The Products proposed to sale are those figuring at the Site with a description of their essential characteristics, at the time and day of the Site consultation by the Customer, while supplies last. The Seller implements all reasonable means to display at the Site the Products availability in real time, but may not be held liable if a Product were to be unavailable to honour the Customer's Order. In case of the unavailability of one of the ordered Products, the Customers shall be informed and shall have the choice to either modify his Order or cancel it. In this case, he shall be reimbursed of the amount of his Order if payment was already made.
2.3. The photos, legends and other descriptive elements illustrating the Products are not contractual. If those photos and/or legends present some inaccuracies, the Seller cannot be held liable. The Seller commits to make its best efforts to rectify as quickly as possible the inaccuracies or omissions after having been informed of their existence.
Article 3 – Purchase Price and Engraving Costs and Delivery Costs
3.1. Product Purchase Price
Each Product Price is displayed at the Site (hereinafter the “Purchase Price”) in euros, VAT included. The Seller reserves the right to modify its prices at any time, but Products shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability.
3.2. Delivery costs
At the time of the Order, Customers commit to pay, further to the Products Purchase Price and Delivery Costs. Those Costs vary, depending on the delivery mode chosen, and the place of delivery of the order. The costs include all taxes (VAT or other applicable taxes). The Seller reserves the right to modify the Costs at any time, but the Costs shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability.
Article 4 – Order modalities
4.1. To order, the Customer must fill in the order form available at the Site, where he shall indicate the details necessary to his identification, such as his surname, first name and delivery address. After having filled in the order form, the Customer shall be invited to finalize the Order process, by clicking on “Go to payment”, by which the Customer declares fully accepting and without reserves the whole present General Conditions, validates definitively his Order and commits to pay the whole due amount, i.e. the Purchase Price, plus the costs, minus any discount or voucher.
4.2. The Seller shall confirm each Order by sending an email to the Customer within 24 hours of the Order on the Address indicated by the Customer when he registered (hereinafter “Order Confirmation”). This Order Confirmation shall mention among other things, the Order date, the Product ordered, it’s Purchase Price with the Costs, as well as the Delivery address and specifications.
The data recorded by the Seller, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.
4.3. The Seller reserves himself the right to refuse or cancel any Order or Delivery in case of (i) existing dispute with the Customer, (ii) partial or total non-payment of a previous Order or (iii) credit card payment authorization refused by the banking institutions. In this case, the Seller's liability may not, under any circumstances, be engaged.
4.4. If an ordered order has to be canceled or changed, please contact Customer Service as soon as possible. Cancel or change is only possible when a product has not yet been taken into production.
Article 5 – Modalities of payment
5.1 Payment of purchases is made through the payment partner Mollie.
5.2 In the sale of products to consumers, a partial or full advance payment may be made in the terms of the general terms (during the withdrawal period). When prepayment is made, the consumer cannot make any right regarding the execution of the order or service (s) concerned before the prepaid payment has taken place.
5.3 The consumer is obliged to notify the Seller without delay of any incorrectly stated payment information. In case of non-payment of the consumer, the Seller has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
Article 6 – Delivery
6.1. Upon delivery, a sales invoice will be handed over to the Customer if requested. The delivery obligation of Hylke Vandenbussche. will be fulfilled, subject to counter-notification, once the products have been offered to the customer. In the case of delivery at home, the carrier's report, including the refusal of acceptance, extends to full proof of supply to delivery.
6.2. The transfer of risk to the Customer takes place at the time of delivery. Each delivery is deemed to have been completed as soon as the Product is made available according to the delivery method chosen by the Customer, i.e. at the chosen shipping address. The control system used by the carrier provides proof of delivery.
6.3. It is the accountability of the Customer to check the shipment upon its arrival and to formulate all reservations or complaints that would seem justified, or to even refuse the package, if it could have been opened or shows obvious traces of damage.
Article 7 – Statutory cooling-off period and modalities of return
7.1. If one of the Products purchased does not suit the Customer, the latter has the right to cancel his order within fourteen (14) calendar days of the day following the delivery, without any penalty or explanation, in accordance with the European and National legal provisions which are applicable to the General Conditions (1). Within that delay, the Customer must notify the Seller of his intention to use his Cancellation right, by filling in the contact form or by email at firstname.lastname@example.org or by sending the a written request to Hylke Vandenbussche, Lindelaan 14, 3001 Heverlee, Belgium. The products must be returned unused, undamaged and returned in original packaging. In order to be covered by the Statutory cooling-off period, the customer must return the products within fourteen (14) calendar days.
7.2. Customized products such as personalized products are excluded from the statutory cooling-off period and cannot be returned. This means that all signed books are not eligible for returns.
7.3. Returns to the Seller will be made by any means of transport chosen by the Customer, who must retain the proof of shipment. The costs and risks associated with the return shipment are covered by the Customer. The Seller reserves the right to refuse returned items which have not been notified to the seller and / or which they have not previously given an agreement in writing prior to the return shipment.
7.3. If the Customer exercises his rights on the Statutory cooling-off period, according to the abovementioned modes, the Seller commits to reimburse the Purchase Price to the Customer, if already paid, within fourteen(14) days of the receipt by the Seller of the return package.
The reimbursement shall be made as follows:
If the Customer paid his Order by credit card, once the returned articles shall have been checked, an amount shall be credited on the credit card used by the Customer, corresponding to the returned articles Purchase Price, reduced by the amount of the purchase voucher(s) or discounts used to pay the Order. The reimbursement to the Customer shall be made according to the methods agreed upon with the card issuing bank. If the Customer paid by another mean of payment, the reimbursement shall be paid by bank overdraft, to the bank account provided by the Customer on the return form. In case no valid bank account number has been provided on the return form, the Seller shall be entitled to pay the amount to refund in the form of a purchase coupon valid on a future purchase on the Site.
7.4. The Customer shall not be entitled to the Statutory cooling-off period if the delivered Products have obviously been used, are damaged or if there are missing parts. The Products must imperatively be returned properly protected, in their original packaging, in a perfect state allowing their resale (not damaged nor dirty), with all accessories, user manuals and brochures, to the abovementioned address, with the original sale invoice, a copy of it being kept by the Customer. Otherwise, Products cannot be returned. Parcels without any element allowing the identification of the sender (return code, Order number, surname, first name, address) cannot be returned either. The articles sent but not accepted for return shall be kept by the Seller at the Customer's disposal. The Customer must take them back and pay them. In case of abnormal or excessive returns, the Seller reserves the right to refuse any further Order.
7.5. You can be held liable for the depreciation of the goods resulting from handling the goods that goes beyond what was necessary to determine the proper functioning of the goods.
Article 8 - Liability
The Seller only undertakes an obligation of means at all stages of the Site access, from the Order processing, until the delivery or any further services.
Seller's liability excludes any inconvenience or damage linked to the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses or any fact qualified as force majeure. In any event, the Seller's liability may not exceed an amount equal to the amount paid or payable at the transaction to the origin of the said liability, whatever the cause or form of the claim in question.
Article 9 – Intellectual Property
Our website, logos, texts, photos, names and generally all our communications are protected by copyright (copyright, trademark and patent law and more generally by intellectual property such as the law regarding the data files.).
This means that you cannot copy or reproduce our logo, website, photos, names, texts, color combination, etc. without our prior permission.
Article 10 – Contact and complaints management
We are working hard to resolve customer questions and complaints. If you have a complaint, let us know soon as possible. Describe your problem as clearly as we can help you. The Customer has the possibility to contact the Seller through the Contact procedure. The Seller undertakes to return to the buyer and to provide him with an answer to his question within a maximum period of 5 working days.
Article 11 – Separable provisions
If one or more provisions of the General Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, this shall not affect the validity of the other provisions.
The General Conditions and the Order summary transmitted to the Customer form a contractual ensemble and constitute the whole contractual relations between the Parties. If there is any contradiction between those documents, the General Conditions shall prevail.
Article 12 – Proof
The computerized databases stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered as proofs of the communications, orders and payments between the Parties.
Article 13 - Force majeure
If there is a force majeure, the Seller may no longer fulfill his obligations towards the Customer. Once this overpower situation is over, the Seller will fulfill his promises.
Force majeure is any circumstance beyond our will and control, which prevents the Seller from meeting the Customer's promises. This includes strikes, fire, malfunctions, power failures, malfunctions in a (telecommunications) network, or connection or used communications systems, or at any time not available on our website, non-timely delivery of suppliers or other third parties.
Article 14 – Amendments
The Seller reserves the right to amend the General Conditions at any time.
The amended General Conditions shall be available to the Customers on the Site.
Unless legal or statutory requirements specify otherwise, the amended General Conditions shall enter into force with immediate effect or at a later date as announced in the modified General Conditions or by Hylke Vandenbussche.
Any order placed by a Customer shall be ruled by the General Conditions in force at the date of the order.
Article 15 – Governing Law and jurisdiction
The General Conditions are governed by Belgian law. In the event of a dispute, the Parties shall try to find an amicable solution before initiating any proceedings. Failing an amicable settlement, the dispute shall be subject to the exclusive jurisdiction of the Leuven judicial district Courts (Belgium).
(1) (i) The directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, and the national transposition laws (the Belgian Act of. 14 July 1991 Act on commerce practices and on information and protection of the customer, the Luxembourg Act of 16 April 2003 on the protection of consumers with regard to distance contracts, and the Netherlands Act of 1 February 2000 on the distance selling) and (ii) the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market and the national transposition law.