Terms and Conditions
East Brabant Trading Company BV
Mulkstraat 124, 3300 Tienen
Article 1: General provisions
The e-commerce website of East Brabant Trading Company, a BV with its registered office at Mulkstraat 124, 3300 Tienen, VAT BE 0772566101 (hereinafter “[EBTC]”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of EBTC, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by EBTC.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for EBTC. With respect to the accuracy and completeness of the provided information, EBTC is solely bound to obligation of means. EBTC is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by EBTC. EBTC cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer completes his order in the webshop by selecting all the relevant products. A summary of the selected products will be in the shopping cart and the Customer will provide his address and invoicing data.
The Customer may choose between the following payment methods
- by credit card
- by debit card
- other methods mentioned on the website
EBTC is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Articles ordered via this webshop will be delivered in Belgium, Luxembourg and the Netherlands. Delivery occurs by the delivery/postal service as selected by EBTC. Shipping charges wil apply as mentioned on the payment details and may vary depending on the amount/location of the shipping address.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to EBTC.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by EBTC.
Article 6: Retention of title
Delivered articles remain the exclusive property of EBTC until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to EBTC, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from EBTC.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify EBTC (Mulkstraat 124, 3300 Tienen; [email protected]) in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify EBTC of their decision to withdraw from the agreement to send back or hand over the goods to [EBTC Mulkstraat 124, 3300 Tienen. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired. The direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, EBTC is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
For sales agreements, EBTC may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by EBTC will not be refunded.
EBTC shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
- the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
- the delivery of goods that spoil quickly or that have a limited shelf life.
- the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
- the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.
- the delivery of alcoholic beverages where the price is agreed upon when entering into the sales agreement, but where the delivery can only occur after 30 days, and where the actual value is dependent on fluctuations in the market that the business has no influence over.
- agreements that were entered into in a public sale.
- the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution.
- the agreements for services for betting and lotteries.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the EBTC customer service and to return the product at their own expense to EBTC.
Upon detection of a deficiency, the Customer must inform EBTC as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
EBTC customer service can be reached via e-mail at [email protected] or by mail at the following address Mulkstraat 124, 3300 Tienen. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that EBTC is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, EBTC is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing personal data, EBTC respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.
The personal data you share with us is used only for the following purposes: the purpose for which the data was entered, e.g. the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose. The legal bases are the legal bases on which you process the data, i.e. performance of the contract, consent, compliance with legal and regulatory obligations and/or the legitimate interest of the company.
You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.
In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.
To exercise your rights you can always contact us in the aforementioned manner at EBTC, Mulktsraat 124, 3300 Tienen or [email protected].
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
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Article 13: Invalidation – non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by EBTC to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of EBTC. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law – jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the district of Leuven have jurisdiction in the case of any disputes.