General terms

Clause 1 Identity of the vendor

We are:

PROGS bv, trading as Eliwan

Established in BE-2221 Booischot, Broekmansstraat 99

Email address: info@eliwan.be

Telephone number: +32 496 250 345

Company number / VAT-number: BE0475.586.833

Bank account number: BE77 1325 5100 8642

Clause 2 Applicability and conditions

  1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).

  1. We deliver exclusively in the European Union. If you submit a delivery address outside of this country, we reserve the right to decline your order.

  1. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

  1. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.

  1. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.

  1. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.

clause 3 our offer and your order

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.

  1. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.

  1. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Bancontact, Visa, Mastercard, transfer. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.

  1. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next you choose you preferred way of delivery. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment. If you have completed these steps, your purchase becomes final.

clause 4 Right of withdrawal

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase. This is only the case when the goods are not personalised and not custom made.

  1. The direct costs of the return of the goods will thus be at your expense.

  1. We can refuse repayment as long as we have not received the returned goods.

  1. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.

  1. You can return you package through post or courier.

  1. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to info@eliwan.be. We will send you an acknowledgement of your withdrawal by email.

“MODEL WITHDRAWAL FORM”

(Only fill out and sent this form if you wish the withdrawal the agreement) - To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:



To

Eliwan bvba
Broekmansstraat 99
2221 Booischot
Belgium
info@eliwan.be




- Ik/Wij (*) deel/delen (*) u hierbij mede dat ik/wij (*) onze overeenkomst betreffende de verkoop van de volgende goederen/levering van de volgende dienst (*) herroep/herroepen (*)

- Ordered on (*) / Received on (*)          .          .          .          .

- Name/Names client

          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .


- Address consumer(s)


          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .

          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .

          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .


- Signature (only for paper forms)


          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .


- Date


          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .          .


(*) Please cross the parts which do not apply

Clause 5 Price

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.

  1. Our prices include all taxes, VAT and all other levies. Hence, you will never experience unpleasant surprises. Shipping is charged separately. Shipping costs are notified prior to the definitive confirmation of your order.

Clause 6 Payment

  1. We only accept advance payment through our website using the payment methods indicated there.

  1. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

CLAUSE 7 Conformity and Warranty

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.

  1. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.

To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.

During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

Clause 8 Delivery and execution

  1. All goods and services are delivered to the address provided by you when ordering.

  1. When a good is in stock it will be shipped to the delivery address within a period of 1 to 3 working days. If a good is not in webshop stock, the order will be delivered when all goods are available for shipping. The product page will indicate when we can ship.

  1. We normally use Bpost to for shipping. In some cases we will make sure goods are delivered by a cycling courier. This will have no impact on delivery time or cost.

  1. All goods are shipped with insurance. The costs is specified and charged when you confirm your order.

  1. If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.

  1. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.

  1. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery. Please use the return form (see article 4 above). If you have any questions while filling in this return form, you can contact one our employers on the email address info@eliwan.be.

  2. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

CLAUSE 9 Duration

  1. The Consumer has the right to terminate a contract of indefinite duration at any time, with due observance of the agreed termination rules and notice of at least one month.

  1. A contract which was entered into for a definite period of time has a duration of maximum two years.

  1. If a sale of goods contract for a definite period of time stipulates that in the case of non-action of the Consumer the Distance Contract will be extended, the contract will be continued as a contract of indefinite duration and will require a notice of at least one month.

  1. If a contract for the provision of services for a definite period of time was concluded between the Company and the Consumer and contains a clause to tacit renewal. This clause will be placed in bold letters and a in a frame separated from the text, on the front side of the first page.

  1. This clause will contain the consequences of a tacit renewal, among which are the provision of the next paragraph with regards to denunciation as well as the last possible date of opposition against the tacit renewal by the Consumer and the manner of notification of this opposition. The Consumer may, after the tacit renewal of a service contract of definite duration, at any given time and without any compensation terminate the contract, with due consideration of a notice of maximum two months.

CLAUSE 10 Force majeure

  1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

  1. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

Clause 11 Intellectual property

  1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.

  1. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. without our prior written and explicit consent.

clause 12 Complaints procedure and conflicts

  1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at info@eliwan.be. We will do the utmost to deal with your complaint within 7 days.

  1. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.

  1. In case of out of court commercial dispute settlements, the consumer ombudsman of the FPS economy is competent for every demand concerning out of court dispute settlement. They will either treat it themselves or forward it to a qualified entity. You have the possibility to contact the consumer ombudsman at the following link: https://www.consumerombudsman.be/en

  1. In case of a cross-border dispute you can make use of the Online Dispute Resolution platform of the European Union at the following link: https://ec.europa.eu/odr

1



Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.