General sales and usage conditions of My-Smarthome.be
1. Who are we and how can you reach us?
E-mailadress: [email protected]
Telephone number: 00 32 (0)3/369.4567
Company number: 0637.822.708
Bank account number: BE77 9731 4041 8042
2. Applicability & Conditions
- Our general terms and conditions apply to every offer from us as a Webwinkelier to you as Consumer (any natural person who, for non-professional purposes only, obtains or uses products or services that have been placed on the market).
- We deliver all over Europe. If you provide a delivery address in another country, we can refuse your order.
- To place an order, you must be at least 18 years old. If you are not 18, we ask you to have the order placed by your parents or legal guardian. If we notice that an order has been placed by a minor, we can refuse this order.
- Placing an order on the website is the explicit acceptance of our general sales conditions that are always available via the website.
- If you order online, we will also send you a copy of these general terms and conditions in a format that you can save or print at the latest with the delivery confirmation. We also recommend that you always do this.
- If additional special conditions apply in addition to these general conditions, the above also applies to these special conditions. If our general terms and conditions conflict with those special conditions, you as a consumer can always invoke the most advantageous text to your advantage.
3. Our Offer and your order
- If an offer has a limited period of validity or is subject to certain conditions, we explicitly mention this in our offer.
- We always describe as fully and accurately as possible what we sell and how the ordering process will proceed. The description is in any case sufficiently detailed to let you make a good assessment. If we use images, they are a true representation of the offered goods and / or services. To err is, however, human and if we are obviously mistaken, we are not obliged to deliver you.
- Your order is complete and the agreement between us is final as soon as we confirm your order by e-mail and as soon as we receive the approval of the card from the card issuer for your payment transaction with credit or debit cards. We accept Visa, MasterCard, Maestro, Bancontact and bank transfer. If the issuer of your card refuses to agree with your payment to us, we can not be held responsible for delays in the delivery and / or non-delivery of your order. Orders without valid payment in the name of the registered cardholder are not accepted or processed.
- To purchase a product, add the product to your shopping basket. Afterwards you enter your contact details and invoicing data. Then choose your method of delivery: We work with Bpost and you can choose delivery at your home, at a collection point or post office. In addition, you can also opt for collection in our warehouse, by appointment, by telephone or by e-mail. In the last step you get an overview page, accept our terms and conditions and confirm your payment by pressing the order button with the caption "order with payment obligation". If you have followed these steps, your purchase is final.
4. Right of withdrawal
- If you buy goods or services from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or conclusion of the contract. You can then return your order without payment of a fine and without giving any reason (you pay the costs yourself). Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price with the same payment method you paid or by bank transfer.
- The direct costs of returning the goods are therefore at your expense. We will indicate what the cost price is or make an estimate, if this can not reasonably be calculated in advance. If the goods can not possibly be returned by mail, we will collect them from you and you will not be charged for this.
- We may wait with reimbursement until we have recovered the goods or until you have shown that you have returned the goods, whichever comes first.
- During the first 14 days after delivery, we expect that you carefully handle the order and packaging. If you still want to be able to return the goods as described above, you can only unpack or use them to the extent that is necessary to assess whether you wish to keep it well. Returned goods may be appropriate, but may not be used. If you return the goods, this should be done together with the original packaging, with all accessories and in the original condition and packaging and taking our instructions below into account.
- You can return your return package by post or courier.
- To exercise your right of withdrawal both in the case of delivery of services and delivery of goods quickly and correctly, you can fill in our return form and send it to [email protected] or Sint-Amandsesteenweg 382 - 2880 Bornem - Belgium . We will send you an acknowledgment of receipt of your cancellation by e-mail.
5. The price
- During the period that we mention in our offer, our prices do not change, except for price changes due to changes in VAT rates.
- Our prices include all taxes, VAT, taxes and services. You will never be faced with surprises. We can decide to charge the shipping costs on top of the purchase price. In that case, we always report that before you definitively place your purchase.
- We can only accept payment via the payment modules on our website.
- In order to guarantee secure online payment and the security of your personal data, the transaction data is transmitted encrypted with SSL technology over the internet. To pay with SSL you do not need special software. You can recognize a secure SSL connection at the "lock" in the bottom status bar of your browser.
7. Conformity and Warranty
- We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have, taking into account the specifications of the product. We also guarantee that our goods comply with all laws existing at the time of your order.
- In addition, with regard to the delivery of goods, we also apply the statutory minimum warranty period of two years if the good is not in conformity with the order placed. This means that in case of defects or defects to the good up to 2 years after delivery this good will be repaired free of charge or replaced.
Insofar as this is possible and reasonable, you have the choice between repair or replacement. Only in case the repair or replacement is excessive or impossible or can not be carried out within a reasonable period, you have the right to demand a price reduction or the dissolution of the sales agreement.
If the defect or defect manifests itself within 6 months after delivery, this is deemed to have already existed before the delivery, unless we can prove otherwise. After 6 months you will have to prove yourself that the defect was already present at the delivery.
- For a registered Velbus installation there is an extra guarantee of 3 years, so a total of 5 years warranty. See HERE for registration.
8. Delivery and execution of order
- All goods and services are delivered to the address specified by you in your order.
- When an item is in stock it is offered at your delivery address in 1 to 4 working days. When an item is not in store in stock, it is offered at your delivery address in 3 to 6 working days. We inform you about the delivery term in your order confirmation.
- Deliveries take place the next working day if the order is placed before 16: 00hr and the item (s) is in stock, the stock is clearly indicated on the website.
When the order happens on weekends, your order will be shipped Monday for delivery on Tuesday. The Delivery is free from a purchase price of 50 Euro.
- If we are unable to deliver on time, we will always inform you before the expiration of the planned delivery period. If we do not, you can cancel your order free of charge. In that case, we will refund you within 30 days after termination.
- Our shipments are always at our risk. So you do not have to worry about goods that are lost in the mail. However, if you return goods to us within 14 days of purchase because you would rather not keep them, you are responsible for transportation.
- If the goods delivered by us during the transport were damaged, do not correspond to the items that are mentioned on the delivery note or do not correspond with the items you ordered, you must report this as soon as possible and certainly within 3 days and the articles send us back within 14 calendar days of receipt
We can not be held responsible for any consequential damages due to late delivery or non-delivery by the carrier that the company has appointed. Our liability in such cases is limited to the value of the items that are shown not to have been received by the customer.
- The Consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement that has been entered into for a fixed term has a maximum term of two years.
- If it has been agreed in a fixed-term goods agreement that the distance contract will be extended in the event of the Consumer's silence, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
- Where a fixed-term contract of service concluded between the Enterprise and the Consumer includes a term for tacit renewal, this term shall be placed in bold letters and in a frame separate from the text, on the front of the first page.
- This clause states the consequences of the tacit renewal, including the provision of the following paragraph regarding the termination, as well as the final date on which the Consumer can oppose the tacit renewal of the agreement and the manner in which he gives notice of this objection. After the tacit renewal of a fixed-term service contract, the Consumer can at any time terminate the contract without compensation with due observance of the notice period of a maximum of two months.
10. Force Majeure
- In case of force majeure we are not obliged to fulfill our obligations. In that case we can either suspend our obligations for the duration of the force majeure or terminate the agreement definitively.
- Force majeure is any circumstance beyond our control and control that prevents the fulfillment of our obligations in whole or in part. This includes, among other things, strikes, fire, business failures, power failures, disruptions in a (telecommunication) network or connection or used communication systems and / or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties engaged, ...
11. Intellectual ownership
- Our website, logos, texts, photographs, names and in general all our communications are protected by intellectual property rights that are either with us or with our suppliers or other entitled parties.
- It is forbidden to make use of and / or to make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs, texts, logos, color combinations, etc ... without our prior and express written permission.
12. Complaints procedure and disputes
- We always hope that all our customers are 100% satisfied. If you still have complaints about our services, you can contact us via [email protected] We do everything to treat your complaint within 7 days.
- All agreements that we conclude with our customers, regardless of their place of residence, are governed exclusively by Belgian law and in disputes only the competent Belgian courts are competent. If, for reasons of international law, another law applies, in the interpretation of the current general terms and conditions, firstly, reference will be made to Book VI of the Belgian Economic Law Code
- In the event of extrajudicial settlement of the dispute, the Consumer Consumption Service of the Federal Government is authorized to receive any request for extrajudicial settlement of consumer disputes. This in turn will either handle the request itself or send it to a qualified entity. You can reach the Consumer Consumers via this link: https://www.consumentenombudsdienst.be//en
- In case of disputes with a cross-border nature, you can also appeal to the European Union's Online Dispute Resolution platform via this link: https://ec.europa.eu/odr