Terms and conditions

Terms and Conditions www.dekeyzer.be

Last updated: 14 August 2017

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period during which the consumer may exercise his right of withdrawal.

2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into a distance contract with the trader.

3. Day: calendar day.

4. Extended transaction: a transaction relating to a series of goods and/or services for which the delivery and purchase obligations extend over a period of time.

5. Durable database: any means that enables the consumer or the trader to store information personally addressed to him in a way which makes future consultation and unaltered reproduction of the information stored possible.

6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.

7. Sample form: the sample form for withdrawal provided by the trader and which the consumer may complete if he wishes to exercise his right of withdrawal.

8. Trader: the natural or legal entity who remotely offers products or services to consumers.

9. Distance contract: contract which is concluded exclusively by the use of one or more forms of distance communication technology, as part of the distance sales or service system, set up by the trader.

10. Technology for distance communication: a means to be used for concluding a contract, without the consumer and the trader being together in the same place at the same time.

11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the seller

We are:

Dekeyzer bvba/sprl

Industrielaan 55

8930 Menen

Email address: info@dekeyzer.be

Phone number: 056/52 13 40

Fax number: 056/52 13 41

Company registration number: BE 0453.786.685

Bank account number: BE 70 46 8522 2051 25


 Article 3 – Application

1. These terms and conditions apply to any offer of the trader and to any distance contract and orders between the trader and consumer.

2. Before the distance contract is concluded, the text of the terms and conditions will be made available to the consumer.

3. Placing an order on the website will be deemed as the implicit acceptance of the general sales conditions which are available on the website at any time.

4. When placing an order on the website, these terms and conditions are provided to the consumer together with the order confirmation or at the latest at delivery in a format which the consumer can print or save.

5. In the event that special product or service conditions apply in addition to these terms and conditions, the second and third paragraph are also applicable and in the event of conflicting terms and conditions, the consumer may at all times invoke the applicable provision that is most favourable to him.

6. If one or more of the provisions in these terms and conditions are or become null and void or annulled entirely or in part at any time, the contract and these terms and conditions will otherwise remain in force and the respective provision will be replaced immediately by mutual consultation, by a provision as close as possible to the purport of the original provision.

7. If an event or situation or uncertainty arises that is not stipulated in these terms and conditions, then it should be assessed in the spirit of these terms and conditions.

Article 4 – The offer

1. If an offer has limited validity or if conditions apply, it will be explicitly stated in the offer.

2. The offer is subject to contract. The trader is entitled to change and adjust the offer at any time, as long as it has not been accepted by the consumer.

3. The offer contains a complete and accurate description of the products and services being offered. By accepting, the consumer recognises that the description is sufficiently detailed to allow a good assessment of the offer by the consumer. Illustrations provided by the company will be as truthful and accurate as possible to represent the products and services being offered, however obvious mistakes or errors in the offer are not binding for the trader.

4. The trader cannot guarantee that the colours displayed match the real colours of the products. Deviations in colour will never provide cause for dissolution or right to compensation.

5. Each offer contains all necessary information clearly setting out the consumer’s rights and obligations related to the acceptance of the offer. In particular:

  • price inclusive of tax;
  • any shipping costs;
  • whether the right of withdrawal applies;
  • method of payment, delivery and execution of the contract;
  • timeframe for accepting the offer, or timeframe for the trader to honour the price;
  • whether the contract will be filed after being concluded, and if yes, how it may be consulted by the consumer;
  • the manner in which the consumer, before concluding the contract, is able to verify and if desired restore the details provided in context of the contract;
  • available sizes, colours and type of materials.

 Article 5 – The contract

1. The contract is concluded at the time of confirmation of the order by email from the trader and as soon as the trader receives payment from the consumer.

2. If the credit or debit card issuer refuses to approve the payment of the consumer, the trader cannot be held responsible for delays in delivery and/or non-delivery of the order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.

3. If the consumer has accepted the offer electronically, the trader will immediately electronically confirm receipt of acceptance of the offer. The consumer may dissolve the contract free of charge as long as the receipt of acceptance has not been confirmed by the trader.

4. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transmission of data and will secure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

5. The trader may gather information on the consumer’s ability to fulfil his payment obligations, as well as on all the facts and factors that are material for duly concluding the distance contract. If the trader has good reasons not to enter into the contract based on this inquiry, he is entitled to refuse an order or request or to link special conditions to the contract, provided he gives the consumer a reason.

6. The trader will send the following information along with the product or service, in writing or in such a manner that the consumer can store it in an accessible manner on a long-term data carrier:

  • a. physical address of the registered office of the trader where the consumer can get into contact for any complaints;
  • b. conditions for and the way in which the consumer may exercise his right of withdrawal;
  • c. information on warranties and existing after-sales service;
  • d. details recorded in article 4 paragraph 3, unless the trader has already provided these details to the consumer before the execution of the contract;

 7. Each contract is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of withdrawal

1. With the purchase of products that are not tailor-made, the consumer has a period of 14 days to dissolve the contract without giving any reasons. This cooling-off period commences on the day after the product was received by the consumer or a representative previously designated by the consumer and announced to the trader.

2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product as far as necessary in order to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, he will return at his own expense the product with all the delivered accessories and in its original state and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 14 days after receipt of the product. This notification must be done by means of the sample form. After the consumer has notified the trader that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered items have been returned on time.

4. If the consumer, after expiry of the time limits mentioned in paragraph 2 and 3, has not notified the trader that he wishes to exercise his right of withdrawal, or has not returned the product to the trader, the sale can no longer be withdrawn and is final.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs for the return are at his expense.

2. If the consumer has paid an amount, the trader will reimburse this amount as soon as possible, but at the latest within 14 days after withdrawal, provided that the product has been returned to the trader. Reimbursement occurs via the same payment method as the one used by the consumer, unless the consumer expressly approves another payment method.

3. In the event of damage of the product due to improper use by the consumer, the consumer will be held liable for any diminished value of the product.

Article 8 – Exclusion of right of withdrawal

1. The right of withdrawal of the consumer is excluded for products that are tailor-made or that were created according to specifications of the consumer.

Article 9 - The price

1. During the term of validity stated in the offer, the prices of the offered products or services will not be raised, except for price changes due to changes in VAT rates.

2. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.

3. Prices stated in the offer of products or services are inclusive of VAT.

4. All prices are subject to misprints. No liability is accepted for misprints. In the event of misprints, the trader is not obliged to deliver the product at the misprinted price.

Article 10 – Compliance and warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that are current on the date on which the contract was concluded.

2. A warranty issued by the trader, manufacturer or importer does not detract from the legal rights and claims the consumer may enforce against the trader as a result of the contract.

3. The consumer must notify the trader in writing within 14 days of any hidden defects or non-compliance of the delivered products. The products must be returned in their original packaging.

4. The warranty period of the trader corresponds with the warranty period of the manufacturer. The trader is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty will not apply if:

  • The consumer has repaired or modified the delivered products himself or had them repaired or modified by a third party;
  • The delivered products were exposed to abnormal circumstances or otherwise handled improperly or contrary to the instructions of the trader and/or packaging;
  • The poor quality is fully or partially due to government regulations with respect of the nature or quality of the materials used.

 Article 11 – Delivery and implementation

1. The trader will exercise the best possible care when receiving and implementing orders of products and when assessing requests for provision of services.

2. The place of delivery is the address the consumer has provided to the trader. The trader delivers in Belgium only. If a removal lift is required for the delivery, it is up to the consumer to organise and pay for this.

3. Subject to the provisions in paragraph 4 of this article, the trader will implement accepted orders expeditiously however no later than within 60 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if a delivery cannot or only partially be implemented, the consumer will be notified within 30 days from when the order was placed. In this event, the consumer is entitled to dissolve the contract free of charge. The consumer is not entitled to compensation.

4. All delivery periods are indicative and not binding for the trader. Exceeding of a period does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will reimburse the amount that the consumer has paid as soon as possible but at the latest within 14 days after dissolution.

6. If the delivery of an ordered product appears to be impossible, the trader will endeavour to make a replacement item available. The trader will notify the consumer of this.

7. Unless expressly stated otherwise, the risk of damage and/or loss of products will remain with the trader until the time they are delivered to the consumer or a previously designated representative.

8. If the consumer exercises his right of withdrawal, the risk of damage and/or loss of products will remain with the consumer until the time of delivery to the trader.

Article 12 – Payment

1. The amounts owed by the consumer must be paid as soon as possible and within 7 working days from the order. The sale is only concluded when payment is received (cf. 5.1 of the terms and conditions). Any price increases for whatever reason may be passed on to consumers if payment is not received on time by the trader.

2. In the event of non-payment by the consumer, the trader is entitled to charge reasonable costs incurred which were previously communicated to the consumer, subject to legal restrictions.

Article 13 – Force majeure

1. In the event of force majeure, the trader is not obliged to fulfil his obligations. In this event, the trader may opt to either suspend his obligations for the duration of the force majeure, or dissolve the contract permanently without right to compensation for the consumer.

2. Force majeure is any circumstance beyond the will and control of the trader, which prevents the fulfilling of his obligations in full or in part. This includes without limitation: strikes, fire, operating faults, power failures, failures in a (telecommunication) network or connection or used communication systems and/or temporary down-time of the website of the trader, late delivery or non-delivery of suppliers or other third-parties, ...

Article 14 – Intellectual property

1. The website of the trader, as well as his logos, texts, photos and names in his communication are protected by intellectual property rights which belong to either the trader, or his suppliers or other proprietors.

2. It is forbidden to make use and/or make changes to the intellectual property rights as described in this article. Hence the drawings, photos, names, texts, logos and colour combinations, etc… appearing on this website may not be copied or reproduced without prior and explicit written consent of the trader.

Article 15 – Complaints procedure

1. Complaints about the implementation of the contract must be lodged with the trader in writing and described completely and clearly within 7 days, via info@dekeyzer.be, regardless of what is stated in article 10 of the terms and conditions.

2. Complaints lodged with the trader will be answered in writing within a period of 7 days from the date of receipt. If a complaint demands a foreseeable longer processing time, the trader will reply within the period of 7 days with an acknowledgement of receipt and an indication of when the consumer may expect a more elaborate reply.

3. If a complaint is deemed to be well-founded by the trader, the trader will opt to replace or repair the delivered products free of charge.

Article 16 – Disputes

1. Contracts entered into by the trader and the consumer and which are subject to these terms and conditions are subject only to Belgian law.

2. The Vienna Sales Convention is not applicable.

Article 17 – Additional or deviating provisions

Additional provisions and/or deviations from these terms and conditions may not be to the detriment of the consumer and must be put in writing or recorded in such a way that the consumer can store them in an acc