De Nachtwacht
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General terms and conditions

General Terms and Conditions

Article 1 Identity of the seller

De Nachtwacht

Meensesteenweg 121 - 8500 Kortrijk

056/26 11 63

info@denachtwacht.be

VAT number: BE 862 484 012

IBAN: BE43 0014 1634 5601 - BIC GEBABEBB

Article 2 Applicability and conditions

  1. Our general terms and conditions apply to all agreements with you as a customer. Certain conditions only apply to consumers (any natural person who, exclusively for non-professional purposes, acquires or uses products or services marketed on the market). This is clearly stated.

  2. We only deliver in Belgium, the Netherlands, and France. If you provide a delivery address in another country, we may refuse your order.

  3. To place an order, you must be at least 18 years old. If you are not 18, a parent or legal guardian must place your order. If we find that a minor has placed an order, we may still refuse that order.

  4. You can always find our general terms and conditions on our website. Placing an order on the website constitutes express acceptance of our general terms of sale. You can always find these on our website.

  5. If, in addition to these general terms and conditions, additional special conditions apply, the above also applies to the special conditions. If our general terms and conditions were to conflict with those special conditions, you as a consumer can always invoke the text that is most advantageous for you.

Article 3 Our offer and your order

  1. If an offer has a limited validity period or is subject to certain conditions, we will expressly state this in that offer.

  2. We always describe as completely and accurately as possible what we are selling and how the ordering process will proceed. In any case, the description is detailed enough for you to make a good assessment. If we use images, these are a truthful representation of the goods and/or services offered. However, mistakes are human. If we have clearly made a mistake, we are not obliged to deliver.

  3. To purchase a product, you add the product to your shopping cart. You then fill in your contact details, delivery details, and billing details. Then you choose your delivery method: Shipping to Belgium, France, or the Netherlands. You can also choose to collect the goods in the store. In the final step, you get an overview of your order, accept our general terms and conditions, and confirm your payment by pressing the order button with the caption "Place order." Once you have completed these steps, your order is final.You can reserve a product via our webshop to come and view it within 24 hours of reservation, without any obligation to purchase. When you make a reservation via our webshop, you do not need to make a payment. However, providing your contact information is necessary.

  4. Your order is complete, and the agreement between us is final as soon as we confirm your order by email and as soon as we have received approval from the card issuer for your payment transaction. If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.

Article 4 Right of withdrawal

  1. If you, as a consumer, purchase goods or services from us, you have the right to decide that you do not want to keep the goods or services within 30 days. This period of 30 days starts from the delivery.

  2. You must return the goods to us within 14 days after you have informed us that you wish to withdraw from the agreement. The cost of returning the goods is at your expense. We will indicate what the cost of this is (or make an estimate if this cannot reasonably be calculated in advance).

  3. You can return the goods by post, a courier, or deliver them to our store.

  4. We will refund you the full purchase price within 14 days after we have received your order back and it is considered to be in its original condition after inspection. The refund includes delivery costs, unless you have chosen a different delivery method than the cheapest standard delivery offered by us when placing your order.

  5. During the first 30 days after delivery, we expect you to handle the order and packaging carefully. If you still want to return the goods, you may only unpack or use them to the extent necessary to assess whether you wish to retain them (as you would in a shop). If you return the goods, this must be done with all accessories supplied, in the original condition, if possible together with the original packaging, and following our instructions. If you go beyond what is necessary to assess the characteristics of the goods and the goods are thereby diminished in value, we may apply a proportional depreciation when refunding.

  6. The right of withdrawal does not apply to accessories and washing products.

Article 5 Price

  1. Our prices include all taxes, VAT, taxes, and services. So you will never be surprised.

  2. However, we can decide to charge shipping costs in addition to the purchase price. In that case, we always report this before you place your order.

Article 6 Payment

  1. We can only accept payment through the payment modules on our website.

  2. We accept Credit-Debit Card or Bancontact.

Article 7 Conformity and warranty

  1. We guarantee that our goods are in conformity with your order and meet the normal expectations you may have of them, taking into account the specifications of the product. We also guarantee that our goods comply with all laws in force at the time of your order.

  2. Warranty: N/A.

Article 8 Delivery and execution

  1. All goods and services are delivered to the address you provided when placing your order.

  2. The items offered on the webshop are in stock, which means that the delivery time is usually 5 working days.

  3. If we are unable to deliver on time, we will always notify you before the expected delivery date expires. We will then agree on a new delivery time with you.

  4. Our shipments are always at our risk. So you don't have to worry about goods that are lost or damaged in the mail. However, if you return goods to us within 30 days of purchase because you do not wish to keep them (see article 4), you are responsible for the transport.

  5. Visible defects must be reported as soon as possible and in any case within 3 days of delivery [possibly: with attached photos of the packaging and damaged or non-compliant goods]. When we talk about visible defects, we mean, for example, goods that were damaged during transport, do not match the items listed on the delivery note, or do not match the items you ordered (visible defects).

  6. We are not responsible for any consequential damage due to late delivery or non-delivery by our carrier. In any case, our liability is limited to the value of the items you prove not to have received.

Article 9 Force majeure

  1. In case of force majeure, we are not obliged to fulfill our contractual obligations. In that case, we can either suspend our obligations as long as the force majeure situation lasts or definitively terminate the agreement. Because force majeure is involved, we are not obliged to pay damages to you.

  2. Force majeure is any circumstance beyond our will and control that completely or partially prevents the fulfillment of our obligations. This includes, among other things, strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or used communication systems, and/or the unavailability of our website at any time, non or untimely delivery of third parties engaged, ...

Article 10 Intellectual property

  1. Our website, logos, texts, photos, names, and all our communication in general are protected by intellectual property rights that lie with us, our suppliers, or other rights holders.

  2. It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc., without our prior and explicit written consent.

Article 11 Complaints and disputes

  1. We naturally always hope that all our customers are 100% satisfied. If you do have complaints about our services, you can contact us by email at info@denachtwacht.be, by phone at 056/26 11 63, or via the contact form on our website. We will do everything we can to process your complaint as quickly as possible.

  2. Only Belgian law applies to all agreements we conclude with our customers, regardless of their place of residence. If, for reasons of international law, another law applies anyway, the Belgian Law on Market Practices and Consumer Protection as included in the Economic Law Code will have priority in the interpretation of these general terms and conditions. In the event of disputes, only the Belgian courts are competent.

  3. As a consumer, you also have the option of resolving the dispute outside of court. You can contact the Consumer Ombudsman Service of the Federal Government for this purpose. It is competent to receive any request for out-of-court settlement of consumer disputes. It will either handle the request itself or refer it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl