General conditions
Company details , seller website & webshop
https://www.liezelijn.be/ is owned by :
Liezelijn
Lies Slaets
Farmer Creek Street 127
2800 Mechelen - Belgium
+32479600976
info@liezelijn.be
Managing director: Lies Slaets
Ondernemingsnummer: 0726.683.220
A good customer relationship is important, therefore we would like to point out the mutual rights and obligations. These can be found in the general terms and conditions below. Do you order something in the shop? Then you agree to these terms and conditions. Any questions? Send an email to info@liezelijn.be.
What do we mean by parties and conditions?
In these Terms and Conditions, the following definitions shall apply:
'Liezelijn': Liezelijn GCV, with registered address at Boerenkrijgstraat 127, 2800 Mechelen, Belgium, registered under company number 0726.683.220
'Buyer' means any natural person (B2C) or legal entity (B2B) that is or will be in a contractual relationship of any kind with Liezelijn.
"Consumer" means any natural person in the capacity of Buyer acting for purposes outside his business or professional activity.
"Products" means the subject matter of one or more purchase agreements.
'Sales contract' means any contract whereby the merchant undertakes to transfer ownership of goods and/or provide a service to the Buyer. This Buyer in turn undertakes to pay the price thereof.
These Terms of Sale apply to all current and future Sales Agreements between Liezelijn and the Buyer. Once you use our website, you as the Buyer accept these Terms of Sale, as well as all other rights and obligations as stated on the website.
In principle, these Terms of Sale shall always and exclusively apply, except in the case of an express deviation. An express deviation is valid only insofar as it is the result of mutual agreement expressly recorded in writing. Express deviations are valid only to replace or supplement the clauses to which they relate. The other provisions of these Terms of Sale shall remain in full force and effect in any event.
Liezelijn reserves the right to modify and/or supplement the Terms of Sale at any time for future orders. Any future amendment will obviously not affect existing product orders and resulting agreements.
General
These conditions apply to every offer, quotation and agreement between Liezelijn and the Client, unless the parties have expressly deviated from these conditions in writing. These conditions also apply if Liezelijn engages third parties for the execution of the agreement. By placing an order through the website, Customer declares to be familiar with these terms and conditions and to accept them. The information given through the website of Liezelijn is also part of these general conditions. If there is ambiguity regarding the interpretation of these terms and conditions or if situations arise which are not regulated in these terms and conditions, this situation will be judged according to the spirit of these terms and conditions.
How are prices expressed?
The prices as stated on the website of Liezelijn are in euros. The prices can be changed at any time by Liezelijn. In case of exceptions this will be mentioned on the website. All quotations and offers from Liezelijn are without obligation, unless the quotation sets a deadline for acceptance. A quotation or offer expires if the product or service to which the quotation relates is no longer available.
Liezelijn cannot be held to the quotation or offer if Client can reasonably understand that the quotation or offer contains a mistake or slip of the pen.
The prices mentioned in the quotation and on Liezelijn's website include packaging costs. Shipping costs are charged separately and depend on the agreed shipping method. In case of exceptions this will be mentioned on the website.
If the acceptance contains deviations from the quotation or offer, Liezelijn is not bound by it, unless written agreement has been reached between Liezelijn and the Customer. A composite quotation can only be accepted in its entirety. Liezelijn is not bound to deliver a part of the order at the corresponding part of the quoted price. Offers and quotations do not automatically apply to future orders.
How does the agreement come about?
The agreement between the Customer and Liezelijn is established when the Customer has placed an order through the website of Liezelijn, and this has been confirmed by Liezelijn by email. Liezelijn is entitled to refuse placed orders without giving reasons. Customer will be informed of this.
Data delivery
Client is responsible for correct delivery of data required to produce ordered items.
Before articles are produced, Customer must agree to the sample views or provided digital proof of the product. After approval by the Customer, Liezelijn cannot be held liable for errors in the data of the delivered article.
How will my product be delivered?
We process every order promptly. In accordance with the Economic Code, the deadline for delivery is thirty (30) days after receipt of the order, with the exception of payment by bank transfer where the deadline is 30 days after receipt of payment. Deliveries are made to the address provided by the Buyer during the formation of the agreement. Once the products to be delivered are delivered to the specified delivery address, the risk passes to the Buyer.
In the event that a product ordered by you should be out of stock, we undertake to notify you by email within fifteen days of placing the order and indicate the time within which the product can be delivered to you.
Liezelijn does everything within its power to respect the stated delivery times. However, Liezelijn assumes no responsibility for deliveries that arrive late or for an order that is lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the specified time, an investigation will be conducted with the carrier, which may take several days. During this period no refunds or alternative shipping can be made.
Defects and complaint submission
The Buyer is always obliged to carefully examine the products immediately upon receipt.
Complaints of the Buyer, which relate to defects in the product or delivery, which are externally observable, must be notified in writing to Liezelijn by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not (could not be) delivered to the Buyer). We recommend that you send your order by registered mail and take out insurance with the carrier, for the market value of the products. This is in case of theft or loss of the products with the carrier. For all returns, the costs are for the Buyer.
The Buyer is not entitled to return the products for which there are no justified complaints. If the foregoing is not complied with and goods are returned wrongly, all costs associated with returning the goods will be borne by the Buyer. In that case Liezelijn is free to store the products at the expense and risk of the Buyer with third parties, and/or at the implicit or explicit request and expense of the Buyer, to return these articles to the Buyer.
Right of Withdrawal
Article VI.47 Code of Economic Law stipulates that the Consumer may return the product within a period of 14 calendar days without any consequence, in terms of penalties or statement of reasons. This is called the right of withdrawal.
The Consumer wishing to invoke the right of withdrawal must always do so expressly, unambiguously and in writing. Here it is up to the Consumer to prove that he can invoke his right of withdrawal and he must clearly communicate the following data to Liezelijn:
- The indication of following three dates, namely the date of order, the date of receipt and the date on which the right of withdrawal is used;
- Consumer's name and address;
- Consumer's signature;
Any return must be sent by the Postal Service or another carrier within 14 calendar days of exercising the right of withdrawal. Returning an order is at the expense and risk of the Consumer, except if the product is non-conforming. Within the deadline, the customer must return the product to Liezelijn and request a return document at info@liezelijn.be. The returned product must have an RMA number (Return Merchandise Authorization), at the risk of failing to return to the Consumer.
In case of a valid and legally correct use of the above mentioned right of withdrawal, Liezelijn will, within seven (7) working days, take care of reimbursement of the sum paid by the Consumer to Liezelijn, by means of a chosen but internationally generally accepted payment method. In case of unauthorized use of the right of withdrawal, the goods will be returned to the Consumer, at the Consumer's own expense and risk, subject to reasoned notification.
Transport
Liezelijn shall ensure proper packaging of its delivered items. Packaging materials will not be taken back by Liezelijn. Damage to packaging materials are not considered product damage, and Liezelijn cannot be held liable for damage to the packaging due to transport.
Force majeure
Liezelijn will do everything possible to fulfill the obligations. However, Liezelijn can not be held liable for a delay or failure to fulfill commitments if this is caused by circumstances beyond Liezelijn's control. Of course we will try to find appropriate solutions as soon as possible to fulfill the obligations.
How does payment work?
Items ordered shall be paid directly in advance by the Customer. Items will not be taken into production until full payment due has been received by Liezelijn. For custom made items, payment in arrears applies - an invoice will then be issued after approval by Client. An invoice is subject to a payment term of ten days.
If Client fails to pay an invoice on time, Client shall be in default by operation of law. Client shall then owe interest equal to the statutory interest rate. The interest on the amount due will be calculated from the moment the Customer is in default until the moment of payment of the full amount due. Collection costs incurred by Liezelijn shall be borne by the Customer.
Retention of title
Liezelijn remains full owner of the delivered products until Customer has fulfilled its payment obligation in full.
Agreement
If a sample has been provided by Liezelijn to the Customer, it shall be considered an indication. Deviations between the final product and the shown sample of minor importance are no reason for dissolution of the agreement, discount or compensation.
Complaints submitted after sending the cards or putting the products into use can no longer be considered. Client has at that time accepted the products as delivered. No discount or compensation can then ever be claimed.
Warranty
Liezelijn guarantees that the delivered products meet the usual requirements and standards that can be set for them and are free of any defects whatsoever.
If the delivered product is defective, Client is entitled to repair or replacement of the product. Customer is only entitled to replacement if repair of the product is not possible. To this end, the goods to be replaced and/or repaired must be sent to Liezelijn carriage paid. Liezelijn shall become the owner thereof.
Liezelijn, if repair or replacement is impossible, has the right to rescind the agreement and credit Customer in full.
The warranty stated here does not apply when the defect has arisen as a result of injudicious or improper use or when, without written consent of Liezelijn, Customer or third parties have made changes or attempted to make changes to the case or have used it for purposes for which the product is not intended.
Customer can not claim warranty if the defect is caused by or resulting from circumstances beyond Liezelijn's control, including weather conditions, et cetera.
Liability
If Liezelijn should be liable, this liability is limited to what is regulated in this provision. Liezelijn is not liable for damages of any kind, caused because Liezelijn is based on incorrect and / or incomplete data provided by or on behalf of the Customer. Liezleijn is exclusively liable for direct damage. Liezelijn is never liable for indirect damage. If Liezelijn should be liable for any damage, the liability of Liezelijn is limited to a maximum of three times the invoice value of the order, at least to that part of the order to which the liability relates. The liability of Liezelijn is in any case always limited to the amount of his insurer's payment in appropriate cases. The limitations of liability in this article do not apply if the damage is due to intent or gross negligence of Liezelijn.
Risk transition
The risk of loss, damage or depreciation shall pass to Client at the time items are brought into Client's control.
Waivers
The Customer indemnifies Liezelijn for any claims by third parties, which in connection with the execution of the agreement suffer damage and whose cause is attributable to other than Liezelijn. If Liezelijn on that account by third parties may be addressed, the customer is obliged to assist Liezelijn both extra-judicially and judicially and immediately do everything that can be expected from him in that case. Should the Customer fail to take adequate measures, Liezelijn is entitled, without notice of default, to do so itself. All costs and damages on the part of Liezelijn and third parties thereby incurred, are integrally for the account and risk of the Customer. The Customer indemnifies Liezelijn against claims of third parties concerning intellectual property rights on materials or data provided by the Customer, which are used in the execution of the agreement.
Copyright and intellectual property
Liezelijn reserves its rights and powers under the Copyright Act and other intellectual laws and regulations. All designs of Liezelijn are subject to copyright. The designs of Liezelijn may not be reproduced, distributed or made public in any way without the express prior written consent of Liezelijn.
The Client is not permitted to make changes to the goods, unless it follows from the nature of the delivered goods or has been agreed otherwise in writing. The designs, sketches, drawings, films, software and other materials or (electronic) files, which may have been created by Liezelijn in the framework of the agreement, remain property of Liezelijn, regardless whether they have been handed over to the client or to third parties, unless otherwise agreed.
All documents provided by Liezelijn, such as designs, sketches, drawings, etc., if any, are exclusively intended to be used by the client and may not be reproduced, disclosed or brought to the knowledge of third parties by the client without the prior consent of Liezelijn, unless the nature of the documents provided dictates otherwise.
Liezelijn reserves the right to use any knowledge gained by the implementation of the work for other purposes, as long as no confidential information is brought to the knowledge of third parties. Reproduction and distribution of (parts of) texts, images and/or use of the trade name or logo of Liezelijn is not allowed without prior written consent of Liezelijn. The printed material delivered by Liezelijn is discreetly provided with the name Liezelijn to express the copyright protection. It is not possible to order printed material without this attribution.
Privacy
Personal data provided by the Customer will only be used by Liezelijn and will not be made available to third parties, provided it is necessary for payment and delivery of the order. Personal data will never be made available to third parties for commercial purposes.
Applicable law and disputes
All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded. All disputes related to or arising from offers of Liezelijn, or agreements concluded with it, shall be submitted to the courts of the judicial district of Antwerp, subject to the application of a mandatory provision to the contrary.
