TERMS & CONDITIONS
Commercial name of the webshop: mon-MO
Address of the activity: Rue de Cumont 100, 5570 Wancennes, Belgium (*)
Tel: +32(0)477 77 24 93
VAT number: BE0472.698.717
Head office address: Parklaan 22 box 13, 2300 Turnhout, Belgium
(*) All mail, parcels, etc. ... must be sent to the address of the activity, NOT to the head office address. Thank you.
Clause 1: General Terms
The e-commerce website of FNAFF, a BVBA with its head office at Kongostraat 149, 2300 Turnhout, VAT BE 0472.698.717, RPR Turnhout, (hereinafter ‘FNAFF') offers its Customers the possibility to purchase the products of its webshop online.
Present General Terms ("Terms") apply to each order placed by a visitor of this e-commerce website (“Customer”). These terms and conditions form an integral part of the Agreement and exclude the Customer’s own terms and conditions. These may only be deviated from when agreed in writing by FNAFF. The Customer explicitly acknowledges that he has read these terms and conditions and fully accepts these terms and conditions without reservation.
Clause 2: Price
All mentioned prices are in EURO, and always include VAT and all other compulsory taxes the Customer has to bear.
In case costs regarding delivery, reservation or administration are charged, this will be mentioned separately.
The mention of the price only includes the articles that are verbally described. The accompanying photographs have a decorative purpose only and can contain elements, which are not included in the price.
Clause 3: Offer
Although the online catalogue and the e-commerce website are built with the greatest care, it is however still possible that the available information is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors regarding the offered goods are not binding. As regards correctness and completeness of the available information, FNAFF is only bound by obligation of means. FNAFF is not in any circumstances responsible in the event of manifest material errors, typos or printing errors.
In case the Customer has specific queries about for example sizes, colours, availability, delivery times or shipping methods, we kindly ask the Customer to contact our Customer service in advance.
The offer applies as long as the product is available in stock and can be adapted or removed by FNAFF. FNAFF cannot be held responsible for the non-availability of a product. If a product should have a limited shelf life or if this happens under certain conditions, this will be explicitly mentioned.
Clause 4: Online purchases
After having placed the articles in the shopping cart, the Customer must set up an account, containing the necessary address and contact information. Besides, the Customer must accept these Terms and Conditions before he can proceed with the purchase. The products will be sent to the by the Customer given address and the Customer will receive an email specifying the shipping date.
The Customer can choose between the payment options mentioned below:
FNAFF reserves the right to refuse an order due to a serious shortcoming from the Customer with regard to the orders in which the Customer is involved.
Clause 5: Delivery and execution of the agreement
The Customer pays the price of the article or the articles with addition of the mentioned delivery costs. After FNAFF has received the payment from the Customer, the order is usually sent to the Customer within 2-4 working days.
Unless agreed otherwise or explicitly determined in any other way, the delivery time of the articles is approximately 10 days (weekends and bank holidays not included) after reception of the payment.
Products ordered on this webshop are delivered in Belgium and most European countries.
Delivery is done by bpost (Belgian postal service) and DPD.
Each visible damage and/or quality flaw of a product, or another shortcoming upon delivery, must be reported immediately by the Customer to FNAFF, within 3 days after the date of reception of the products.
The risk due to loss or damage is transferred to the Customer as of the moment he (or any other third party appointed by the Customer, who is not the shipping company) takes physical possession of the goods.
Clause 6: Reservation of title
The goods delivered remain the property of FNAFF until full payment is received for the principal, interest and applicable charges.
The Customer is obliged, if necessary, to inform a third party about the reservation of title of FNAFF, for example to anyone who could confiscate partially paid goods.
Clause 7: Right of withdrawal
The stipulations in this clause only apply to Customers that purchase goods online at FNAFF in the capacity of consumer.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons.
The term of withdrawal expires 14 calendar days after the day on which the Customer, or a third party appointed by the Customer, who is not the shipping company, takes physical possession of the goods.
In order to exercise the right of withdrawal the Customer must inform
Fnaff BVBA, rue de Cumont 100 , 5570 Wancennes, Belgium
by means of an unequivocal statement (in writing per post or e-mail) of his decision to withdraw from the agreement. To this end the Customer can use the template form for withdrawal in annex, but is not obliged to make use of it.
In order to comply with the term of withdrawal, the Customer shall send his decision to withdraw from the agreement before the term of withdrawal has expired.
The Customer must immediately, yet no later than 14 days after the day he informed FNAFF about his decision to withdraw from the agreement, return the goods to Fnaff BVBA, rue de Cumont 100, 5570 Wancennes, Belgium.
The direct costs associated with returning the goods are borne by the Customer.
In case the returned goods have one way or the other decreased in value, FNAFF reserves the right to hold the Customer responsible and to claim compensation for each loss in value of the goods, that is the result of the use thereof by the Customer, which goes beyond what is necessary to establish the nature, the characteristics and the functioning of the goods.
Only those products, which are in their original packaging, together with all accessories and invoice or proof of purchase, can be taken back.
In case the Customer withdraws from the agreement, FNAFF shall reimburse the Customer all payments received at that moment from the Customer, including the standard delivery costs, within maximum 30 calendar days after FNAFF has been informed about the decision of the Customer to withdraw from the agreement. In case of sales agreements FNAFF can wait with the reimbursement until all goods have been returned to him, or until the Customer has proven that he has shipped the goods back, depending on which date comes first.
Any other additional expenses as a result of the choice of the Customer for another delivery method than the cheapest standard delivery method offered by FNAFF, shall not be reimbursed.
FNAFF reimburses the Customer by way of the same payment method as the one the Customer has executed the original transaction with, unless the Customer has explicitly agreed with another method. In any case, the Customer shall not be charged any expenses for such a reimbursement.
Clause 8: Warranty
In view of the law of 21 September 2004 concerning the protection of the consumer when purchasing consumer goods, the consumer has certain legal rights. This legal warranty applies from the date of delivery to the first owner. Each commercial warranty leaves these rights without prejudice.
In order to invoke the warranty, the Customers must be able to show a proof of purchase. Customers are advised to keep the original packaging of the goods.
For items that were purchased online and that were delivered to the Customer’s given delivery address, the Customer needs to contact the Customer service department, (email@example.com), after which the Customer will have to return the goods at his costs to FNAFF.
Every defect must be reported as soon as possible to FNAFF. In any case, each defect must be reported within 2 months after the defect has been detected by the Customer. After which, any right to free repair or exchange will be void.
The (commercial and/or legal) warranty never applies to defects that were created because of force majeur, accidents, negligence, falls, abnormal or incorrect usage, use of the item for other purposes than the ones it is intended for, changes or modifications made to the item, hard-handed usage, improper maintenance.
The warranty expires immediately in case of repairs or interventions done by the Customer or a third party.
Defects that arise after a period of 6 months after the date of purchase or delivery are not considered as hidden defects, unless the Customer can provide evidence to the contrary.
Clause 9: Customer service
The customer service of FNAFF (mon-MO) can be reached via e-mail at firstname.lastname@example.org or per post at the following address: rue de Cumont 100, 5570 Wancennes, Belgium. Possible complaints can be filed at the aforementioned addresses.
Clause 10: Sanctions in case of non-payment
Without prejudice to the exercise of any other rights possessed by FNAFF, a penalty interest of 10% on a yearly basis is legally and without final reminder charged to the customer in case of non-payment or late payment as of the date of the non-performance. Besides, a fixed compensation of 10% of the sum concerned is legally and without final notice charged to the Customer, with a minimum of 25€ per invoice.
Without prejudice to the aforementioned, FNAFF reserves the right to take back the unpaid or not completely paid products.
Clause 11: Privacy
The person in charge of the processing, FNAFF, respects the Belgian legislation of 8 December 1992 regarding the protection of privacy and processing of personal data.
The personal data you supplied shall only be used for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters if the Customer wishes so.
You are legally entitled to examine and possibly correct your personal data. Providing a proof of identity (copy of identity card) you can ask FNAFF, rue de Cumont 100, 5570 Wancennes, Belgium, email@example.com by way of written, dated and signed request, to transfer to you your personal data in writing for free. If necessary, you can also ask to correct those data, which are incorrect, incomplete or irrelevant.
We treat your data as confidential information and shall not transfer, rent or sell them to a third party.
The Customer is solely responsible for keeping his login data and the use of his password confidential. Your password is saved in coding, and as a result FNAFF has no access to your password.
FNAFF keeps online (anonymous) visitor statistics, in order to see what pages of the internet site are visited to what extent.
If you should have questions about this privacy statement, you can contact us at firstname.lastname@example.org.
Clause 12: Use of van cookies
While visiting the website, 'cookies' may be installed on the hard disk of your computer. A cookie is a text file, which is placed by the server of a website into the browser of your computer or on your mobile device while you are visiting a website. Cookies cannot be used to identify a person, a cookie can only identify a machine.
You can change the settings of your internet browser in such a way that cookies are not accepted, that you will receive a warning when a cookie is installed or that the cookies are removed from your hard disk afterwards. You can do this in the settings of your browser (by way of the help function). However, take into account that certain graphical elements cannot be displayed correctly, or that you will not be able to use certain applications.
By making use of our website, you agree with our cookies policy.
Clause 12: Deficiency of validity – non-waiver
If any given provision of these Terms is declared invalid, unlawful or voided, they will not in any way affect the validity, legality and applicability of other provisions.
Failure at any time by FNAFF to enforce the right of one of these Terms, or to use the rights of any of them, will never be seen as a waiver to these terms and will never affect the validity of these rights.
Clause 13: Modification of terms
These Terms are supplemented by other terms, to which explicit mention is made, and the general sales Terms of FNAFF. In case of contradictions, present Terms prevail.
FNAFF reserves the right to modify these Terms at any moment without prior warning. Each purchase made after modification of the Terms means acceptance of these new Terms by the Customer.
Clause 14: Proof
The Customer agrees that electronic communication and back-ups can be used as proof.
Clause 15: Applicable law - Jurisdiction
Belgian legislation is applicable, with the exception of the Terms of the International Privacy law about applicable law and with the exception of the Treaty of Vienna on international sales agreements regarding movable goods. In case of possible conflicts the courts of Turnhout (Belgium) are solely competent.
Dear Customer, this form only needs to be filled out and sent to us if you wish to withdraw from the agreement.
To FNAFF BVBA, rue de Cumont 100, 5570 Wancennes, BTW BE0472.698.717:
I/We (*) hereby inform you that I/we (*) withdraw from the agreement regarding the sale of the following goods:
Ordered on (*)/Received on (*):
Name/Names of the consumer(s):
Signature of the consumer(s) [only if this form is sent on a hard copy]:
(*) Delete where not applicable.