Read these general conditions of sale (” Contract “) carefully before placing an order. By checking the empty box ” I accept the general conditions ” and placing an order for Products on the website www.paintdeals.com (” Website “), you confirm that you have read these general conditions of sale and agree to be bound by speak this Agreement.
Please note that you can print this Agreement by means of your browser Internet or by clicking on the link contained in the confirmation order that you receive after having placed an order.
1. INFORMATION ABOUT US
PaintDeals is the trade name of the company Belgian who as a result social PaintDeals.com, registered at Straatsburgdok Noordkaai 3, 2030 Antwerpen Belgium, and registered in RPM Brussels under the number of business / number of VAT BE0766834389 (” We “, ” Our “, ” Our “). In Belgium, we are managing the Website www.paintdeals.com and sell, by means of this Website, the products of paint and accessories.
2. ELECTRONIC COMMUNICATIONS
For contractual purposes, you consent to receive communications from Us electronically and you agree that the electronic communication (by e-mail, back-up, etc.) may serve as proof and be treated as a signed paper document of handwritten way.
3. OUR CONTRACT
3.1. Your order is an offer to purchase Our products listed in your order (“ Order ”).
3.2. The term ” product ” used in the singular or the plural form refers to all the items we sell and which are included on the Website as being sold directly ((s) ” Product (s) “).
3.3. When you pass an order to buy one of our products, we will send you an e-mail confirming the receipt of your order and the details of the Order (the ” Confirmation Order “) and a link to the present Agreement you allowing to print or to save.
3.4. We confirm, by the confirmation order, to have received and accepted your order, and a contract (sales) is thus formed.
3.5. You agree to receive the bills in an digital format. Digital invoices will be sent to you by e-mail. As a result, you must ensure to it that the address email indicated in the treatment of the order is correct.
4. CHANGES We modify the present Agreement from time to time. In each order of products, check the latest version of this Agreement for good understanding of the conditions that will apply during the sale of the Products.
5.1. The images of the products on the Website are provided for illustrative purposes only.
5.2. We make all efforts possible to display the colors of the products as accurately as possible as digital media allow or cater for. However, We can not guarantee an exact match of the color on the screen with the colors of the actual Products, and the colors shown on the Website should not be used for this purpose. The colors can vary in function of the parameters and the resolution of your screen.
5.3. We recommend that you use a color tester on the surface to be painted before starting your decoration. This will give you a more accurate indication of the actual color, which may be influenced by the substrate and surface texture or by classic furnishings and the shape, size and lighting of the room. Note that testers color will indicate the color of the product and are not representative of the quality or of the gloss of the product purchased.
5.4. The packaging of the Products may differ from what is shown in the images on the Website.
5.5. All the products on our Web site are under reserve of availability. We will inform you by email as soon as possible if the products ordered not are not available and that we do can not process the command. If you have already paid for the Product, We will reimburse you without delay and at the latest within 15 days of the termination of this Agreement.
6.1. The prices of the Products are indicated on the Website. The price of a Product is inclusive of VAT ( if applicable ) at the current rate by law at that time in Belgium.
6.2. When applicable, all additional expenses such as transport, delivery or other relevant charges are indicated the purchase quotation.
6.3. The prices of our products may change from time to time, but these changes will not affect confirmed Orders.
7. DELIVERY CONDITIONS
7.1. Delivery terms (including the time of delivery) are indicated during the process of order. By placing the Order, you agree to the stated delivery conditions.
7.2. If the terms of delivery will be not mentioned during the process of order, we deliver the products not later than 30 days after the date of order.
7.3. If We do not deliver the Products at the agreed time or within 30 days as set out above, you must contact Us to arrange delivery within an additional time period appropriate to the circumstances. If We do not deliver the products in this period forward, you have the right to terminate the present contract without charge. If you have already paid for the Products, We will reimburse you without delay and at the latest within 15 days of the termination of this Agreement.
8.1. The payments are made in euros.
8.2. You only can pay the products by use of the means of payment indicated on the Web Site ( indicated at the bottom of each page).
8.3. The payment of products and shipping costs is done in advance of shipment (in other words, when the order is placed).
9. RIGHT OF WITHDRAWAL
9.1. Please note that if you’re not a consumer in the meaning of Directive 2011/83 / EU of the Parliament European and of the Council, you will not be able to exercise your right of withdrawal such as defined in Article 9 of this Agreement.
9.2. Period : You have the right to revoke the contract without stating specific reasons within a period of 14 days. You can exercise your right of withdrawal within a period of 14 days to count the day when you or a third party designated by you ( other than the carrier ) (i) receive the products purchased, or (ii) receive the final product or piece s ‘it is an Order of several Products or parts with partial deliveries. If you have indicated several third party, you can exercise your right of withdrawal within 14 days to count the day when the last third receives the (last) product or the ( last ) piece. To respect the right of withdrawal, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the expiry of the period of withdrawal.
9.3. How to exercise your right : You can exercise your right of withdrawal by informing Us of your decision to terminate all or part of the Contract. To do this, you can either :
- Use the form of withdrawal that you find in the last page of this Agreement; or
- deliver a further statement without equivocation of revocation of the contract ; or
- send us via email@example.com , a declaration without equivocation in which you we inform of your decision to revoke the contract. If you make use of this possibility, We will send you a confirmation of receipt of your revocation on a durable data medium ( eg e-mail) without delay.
9.4. Costs of returning Products: If you exercise your right of withdrawal, the costs related to the return of products by courier according to the price set by the courier service that you decide to use are at your expense.
9.5. Product return process : The Products for which you exercise your right of withdrawal must be returned by post to the following address : PaintDeails.com, Straatsburgdok Noordkaai 3, 2030 Antwerpen, Belgium. You must return the products within a period of 14 days to count the days where you We ‘ve informed of your decision to exercise your right of withdrawal in accordance with Article 9.3 above.
9.6. Verification of Products : When we receive a returned product, We will check the Product(s). You can be held responsible for loss of value if the value of or the goods returned decreases because of handling of the product(s), except when it was necessary to establish the nature, characteristics and functioning of the product(s).
9.7. Refunds : If you exercise your right of withdrawal, We will refund all your payments for the Product, including, where applicable, delivery charges. However, if you have opted for an urgent delivery of the product, we will only refund the cost of delivery to the type least expensive that we typically offer. Except requested differently, we will use the same means of payment than the one that you have used for the transaction initial. In any state of cause, you ‘ll have to pay fees as a result of a such reimbursement. This refund will be made no later than 14 days to count from the date on which you We’ve informed of your decision to exercise your right of withdrawal. However, we reserve the right to withhold the reimbursement until we have received the products in return, or you have provided the proof of returning the products, according to the first event.
9.8 Exceptions to the right of withdrawal:
- damaged goods or packaging can never be returned
- custom made colors
10. OUR RESPONSIBILITY
10.1. Except acted deliberately or in case of serious fault, We are not responsible for (i) any damage caused by the products if such damages have not been solely caused by a defect of the product, but also by your fault or that of a third party ( ii) any damages indirect or consequential, even including but without limitation, loss of profits, revenue from contracts, savings anticipated from data, goodwill or of expenses incurred unnecessarily, or any damage consequential in case of delivery in delay or non-delivery by a carrier designated by our care, and (iii) any damage resulting from force majeure ( see Article 12).
10.2. The laws of some countries do not allow part or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply and you may have additional rights.
10.3. Nothing in these conditions limits or excludes our liability in case of statements fraudulent from Us or in case of death or of personal injury caused by Our negligence or our deliberately bad conduct.
10.4. Our liability is in any case limited to the value of the Order.
11. LEGAL GUARANTEE – CLAIMS
Legal guarantee. The Products are subject to the legal guarantee for lack of conformity, in accordance with article 1649 bis to 1649octies of the Civil Code.
Control. You agree to examine directly the products on to their delivery and check if their quality and their quantity corresponds to what has been agreed. The use, consumption or conversion of the Products implies your irrevocable acceptance of the Products concerned.
Defects – Complaints. If the product has a defect, you need to inform us within two months following the finding via firstname.lastname@example.org . A complaint is only admissible if (i) it is introduced in the period cited above, (ii) you have not used or consumed the products and have always been stored and handled appropriate and (iii) We can inspect the products. You must send the products not conforming by mail to the address following : PaintDeals.com Straatsburgdok Noordkaai 3, 2030 Antwerpen.
If after review, the claim appears invalid, the costs generated by this examination will be passed to you (the buyer). If the complaint proves to be justified, you can have recourse to the solutions indicated in article 10.
12. EVENTS OUTSIDE OUR CONTROL (Force majeure)
12.1. We will not held responsible for any failure or delay in performance of our obligations by virtue of a contract which is subject to an event independent of our will ( ” Force Majeure “).
12.2. A ” Force majeure ” means any act or event beyond our control reasonable that we prevent reasonably meet our obligations, including, without limitation, strikes, lockouts or other equity trade of third parties, movements popular, riot, invasion, attacks terrorists or threats of attack terrorist, war ( declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake ground, subsidence, epidemic or other natural disaster, failure of networks of telecommunications public or private, or inability to use the roads of iron, transport, maritime or motorized, the aircraft or any other means of public transport or private, or failure of suppliers or non-delivery by suppliers.
12.3. If a case of Force majeure occurs and affects the performance of Our contractual obligations :
12.3.1. We contact you as soon as it will be reasonably possible to advise you; and
12.3.2. Our obligations and the period of performance of our obligations by virtue of this Agreement shall be suspended as long as the situation of force majeure will last. We will agree with you on a new delivery date when the Force Majeure situation has passed.
13. COMMUNICATION BETWEEN US
For any question relating to the sale of products, also including the claims relating to the delivery or performance of a product, contact -We to the address following :
Straatsburgdok Noordkaai 3, 2030 Antwerpen
When you contact us by telephone about the contract, you will pay no additional charge to the base rate charged by your telephone operator.
14. DATA CONFIDENTIALITY
When you open an account with Us, We use your personal data to manage your account and to ensure the privacy and security of your purchases. You can request access to your personal data at any time and have them corrected or deleted by sending a request to :
Straatsburgdok Noordkaai 3, 2030 Antwerpen
For more information on the way in which we treat your data personal, see the notice of privacy on our Web site.
15. DATA SECURITY
15.1. We are doing everything possible to ensure to it that the data transferred from payment transaction (as the information of your card credit or by debit ) are highly secure. We use the protocol for secure communications through a computer network, called HTTPS. HTTPS is a protocol to transfer hypertext (HTTP) with encrypted connection. HTTPS provides authentication of Our Website and the associated Web server with which you communicate, which should protect you against the attacks of an intermediary. In addition, it provides encrypted bidirectional communications between you and our server, which protects you against the risk of espionage and interception of data and / or falsification of the content of communication. In practice, this protocol constitutes a reasonable guarantee that you are communicating with Our Website and that the content of communications between you and Our Website can not be read or tampered with by a third party.
15.2. In addition to your payment and in connection with the -ci, we make use of a secured service payment provider referred to as Moneybird. We use payment Pages managed by their care. In other words, all the pages of payment are managed by their care and we do not store private banking data on our servers.
16. INTELLECTUAL PROPERTY
We hold the copyrights, trademarks, design rights and all the other rights of ownership intellectual on products and you agree that these rights can be used in any way without our consent in writing. The contract that you enter into with us does not imply in any way that we you are transferring our rights of intellectual property.
17.1. Divisibility. If one of the provisions ( or part of those -ci) of this Agreement is unenforceable or contrary to a provision by law, it does not affect in any way the validity nor the character of enforceability of the other provisions of this Agreement ( as well as the part of the provision concerned which is not unenforceable or contrary to a provision of binding law ). In such cases, we will negotiate with you in good faith in order to replace the unenforceable or contradictory provisions with an enforceable and legally valid provision, corresponding as close as possible to the purpose and the scope of the initial provision.
17.2. If we do not insist that you meet one of your obligations by virtue of this Agreement, or if We do not assert our rights against you, or if we are slow to do so, it would not mean that we have renounced Our rights to you and it does not mean that you do not have to comply with these obligations. If We waive any breach on your part, We will only do so in writing, and this does not mean that We will automatically waive any subsequent breach on your part.
18. ALTERNATIVE DISPUTE RESOLUTION AND EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
18.1. Resolution alternative of disputes (Alternative Dispute Resolution, ADR) Note that this Article 18.1 will apply only benefit of consumers. As a result, this article apply not to you if you are a trader.
18.1.1. In the event of a dispute relating to this Agreement between the parties, you may directly (but not be obliged to) submit a complaint to an ADR entity who will assist you in attempting to resolve the dispute. This mediation is done on a voluntary basis and is free.
18.1.2. Note that you have the right (but not the obligation) to contact Us first to attempt to resolve a dispute relating to this Agreement. If We can not solve the dispute, you can always exercise your right (but you are are not obliged) to contact the entity ADR to file a complaint at the address mentioned above. Nothing in this article should stop you to take legal actions against us.
18. 2.The European online platform of regulations in line of disputes ( platform ODR). In addition to your rights mentioned in article 18.1, you can also (but not be obliged to) submit your complaints against Us in relation to this Agreement on the ODR web platform at the following address https: //ec.europa.eu / consumers / odr /. This website is specifically concerned with the out- of- court resolution of disputes regarding contractual obligations arising from this Agreement.
19. LAW AND SETTLEMENT OF DISPUTES
Unless provisions contrary binding, the present contract is governed exclusively by the Belgian law, to the exclusion of the provisions of the international private material law. In the limits permitted by the laws in force, any dispute or claim arising out of or in connection with this Agreement that the parties are not able to resolve by agreement will be resolved exclusively by the courts competent to Brussels, Belgium.
APPENDIX : STANDARD CONTRACT REVOCATION FORM
( complete and return this form only if you want to revoke the contract )
- To Akzo PaintDeals.com Straatsburgdok Noordkaai 3, 2030 Antwerpen email@example.com
- I / We (*) you notify / inform (*) by the present I / We (*) revokes / revoke (*) our contract relating to the sale of goods following (*).
- Ordered on (*) / Received on (*)
- Name / Names of consumer (s)
- Address of consumer (s) Signature of the consumer (s) ( only when this form is entered in paper version)
(*) Strike out what does are not applying.