1. Identity Seller Emmas houzz BV

NDP CONCEPTS Tienbunder 47 8792 Waregem BELGIUM
VAT nr. BE 0540.760.152
T: +32 598 7412 576
www.emmashouzz.com sales@ emmashouzz.com

2 Definitions

2.1. General Terms and Conditions: this document
2.2. Reflection period: the period within which the Consumer can invoke his Right of Withdrawal.
2.3. Durable data carrier: any means of communication (including e-mail) that enables the recipient to store or save the information addressed to him so that it can be consulted again later.
2.4. Right of withdrawal: the option offered by law to the Consumer to waive a distance contract within a Cooling-off Period.
2.5. Distance contract: an agreement that has been concluded between the Buyer and the Seller solely through the use of the Webshop. A distance contract is hereinafter also simply referred to as “Agreement”.
2.6. Model form: the model withdrawal form, attached to these General Terms and Conditions, and drawn up in accordance with the European terms and conditions.
2.7. Buyer: Any party that visits the Webshop and, if necessary, places orders.
2.8. Seller: BV NDP CONCEPTS, as identified in Article 1 of these General Terms and Conditions
2.9. Consumer: any Buyer natural person who enters into the Agreement for purposes that fall outside his trade, business, craft or profession
2.10. Entrepreneur: any Buyer, natural person or legal entity, who pursues an economic goal in a sustainable manner, as well as its associations;
2.11. Webshop: means the online sales platform of the Seller, available via the website www.emmahouzz.com

3. Applicability of the General Terms and Conditions

3.1. These General Terms and Conditions apply to every offer from the Seller, as well as to every Agreement that is concluded between the Seller and the Buyer, of which these General Terms and Conditions form an integral part. When placing an order via the Webshop, the Buyer must expressly accept these General Terms and Conditions, thereby agreeing to their applicability to the order in question.
3.2. These General Terms and Conditions take precedence by operation of law over any purchase conditions of the Entrepreneur, which are expressly rejected.
3.3. The General Terms and Conditions are always made available to the Buyer in a clear and complete manner before the Agreement has been finally concluded.
3.4. The Buyer receives the General Terms and Conditions when the Agreement is concluded, by means of a durable data carrier. The Seller will provide a copy of the applicable General Terms and Conditions upon simple request.
3.5. Deviations from these General Terms and Conditions are only valid insofar as they are the result of mutual agreement which has been recorded in writing.

4. Offer

4.1. The offer is an invitation from the Seller to the Buyer aimed at the conclusion of an Agreement. The offer is only valid while stocks last.
4.2. The offer contains a clear description of the product or products that are the subject of the Agreement that will be concluded after acceptance.
4.3. Obvious or obvious errors or mistakes in the offer do not bind the Seller and can also be corrected by the Seller after the Agreement has been concluded.
4.4. The image material used in an offer serves as an illustrative indication of the main characteristics of the product in question. Deviations in the product compared to the visual material are not sufficient to claim the invalidity of the Agreement.
4.5. If the Buyer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Buyer contact our customer service in advance.
4.6. The offer is valid while stocks last and can be adjusted or withdrawn by the Seller at any time. The Seller cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

5. Price

5.1. All prices stated are expressed in EURO, always including VAT and all other duties or taxes to be borne by the Buyer.
5.2. The prices mentioned in the offer are exclusive of costs for (standard) delivery.
5.3. The price statement refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.
5.4. The Seller reserves the right to adjust product prices with respect to future agreements. Price changes that are the result of a changing VAT rate can be applied after the Agreement has been concluded.

6. Online purchases

6.1. The purchase takes place as follows: – The Buyer can purchase items via the Webshop, whereby he can indicate the product and the quantity, depending on the stock. – The product desired by the Buyer is added to the shopping cart. The shopping cart provides an overview of all products ordered by the Buyer, indicating the quantity, the price per item and the total price, including delivery costs. – Once the shopping cart is confirmed, the Buyer must provide personal and billing information. The Buyer is solely responsible for the correctness of the information provided. – As soon as the order is confirmed by the Buyer, the Buyer is referred to the payment. – The order is only final after payment has been made by the Buyer.
6.2. The Buyer can choose between the following payment methods: • via credit card • via online banking 6.3. Without prejudice to the exercise of other rights available to the Seller, in the event of non-payment or late payment from the date of default, the Buyer will owe an interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, the Buyer owes a fixed compensation of 10% on the amount concerned, by operation of law and without notice, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, the Seller reserves the right to take back the items not (fully) paid for.

7. Delivery

7.1. The Seller uses an external delivery company. At the latest within 48 hours after placing the order, the Buyer will receive an estimate of the expected delivery time.
7.2. Notified delivery times are only indicative.
7.3. Any delay in delivery cannot give rise to dissolution of the Agreement and/or the obligation to pay any compensation to the Buyer.
7.4. The Seller uses external carriers for the delivery. The Seller is not responsible for any shortcomings of the carrier during delivery. The Seller will investigate the carrier in case of defective delivery. During the investigation period, no refund or other shipment will be made.
7.5. The Seller bears the risk of damage and/or loss of the products until the moment of delivery. In principle, every delivery requires the signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
7.6. Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported by the Buyer to the Seller within seven (7) days after delivery.
7.7. Delivery takes place from the first delivery attempt of the ordered products to the Buyer. The Buyer is deemed to make the delivery possible in accordance with the agreements. In the event of an unsuccessful delivery attempt, additional costs may be charged for a new delivery attempt.

8. Retention of title

8.1. The delivered items remain the exclusive property of the Seller until full payment by the Buyer. The Buyer undertakes, if necessary, to point out the Seller’s retention of title to third parties, eg to anyone who would seize the items not yet fully paid for.

9. Warranty

9.1. The seller guarantees that the delivered products meet all specifications communicated with the offer, and that the product meets the reasonable requirements of reliability and/or usability on the date on which the Agreement was concluded. The Seller hereby respects all legal regulations, as stipulated in articles 1641 to 1649 of the Belgian Civil Code.
9.2. The warranty of clause 9.1 does not apply to: • Damage caused by accidental or intentional changes made by Buyer to the product, including injudicious and misuse and exposure to moisture, fire, earthquake and other external causes • Damage caused by storage methods that are not in accordance with the instructions and information provided. These instructions and information are also provided through electronic communication channels.
9.3. The Buyer is expected to examine the products closely for their conformity immediately following delivery. Complaints regarding lack of conformity must be expressly, unambiguously and motivated in writing communicated to the Seller within seven (7) days after delivery.
9.4. The defective products must be returned to the Seller, always in their original condition, including in their packaging, accessories and documentation and always accompanied by the original invoice or a valid proof of payment. The return is always at the risk and expense of the Buyer. The return must be made at the latest within seven (7) days after the communication.
9.5. If the above conditions are met, the Buyer is in the first place entitled to free repair by means of replacement. The Seller is only obliged to make a refund if the Buyer demonstrates that the repair or replacement no longer provides the same benefit. Any compensation resulting from this can never exceed the amount invoiced to the Buyer.
9.6. Costs as a result of unlawful use of the guarantee scheme shall be borne in full by the Buyer.

10. Right of withdrawal

10.1. The following provisions regarding the Right of Withdrawal only apply if the Buyer acts in the capacity of “Consumer”.
10.2. The Consumer has the right to withdraw from the Agreement during a Reflection Period of 14 days without giving any reason. The consumer may inspect the product that is part of the Agreement as he would in a shop. He may therefore unpack and handle it to the extent that is necessary to find out whether the product is of interest to the Buyer and works properly.
10.3. In order to make use of the Right of Withdrawal, the Consumer must notify the Seller of his decision to withdraw within the Reflection Period by using the Model Form or in another unmistakable manner. The Consumer must provide at least the following information: • The statement of the following three dates, namely the date of order, the date of receipt and the date on which the Right of Withdrawal is used; • Name and address of the Consumer; • Signature of the Consumer;
10.4. The period of 14 days Reflection Period starts to run when the Consumer or a third party designated by him, who is not the carrier, has physically taken possession of the ordered product.
10.5. The Consumer is liable for decreases in value resulting from actions other than the mere inspection of the products.
10.6. Within 14 days from the day following the moment referred to in Article 10.3, the Consumer will return the products that he does not wish to keep to the Seller.
10.7. The Consumer returns the products in their original condition and in their original packaging, together with all accessories. For the return, the consumer takes into account the instructions drawn up for this by the seller.
10.8. If a discussion arises about the manner in which or the period within which the Consumer has exercised the Right of Withdrawal, the burden of proof lies with the Consumer.
10.9. When using the Right of Withdrawal, the costs of return are borne by the Consumer.
10.10. If the Consumer invokes his Right of Withdrawal, all additional agreements are automatically dissolved.
10.11. As soon as the Seller receives notification from the Consumer that the Consumer wishes to invoke his right of withdrawal, the Seller will send a confirmation of receipt to the Consumer.
10.12. The Seller will refund all amounts paid by the Consumer for the product no later than 14 days after the Consumer has received the notification that the Consumer wishes to invoke his right of withdrawal. However, the Seller reserves the right to withhold reimbursement until it has received all the products back, or until the Consumer has demonstrated that he has returned the goods, whichever comes first.
10.13. For the refund, the Seller uses the same payment method as the Consumer used, unless both parties have agreed on a different payment method.
10.14. No Right of Withdrawal applies to the following products: • The delivery of goods manufactured according to the Consumer’s specifications, or that are clearly intended for a specific person; (Article VI.53.3° Code of Economic Law); • Service agreements after full performance of the service if the performance has started with the express prior consent of the Consumer, and provided that the Consumer has acknowledged that he will lose his Right of Withdrawal as soon as the Seller has fully performed the Agreement; (Article VI.53.1° Code of Economic Law).

11. Force majeure

If the Seller is prevented in whole or in part from fulfilling its obligations towards the Buyer due to a circumstance beyond its control, there will be a case of force majeure. In that case, the Seller is not obliged to fulfill its obligations towards the Buyer and this for the duration of the force majeure. A situation of force majeure does not give rise to any form of compensation and no possibility to terminate the agreement.

12. Intellectual property

All intellectual property rights and derivative rights to our products remain with the Seller and/or the rights holder. These intellectual property rights are understood to mean copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless it concerns purely private use of the product itself.

13. Processing personal data

13.1. The information provided by the Buyer is necessary for the processing and completion of the orders, and the preparation of the invoices. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a violation of the current Terms and Conditions. The Buyer’s personal data will only be processed in accordance with the applicable Privacy Policy, which can be consulted via the Webshop.

14. Other
14.1. The nullity or invalidity of a provision or part of a provision of the General Terms and Conditions does not affect the operation of the other provisions. The disputed provision is deemed to be standalone and not applicable. The seller has the right to replace the relevant provision with a valid provision of the same scope. (Sub-)Titles in this agreement have a purely illustrative value, no rights can be derived from them.
14.2. All issues, questions and disputes regarding the validity, interpretation, ratification, performance or termination of this Agreement shall be governed by and construed in accordance with Belgian law, without regard being had, however, to any other choice of law or conflict of law rules or provisions (Belgian , foreign or international) that makes the law of a jurisdiction other than Belgium applicable and with the express exclusion of the Vienna Sales Convention.
14.3. Any dispute regarding the validity, interpretation, ratification, performance or termination of this Agreement shall be subject to the exclusive jurisdiction of the Belgian courts where the Seller has its registered office, although disputes should be resolved by amicable agreement as far as possible.

MODEL FORM FOR WITHDRAWAL OF THE AGREEMENT

You should only complete and return this form if you wish to withdraw from the Agreement To:

Emmas houzz
Puitstraat 17
8890 Moorslede
Belgium
BELGIUM

VAT nr. BE 0540.760.152

T: +32 598 7412 576

www.emmahouzz.com
sales@ emmashouzz.com

I/We (*) hereby give notice that I/we (*) revoke/revoke the Agreement for the sale of the following goods:

– Date of Agreement (**):

… ………………………………………………………………………………………………

– Ordered on (**):

……………… ……………………………………………………………………………………………

– Received on (**):

………………… ………………………………………………………….

– Name(s) of the Consumer(s)) (**):

……………………………………. ………………………………………………………………………………………………………………………

– Address(es) of the Consumer(s) (**):

…………………………………………………………………… …………………………………………….. …………… –

-Signature(s) of the Consumer(s) (**):

………………………………………………… ………………

– Date (**):

………………………………………………………………………………………………… …………

(*) Delete where necessary (**) To be completed by the Consumer(s) when using this form for withdrawal from the Agreement The Consumer is liable for depreciation in value resulting from actions other than the mere inspection of the products.