1.1. By accessing or using this website, the Client agrees to the applicability of the Terms and Conditions. These Terms and Conditions may be changed over time. Users of the website are advised to regularly read the Terms and Conditions for possible changes.
1.2. These Terms and Conditions of Van der Erve NV (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a trader (hereinafter referred to as "Client”) and the Seller relating to all goods presented in the online shop of the Seller. The Client's own terms and conditions are hereby expressly excluded, unless otherwise agreed to by the Seller.
2 Access to the Sellers’ online shop
2.1 In order to access the website and the online shop of the Seller, the Client is required to provide the Seller with certain information, including (but not limited to): identification details, contact details and financial information. The Client guarantees that all the information they provide in the matter will be correct, clear and not misleading. In particular, the Client guarantees that they qualify as a trader under these Terms and Conditions and will hold the Seller harmless in this respect.
A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2.2 The Seller will, at their own discretion and according to objective criteria (such as Clients’ reputation Or Client’s financial status), determine whether or not a Client fulfills the required conditions to access the Sellers’ online shop. The Client acknowledges that the Seller under no circumstances will be obliged to give the Client access to the Seller’s website and the goods presented in the online shop of the Seller.
2.3 The Client acknowledges that at all times the Seller is entitled to refuse or restrict the sale of certain goods to a Client given, inter alia, licensing conditions to which the Seller is subject to.
3 Conclusion of contract
3.1 The products and product descriptions in the Seller’s online shop constitute binding offers on behalf of the Seller. By placing an order, the Client accepts this offer with regard to the ordered goods and a contract is concluded. After the order, the Seller shall confirm the receipt of the acceptance of the offer via electronic means in the form of a confirmation email.
3.2 The contractual language is English.
4 Price and payment
4.1 The prices of the Seller will be in euro, excluding VAT and possible additional import duties and other charges and taxes (unless otherwise specified in writing).
4.2 Discount codes cannot be combined with other discount codes or any other promotions, as the case may be.
The Seller reserves the right, at all times, to (temporarily or permanently) cancel any granted discounts regarding quantity and/or shipping in the framework of certain promotions and/or products.
4.3 The Client can choose between the following payment options.
- Credit card: The Seller only accepts Visa and Mastercard. The Client’s credit card will be charged at the time of the order and before the goods are delivered.
- PayPal: if the Client chooses to pay with PayPal, such payments are subject to the User Agreement for PayPal Service (which can be consulted at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB ).
- Prepayment: the Client transfers the amount due to the bank account of the Seller. In this case, the confirmation email will include all necessary information, such as the Seller’s bank account and the bank reference number.
The Seller reserves the right to cancel the order if the purchase amount is not received within a period of 10 days after the confirmation email was sent to the Client. In this respect, the Seller is entitled to a compensation of 5% (of the purchase amount), notwithstanding the right to claim higher compensation on submission of proof.
- Reservation: The Client can reserve certain goods by placing a reservation order and transferring a deposit of 10% of the total amount due to the Seller’s bank account. The reservation will become effective as soon as the Seller receives this deposit. The Seller will reserve the goods for a period of 2 weeks. After this period the Client must transfer the outstanding amount to the Seller’s bank account within a period of 5 working days.
In case the Client cancels their order or does not pay the outstanding amount within the foreseen period, the Seller reserves the right to hold this deposit as compensation for their loss.
- Credit line: the Seller can, at its sole discretion, decide to grant a credit to a Client. The conditions of such a credit will be evaluated on a case-by-case basis. The Client expressly acknowledges that the Seller is not obliged to grant a credit.
4.4 The Client’s right to offset with counter-claims or withhold payment due to such claims only applies insofar as such claims are undisputed by the Seller or are established by way of a final judgment.
5.1 Delivery costs depend on the destination and the weight of the parcel and/or the type of items to be sent. Please check Shipping Information page for a detailed overview of the delivery costs. Delivery will take place in accordance with the postage and packing costs specified in the final order. If the Client has any additional requests regarding the delivery, which would incur additional costs, the Client must also pay these additional costs.
5.2 Goods are delivered by the Seller to the delivery address indicated by the Client and by the delivery method chosen by the Seller, unless otherwise agreed. For this procedure, the delivery address specified by the Client in the ordering process shall be applicable. In order to ensure an efficient delivery of the goods, the Client expressly accepts and acknowledges that all of their contact details, including phone number, will be made available to the assigned transport company.
5.3 The Seller undertakes to ship the goods within a period of 5 working days after the full payment has been received or, in the case of payment on delivery or sale on credit, after the confirmation e-mail of the order. For the avoidance of doubt, the Client acknowledges that this period was adhered to, if within this period of 5 working days: 1) the goods have left the premises of the Seller for delivery or 2) the Client received the notification that the goods are ready for delivery (but the delivery is delayed for reasons out of the control of the Seller).
5.4 The Seller reserves the right of partial delivery. In this case, the Seller informs the Client at which time all goods will be delivered to the Client. The Seller undertakes to deliver all goods within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.
5.5 In the case that delivery to the Client is not possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful delivery.
5.6 The Seller delivers duty unpaid. This means that the Client is responsible for obtaining all necessary licenses for importing the goods and paying all relevant taxes, duties, and inspection costs. All risks involved in this process are borne by the Client. The risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred to the Client upon delivery of the goods to a qualified transport person at the Seller's place of business or, if the delivery is delayed for reasons out of the control of the Seller, upon the receipt of the notification that the goods are ready for delivery.
5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. In case of non-availability or partial availability of the goods, they shall inform the Client without delay and payments made by the Client will be, if applicable, immediately refunded within a reasonable time.
6 Force Majeure
6.1 If the Seller fails to comply with its obligations due to force majeure, the Seller shall not be liable towards the Client. In this case, the Seller’s obligations will be suspended (insofar as the compliance is not permanently impossible).
6.2 If the period in which compliance is not possible due to force majeure lasting or being expected to last more than 3 months, both the Seller and the Client have the right to terminate the contract, without any obligation for compensation arising.
6.3 Force majeure affecting the Seller as intended in this clause includes (but is not limited to) the following events: import or trade restrictions, transport problems, strike and stagnation of suppliers (additionally, if in the case of suppliers, there is an attributable shortcoming of the supplier towards the Seller).
7 Retention of title
7.1 All goods delivered remain the property of the Seller until full payment has been received for all delivered goods and any claims from the Seller due to attributable shortcomings or failures by the Client to fulfill its obligations pursuant to any contract with the Seller.
7.2 As long as the legal ownership has not been transferred to the Client, they may not pledge the goods or grant any right to a third party relating to these goods.
In the event that:
- the Client fails to comply with one of its obligations to the Seller;
- the Seller fears that the Client will not comply with one of its obligations to the Seller and the Client has not provided the Seller with sufficient security for compliance with its obligations; or
- the Client becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed,
the Seller shall be entitled to suspend (further) implementation of the contract concluded with the Client, or to fully or partially terminate this contract without prejudice to the right of the Seller to additional or alternative compensation. Every right of suspension of the Client in these cases is excluded.
9 Liability and defective goods
9.1 Upon delivery, the Client must immediately check the delivered goods and the packaging of the goods for visible defects and shortages. These shortcomings must have been reported to the Seller within a period of 2 working days. This possibility for complaint will cease to exist if the shortcoming can be attributed to the Client.
9.2 If the complaints are reported timely and prove to be well-founded the Seller is exclusively required, at its sole discretion, to replace the goods in question free of charge or to credit the purchase price, without being required to pay any further compensation.
9.3 The goods, about which a complaint is made, must be kept by the Client for inspection or examination by the Seller. At the first request of the Seller, the Client will return the goods to the Seller.
9.4 The liability of the Seller with regard to losses as a consequence of a shortcoming or failures to fulfill its obligations pursuant to the contract with the Client is restricted to the obligation to replace or credit if relating to a defect in the delivered goods, and to payment of the purchase price in other cases.
9.5 To the extent necessary, the Client acknowledges that the Seller shall not be liable for consequential losses including but not limited to business losses, losses due to business interruption and/or loss of profit by the Client. These restrictions will not apply if and in as much as the losses are a direct consequence of intentional acts or gross negligence by the Seller or its employees.
9.6 Any right to compensation, replacement of goods and/or delivery of the missing goods, on whatever grounds, shall expire in the event of non-timely reporting in accordance with clause 9.1 or within 1 month following delivery. The entitlement as intended in the previous sentence shall also cease to exist if the Client is in default towards the Seller with regard to the timely and/or full compliance with any obligation of the Client arising from one or more other contracts entered into with the Seller.
10 Privacy and cookies
11 Intellectual Property
11.1 The Client acknowledges that all intellectual and/or industrial property rights in respect of the goods, materials and information made available to the Client by the Seller vest in the Seller, its supplier or other entitled parties.
11.2 The Client is exclusively entitled to use the product images and descriptions of the goods purchased, displayed on the Seller’s website, for the purpose of the promotion and resale of the goods. This excludes images featuring models, which may not be used due to copyright restrictions. In case of any third-party claims in this context, the Client will indemnify the Seller and will reimburse all costs incurred by the Seller in connection with such claims.
12 Severability clause
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision hereof and the affected provision shall be deemed replaced by such valid and enforceable provision which comes closest to the original intention of the Seller.
13 Applicable law
13.1 The contract between the Seller and the Client is subject to Belgian law. The effect of the Vienna Sales Convention (United Nations Convention on Contracts of the International Sale of Goods) and any other treaties, conventions or agreements are expressly excluded
13.2 All disputes between the Seller and the Client will be settled before the courts of the Dutch-speaking courts of Brussels, Belgium.