Terms and Conditions Mayflower BVBA
Last update: June 25th 2017
Article 1 – Corporate Identity
Article 2 – Relevance
Article 3 – Our Offer and Your Order
Article 4 – Right of Withdrawal
Article 5 – Pricing
Article 6 – Payment
Article 7 – Conformity and Guarantees
Article 8 – Delivery and Execution
Article 9 – Length transactions: duration, termination and extension
Article 10 – Circumstances beyond our control
Article 11 – Intellectual property
Article 12 – Complaints and Disputes
Article 1: Corporate Identity
IBAN: BE55 7360 3592 6844
BTW: VAT INCLUDED
Article 2 - Relevance
- These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
- Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
- If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
- For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
- We deliver both nationally as internationally.
- Clients have to be 18 years or older to order any goods.
- Placing an order counts as an explicit acceptance of our general terms and conditions which are available on our website at all times.
- When placing an order online, we will provide you with an order confirmation or a copy of the terms and conditions in a printable format or format suitable for saving, if the client explicitly asks for it. However, we do advise you to do so.
- When additional terms and conditions are applicable, all of the above applies to these terms and conditions as well. If our general terms and conditions should go against the additional terms and conditions, the customer can always invoke the terms and conditions most in their favor.
Article 3 – Our offer and your order
- If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
- Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- Possible costs of delivery
- The manner in which the agreement has been concluded and the necessary signatures
- Whether to apply the right of withdrawal
- The method of payment, delivery and performance of the contract
- The deadline for accepting the offer or the period within which the entrepreneur guarantees the price
- The level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
- If the agreement after the conclusion is archived and if so how to consult it for the consumer
- The manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by them under the agreement.
- Any other languages, including Dutch, for the agreement
- The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
- The minimum duration of the distance agreement in the event of a length transaction.
- The order and the agreement between us and the customer are completed as from the moment that the order is confirmed by email and the payment through credit- or debitcard is confirmed by the card provider. We accept payment via PayPal or online banking. In case the card provider declines your payment to us, we will not be responsible for any time delay for your delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
- To purchase a product, the customer adds the product to the checkout. Afterwards the contact details and billing details need to be filled in by the customer. Subsequently or at the same time the customer chooses the mode of delivery. The customer confirms their order by clicking “confirm”.
- When the customer’s payment is late/overdue or we have noticed payment issues with the customer’s previous orders, Antwerp Avenue reserves the right to rescind an agreement.
- Billing information:
IBAN: BE55 7360 3592 6844 (KBC)
BTW: VAT INCLUDED
BTW: BTW inbegrepen
Article 4 – Right of Withdrawal
Deliverance of products
- After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The return costs are borne by the customer. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
- During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services
- After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
- In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
- If a customer wants to return his product(s) he needs to contact Antwerp Avenue by email email@example.com before sending them to our headquarter.
- The direct costs for the return of the products are passed on to the customer. We will calculate the costs for you, in case this can not reasonably be calculated beforehand. We reserve the right to wait with reimbursement until we receive the products or until the customer can prove that the products are on their way, depending on what comes first.
- The customer can return the package via mail or a courier.
- If we do not receive any package back after the customer contacted firstname.lastname@example.org, we will ask the customer to show proof of the shipment. If the customer is not able to show proof of his shipment, we will not reimburse the products. The client will then have to contact mail/ courier service provider.
- We will reimburse the products after receiving them and only when they comply with all statements above. This will take maximum 14 days.
Article 5 - Pricing
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT
- Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
5. As we are small company we do not charge VAT. This in accordance with Belgian Law.
Article 6 – Payment
- Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
- When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
- The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
- In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
- We only accept payment through payment methods explicitly mentioned on our website.
- To ensure a safe online payment and the safety of your personal details, the transaction details are locked with SSL-technology. To pay with SSL, the customer does not need specific software. The customer can recognize safe SSL-technology by the lock in your browser.
Article 7 – Conformity and Guarantees
- The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
- We guarantee that our goods match the order and comply with the normal expectations you will have about the product, considering the specifications and nature of the product. We also guarantee that our goods are in accordance with the applicable laws at the time of order.
- In addition we apply the minimum legal warranty term of two years in case the product doesn’t match the description of the order. This implies that if the product shows any shortcomings and damages within one year after delivery, we will exchange it for the same product or offer an alternative product of comparable value of your choice. If both of these alternative situations are impossible, the customer will receive a gift card.
- Any damages, for example scratches or wear and tear caused by the customer by using the products will never fall under the legal warranty.
- To a reasonable extent, the customer has the choice between reparation or replacement. In case the reparation or replacement is excessive, impossible or not achievable within a reasonable term, the customer has the right to invoke a price cut or annulment of the sales agreement.
- In case the damage or defect shows up within six months after deliver it will be reckoned to have existed at the time of delivery, unless we can prove the opposite. After six months, the burden of proof that the damage existed at the time of delivery is placed upon the customer.
- This guarantee does not apply when:
- The customer has modified/repaired the product or had the product modified/repaired by a third party.
- The delivered products have been exposed to abnormal circumstances or have been treated uncarefully or treated contrary to guidelines provided by Antwerp Avenue or instructions on the packaging.
Article 8 - Delivery and Execution
- The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
- The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
- Antwerp Avenue will not in any way be responsible for mistakes made by the customer concerning the shipping and billing address and mistakes that may cause time delays in delivery or impossibility of delivery.
- When a product is in stock, it will be delivered within 2 to 4 working days to Belgian and Dutch clients. These times of delivery are merely an indication/estimation of delivery time. The delivery of our products to international clients ( EU other than BE and NL and other worldwide destination) will take maximum 2 months.
- In case a product is out of stock, the customer will be notified by email about a later delivery time. If the customer does not agree with the time delay, the order can be canceled or he can order an alternative product. The canceled order will be reimbursed or in case the customer orders an alternative product, the surplus will be reimbursed or the remaining amount billed.
- If we are unable to deliver in time, we will always notify the customer before the end of the estimated delivery term. If we fail to notify the customer, the customer can cancel the order without any cost. In that case, we will reimburse the amount due no later than 30 days after the cancellation.
- We are responsible for the risk of delivery at all times. The customer does not need to worry about goods that get lost in the mail. If the customer however returns products within 14 days after purchase because he prefers not to keep them, he will be responsible for any shipping costs.
- When by any chance our products are damaged during shipping and therefore don’t match the description of the purchase, the customer needs to report this as soon as possible and definitely within three days and return said products within 14 calendar days after acceptance.
- We will not be held responsible for any damage caused by late delivery or non-delivery by the courier. Our liability will be limited to the value of the products which can be proven not to have been received by the customer.
- Taking into account what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
- In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
- If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
- The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: email@example.com
Article 9 - Length transactions: duration, termination and extension
- The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.
- The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
- The consumer can in the agreements in the previous mentioned paragraph:
- at all times terminate with no restrictions to terminate at a certain time or during a certain period
- at least terminate in the same manner as they are entered into by him
- at all times terminate with the same notice as the entrepreneur has obtained for himself.
- An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.
- Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
- An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
- An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.
- If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed
Article 10 – Circumstances beyond our control
- In case of circumstances beyond our control we are not responsible to fulfil our commitments. In that case we can either postpone our commitments for the duration of the circumstances beyond our control, or disband the commitment altogether.
- Circumstances beyond our control are those situations that hinder the compliance of our commitment towards our customers. Examples of such situations are: strikes, fire, company malfunctions, energy malfunctions, malfunctions of the telecommunications network or signal disturbance of used communication systems, non-delivery or late delivery of suppliers, ..
Article 11 – Intellectual Property
Our website, logos, content, photos, names and all our general communications are protected either by our intellectual property rights or our supplier’s intellectual property rights.
It is prohibited to use our intellectual property or modify our intellectual property without our consent as stated in this article. This implies that you can not copy or reproduce drawings, photos, names, texts, color combinations etc without our explicit consent.
Article 12: Complaints and Disputes
- We definitely hope you are happy with your purchase. If you however have any complaints about your order, please feel free to contact us on firstname.lastname@example.org. We will try our very best to handle your complaint within seven days.
- Belgian law applies to all agreements between us and our customers, regardless of their place of residence. The only competent courts in dispute settlement are the Belgian courts. If however for any reason international laws apply, for the interpretation of our existing general terms and conditions we will in the first place resort to the Belgian Law of Commercial Practices and Consumer Protection as codified in Book VI of the Code on Economic Law of 2013.