1. General Conditions
The general sales conditions of VORWERK BENELUX (“GTC”) are applicable to the sale of VORWERK BENELUX products (the “Product”) to customers (“Customer(s)”) via its website (“Webshop”). The GTC take precedence over all other general sales conditions. Any changes to the GTC take effect as soon as they are placed online and do not apply to previous transactions.
The contact details of VORWERK BENELUX are:
- VORWERK BENELUX
- Registration number: 1005.465.871
- Deltapark, Mechelsesteenweg 186C, 1800 Vilvoorde, Belgium
- benelux@customercare.vorwerk.com (mailto:benelux@customercare.vorwerk.com)
oThese terms and conditions will be made available to the Customer for the completion of the sale in a manner that allows the Customer to store the terms and conditions on a durable electronic medium.
2. Offer, acceptance and term of the contract
Orders are placed online through the Webshop, using an online order form, and within the limits of available stock. If the Product is not available after the order has been placed, VORWERK BENELUX shall notify the Customer within a reasonable period of time. The Customer can obtain further information about the Products from the customer service department of VORWERK BENELUX.
The sale will only be concluded after explicit acceptance of the offer by the Customer. However, VORWERK BENELUX reserves the right not to execute or to cancel orders, with refund of any advance paid, if the orders seem dubious, such as, but not limited to orders made by minors, insolvent customers, customers with no known address or customers who provide false information.
VORWERK BENELUX reserves the right to suspend or refuse any order from a customer who has not paid a previous order or with whom a dispute has arisen.
Placing an order means that the Customer has fully accepted the GTC. The agreement and the terms and conditions remain in effect until all obligations have been performed.
3. Price and payment terms.
The Product is invoiced at the applicable price at the time the order is registered. The prices are indicated in euros, including VAT at the applicable current rate in the country of residence of the Customer. Delivery costs shall be borne by the Customer and shall be stated separately. Before placing an order, the total price, including all costs and taxes, will be made available to the Customer and will be displayed in the order overview on the Webshop.
Purchases through the Webshop can be made using one of the following payment methods: XXX.
If the Customer fails to pay an invoice by the due date, VORWERK BENELUX may claim (i) default interest at the reference interest rate plus eight percentage points as provided in Article 5, paragraph 2 of the Law of August 2, 2002, on the combatting of late payments in commercial transactions, for consumers as referred to in Article XIX.4, paragraph 1, 1° of the Code of Economic Law, as well as (ii) a flat-rate compensation, calculated in accordance with Article XIX.4, paragraph 1, 2° of the Code of Economic Law.
VORWERK BENELUX may only claim this default interest and compensation after a period of fourteen days following the sending of the first written reminder, which shall start either on the third working day after the reminder is sent by letter or on the calendar day following the day the reminder is sent electronically.
An incomplete delivery of an order does not justify a postponement of payment for the goods delivered. VORWERK BENELUX may issue partial invoices insofar as the goods have been delivered. The payment of the invoices cannot be made dependent on the installation and commissioning of the equipment.
4. Delivery and transfer of risk
The Customer has the option to choose from the shipping methods offered by VORWERK BENELUX during the ordering process, which include: XXX.
VORWERK BENELUX undertakes to deliver the product within XXX days after full receipt of payment, unless a different delivery date has been agreed upon.
If VORWERK BENELUX is unable to deliver the product within the aforementioned period, VORWERK BENELUX undertakes to inform the Customer in writing and to agree upon a new, reasonable delivery date. If VORWERK BENELUX exceeds the new delivery period, the Customer has the right to cancel the order.
Upon delivery, the Customer must inspect the packaging for any damage. If the product is damaged, the Customer may not accept the delivery and must immediately notify VORWERK BENELUX.
Delivery times are not binding and are purely indicative unless expressly stated otherwise. Risk passes to the Customer when the Customer or a third party designated by the Customer takes physical possession of the Product.
5. Retention of title
The sold Products remain the property of VORWERK BENELUX until full payment of the price and all other possible amounts owed by the Customer. The Customer is liable for any damage or decrease in value of the Product compared to the new state as a result of use, deterioration of the packaging, etc. In case of seizure, confiscation or other measures by third parties regarding the Product, for whatever reason, the Customer shall fully indemnify VORWERK BENELUX for all claims and costs resulting from this. In this case, the Customer must inform the third party that the Product is the property of VORWERK BENELUX. If the price is not paid in full within the agreed period, VORWERK BENELUX may, at its own discretion, demand the return of the Product by refunding, if applicable, the amounts already paid by the Customer or by blocking the functionalities of the device.
6. Complaints
Complaints about the Product must be made in writing and the existence of a defect must be proven. VORWERK BENELUX is not liable if the defect did not exist at the time of delivery of the Product or if the Customer was aware of the existence of the defect at the time of purchase. Complaints must be submitted within 14 days of receipt of the Product.
If the dispute cannot be resolved amicably, the Customer may file a complaint with the Consumer Ombudsman Service, located at 1000 Brussels, Boulevard du Roi Albert II 8, box 1 (North Gate II).
7. Product warranty
The Product is covered by a parts and labor warranty, including Vorwerk Comfort Service, in accordance with the terms and conditions of VORWERK BENELUX from the date of delivery. The Customer has the right a legal warranty of two (2) years. This warranty does not apply:
- in case of misuse, normal wear and tear, abnormal maintenance work or lack of maintenance and/or hygiene;
- in case of use of accessories or equipment other than those supplied by VORWERK BENELUX or of spare parts other than original VORWERK parts;
- in case of intervention or modification of the device by an unauthorized third party or the Customer;
- in case of non-compliance with the operating instructions/manual;
- in case of connection to a non-compliant electrical installation;
- in case of force majeure such as natural disaster, lightning, flood, fire, or any accidental event or external cause;
- in case of defective WiFi or Bluetooth connection or absence of WiFi or Bluetooth connection for any reason.
The above provision does not affect the provisions regarding hidden defects and (non-)conforming delivery.
In case of non-compliance with the safety rules as set out in the instructions for use of the Product, VORWERK BENELUX is not responsible for damage caused to the customer or third parties, whether animals or goods. Any accident must be reported immediately to VORWERK BENELUX, who may request the device for expertise. Under no circumstances may the condition of the apparatus be changed after the accident.
8. Right of Withdrawal
The Customer has a right of withdrawal of 14 days from receipt of the Product, be it upon receipt of the Product through a third party. To exercise his/her right of withdrawal, the customer may use and complete the withdrawal form provided or make a statement indicating the order number and his/her decision to return the order. The Product must be returned in its original packaging, following the instructions of VORWERK BENELUX. The Customer must return the products without undue delay and in any case no later than 14 days after sending the notice of withdrawal.
Delta Park
Mechelsesteenweg 586C
1800 Vilvoorde - BELGIUM
During the withdrawal period, the Customer must handle the Product and packaging with care. This means that the customer may only unpack the goods to determine whether or not he wishes to keep the Product. In the event of withdrawal, the customer is responsible for the costs of returning the Product and any depreciation or damage to the Product caused by handling the Product beyond what was necessary to determine its nature, characteristics and functioning, and the costs associated with new packaging. In the event of damage to the Product or the packaging, VORWERK BENELUX will charge any repair costs and/or the total value of the damaged Product or packaging.
9. Processing of personal data
The personal data of the Customer will be collected and processed by VORWERK BENELUX, who will act as the data controller.
VORWERK BENELUX refers to its privacy statement, which can be consulted on its website under this link XXX and which also states the processed data, the grounds and purposes of the processing and the rights and obligations regarding the processing of personal data. By placing an order, the Customer confirms that he has read the privacy statement and accepts it.
10. Nullity
If any of the provisions of the order and/or the GTC is or becomes null and void in whole or in part, this shall not affect the validity of the other provisions. The parties shall in good faith replace the invalid provisions with an equivalent provision, which best corresponds to the intention of the order and/or the GTC terms. In case of total or partial invalidity, the court can always moderate the invalidity and limit it to the unreasonable part.
11. Applicable law and competent courts
The order, the sale, its execution etc. and the GTC shall be governed by Belgian law. All disputes relating to or arising from the order and/or the GTC shall fall under the exclusive jurisdiction of the courts of Brussels.