General Sales Conditions
The customer must always read the general conditions for Internet sales before he can place an Internet order. For each order he is expressly requested to confirm that he accepts these conditions, failing this he cannot finalise the order.
1. Identification of the seller
Van Elven bvba, hereinafter referred to as Mol d’Art
A2 Industriepark 16
3290 Webbekom – Belgium
Tel. 0032 (0)13 33 41 77
Fax 0032 (0)13 33 47 04
BE 0436 561 465
2. General information and definitions
Only these sales conditions apply to Internet sales made by Mol d’Art bvba to end users. All other conditions, even those resumed on the buyer’s purchase order, are excluded. Mol d’Art may make changes to these general sales conditions at any time. However, on current contracts the conditions that were applicable at the time the sale was made always remain applicable.
All disputes are governed by Belgian law. The courts of Antwerp shall alone be competent.
Mol d’Art delivers to private individuals and companies. The prices that are mentioned on the website do not include VAT. Where mentioned, the provisions will only be applicable to purchases by a “consumer”; that is to say every natural person or legal person who carries out purchases on the website exclusively for non-professional purposes.
3. Coming about of an Internet sale
The catalogue with products and their description that can be found at www.moldart.be does not in itself form any offer. It is consequently not sufficient to fill in a reservation document on our website to bring about a sale. The sale is only finalised on receipt of a confirmation e-mail. Mol d’Art reserves the right to request additional information for the safety and security of the customer and in the absence of said information to refuse the execution of the order. In addition, orders for which it is apparent that the buyer intends to sell on the product himself may also be rejected.
4. Right of property
In a departure from article 1583 of the Civil Code, sold, delivered or installed goods remain our exclusive property until full payment of the invoice. Despite this reservation of ownership, the risk due to loss or damage is transferred to the customer from the time possession is taken of the goods.
All prices on this site exclude VAT. Recupel is included in our prices. The normal delivery or shipment costs are indicated, taking into account the information provided by the customer regarding its place of delivery.
All offers are valid so long as they are mentioned on the website. The announced prices are always subject to change. If an order is placed, the price for this Internet sale shall be that applicable at the time the order was placed.
The customer can make his payment:
- directly (in a very secure environment) by VISA or MASTERCARD via a classic bank transfer to our account number xxx-xxxxxx-xx.
- In the latter case, the ordered products are reserved for the customer for 5 days pending payment. If payment is not made within the said period, we may decide to cancel the order.
If payment is not made at the time of delivery, the goods will be taken back and subsequent services will be invoiced to the customer.
To guarantee the payment of the sums (including the interest and costs ) owed by the Other Party to Mol d’Art, the Other Party pledges in favor of Mol d’Art :
– All her current and future claims towards Moldart.
As the debtor of the claim(s), Mol d’art explicitly acknowledges receipt of the pledge;
– All her current and future claims on third parties, for whatever reason.
7. Delivery and installation
For the safety and security of the customer, the driver may ask for proof of identity (or a copy of said proof) to be shown on delivery. The customer signs for the delivery on receipt.
Small appliances are in principle delivered by a courier. The customer pays a contribution for this. (for the delivery of several packages at the same time to a single address, the customer only pays the delivery fee once). The costs are clearly indicated during the order process.
For appliances that are in stock at the time of the order, a number of delivery dates are proposed, from which the customer can choose. For appliances that are not in stock at the time of the order, we always contact the customer to agree on a delivery date.
For complaints connected to his order, the buyer can contact Mol d’Art directly on 0032 (0)13 33 41 77 (Monday to Friday from 9am to 5pm) or via firstname.lastname@example.org. In order to be taken into account, every complaint regarding visible damage to the packaging of the delivered goods must be formulated in writing on the accompanying documents at the time of delivery by a courier.Comments regarding damage and defects to the delivered product must always be made via e-mail to email@example.com within 24 hours.
The general repair conditions apply. See also the warranty conditions.
9. Consumer warranty
For consumers, the legal warranty of 2 years applies. This warranty only covers a failure to comply that already exists on delivery of the goods. As a consequence, the following are excluded among others:
- all direct or indirect damage caused to the appliance after the delivery (e.g. through oxidation, impact due to fall, etc.), and by the appliance, along with its contents;
- parts or accessories that need to be replaced regularly;
- defects due to fire, water damage, lightning, accidents and natural disasters;
- defects caused by planning, negligence or improper handling, bad maintenance or abnormal use or the use of the appliance in violation of the manufacturer’s instructions;
Lack of compliance must be reported within two months of the observation being made.
The invoice or delivery slip represents the warranty title and must be kept by the customer and presented in original form. The warranty begins on the date of collection or delivery. The warranty is not transferable. It can thus not be adjusted if the appliance changes owner. The general repair conditions apply to all repairs.
These conditions and restrictions do not affect the legal provisions in this regard.
10. Right of renunciation
In accordance with the law of 14 July 1991, the consumer has the right to inform the seller that he renounces the purchase, without having to pay a fine and without having to give a reason within 7 working days as of the day following the delivery of the product.
This period must allow the customer to assess the product purchased “as in a shop window”. Used, installed, damaged or incomplete appliances will not be taken back. Customers who wish to exercise this right must contact the web shop within 7 working days on 0032 (0)13 33 41 77 (Monday to Friday, 9am to 5pm).
In addition, within the same period they must send back the appliances in the original undamaged packaging, along with all accessories, the user manual and (a copy of) the invoice/delivery slip:
either at their expense and under their responsibility to:
Mol d’Art, A2 Industriepark 16, 3290 Webbekom – Belgium;
or return the appliance themselves.
Within 30 days of acceptance of the return, Mol d’Art will refund the paid sums, with the exception of delivery costs.
The parties accept the taking of electronic evidence (e-mail – backup). These conditions apply as of 01-01-2009