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1. Definitions and scope of this agreement.
The website http://www.charlies3dt.com/ is provided by:
Charlie’s 3D Technologies BVBA
Dijkstraat 15
B-9700 Oudenaarde
BELGIUM
BTW nummer: BE 0536 252 919
e-mail: webshop@charlies3dt.com
Tel: +32 (0)495 35 55 05
The following definitions shall have the following meanings:
“Purchaser”: any natural (B2C) or legal (B2B) person that enters into a contractual relationship of any kind with Charlie’s 3D Technologies. Each Purchaser agrees not to purchase the products of Charlie’s 3D Technologies with the mere purpose to resell or distribute the product in any other way. Further also referred to as “you” or “your”.
“Consumer”: any natural person who acts for purposes which can be regarded as outside his trade or profession.
“Products”: all goods and services that are the subject matter of one or more sales contracts.
“Products made according to the specifications of Consumer”: Goods that aren’t fabricated and that are made on the base of an individual choice or decision of the Consumer.
“Sales contract”: any contract under which the trader undertakes to transfer the ownership of goods and/or to deliver a service to the Consumer. The Consumer pays or undertakes to pay the price thereof.
Deze Verkoopsvoorwaarden zijn steeds en uitsluitend van toepassing op alle huidige en toekomstige Verkoopovereenkomsten tussen Charlie’s 3D Technologies en de Koper. De Koper aanvaardt de toepasselijkheid van deze Verkoopsvoorwaarden, alsmede alle andere rechten en plichten zoals vermeld op de website, vanaf gebruik van de website.
These General Conditions of Sale shall always and exclusively apply to all current and future Sales contracts between Charlie’s 3D Technologies and Purchaser. The Purchaser accepts these terms as well as all other rights and obligations as stated on the website by using the website and/or placing an order.
These General Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these General Conditions of Sale.
Charlie’s 3D Technologies reserves the right to amend and/or supplement the General Conditions of Sale for future orders. A future change will obviously have no effect on existing product orders and the resulting agreements.
2. Realization of the Agreement
Charlie’s 3D Technologies presents its online offer with utmost care when providing information about the features of the products, including technical descriptions which are based on details of partners and suppliers, and photographs illustrating the products. This entirely in so far as technical means allow and in accordance with the best standards in the market. The images displayed on our website provide an approximate representation of the substantial features of our products.
Every offer on our website is presented as an invitation to purchase, and can’t be seen as an offer that binds Charlie’s 3D Technologies. The offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. These specific conditions are only applicable when explicitly communicated prior to the order placement.
If the Purchaser wishes to purchase a product from Charlie’s 3D Technologies, the Purchaser must complete the purchase via an online ordering method.
This purchase is binding on the Purchaser. Charlie’s 3D Technologies will send a confirmation of the order within seven (7) calendar days, as from the moment of ordering. This confirmation will be send to the e-mail address specified by the Purchase. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by Charlie’s 3D Technologies.
Charlie’s 3D Technologies kan te allen tijde beslissen om geen bevestiging te sturen of in een uitdrukkelijke verklaring het productorder weigeren. Indien de bestelling niet of slechts gedeeltelijk kan worden uitgevoerd zal Charlie’s 3D Technologies de Koper hierover inlichten en eventueel een vervangend product voorstellen. Indien Charlie’s 3D Technologies het productorder weigert of de Koper niet akkoord gaat met de voorgestelde alternatieven zal er geen sprake zijn van een overeenkomst. De Koper heeft geen recht op enige vorm van schadevergoeding.
Charlie’s 3D Technologies retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. If an order can not or can only partially be executed, Charlie’s 3D Technologies will inform the Purchaser and will (where possible) propose a similar product. If Charlie’s 3D Technologies refuses the order or if the Purchaser does not agree with the proposed alternatives, there will be no Sales contract. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
According to the Act of March 11, 2003 on electronic trading, the Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. Charlie’s 3D technologies can make use of all electronic files available, within the limits permitted by law, to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
3. Our prices
All prices are indicated in EURO and include VAT and other taxes. The costs of delivery and other additional costs (for example: payment method) are not included in the individual product price. These costs will be communicated in the last step of our online ordering process.
The Purchaser has to pay the price as displayed on the confirmation of order, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Charlie’s 3D Technologies after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
Charlie’s 3D Technologies has the right to change their prices at any time but commits to always apply the prices that was indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
Invoices are only given to legal persons (B2B). Consumers are explicitly excluded en can therefore not request invoices.
4. Payment
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website:
- Bank Transfer
- Paypal
- Cash/Bancontact/VISA/Mastercard when collecting in store
Charlie’s 3D Technologies has taken all reasonable measures to ensure safe payments. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
When paying online, we make use of the secured payment system of Paypal for the further processing of the payment.
When paying in store, we make use of the secured payment system of Ingenico for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
The Purchaser can choose a payment method that involves no immediate payment by its nature, such as a bank transfer. In that case the Purchaser has an obligation to pay within 14 days after the confirmation of order.
Charlie’s 3D Technologies
Dijkstraat 15
B-9700 Oudenaarde
BELGIË
ING
IBAN: BE41 3631 5070 5910
BIC: BBRUBEBB
BNP Paribas Fortis
IBAN: BE52 0017 0212 7809
BIC: GEBABEBB
Our defaults in payment are at the latest payable fifteen (15) days from the date of default in payment. Each default in payment on the due date shall, automatically and without further notice, give rise to an interest of 10% on the outstanding amount per annum. If the default in payment remains up to ten (10) days after the dispatch of a registered letter, the outstanding amount shall be increased by 10%. This amount applies for expenses other than the loss of interest and the actual legal costs.
Charlie’s 3D Technologies shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Charlie’s 3D Technologies always retains ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
5. DELIVERY AND INSTALLATION
We process every order with the care it deserves. The order shall be processed within thirty (30) calendar days upon order confirmation, in accordance with the Belgian Code of Economic Law. Charlie’s 3D Technologies has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. The Purchaser may only terminate the agreement if Charlie’s 3D Technologies fails to deliver the products within the communicated delivery deadline. In the event of such termination, Charlie’s 3D Technologies will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement. The exceeding of the delivery time does not give rise to another compensation.
Charlie’s 3D Technologies uses external parties and carriers for the execution of the delivery:
- Bpost
- Kiala
This may have an effect on the delivery. Charlie’s 3D Technologies takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent, remains undelivered, Charlie’s 3D Technologies will conduct an investigation at the carrier’s end. This can take several days. During this period, Charlie’s 3D Technologies cannot provide any reimbursement or proceed to a re-delivery of the products.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
Charlie’s 3D Technologies bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from Charlie’s 3D Technologies to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
Charlie’s 3D Technologies also offers the possibility to the Purchaser to pick up the order at the address mentioned above.
6. Defects and complaints
The statutory warranty period, as provided in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. The Consumer enjoys furthermore a statutory warranty period of two (2) years (Article 1649bis – 1649quinquies Belgian Civil Code). The warranty is not applicable if the Purchaser was aware of the defects at the time of the sale. Additional commercial warranties are always possible in accordance with the relevant conditions.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards Charlie’s 3D Technologies in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photos and videos.
The defective products must be send to Charlie’s 3D Technologies, in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. Sending back an order is always at risk of the Purchaser. All costs for return shipment shall be borne by the Purchaser. Charlie’s 3D Technologies recommends a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
The warranty is not applicable in case of:
- Damage caused by normal wear and tear, accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use and exposure to moisture, fire, earthquake or other external causes.
- Damage caused during the installation and caused by a use that is not in accordance with the instructions and information provided. These instructions and information are also provided via electronic communication channels.
In the absence of a substantiated complaint, the Purchaser shall not be entitled to send back the products. If the conditions of warranty are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered products, if the situation renders it possible. Charlie’s 3D Technologies is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
If the products have been sent back although the conditions were not met, Charlie’s 3D Technologies will send the products to the Purchaser back again. The cost of this shipment will be borne by the Purchaser. Charlie’s 3D Technologies may stock the returned products at third parties, for account and at the risk of the Purchaser, as long as the costs of return have not been paid.
7. RIGHT OF WITHDRAWAL
7.1. Applicability of the Right of Withdrawal.
The consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, within 14 days after the delivery, he is not satisfied with the product. No required motivation or penalty fee is applicable. Charlie’s 3D Technologies does welcome your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, Charlie’s 3D Technologies will take care of the reimbursement of the amount actually paid for the product as soon as possible, and no later than fourteen (14) calendar days. Charlie’s 3D Technologies will reimburse the Consumer through the same payment method you used for the initial transaction, unless the Consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention! If the consumer selects a delivery method that differs from the cheapest standard delivery method, these additional delivery costs will not by reimbursed.
The consumer is not entitled to exercise his right of withdrawal in the following cases:
- Service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed (Article VI.53.1° Code of Economic Law)
- The supply of goods which are made to the consumer’s specifications, or are clearly personalized (Article VI.53.3° Code of Economic Law)
- Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods (Article VI.53.8° Code of Economic Law)
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (article VI.53.13° Code of Economic Law)
7.2. Exercising the Right of Withdrawal.
The consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement to Charlie’s 3D Technologies. The communication must happen within fourteen (14) calendar days:
- Sales contract: The day of acquiring physical possession of the goods.
- Service contract: The day of the conclusion of the contract.
It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
- The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
- Name and address of the Consumer;
- Signature of the Consumer.
The Consumer must remand the products to Charlie’s 3D Technologies as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. Until receipt of evidence by the Purchaser that the products have been returned, Charlie’s 3D Technologies may suspend the reimbursement.
The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Charlie’s 3D Technologies is entitled to charge the costs of the impairment in proportion to the repayment.
If the Consumer doesn’t meet the above conditions, there is an unlawful use of the right of withdrawal. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. Charlie’s 3D Technologies undertakes to clearly communicate its motives to the Consumer.
8. Force Majeure
Force majeure exists if Charlie’s 3D Technologies is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. Charlie’s 3D Technologies is in that case not obliged to fulfil its obligations. Charlie’s 3D Technologies may suspend its obligations for the duration of the force majeure.
9. Intellectual property
Charlie’s 3D Technologies retains all intellectual property rights and all related rights with regard to the products and tradenames. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
10. Processing personal data
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order. Communicating incorrect or false information is contrary to the present General Conditions of Sale.Purchaser’s personal data are exclusively processed in accordance with the applicable Privacy Policy, which can be consulted via our website.
11. Applicable law and competent court
All offers from, and agreements with Charlie’s 3D Technologies are exclusively governed by Belgian law. The Vienna Sales Convention is hereby expressly precluded. In case of a dispute concerning the execution of the agreement, the parties are expected to find an amicable solution. In the absence of an amicable solution, the dispute can be submitted to a centre for arbitrage and mediation (like CEPANI). Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district of Oost-Vlaanderen.