Article 1: the Seller
The web shop funkywalls.be, referred to below as the Seller, is the property of Yves Buysse and is registered under VAT number BE 0846.171.283.
Article 2: sales agreement
- The sales agreement arises between the Seller and the Purchaser, who accepts the general terms and conditions when placing an order and who declares that he, she or it is legally competent.
- Within the scope of online sales and in accordance with the Law of 9 July 2001 introducing a legal framework for electronic signatures and certification services, both the Seller and the Purchaser accept all electronic documents. An electronic confirmation of an order therefore has the same legal value as a handwritten signature.
Article 3: products and prices
- The products offered by the Seller are the products that are selected online on the day that the Purchaser visits the website and for as long as stocks last. The Seller takes the utmost care to ensure that a correct version of the product based on photographs and descriptions is provided. However, it can happen that the colours deviate slightly from the original product due to matters such as screen settings and quality.
- The Seller has the right to adjust prices and correct any typing errors. If this causes a disadvantage for the Purchaser, the Purchaser is informed of this and he, she or it has the right to cancel the order.
- All prices include VAT but exclude shipping costs, unless there is an explicit statement or written agreement to the contrary. If a product is priced lower after an order has been processed, then the Purchaser cannot claim entitlement to the lower price.
Article 4: order confirmation and payment
- An order is only confirmed when the Seller has sent an electronic confirmation to the e-mail address that was provided at the time of the order.
- The order shall only be executed after receipt of payment in full, including shipping costs, for the products ordered.
- The Seller reserves the right to refuse an order by the Purchaser with whom there is a pending dispute or (with whom) a dispute arose in the past.
Article 5: delivery
- The order is shipped to the delivery address provided by the Purchaser after payment in full and, at the latest, within 3 working days. Delivery terms mentioned are not binding and have been provided for information purposes only. If the delivery term is exceeded, the Purchaser is notified accordingly.
- The Seller cannot be held responsible if the Purchaser has given an incorrect delivery address. The Purchaser is liable for costs for reshipping the package in the case of an incorrect address.
- The order is shipped through bpost or GLS (General Logistics Systems). The Seller cannot be held responsible for any delivery delays that occur.
Article 6: refund or exchange
- The Purchaser has the right to refuse the purchase without paying a fine or providing a justification within 14 calendar days after the products have been delivered. The Purchaser is liable for the shipping costs for returning such items.
- The Purchaser must report any return by e-mail to firstname.lastname@example.org. All items must be returned in the original state. The Purchaser returns the products at own risk.
- If the Purchaser does not request an exchange, the Seller shall refund the amount paid for the order, with the exception of the shipping costs, within a term of thirty days.
Article 7: complaints
The Seller checks the items before shipping and provides proper packaging. Nonetheless, it may happen that it is established that the product does indeed have a defect or that an incorrect product is delivered. If the Purchaser constitutes a defect, this must be reported by e-mail to email@example.com within 5 working days after delivery. The Seller ensures that complaints are handled properly and shall bear the costs for the return shipping if the mistake falls under the Seller’s responsibility.
Article 8: privacy
funkywalls.be respects the Purchaser’s privacy in accordance with the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data.
Article 9: exceptions
- The Seller cannot be held liable for complete or partial non-fulfilment of his, her or its obligations if this is due to force majeure such as strike, flooding or fire and any other incidents meeting the criteria set in the jurisprudence.
- These general terms and conditions of sale are governed by Belgian law. The Seller undertakes to duly take into account all prescriptions in the BDMV (Belgian Direct Marketing Association) Code of Conduct. An amicable solution must be sought in cases of disputes, before filing a legal claim. Belgian law governs all agreements between Purchaser and Seller. Only the Court of Ghent has jurisdiction in the case of disputes or an agreement can be closed using the European ODR-platform - firstname.lastname@example.org .