Terms and conditions
Company details & Return Address
Address: Klaterstraat 60, 2830 Willebroek, Belgium
Company registration number: BE 0860.713.266
Terms and Conditions in other languages:
The Terms and Conditions have been written in Dutch, French and English, for legal purposes the text in Dutch is to be given priority of interpretation.
Article 1: General provisions
The e-commerce website of FARAVINO N.V., a limited liability company (Naamloze Vennootschap) with registered office at Klaterstraat 60, 2830 Willebroek, Belgium, VAT BE 0860.713.266, (hereinafter referred to as ‘FARAVINO’) offers its customers the possibility to purchase the products from its webshop online.
These General terms and conditions (“Conditions”) apply to every order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the webshop of FARAVINO, the Customer must explicitly accept these Conditions, with which he agrees to the applicability of these Conditions to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, except when they have been explicitly accepted by FARAVINO beforehand and in writing.
Article 2: Price
All specified prices are expressed in euros, they are always inclusive of VAT and all other taxes or duties to be borne by the Customer.
Delivery, reservation or administrative fees are specified separately.
The specified price refers exclusively to the articles as described verbatim. The accompanying photographs are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious errors or mistakes in the offer do not bind FARAVINO. In terms of the correctness and completeness of the offered information, FARAVINO is only bound by a best-effort commitment. Under no circumstances shall FARAVINO be liable in the event of manifest material errors, misprints or printing errors.
The offer is valid while stocks last and can be adjusted or withdrawn by FARAVINO at any time. FARAVINO cannot be held liable for the unavailability of a product. If an offer is of limited duration or if certain conditions apply, it shall be explicitly specified in the offer.
Article 4: Online purchases
The buyer selects items online he/she wishes to order and goes through the check-out procedure, including the registration of the personal data, delivery details and payment data.
The agreement between FARAVINO and you, the buyer, is reached at the moment that you have accepted and complied with the conditions specified by FARAVINO. FARAVINO always confirms the purchase by e-mail. If a confirmation e-mail has not yet been sent, the agreement is not yet in force. Payment of ordered articles is only possible using the suggested payment instruments. To guarantee a secure online payment and the security of your personal data, the transaction data are transmitted over the internet, encrypted with SSL technology.
The Customer has the choice between the following payment methods:
· by credit card
· by debit card
FARAVINO is entitled to refuse an order or to subject it to additional conditions due to a serious shortcoming on the part of the Customer with respect to orders involving the Customer, an incomplete order procedure, orders by minors, large orders or problems with previous orders, etc.
Article 5: Delivery and performance of the agreement
The delivery times specified by FARAVINO are approximate and are not strict deadlines. Unless otherwise agreed or explicitly specified otherwise, the goods will be delivered to the Customer’s place of residence within 30 days of receipt of the order.
If you ordered an article that is temporarily out of stock, it will be indicated when the product is available again. As soon as the articles to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the buyer.
Different conditions may apply to deliveries abroad.
FARAVINO delivers only in Belgium through its website. For delivery in other countries please contact email@example.com to see what the possibilities are. If an order cannot be delivered to the country of destination, the customer will be informed and FARAVINO reserves the right to cancel the order.
Delivery shall only be made by courier service unless otherwise agreed prior to the agreement.
The delivery or shipping costs will be communicated to you before confirmation of your purchase. If the shipping costs cannot be automatically calculated, they will be specified and/or an indication of the shipping costs will be provided.
Any visible damage and/or qualitative shortcoming of an article or another shortcoming in the delivery must be reported immediately by the Customer to FARAVINO.
The risk of loss or damage shall pass to the Customer as soon as he (or a third party other than the carrier and indicated by the Customer) has acquired physical possession of the goods.
Article 6: Reservation of title
The delivered articles remain FARAVINO’s exclusive property until the moment of full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of FARAVINO’s reservation of title, e.g. to any person who intends to seize the articles that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase products online from FARAVINO.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must notify FARAVINO of its decision to withdraw from the agreement by means of an unequivocal statement by e-mail to firstname.lastname@example.org.
To comply with the withdrawal period, the Customer must send his/her notice of the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to FARAVINO without delay, but in any case no later than 14 calendar days after the day on which he/she notified FARAVINO of his/her decision to withdraw from the agreement. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne by the Customer.
If the returned product has somehow lost some of its value, FARAVINO reserves the right to hold the Customer liable and to claim damages for any lost value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Only unused articles in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer withdraws from the agreement, FARAVINO shall refund all payments received from the Customer up to that point, including the standard delivery costs, within a maximum of 14 calendar days after FARAVINO has been informed of the Customer’s decision to withdraw from the agreement. In the case of sales contracts, FARAVINO may delay reimbursement until it has received all the goods back, or until the Customer has proved that it has returned the goods, whichever is the earliest.
Any extra costs resulting from the Customer’s choice of delivery method other than the cheapest standard delivery offered by FARAVINO will not be refunded.
FARAVINO refunds the Customer with the same payment instrument as with which the Customer made the original transaction, unless the Customer has explicitly agreed otherwise; in any case no costs shall be charged to the Customer for such refund.
The Customer cannot exercise the right of withdrawal for:
· the delivery of goods manufactured to the Customer’s specifications, or which are clearly intended for a specific person (including personalised articles or customisation)
· the delivery of goods that deteriorate quickly or with a limited shelf life;
· the delivery of alcoholic beverages, the price of which was agreed when the sales agreement was reached but the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market outside the company’s control;
Article 8: Guarantee
In pursuance of the Belgian Act of 21 September 2004 on consumer protection in respect of consumer good sales the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For articles purchased online and delivered to the Customer’s home, the Customer must contact FARAVINO’s customer service department (email@example.com) and return the article to FARAVINO at his/her own expense.
If a defect is found, the Customer must inform FARAVINO as soon as possible. In any case, any defect must be reported by the Customer within 2 months following discovery. Any right of repair or replacement expires after this period.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the manual or instructions for use, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless the Customer can prove otherwise.
Article 9: Customer service
The customer service for online orders can be reached by e-mail: firstname.lastname@example.org or by post at the following address: FARAVINO NV, Klaterstraat 60, 2830 Willebroek, Belgium. Any complaints relating to orders placed on the webshop of FARAVINO can be sent to this address.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights at FARAVINO’s disposal, in the event of non-payment or late payment from the date of the breach of contract, the Customer shall owe an interest of 10% per annum on the unpaid amount by operation of law and without further notice. In addition, the Customer shall owe fixed damages of 10% on the amount in question, with a minimum of 25 euros per invoice by operation of law and without further notice.
Without prejudice to the preceding, FARAVINO reserves the right to take back articles that have not been (fully) paid for.
Article 11: Privacy
The data controller, FARAVINO, respects the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data.
The personal data you provided will only be used for the following purposes: the performance of the reached agreement, the processing of the order, the sending of newsletters, advertising and/or marketing purposes.
Users have a statutory right to inspect and possibly correct their personal data. Subject to proof of identity (copy of your identity card), you can obtain written notification of your personal data free of charge via a written, dated and signed request to FARAVINO NV, Klaterstraat 60, 2830 Willebroek – email@example.com. If necessary, you can also ask to correct any data that are incorrect, incomplete or not relevant.
In the event of the use of data for direct marketing: You can object to the use of your data for direct marketing purposes free of charge. For this, send a request to FARAVINO NV, Klaterstraat 60, 2830 Willebroek – firstname.lastname@example.org.
We treat your data confidentially and will not disclose it, lease or sell it to third parties.
The customer is personally responsible for keeping his/her login data and password confidential. Your password is stored in encrypted form, which means FARAVINO has no access to your password.
FARAVINO keeps anonymous visitor statistics online to see which pages of the website are visited and to what extent.
If you have questions about this privacy statement, you can contact us via FARAVINO NV, Klaterstraat 60, 2830 Willebroek – email@example.com.
When you visit the site, ‘first party cookies’ can be placed on your computer’s hard disk. Such cookie is a text file that is placed by the server of a website in the browser of your computer or mobile device when you consult a website. The aim of a cookie is the optimal functioning of the site. These cookies cannot be used to identify people, a cookie can only identify a machine.
You can set your internet browser to not accept cookies, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this in the settings of your browser (via the help-function). Keep in mind that certain graphic elements may not appear correctly, or that you may not be able to use certain applications.
Article 13: Violation of the validity – non-waiver
If a provision of these Conditions is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by FARAVINO to enforce any of the rights specified in these Conditions, or to exercise any right thereof, shall never be construed as a waiver of such provision and shall never affect the validity of such rights.
Article 14: Proof
The Customer accepts that electronic communications and back-ups can be used as evidence.
Article 15: Applicable law – disputes
This agreement is governed by Belgian law, with the exception of the provisions of International Private law relating to the applicable law.
The courts of the Consumer’s place of residence have jurisdiction to hear any disputes.