Terms and conditions
1. What do we understand by parties and conditions?
In these Terms and Conditions, the following is understood to mean:
‘Floor Denil’: Floor Denil, a self-employed individual, with a registered address at César Depaepestraat, Sint-Gillis, registered under the business number 0691 619 797.
‘Buyer’: any natural person (B2C) or legal entity (B2B) who is or will be in a contractual relationship of any kind with Floor Denil.
‘Consumer’: Any natural person, in the capacity of a Buyer, who acts for purposes that are not related to their business or professional activities.
‘Products’: the subject matter of one or more purchase agreements.
‘Sales Agreement’: Every agreement in which the merchant commits to transfer ownership of goods and/or provide a service to the Buyer. In turn, this Buyer commits to paying the price for it.
These Sales Terms and Conditions apply to all current and future Sales Agreements between Floor Denil and the Buyer. As soon as you use our website as a Buyer, you accept these Sales Terms and Conditions, as well as all other rights and obligations as stated on the website. In principle, these Sales Terms and Conditions are always and exclusively applicable, except in the case of an explicit deviation. An explicit deviation is only valid to the extent that it results from mutual agreement that is expressly documented in writing. Explicit deviations are only valid to replace or supplement the clauses to which they refer. The other provisions of these Sales Terms and Conditions remain in full force and effect in any case.
Floor Denil reserves the right to amend and/or supplement the Sales Terms and Conditions at any time for future orders. A future modification will, of course, have no impact on existing product orders and the resulting agreements.
Floor Denil can be reached at https://floordenil.com/.
2. How is the agreement formed?
Floor Denil takes the utmost care when placing information online about the characteristics of the products, including technical descriptions based on data from its partners and suppliers, and with photos to illustrate the products, all to the extent that technical means allow and according to the best standards in the market. Certain non-substantial characteristics of a product may differ from the photos and descriptions as shown on the website upon delivery.
An agreement is formed at the moment an order confirmation is handed over to the Buyer or, in the case where the offer is made via the Website, when it is sent by email to the email address provided by the Buyer. Floor Denil and its Buyer expressly agree that by using electronic forms of communication, a valid agreement is established. In particular, the absence of a regular, digital, or electronically qualified signature does not diminish the binding force of the offer and its acceptance. The electronic files of Floor Denil are, to the extent permitted by law, considered as a presumption of evidence.
3. How are the prices expressed?
All prices are expressed in euros and include VAT and other taxes. In the case where a legal entity acts as the Buyer, the price can be indicated exclusive of VAT and other taxes. Special offers are only valid while stocks last. The Buyer is obligated to pay the price that Floor Denil has communicated to them in accordance with Article 2 of these terms. Obvious or manifest errors in the price quotation, such as clear inaccuracies, can be corrected by Floor Denil even after the conclusion of the agreement.
The individual product prices indicated on the website are always displayed without additional costs, such as shipping fees. Any shipping costs, if applicable, are the responsibility of the Buyer and will be displayed during the checkout of your digital shopping cart. We reserve the right to change prices at any time, but we commit to applying the rates that were indicated on the site at the time of your order.
4. How does the payment process work?
Customers have the option to pay via Bancontact, Credit card, Paypal, or iDeal.
Our invoices are payable no later than 30 days from the invoice date. Any unpaid invoice will automatically accrue interest at a rate of 12% per annum from the due date, without the need for a reminder. If the invoice remains unpaid for 10 days after the registered mailing of a reminder, the debt will be increased by an additional 10% of the invoice amount. This serves as a fixed compensation for expenses other than interest loss and actual legal costs.
Invoices are only issued upon request to legal entities (B2B). Consumers are expressly excluded from this and, therefore, cannot request an invoice.
ChatGPT Floor Denil postpones her delivery obligations until she receives full payment of all amounts owed by the Buyer. Floor Denil always retains ownership of all ordered products until full payment of all amounts owed under this agreement, regardless of whether the delivery has already taken place.
5. How will my product be delivered?
We process each order promptly. In accordance with the Economic Law Code, the maximum delivery time is thirty (30) days after receiving the order, except for payment by bank transfer, where the maximum delivery time is 30 days after receiving the payment. Deliveries will take place at the address provided by the Buyer during the formation of the agreement. Once the products to be delivered have been delivered to the specified delivery address, the risk passes to the Buyer.
In the event that a product you have ordered is not in stock, we commit to informing you by email within fifteen days of placing the order, indicating the expected delivery time for the product.
Floor Denil does everything within her capability to adhere to the stated delivery times. However, Floor Denil does not take responsibility for deliveries that are delayed or for an order that is lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the specified time, an investigation will be initiated with the carrier, which may take several days. During this period, a refund or reshipment cannot be processed.
6. Defects and Filing Complaints
The Buyer is always obligated to carefully examine the products immediately upon receipt.
Complaints from the Buyer regarding defects in the product or delivery that are externally visible must be communicated to Floor Denil in writing within seven (7) days after delivery (or within seven (7) days after the invoice date if the products could not be delivered to the Buyer). We recommend that you send your order by registered mail and purchase insurance from the carrier for the market value of the products. This is in case of theft or loss of the products during transportation by the carrier. The Buyer is responsible for all costs associated with returns.
The Buyer is not entitled to return products for which there are no substantiated complaints. If the above is not followed, and goods are returned without valid reason, all costs associated with the return will be borne by the Buyer. In such a case, Floor Denil is free to store the products on behalf of the Buyer at the Buyer’s expense and risk, and/or to return these items to the Buyer upon implicit or explicit request and at the Buyer’s expense.
7. Right of Withdrawal
Article VI.47 The Economic Law Code stipulates that the Consumer has the right to return the product within a period of 14 calendar days without any consequences, such as fines or the need to provide reasons. This is referred to as the right of withdrawal.
The Consumer who wishes to exercise the right of withdrawal must always do so expressly, unambiguously, and in writing. In this regard, it is the responsibility of the Consumer to demonstrate that they can exercise their right of withdrawal, and they must clearly provide the following information to Floor Denil:
– The indication of the following three dates: the date of the order, the date of receipt, and the date on which the right of withdrawal is being exercised;
– Name and address of the Consumer;
– Signature of the Consumer;
Any potential return shipment must be sent by post or another carrier within 14 calendar days after exercising the right of withdrawal. Returning an order is at the cost and risk of the Consumer, except when the product is non-conforming. Within the specified timeframe, the customer must return the product to Floor Denil and request a return document via email@example.com. The returned product must have a Return Merchandise Authorization (RMA) number, at the risk of being returned to the Consumer without further action.
In the case of a valid and legally correct exercise of the aforementioned right of withdrawal, Floor Denil will refund the amount paid by the Consumer to Floor Denil within seven (7) working days, using a payment method chosen by her but internationally recognized. In the case of an unlawful exercise of the right of withdrawal, the goods will be returned to the Consumer, at the expense and risk of the Consumer, upon providing a reasoned explanation.
As mandated by the applicable and relevant legal provisions, a statutory warranty applies to the products delivered by Floor Denil. If the delivered item does not conform to the agreement, the Buyer must notify Floor Denil of this within seven (7) working days following the delivery. The potential compensation resulting from this can never exceed the amount invoiced to the Buyer. Normal wear and tear, accidental or intentional alterations made by the Buyer to the product, the inability to provide an original invoice or valid proof of payment, and various forms of negligence are explicit but not limited exceptions to the aforementioned warranty system.
URLs included on the website or other electronic communication portals under the factual control of Floor Denil are to be clicked on and visited by the Buyer at their own responsibility.
9. Force Majeure
In the event of force majeure, Floor Denil is not obligated to fulfill its obligations towards the other party. Floor Denil is entitled to suspend its obligations for the duration of the force majeure.
Force majeure is defined as any circumstance beyond its control that entirely or partially prevents the fulfillment of its obligations towards the other party.
10. Intellectual Property
All intellectual property rights and derivative rights remain the property of Floor Denil. These intellectual property rights include copyright, trademark, design, and model rights, and/or other (intellectual property) rights, including, but not limited to, patentable technical and/or commercial know-how, methods, and concepts. The Buyer is prohibited from using and/or making alterations to the intellectual property rights as described in this article, unless it is solely for private use of the product itself.
11. Processing of Personal Data
The information provided by you is necessary for the processing and completion of orders, as well as the creation of invoices and warranty contracts. If this information is missing, the order will inevitably be canceled. Providing incorrect or false personal data is considered a breach of these Terms and Conditions. The personal data of the Buyer will only be processed in accordance with the applicable privacy statement, which can be accessed through our website.
12. Applicable Law and Competent Court
Belgian law exclusively applies to all offers and agreements. The applicability of the Vienna Sales Convention is expressly excluded. Any disputes related to or arising from offers made by Floor Denil or agreements concluded with her will be submitted to the courts of the judicial district of Antwerp, except where a different mandatory provision applies.