These terms and conditions of sale apply to all current and future sales contracts with BVBA Dema-Shop, having its registered office at 8800 Roeselare, Ovenstraat 11 and with company registration number RPR Gent department Kortrijk 0426.954.705 (hereinafter referred to as ‘Dema-Shop’).
The general terms and conditions are always and exclusively applicable to all products and services offered by Dema-Shop, even when the customer declares his own general conditions to be applicable. Dema-Shop reserves the right to amend and/or supplement the general terms and conditions for future provisions.
The content of the different forms of communication of Dema-Shop, amongst which emails, websites or catalogues, is not binding and is merely meant for informative purposes. All images and photographs of products are purely indicative. Dema-Shop cannot be held liable for any reason if the website is not available for a certain period and does not guarantee that the access to the website will be uninterrupted, on time or error-free. Users may view and print out the information on the website for personal use and free of charge, but not use it for commercial purposes.
Anyone who places an order, confirms to be legally competent. Dema-Shop undertakes to process the placed orders while stocks last and within the limitations specified in these terms and conditions. Any order placed with representatives of Dema-Shop is only valid subject to acceptance by Dema-Shop. The party placing the order declares that it knows and accepts the general terms and conditions Dema-Shop. Dema-Shop reserves the right to refuse orders in case of a serious suspicion of an abuse of rights or bad faith, serious suspicion of unacceptable commercial purposes for Dema-Shop or in case a particular article is out of stock. The general terms and conditions are always available and can be consulted via the website. The general terms and conditions specified on the website and/or the invoice at that time apply for every order. All offers of Dema-Shop are free of obligations. Dema-Shop may change prices at any time without prior notice.
All prices of products are specified in euros and are inclusive of 21% VAT. Transport costs, taxes and other levies are not included, unless specified otherwise or explicitly agreed in writing. The customer owes Dema-Shop the price specified in the confirmation. Clear errors in the quote, such as evident inaccuracies, can also be corrected following conclusion of the contract by Dema-Shop. Invoiced goods will not be taken back.
Products are only delivered in the countries for which Dema-Shop accepts the order. The specified delivery times are not binding but are merely indicative. Dema-Shop has the right to make partial deliveries. The goods of Dema-Shop always travel at the expense and risk of the addressee, even if the transport costs are borne by Dema-Shop. Delivery is also at the risk of the customer. Dema-Shop does not take any responsibility for late deliveries as a result of unexpected circumstances caused by third parties nor for loss, theft or damage during shipment by third parties. A delay in a delivery cannot give rise to termination of the purchase or payment of damages in favour of the customer, except in case of deliberate delays. Dema-Shop undertakes to package the products to be delivered as meticulously as possible to exclude the chances of damage in case of normal handling. To the extent permitted by law, Dema-Shop is not liable for losses, costs, liability, damage, fines or expenses following a delay or failure of delivery.
All invoices are, unless otherwise stipulated and not yet paid electronically, (payable in full and in cash at the registered office on the due date or in the absence of specification of a due date within 30 calendar days after the invoice date, without discount. The invoices are considered to have been accepted in full in the absence of a registered protest within 14 calendar days upon receipt of the invoice. The invoice is considered to have been received 3 working days after the issue date. In the absence of prompt or full payment, an interest of 12% per annum will be owed by operation of law and without notice of default, from the due date of the invoice to the day of full payment. In the absence of payment, prompt payment or full payment, fixed damages shall also be owed to the amount of 15% of the invoice amount with a minimum of EUR 50, even when awarding respite terms. In case of late payment of an invoice, all other not debts of the customer that are not yet payable shall become due and payable immediately, by operation of law. In case of non-payment, Dema-Shop reserves the right to not proceed with the delivery of the products or to suspend all further deliveries. Dema-Shop also reserves the right to consider the agreement as wholly or partly dissolved by operation of law and without prior notice of default for its entirety or for the part not yet performed.
The delivered goods remain Dema-Shop's property until full payment of the selling price, increased with the costs and the interest, even if the delivery has already taken place. The customer is therefore prohibited to sell, lease, pledge, process, incorporate or in any other way alienate or encumber the goods, until full payment of the invoice, subject to an agreement to the contrary with Dema-Shop. Nevertheless, from the delivery the customer bears the risk of loss or destruction of the goods.
Dema-Shop is not liable for a delay in the execution or non-execution of any obligations due to events outside its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governments, supranational or local authorities), riots, disturbances, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercive measures of a competent authority, strikes and/or lockout, epidemic, fire, explosion, storm, floods, drought, weather conditions, earthquake, accident, mechanical defect, software of third parties, defects or problems with the public utilities, production interruptions, difficulties with supply or shortages or raw materials, labour, energy or transport or delays in transport, work interruptions or other collective work disputes, which either affect Dema-Shop, its suppliers, defects in the internet, the electricity grid, mail traffic or technology supplied by third parties, government measures and illness, even if these events could be foreseen.
Dema-Shop retains all intellectual property rights and derivative rights. These intellectual property rights shall be understood to mean: copyright, trademark, industrial design right and/or other (intellectual property) rights, including possibly patentable technical and/or commercial know-how, methods and concepts. The customer shall not use and/or make changes to the intellectual property rights as specified in this article of Dema-Shop's general terms and conditions. Content, images, logos, drawings, photographs, data, product names, texts, etc. on the website or in catalogues and other printed works of Dema-Shop are protected by copyright and other (intellectual) rights of ownership and treaty provisions.
When products are purchased, the customer explicitly agrees that his/her personal data can be used for administrative purposes, such as updating orders, shipments and invoices, and checking solvency. The information specified by the customer is necessary to process and complete the orders and the invoicing and for that reason are kept in a customer database. Dema-Shop shall never transfer these personal data to third parties, unless explicitly requested by the legal authorities or when it is required by law to do so. The customer also has the right, free of charge, to oppose the processing of his/her personal data for direct marketing purposes. Only customers who have given their explicit consent are included in Dema-Shop's newsletter. Unsubscribing is possible at the customer's simple request. The customer has the right to view, change or remove his or her personal details.
The customer undertakes to carefully check the products immediately upon receipt. Dema-Shop's guarantee is restricted to the guarantee for hidden defects, namely in particular, defects in materials and workmanship. Dema-Shop is solely responsible for damage that is the result of an intentional act or gross error. Dema-Shop is not liable for any general or special indirect damage whatsoever, suffered by the customer. Any problem or defect relating to the delivery of an article, damage or qualitative shortcoming must be notified in writing via registered letter to the registered office. Complaints must, to be admissible, be sent to Dema-Shop: (a) in the event of a complaint due to a non-conforming delivery, 7 days after the delivery and (b) in the event of hidden defects, 7 days after discovery of the defect or following the moment when such discovery should have been made in all reasonableness. Returning the delivery is only possible with the approval of Dema-Shop. Dema-Shop offers the guarantees laid down by law. Dema-Shop is not liable for force majeure, accidents, incorrect use or wrong handling of an article by the customer. An item with an accepted defect will, at the discretion of Dema-Shop, be replaced or repaired free of charge or returned by the customer to Dema- Shop subject to reimbursement of the sales price by Dema-Shop to the customer. In any case, the liability is limited to the value of the delivered goods. The short term referred to in article 1648 of the Civil Code is conventionally set at 1 year from the delivery of the goods.
All offers and agreements are governed exclusively by Belgian law. In case of a dispute, only the courts and tribunals of the judicial district Kortrijk have jurisdiction, as well as the peace court of Roeselare.