GENERAL TERMS AND CONDITIONS B2B WEBSHOP
Vaartlaan 9, B-9800 Deinze
+32 (0)9 385 93 24
Article 1: General provisions
The electronic webshop of LivWise, an Ltd. with registered office at Vaartlaan 9, 9800 Deinze (Belgium), BTW BE 0454.468.358 (hereafter ‘LivWise) offers her clients the opportunity to buy products online via its Webshop.
Present General Conditions (“Conditions’) are applicable to any order placed by a visitor of the website (“customer’) at LivWise. Placing an order via the LivWise Webshop implies that the customer is aware of and has consulted these Conditions while explicitly accepting the applicability of these Conditions, with exception of all other conditions. Additional conditions of the customers are excluded, barring those conditions that were explicitly accepted by LivWise on a prior moment and with written notice.
Article 2: Price
All prices mentioned are expressed in EURO. In case delivery costs, reservation costs or administrative costs are charged, it shall be mentioned separately.
Delivery costs are:
- 35 euro for orders under 100 euro
- 25 euro for orders between 100 and 300 euro
- Free delivery for orders above 300 euro
- Free delivery for orders above 500 euro
Export outside of Europe:
- Minimum orders are 300 euro, ExWorks Deinze
The use of price indications refers exclusively to the articles as defined verbatim. The accompanying picture is used in a decorative fashion and may contain elements or articles that are not comprised in the price.
Article 3: Range on offer
The articles are exclusively for retail.
Even though the catalogue and website are compiled with the greatest possible care, provided information may still be incomplete, may contain material errors or may not be up-to-date. Manifest errors in the supply are not binding for LivWise. Regarding the accuracy and comprehensiveness of the provided information LivWise is only bound to best efforts obligations. LivWise shall in any event not be liable for material errors, typos or printing errors.
When you have specific questions on measurements, colours, stock, delivery times or delivery means for instance, we request you to contact our customer service (see Article 13).
Offers shall always be applicable until stocks are exhausted and may always be changed or revoked by LivWise. Products for which supply is indicated with a green colour are in stock, an orange colour signifies stock is low and those products indicated with a red colour are out of stock. LivWise shall not be held liable for the non-availability of a product.
Article 4: Online purchases
To buy a product online, the customer must add the product to his/her shopping basket. Thereafter the customer fills out his/her contact data and billing information. Once these steps have been completed the customer shall be redirected to a summary page of his/her order. On this page the customer is obliged to accept the General Terms and Conditions and shall confirm the payment of the order by clicking on the designated ‘button’. After completing these steps the purchase shall be definite. Following the completion and the payment of the order, the customer shall receive an order confirmation and a payment confirmation by e-mail as well. Furthermore, the customer shall receive an e-mail confirmation once the order has been processed, dispatched and delivered.
The purchase shall be established once the customer has received a confirmation e-mail of livWise.
The products shall be delivered on the delivery date mentioned in the confirmation e-mail.
LivWise is authorised to decline an order (in writing), owing to a severe deficiency by the customer regarding the order or any other order or agreement in which the customer is involved.
Article 5: Retention of title
The delivered products shall remain the exclusive property of LivWise until the moment payment by the customer is completed. After delivery, the risk of loss and damage shall be transferred to the customer as well. The customer has undertaken that he/she shall point out the retention of title of LivWise to third parties if necessary, for example to any person whom is authorised to confiscate any products that have not been fully payed.
Article 6: Sanctions against non-payment
Notwithstanding the exercise of other rights possessed by LivWise, in case of non- or late payment, the customer is automatically and without the necessity of a letter of formal notice indebted to an annual interest of 10% on the non-payed amount. Furthermore, the customer is automatically and without the necessity of a letter of formal notice indebted to a flat-rate compensation of 10% on the amount in question, with a minimum of 25 euro per invoice.
Notwithstanding the conditions stated above LivWise remains the right to revoke the not (fully) payed products.
Article 7: Delivery
Any apparent damage and/or qualitative deficiency of a product or other deficiencies at delivery, must be notified instantly. Subsequently, if applicable, the products in question must be returned within a period of 14 days.
While ordering, stock must always be considered: Products for which supply is indicated with a green colour are in stock, an orange colour signifies stock is low and red indicates the product is out of stock.
LivWise shall not be held responsible for any consequential damages due to late delivery or non-delivery by the carrier designated by the company. The accountability of LivWise is in these cases restricted to the value of the products for which the customer has indicated that he/she did not receive them.
Article 8: Warranty
a. Commercial warranty
Products ordered by LivWise are subject to a warranty on manufacturing errors of 2 years. Any type of damage due to deterioration, unusual use or accident do not fall within this warranty. When upon delivery any apparent damage and/or qualitative deficiency of the product has been noted by the customer, he/she must report it immediately and must return the product in question within a period of 14 days.
To appeal to the warranty, the customer must be able to present the receipt of purchase.
For those articles purchased online and delivered by the customer at home, the customer must contact the customer service of LivWise after which the customer must return the product to LivWise at his/her expense. If it concerns a justified return, after internal evaluation, the return cost will be reimbursed by LivWise in full.
Any deficiency must be reported within a period of 14 days after the identification of the consumer. If not reported within this period shall result in loss of entitlement to repayment or replacement.
The (commercial and/or legal) warranty is never applicable to any defects caused by accident, neglect, crashes, abnormal or incorrect use, use of the product in conflict with the purposes for which it is designed, the failure to comply with user instructions of the manual, adaptions or modifications to the product, heavy-handed use, poor maintenance.
The warranty is neither applicable to products of short lifetime nor to products prone to deterioration. Defects that manifest itself after a period of 6 months following the day of purchase, delivery if applicable, are deemed not to contrive any hidden defects, save proof to the contrary by the customer.
The warranty is not transferable.
Article 9: Right to withdrawal
The provisions of this Article are only applicable to those customers that purchased products online in their capacity as consumers.
The consumer has the right to report to LivWise that he/she forgoes acquisition without being subject to any financial repercussions nor mention of reason of withdrawal within a period of 14 days following the day of delivery.
Customers who wish to make use to the right of withdrawal, must contact the customer service of LivWise within a period of 14 days following delivery and must return the products within 20 days after delivery at own expense to LivWise, Vaartlaan 9, B-9800 Deinze, or through an account manager.
The customer may not use the products within the withdrawal period. If the returned product is damaged or impaired, LivWise reserves the right to claim a compensation for any impairment caused by the customer.
Only those products in original packaging, along with any accessories, user manuals, invoices or receipt of purchase will be taken back.
Unless agreed otherwise, the customer cannot appeal to the right of withdrawal with respect to following agreements:
N° 1 concerning the delivery of services of which the implementation has commenced before the expiry of withdrawal period with consent of the customer;
N° 2 concerning the delivery of products that are made to the consumer's specifications or are clearly personalised, products that due to their character are not suitable for return or which are liable to deteriorate or expire rapidly;
N° 3 concerning the delivery of audio- and video recordings and computer software of which the seal has been broken; and
N°4 concerning the delivery of daily papers, periodicals and magazines.
Article 10: Privacy
The person responsible for processing, LivWise, Vaartlaan 9, B-9800 Deinze respects the Belgian law of 8 December 1992 regarding the protection of privacy and the processing of personal information.
Personal information transmitted by yourself shall solely be used for following purposes: account management, order processing, campaigning via newsletters, to keep you updated on our activities, advertising or marketing purposes.
You are entitled legally to the inspections and potential correction of your personal information. Proof of identity provided (copy identity card) you may request your personal data free of charge via written, dated and signed application to LivWise, Vaartlaan 9, 9800 Deinze, email@example.com. If necessary you may also request to rectify the information that is incorrect, incomplete or irrelevant.
In case of the use of information for direct marketing: you may oppose to the use of your personal information for direct marketing free of charge. To this end, you may address LivWise, Vaartlaan 9, B-9800 Deinze.
We consider your information as confidential information and shall not transmit, lease or sell it to third parties.
The customer itself is responsible for the confidentiality of his/her login data and the use of his/her password. Your password shall be stored in an encrypted code, as so LivWise has no access to your password.
LivWise keeps (anonymous only) visitors ‘statistics to see which pages of the website are visited and to what extent. If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org.
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 12: Invalidity – Non-revocation
If any provision of these Terms and Conditions is declared invalid, unlawful or null and void, this shall in no manner affect the validity, lawfulness and applicability of the other provisions.
The fact that LivWise does not enforce any of the rights summarised in these Terms and Conditions at any given time or does not exercise any right contained therein shall never be deemed as the revocation of this provision and shall never invalidate these rights.
Article 13: LivWise Customer Service Department
The LivWise customer service is reachable by phone number + 32 (0) 9 385 93 24, via e-mail email@example.com or per mail at the following address Vaartlaan 9, B-9800 Deinze.
Article 14: Amendments to the Terms and Conditions
These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made as well as the general terms and conditions of sale of LivWise. In the event of a conflict these Terms and Conditions take precedence.
LivWise can amend these Terms and Conditions at any time without publishing that fact. Any purchase after such an amendment entails acceptance on the part of the customer of these new Terms and Conditions.
Article 15: Evidence
The customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law – Competent court
Belgian law is applicable, except for the provisions of private international law concerning the applicable law and of the Rome I Regulation concerning international contracts for the international sale of goods. In the event of any disputes, the courts of East-Flanders are solely competent.