TERMS AND CONDITIONS
COMPANY DATA
FJA-OEYEN MOL NV
Asstraat 2, 2400 Mol, Belgium
info@fja-oeyen.be
Tel.: 32 (0) 14 31 13 92
Company number: 0444.678.682
VAT number: BE 0444.678.682
RPR Turnhout
ARTICLE 1: GENERAL PROVISIONS
The e-commerce website of FJA-OEYEN MOL NV, a limited liability company with registered office at 2400 Mol, Asstraat 2 VAT
BE 0444.678.682, RLP Turnhout, (hereinafter FJA-OEYEN) offers its customers the ability to purchase products from its online
shop.
These General Terms and Conditions (“Terms”) apply to any order placed by a visitor at this
e-commerce website (“Customer”). Placing an order through FJA-OEYEN’s online shop implies that the Customer is aware of
these Terms and expressly accepts the applicability of these Terms to the exclusion of all other terms and conditions. Any
supplementary Customer terms are excluded, except where explicitly accepted in writing by FJA-OEYEN.
ARTICLE 2: PRICE
All prices are expressed in EURO, always including VAT and all other taxes or fees required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, they will be listed separately.
The indication of price refers only to the items as literally described. The accompanying pictures are decorative only and may
contain elements that are not included in the price.
ARTICLE 3: PRODUCT OFFERING
Despite the fact that the online catalogue and e-commerce website are compiled with the utmost care, it is still possible that the
information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the product
offering are not binding on FJA-OEYEN. As regards the accuracy and completeness of the information provided, FJA-OEYEN is
only bound to an obligation of means. FJA-OEYEN is in no way liable in the event of material, formatting or printing errors.
If the Customer has specific questions about, e.g. size, colour, availability, time of delivery, or delivery method, we ask the
Customer to contact our customer service in advance.
The offer is valid while stocks last and may at any time be modified or revoked by FJA-OEYEN.
FJA-OEYEN cannot be held liable for the non-availability of a product.
ARTICLE 4: ONLINE PURCHASES
4.1. FJA-OEYEN webshop ordering procedure:
After the registration process, the confirmation of the order and agreement of the Terms by the Customer, the Customer will
receive an email confirmation within 24 hours of receipt of the order and will be asked for a transfer of the amount due.
4.2. Method of payment at the FJA-OEYEN shop
The Customer can pay only by bank transfer to account number BE78 413-3110431-86.
The products offered through the FJA-OEYEN’s e-commerce website constitute an offer, which is subject to the terms of
acceptance by FJA-OEYEN.
FJA-OEYEN is entitled to refuse an order (in writing), following a serious failure of the Customer with respect to the order or any
other order or agreement with which the client is involved.
ARTICLE 5: DELIVERY AND IMPLEMENTATION OF THE AGREEMENT
FJA-OEYEN will only prepare the ordered items for shipping upon receipt of payment. For payment by bank transfer the
Customer will receive the necessary data in the order confirmation.For orders under € 500, 15 euros will be charged for shipping
and handling. For orders over € 500 and for gift cards, delivery is free of charge. Delivery costs outside Belgium are quoted per
individual order.
However, FJA-OEYEN cannot specify an exact delivery date at the time the Customer places an order or in the order
confirmation email.
Unless otherwise agreed, the goods shall be delivered to the Customer’s place of residence within 30 days after receipt of
payment. Incorrect delivery addresses provided are the Customer’s responsibility and may lead to additional costs. Delivery
problems must be reported within 48 hours on +32 (0)14 31 13 92 after which the staff will propose a suitable solution.
Items ordered via this website are generally intended for delivery within Belgium. However, delivery can be made to other
countries upon request.
Any visible damage and/or qualitative deficiency of an article or other failure in the delivery must be reported immediately by the
Customer to FJA-OEYEN.
The risk of loss or damage is passed to the Customer when he (or a third party designated by him, which is not the carrier) has
accepted physical possession of the goods. The risk, however, is borne entirely by the customer upon delivery to the carrier if
the Customer chooses a carrier which was not offered by FJA-OEYEN to carry the goods.
ARTICLE 6: RETENTION OF OWNERSHIP
Until the moment of full payment by the Customer, the delivered goods remain the exclusive property of FJA-OEYEN.
The Customer undertakes, if necessary, to point out and explain to third parties the retention of ownership by FJA-OEYEN,
e.g. to anyone attempting to garnish the not yet fully paid articles.
ARTICLE 7A: RIGHT OF WITHDRAWAL
The provisions of this Article shall apply only to Customers who have purchased articles online at FJA-OEYEN in their capacity
as consumers.
The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days after the date on which the Customer, or a third party designated by the
Customer, which is not the carrier, accepts final physical possession.
To exercise the right of withdrawal, the Customer must contact:
FJA-OEYEN MOL NV
Asstraat 2, 2400 Mol, Belgium
info@fja-oeyen.be
Tel.: 32 (0) 14 31 13 92
Fax: 32 (0) 14 31 54 08
in an unambiguous statement (e.g. in writing by post, fax or email) to notify it of the decision to withdraw from the agreement.
The Customer may use the model withdrawal form provided, but it is not obligatory.
In order to comply with the withdrawal deadline, the Customer must send the notice of his exercise of the right of withdrawal
before the withdrawal period has expired.
Customer goods must be promptly, but in any event not later than 14 calendar days after the day on which the Customer
announced his decision to withdraw from the contract to FJA-OEYEN MOL NV, returned or delivered to FJA-OEYEN MOL NV
Asstraat 2, 2400 Mol, Belgium. The Customer is in time if he sends back the goods before the 14 calendar day period has
expired.
The direct cost of returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way whatsoever, FJA-OEYEN reserves the right to hold the Customer liable
and claim compensation for any value of the goods resulting from the use of the goods by the Customer that goes beyond what
is necessary to establish the nature, characteristics and functioning of the goods.
Only items that are in their original packaging, along with all accessories, manual and invoice or proof of purchase can be
returned.
If the Customer cancels the agreement, FJA-OEYEN will refund all payments received from the Customer up to that time,
including the cost of the standard delivery, within a maximum of 14 calendar days after FJA-OEYEN has been informed of the
decision of the Customer to withdraw from the contract. In case of sales agreements FJA-OEYEN may withhold the
reimbursement until it has received the goods back, or until the Customer has demonstrated that he has sent back the goods,
whichever happens first.
Any additional costs resulting from the choice of the Customer for a different method of delivery than the cheapest standard
delivery offered by FJA-OEYEN will not be refunded.
FJA-OEYEN shall refund the Customer using the same payment method as the Customer used in the initial transaction, unless
the Customer has expressly agreed otherwise; In any case, the Customer will not be charged a fee for such reimbursement.
ARTICLE 7B: EXCLUSION OF THE RIGHT OF WITHDRAWAL
The Customer can not exercise the right of withdrawal for:
• a supply of goods manufactured according to Customer specifications, or clearly intended for a specific individual
(customised);
• the supply of sealed goods which are not suitable to be sent back for reasons of hygiene and of which the seal has been
broken after the delivery.
ARTICLE 8: WARRANTY
Under the Act of 21 September 2004 on the protection of consumers in consumer sales, the consumer has statutory rights. This
statutory warranty applies from the date of purchase (or delivery as the case may be) by (to) the first owner. Any commercial
warranty conditions are without prejudice.
To invoke the warranty, the Customer must present proof of purchase. Customers are advised to keep the original packaging
of the goods.
For items that were purchased online and were delivered to the Client’s home, the Client must first contact the FJA-OEYEN
Customer service department, after which the Customer must return the product to FJA-OEYEN at his expense.
Upon ascertainment of a defect, the Customer should inform FJA-OEYEN as soon as possible. In any case, any defect must be
reported within two months of its ascertainment by the Customer. After that time, any right to repair or replacement has expired.
Warranty (commercial and/or legal) does never apply to defects that arise as a result of accidents, neglect, crashing or dropping,
use of the product inconsistent with purpose for which it was designed, non-compliance with the instructions or manual,
adjustments or modifications to the article, rough use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months from date of purchase or delivery shall be deemed to have no hidden
defects, subject to proof by the Customer.
The warranty is not transferable.
ARTICLE 9: CUSTOMER SERVICE
FJA-OEYEN Customer Service may be reached by phone at +32 (0) 14 31 13 92, by e-mail at info@fja-oeyen.be or by mail at the
following address Asstraat 2, 2400 Mol, Belgium. Any complaints should be directed to this department.
ARTICLE 10: PRIVACY
FJA-Oeyen bvba is aware that an appropriate processing of personal data is an indispensable aspect of privacy law. In order to guarantee this
right, you can check in this statement what happens to your data.
PURPOSE OF DATA PROCESSING
FJA-Oeyen may process personal data about you, because you make use of the services of FJA-Oeyen, and / or because you provide it to
FJA-Oeyen when you fill out a contact form on the website. As a result, we process your name and address, contact details and IP address.
We do this in line with the General Data Protection Regulation (AVG). This means that we only use your data to contact you, the associated
administration and that we protect your data against infringement by third parties.
SECURITY
FJA-Oeyen does not store your data for longer than strictly necessary and as long as the law obliges us to keep your data. After this period
we will delete your data. We can exchange your data with other parties. We do this via secure systems and only if this is necessary. Our
employees only consult your details if this is necessary for the performance of their duties. In addition to our own people, we have also
engaged ICT suppliers for the maintenance and management of our information provision. We have carefully selected these suppliers
and made clear agreements with them about confidentiality and security. If, in spite of our measures, it is possible that third parties gain
unauthorized access to your data, then we will report this to you and the Personal Data Authority.
WEBSITE ANALYSIS
On the FJA-Oeyen website, general visitor data is kept, including the IP address of your computer and the time of retrieval and data that your
browser sends. This data is used for analyzes of visitor and click behavior on the website. FJA-Oeyen uses this information to improve the
operation of the website. This data is anonymised as much as possible and is not provided to third parties.
RIGHTS
You have the right to view your personal data. If it turns out that your details are not correct, you have the right to have them corrected or
removed by us. It may happen that it is not possible to (fully) comply with a request (for example if your inspection leads to an infringement
of the privacy of others). If you want to view your data, you can contact FJA-Oeyen. FJA-Oeyen will respond to your request as quickly as
possible, but within four weeks.
COMPLAINTS
If you have complaints or compliments about the way we handle your data, please contact FJA-Oeyen. If you do not agree with FJA-Oeyen,
you have the right to file a complaint with the Dutch Data Protection Authority.
CONTACT DETAILS
You can address your questions and requests regarding the processing of personal data to:
Fja-Oeyen
Asstraat 2, B-2400 MOL
T +32 (0)14 311 392
E: info@fja-oeyen.be
ARTICLE 11: USE OF COOKIES
During a visit to the site, cookies may be placed on the hard drive of your computer. A cookie is a text file that is placed by the
server of a website in the browser of your computer or on your mobile device when you access a website. Cookies cannot be
used to identify individuals, a cookie can only identify a machine.
“First-party cookies” are technical cookies that are used by the visited site itself and which aim to optimise the site’s function.
For example: settings made by the user in the previous visits to the site, or even a pre-filled form with data of what the user did
during previous visits.
You can set your Internet browser so that cookies are not accepted, so that you will receive a warning when a cookie is installed
or that the cookies are deleted from your hard drive. You can do this through your browser settings (via the help function). Keep
in mind that some graphic elements may not appear properly, or you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
ARTICLE 12: IMPAIRMENT OF VALIDITY - NON-RENUNCIATION
If any provision of these Terms is invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other
provisions.
Failure at any time by FJA-OEYEN to enforce any of the rights set out in these Terms, or to exercise said rights, will never be
seen as a waiver of such provision and will never affect the validity of these rights.
ARTICLE 13: CHANGE OF TERMS
These Terms may be supplemented by other terms which are being explicitly referred to and the general purchasing terms and
conditions of FJA-OEYEN. In case of contradiction, the current Terms will prevail.
FJA-OEYEN may at any time amend these Terms without notice. Any purchase made after the amendment implies an
acceptance by the Customer of this new Policy.
ARTICLE 14: EVIDENCE
The Customer agrees that electronic communications and backups can be used as evidence.
ARTICLE 15: APPLICABLE LAW - JURISDICTION
Belgian law is applicable, except for the provisions of applicable private international laws and with the exception of the Vienna
Convention on the International Sale of Goods. Unless the Customer is a consumer, for any litigation only the courts of Antwerp,
District of Turnhout, have exclusive jurisdiction.
ARTICLE 16: UNIZO E-COMMERCE LABEL
FJA-OEYEN has endorsed the Rules of the UNIZO e-commerce label. A copy of these Rules and the access to the complaints of
UNIZO is available through http://www.unizo.be/ecommercelabel/cm/consumenten.html (only available in Dutch).
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