IDENTITY – NETOBOOK WEBSHOP
FRAME & FOCUS BVBA is a company under Belgian law, with its registered offices in Belgium at 1560 Hoeilaart, Willem Eggerickxstraat 33, with a registration in the Belgian Crossroads Bank for Entreprises under the company number 0663.948.865 and with VAT number BE0663.948.865. You can contact FRAME & FOCUS/NETOBOOK by email: firstname.lastname@example.org.
NETOBOOK WEBSHOP is the webshop where NETOBOOK offers products via the internet.
APPLICATION OF NETOBOOK’S GENERAL CONDITIONS
NETOBOOK’s General Sales Conditions apply to all offers, orders and contracts which are placed and/or concluded through NETOBOOK WEBSHOP. NETOBOOK declines the application of any other general conditions, among others those proposed or determined by the Client. Deviations from NETOBOOK’s General Sales Conditions are conditional upon the written agreement and signature by NETOBOOK.
By ordering a product with NETOBOOK, the Client unconditionally accepts the General Sales Conditions, in the version that applies at the moment of the order. These General Sales Conditions remain available online where the Client can always consult them. NETOBOOK files your order and contract and will keep you informed of the details of your order by email.
PURCHASES VIA THE NETOBOOK WEBSHOP
The offers of the NETOBOOK WEBSHOP are open to legal persons or natural persons of 18 years old or older. NETOBOOK is always entitled to ask written proof of the age of the Client and, in case of lack of proof hereof within a reasonable delay, the order will be deemed to have been cancelled.
To place an order, the Client proceeds following the instructions on the NETOBOOK WEBSHOP website. The order is considered an offer of the Client to NETOBOOK and will only give rise to a contract after confirmation of the order by NETOBOOK.
The Client warrants that he provides NETOBOOK with exact and correct information. The Client is required to keep NETOBOOK informed of possible modifications.
The total price of the purchase is mentioned on the order page after the selection of the products. The total price includes all costs and taxes. If the price of the order would change prior to the acceptance of the order by NETOBOOK, NETOBOOK will contact the Client to ask him whether he wishes to confirm the order taking into account the modified price.
The Client shall pay for his purchase in full at the time of ordering. To that end, the Client provides NETOBOOK with the details of his credit or debit card (issued by a credit or debit card provider which is accepted by NETOBOOK). As long as NETOBOOK does not dispose of these details, NETOBOOK cannot process the order nor enter into an agreement with the Client.
The NETOBOOK WEBSHOP is available worldwide.
CONTRACT FORMATION AND INVOICING
The contract with NETOBOOK shall be formed from the acceptance of the Client’s order by NETOBOOK, which acceptance can only be given after payment has been received. Only the express acceptance of NETOBOOK will give rise to the formation of a contract. NETOBOOK has the right to refuse acceptance of an order of the Client, for whatever reason, including the non-availability of the ordered products.
In case of refusal of an order, NETOBOOK will promptly provide for a refund of any payment already received.
In case an offer has been accepted by NETOBOOK, but no payment was received, NETOBOOK has the right to claim, apart from the payment of the agreed price, interests for the belated payment, calculated on the basis of the legal rate and such as of the date of the first payment collection letter. In addition, NETOBOOK is entitled to claim an indemnity for administrative charges of 10% of the amount of the agreed price, with a minimum of 30€, unless proof of a more important damage. In case an offer has been accepted by NETOBOOK, but no payment was received, NETOBOOK is also entitled to postpone delivery or to consider the agreement as terminated at the initiative of the Client. In that case, NETOBOOK is entitled to claim an indemnity of 30% of the agreed price, unless proof of a more important damage.
NETOBOOK tries its best to deliver in conformity with the accepted delivery and at the address provided by the Client when placing the order. However, it can at times be impossible for NETOBOOK to deliver to certain locations. In such cases, NETOBOOK will contact the Client to agree on another delivery address.
NETOBOOK strives to deliver the product to the Client as soon as possible and by no later than 10 working days after receipt of the order and the related payment.
NETOBOOK will keep the Client informed in case the estimated delivery date will not be met.
NETOBOOK solely delivers in its standard packaging. Specific demands of packaging of the Client will not be accepted unless specifically agreed upon by NETOBOOK with an indication of the additional costs involved at charge of the Client.
Upon delivery of the product, the Client will be responsible for the product and all risks thereof.
The Client ensures his availability for receipt of the delivery at any time reasonably specified by NETOBOOK. In case the Client is not available to accept the delivery, the carrier may leave a notice for the Client at the delivery address with instructions on either redelivery or collection from the carrier.
In case of delay in the delivery due to the Client’s unreasonable refusal to accept the delivery or non-collection of the product from the carrier within two weeks of the first attempt to deliver the product, NETOBOOK is entitled to:
Charge the Client for a reasonable storage fee and/or other costs reasonably incurred by NETOBOOK
Consider the agreement terminated by the Client. In that case, NETOBOOK will refund the payments received, less the abovementioned charges and an indemnity of 30% of the agreed price with a minimum of 30€
When receiving the package, the Client is responsible for thoroughly controlling the state of the packaging and product. If the packaging is broken or damaged, it should be communicated to the shipping agent and noted on the shipping receipt. In case the damage is not mentioned on the shipping receipt, the damage of the product during the transportation will not be compensated. Consequently, this product will not be taken back by NETOBOOK.
FAULTY AND NON-CONFIRM PRODUCTS
If the Client considers the products to be faulty or non-confirm, he should inform NETOBOOK within a delay of seven days upon receipt of the products. Only written claims addressed to NETOBOOK will be accepted (email or registered post): email@example.com or FRAME & FOCUS BVBA / NETOBOOK, Willem Eggerickxstraat 33, 1560 Hoeilaart, Belgium. In that case, the Client will maintain the products in their present conditions to allow NETOBOOK to inspect these products. NETOBOOK will strive to find a solution as soon as possible.
NETOBOOK is entitled to refuse repair, replacement or refund of products in case:
The product has been misused, abused or subjected to neglect, improper or inadequate care, lack of care, damage or abnormal conditions
The product has been involved in an accident or attempt to modify or repair the product
RIGHT OF WITHDRAWAL
The Client that qualifies as ‘consumer’ according to the Belgian code of economic law has the right to withdraw from a contract within 14 days without giving any reason. This period to withdraw expires after a period of 14 days from the day the Client or a third party appointed by the Client, that is not the carrier, has taken possession of the products. The Client is aware that this right or withdrawal does not apply in the following situations:
Delivery of products according to the specifications of the Client
Products that are clearly meant for a specific person
In case of withdrawal, only the costs specified in article VI.50 and VI.51 of the Belgian code of economic law can be claimed from the Client. NETOBOOK reimburses any amount from the Client, including costs of delivery, immediately and in any case within 14 days of the day NETOBOOK was informed of the decision of the Client to withdraw. For this refund, NETOBOOK will use the same means of payment as used by the Client during the initial transaction unless the Client expressly agreed to use another type of payment and provided that the Client does not incur any further costs. However, if the Client opted for a type of delivery other than the least expensive standard delivery offered by NETOBOOK, these costs are not refundable. Unless NETOBOOK offers to collect the products itself, NETOBOOK may, with regards to sales agreements, withhold the reimbursement until it has received the goods back, or until the Client has demonstrated that he has sent back the products, whichever is the earliest. The Client bears the costs of returning the products. The Client will not be held liable in any other way for exercising his right of withdrawal.
The Client must, before expiry of the withdrawal period, inform NETOBOOK of his decision to withdraw. To this end, the Client can:
Use the model withdrawal form set out in Annex 2 to the Book VI of the Belgian Code on economic law, or
Send an email to NETOBOOK using the email firstname.lastname@example.org, or
Send a registered mail to FRAME & FOCUS BVBA / NETOBOOK at Willem Eggerickxstraat 33, 1560 Hoeilaart, Belgium.
NETOBOOK shall confirm receipt of the withdrawal to the Client. The deadline to withdraw is considered to have been met if the Client did send the communication concerning his withdrawal within this period. The burden of proof of exercise of the right of withdrawal in accordance with this article lies with the Client.
LIMITATION OF LIABILITY
In case of contradiction between the present article and the other clauses of NETOBOOK’s General Sales Conditions and any other document, the present article will prevail.
NETOBOOK is not liable for any damage resulting from or related to the use of the NETOBOOK WEBSHOP, the offers on this website, the performance or non-performance of the agreements contracted through this website, save for the exceptions in the present article.
NETOBOOK does not exclude its liability for intentional fault, nor for death or personal injury, nor any other liability which cannot be excluded by applicable law.
NETOBOOK has to execute the obligations resulting from the orders it has accepted. In case of breach of such obligation (such as breach of terms of delivery, delivery of faulty products, …), the Client is not entitled to any indirect damage, and in case of proven damage, NETOBOOK’s liability is limited to 10% of the agreed price.
Should one of the articles or part of the articles of the present General Sales Conditions be declared void and/or null, this will not affect the validity of the other parts of the articles of these conditions.
The present General Sales Conditions and the agreements (and any non-contractual obligation resulting therefrom or in relation therewith) are governed by and interpreted in accordance with national Belgian law. Any dispute resulting therefrom or in relation herewith will be exclusively judged by the Belgian court.