Terms & Conditions
Applicable to the Orders, the execution thereof and the usage of the Website.
September 2021, Gingelom (Belgium)
Article 1 – Definitions
The Seller:
Leveld with Company number 0684.531.077 and registered office at Truilingenstraat, 3891 Gingelom.
The Website:
The domain name www.leveld.eu, as well as each subdomain and promotional URL’s of the Seller and her trade name Leveld.
The Terms:
These general terms and conditions.
The Order:
An order that is placed on the Website or with the Seller.
The Location:
The location of the Terms on the Website, more specifically https://leveld.eu/terms-conditions.
This link will also be published in the footer, at the bottom of the webpage, of the Website.
The Customer:
The person who placed the order.
The Customer Service:
The service that is contacted via contact@leveld.eu.
Direct Marketing:
All activities that allow the offering of goods and services or other messages to be send to a part of the population by post, by phone or other means of communication, focused on the information of or the elicitation of a reaction of the recipient
Article 2 – General
Material scope – what is this about?
This Terms are about, unless explicitly otherwise agreed:
– The use of the Website
– The use of the contents of the Website
– Placement an order on the Website
– The execution of the Order and the agreement that results therefrom
– All possible partnerships and contracts between the Seller and other parties
– Use or reuse of the contents of the Website
– Prohibition of commercial use
The contents of the Website cannot be used for commercial purposes, unless within the context described in the next paragraph and with the permission of the Seller.
Exception
The use, whether or not with commercial purpose, of the contents of the Website in their original form in which the link with the Seller or the Website is clearly retained, is allowed.
Temporal scope
Which Terms are applied?
The Terms that are applicable to the Order are the Terms that are published on the date of the Order. These Terms will lift or ignore earlier or later Terms, respectively.
Archive
When the Terms are updated the older version is added to the archive and can be requested from the Seller.
Ambiguity
In case of textual or substantive ambiguity, the Customer can contact the Customer Service for clarity.
Contradictions in the event of a dispute
Inconsistencies, contradictions or gaps in these Terms are governed by the Belgian Law.
Language
The language of the agreements including these Terms, is English.
Article 3 – Form and substance of the Order
Where
The Order can only be validly placed through the Website or through one of the Sellers legal representatives or employees.
Who
Everybody that places an Order through the Website or through any other means mentioned in the former paragraph confirms their legal capacity to conclude agreements or have the permission thereto.
Furthermore, this act described in the previous paragraph also confirms that the Customer has the capacity of a natural person that is acting for nonprofessional purposes.
These Terms apply primarily for consumers within the meaning of the Belgian Code of Economic Law. [1]
The Terms are an integral part of the agreement
The Order can under no circumstance be definitive without acceptance of these Terms, the advertised prices and the description of the concept and the product on the Website.
The placement of the Order includes the explicit consent and acceptance of these Terms. The Terms will be published on the Website, as well as through a link in the order confirmation and the invoice.
Article 4 – The obligations
The Seller
The Seller is obliged to process the Order, if valid in accordance with these Terms and to deliver the ordered good(s) following these Terms.
The Seller will abide by the conditions and obligations set out in these Terms and the law.
The Customer
The most important obligations for the Customer that stem from the placement of an Order are the payment of the price and the reception of the delivery.
Article 5 – The prices and the payment
General
The price that applies is the price that is advertised on the Website at the time of the Order. The listed prices always include VAT, all other taxes and costs of all services that are mandatory payable by the Customer.
The VAT rate is 21%.
Price excluded VAT
The price that is advertised on the Website is not including the cost of delivery. This cost will be calculated in the final stage of the Order and will definitively be mentioned at the payment screen.
Payment
The payment of the full price will always precede the delivery of the goods.
The payment methods are mentioned on the homepage.
Coupons and gift cards.
If coupons or gift cards are used, the used amount can never be claimed or reclaimed in currency.
Article 6 – Delivery
Location
Delivery is possible in all the countries that are selectable during the checkout.
The standard delivery shall take place at the address that is given during the placement of the Order.
When the chosen method of delivery is a delivery in a pickup parcelshop, the delivery location will be the address of the chosen parcelshop.
Method
The delivery is handled according to the method of delivery that is chosen by the Customer on the Website or during the Order.
Delivery cost
The delivery cost is borne by the Customer.
The delivery cost will depend on the address of the Customer. The final delivery cost will always be definitively calculated and shown on the payment screen.
Additional charges, eg. import duties (customs) and disbursement fees and their related taxes, are to be paid by the customer.
Tracking
The Customer receives an email with a code or information to track the shipment.
Delivery time
The purchased goods will be delivered within three weeks after the Order.
Delays due to the carrier
The Seller is not responsible for the delays or inaccuracies that are caused by the carrier.
The reception of the goods by the Customer
The Customer will receive the goods and submit them to a thorough inspection. This inspection needs to enable the Customer to detect all obvious defects.
The Customer needs to inform the Seller as soon as possible and not later than two months after the discovery of an obvious defect or any other non-conformity with the goods as ordered. The Customer can do this through the Customer Service.
The Customer loses his right to pursue a claim on the basis of the defects or non-conformities as described in previous paragraph, if he does not respect the two month period.
The goods will be delivered to the Customer in the way they were presented at the moment of the Order.
Deviations caused by the technology of presentation
The Customer takes into account that there might exist minor deviations between the presented and the delivered goods due to the different types of e.g. computer screens, etc. This is true for e.g. colors, etc.
Unreceived goods
Storage of goods
If the Customer doesn’t accept the goods at the date of delivery or at every later delivery date communicated by the carrier, then has the Seller the right to store the goods on behalf and at the risk of the Customer.
Dissolution of the contract
When, in the aforementioned case, the goods are stored more than a month, the Seller will send a ultimate reminder to the Customer and will include the notice that the contract will be dissolved. In the absence of an answer, the Seller has the right to dissolve the contract and to sell the stored goods.
Indemnities
The costs of storage, administration and loss of profits shall be deducted from the original purchase price. The remainder will be refunded through the original payment method, if possible.
Non-delivery
The Seller will always be liable for the non-delivery of the goods, unless otherwise provided in these Terms.
Other legal rights
This article is without prejudice to all other legal rights arising from the Belgian mandatory laws. Especially, the rights set out in articles 7 and 8 of these Terms.
Article 7 – Right of withdrawal and retour
General
The Customer that is a consumer has a period of 14 days to withdraw from the agreement, without giving any reason, and without incurring any costs other than those provided in this article and in the Belgian Code of Economic Law. This article is to be read in accordance with articles 47-52 of Book VI of the Belgian Code of Economic Law.
‘without incurring any costs’
Before the shipment is sent
The Customer doesn’t incur any costs for withdrawing the agreement and its accessories.
After the shipment is sent
The Customer doesn’t incur any costs for withdrawing the agreement and its accessories.
However, the Customer will bear the costs for sending the goods back to the Seller after the shipment is started or completed.
Fitting the goods
The Customer can fit all the goods with caution. The Customer is allowed do this with the purpose of checking the nature, characteristics and functioning of the goods.
Diminished value of the goods
If the use of the goods goes beyond the use in the previous paragraph, the Consumer will be liable for all of the diminished value of the goods.
Method of withdrawal
The Customer can exercise his right of withdrawal within a 14-day period. The Customer can do this by contacting the Customer Service or by making use of the form in Appendix 1.
Extent of the withdrawal
The withdrawal causes the dissolution of the Offer, the main contract and every ancillary agreement.
Method and costs of sending back the goods
When the Customer exercises his right of withdrawal, he will send the goods back to the Seller as soon as possible. In any case, he will send the goods back not later than 14 days after he exercises his right.
The Customer will bear the costs for sending back the goods to the Seller.
The Customer may choose the method of sending back the goods himself. He will ensure that the chosen method is a reasonable safe method that will get the goods back to the Seller with a reasonable high probability. Thus, the Seller advises against using a plain envelope.
Refund
The Customer will be refunded as soon as possible through the original method of payment.
If this proves impossible, the Seller will ask the explicit consent of the Customer to execute the refund through another method of payment. The costs for this new method of payment will be borne by the Seller.
In any case, the Seller will execute the payment within a period of 14 days after the Customer’s exercise of his right of withdrawal.
Damaged goods
If the Customer received the goods damaged, they must reach out to the Seller within 7 days after receiving the goods.
Sale items
All SALE and promotional-priced items are non-returnable, non-refundable and non-exchangeable.
Article 8 – Guarantee
General
The guarantee specified in this agreement is a confirmation of the legal guarantee found in art. 1649bis to 1649octies of the Belgian Civil Code.
Conditions – When do you have guarantee?
The Customer can claim guarantee when a good isn’t in conformity with the Order. A good isn’t in conformity when it, either:
– doesn’t comply with the description given by the seller and doesn’t possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
– isn’t fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted;
– isn’t fit for the purposes for which goods of the same type are normally used;
– doesn’t show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect:
• given the nature of the goods and
• taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
Method and period to report a non-conformity
The Customer informs the Seller of the non-conformity as soon as possible. In any case, the notification will be made within a period of two months after the discovery of the non-conformity.
The Customer informs the Seller through the Customer Service.
The Customer loses his right to pursue a claim on the basis of the non-conformity if he doesn’t respect the two month period.
No guarantee
The Seller will not be liable for force majeure, accidents or misuse by the Customer, unless the non-conformity existed prior to the enumerated situations.
Procedure
The establishment of the existence and the resolution of the non-conformity is handled according the Belgian Civil Code, taking all the legal presumptions into account. The Customer has to reasonably cooperate.
Solution? – The Customer’s choice
The Customer can choose between the repair or the replacement of the non-conform goods, in either case free of charge, unless this is impossible or disproportionate.
A remedy shall be deemed to be disproportionate if it imposes costs on the Seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
– the value the goods would have if there were no lack of conformity,
– the significance of the lack of conformity, and
– whether the alternative remedy could be completed without significant inconvenience to the consumer.
If reparation or replacement proves impossible, or if the Seller isn’t able to execute the choice of the Customer, then the Customer will be able to choose between a price reduction or the dissolution of the contract.
However, the dissolution isn’t an option when:
the non-conformity is not serious
OR
The Customer rejects all the legal consequences of a dissolution. E.g. the return of the goods, etc.
Indemnity
If the non-conformity has caused any damage that isn’t indemnified by the aforementioned choices, the Customer will have the right to compensation for that damage.
Damage control
After the discovery of the non-conformity, the Customer has the duty to take all reasonable measures to prevent the damage of becoming worse. In particular, the further use of the goods is not recommended.
Article 9 – Rules of evidence
Electronic evidence
From the nature, the context and the circumstance of the conclusion of the Order follows the agreement with electronic taking of evidence.
User profile
The Customer creates a user profile on the Website that will be used for the Order and every following Order.
Signature
The Order will become definitive under the conditions laid down in article 3 of these Terms. The completion and confirmation of the Order under the conditions laid down in these Terms will serve as the signature of the Customer.
Article 10 – Access and use of the website
Purpose of the Website
The Website of the Seller has the purpose of informing the public of the product range, as well as making available general information about the relevant activities of the Seller.
Access and information on the Website
As regards the access to the Website, to the ordering process and the substantive accuracy, the Seller has a best efforts obligation. Thus, the Seller is allowed to suspend or stop the Website at all times and without reason. This is especially true in the case of the maintenance of the Website.
Intellectual property on the Website
Cfr. Article 13 of these Terms.
Article 11 – Privacy
Data processing
From the nature of this web shop follows that the Seller is compelled to gather certain data of the Customer. Nevertheless, the Seller will always gather this data in good faith and with reasonable care.
The storage of the data and the communication thereon will always take place with the utmost attention to confidentiality.
Gathered data
– Name
– Address
– Phone number
– E-mail
– Uses of the data
The processing of data enables the Seller to process the Order and to comply with his obligations by delivering the ordered goods.
The data is stored so the Customer is able at a later moment to easily place another order and to enable the Seller to contact or give notice to the Customer in the context of these Terms.
Furthermore, the data can be used to provide the Customer with information and newsletters about promotions, the range of products, the Seller, etc.
In any case, the data will always be used compliant with the Law of 8 December 1992 on the protection of privacy[2].
Rights of the Customer
– The Customer is able, at all times, to request the removal of the data that is used for the purpose of Direct Marketing.
– The Customer has the right, at all times, to access and to correct the data concerning him.
– The Customer has the right to demand the correction of all the inaccurate data concerning him, at all times and without any cost, by the Seller.
– The Seller will strive to comply with each request on the basis of this article or on the Law of 8 December 1992 on the protection of privacy within 5 working days.
Requests or questions
– Every request on the basis of this article and the Law of 8 December 1992 on the protection of privacy is without any costs.
– Every request will be made with the Seller at contact@leveld.eu.
Article 12 – Liability
Which events give rise to liability?
The liability that is stipulated in other articles of these Terms, isn’t governed by this article.
However, every other liability falls within the scope of this article.
Damage caused by third parties
The Seller isn’t liable for all damaging acts, mistakes and omissions of third parties.
For example, the Seller isn’t liable for any hindrance or damages resulting from illegal changes to the Website by a third party.
Damage caused by the Seller or their agents
The Seller isn’t liable for all the damaging acts, all the damaging omissions and mistakes of herself or of his agents, except for grave and intentional mistakes.
The Seller will never be liable for grave mistakes of herself or her agents for more than 1000,00 EUR.
Article 13 – Intellectual property
Unless otherwise provided in these Terms, the Website and the used unique processes and methods are exclusively intellectually owned by or licenced to the Seller.
All texts, wordings and creations of artistic value are protected by copyright of the Seller, of the Seller as principal of his agents or of her agents themselves.
These creations with artistic value are, but not limited to, the logo, the blog and the messages therein, the product descriptions, the copywriting, the photographic content, the colour scheme, the name of the Seller, …
The aforementioned creations with artistic value can appear on packaging, decorations, etc.
Every use or reproduction of the contents of the Website, the unique processes and the creations with artistic value requires explicit permission of the Seller. This permission can be obtained through the Customer Service.
Article 14 – Severability
If any part of this agreement is declared unenforceable or invalid, this will have no impact on the remainder of the agreement which will remain valid and enforceable.
Article 15 – Choice of law
When legally possible, this contract shall be governed and construed in accordance with the Belgian Law.
All claims relating to or arising out of this contract, or the breach thereof, shall likewise be governed by the Belgian Law.
Article 15 – Jurisdictional clause
When legally possible, any dispute will be settled before the Court of First Instance of Tongeren, and if needed, the Court of Appeals of Antwerpen.
Appendix 1
Model form to exercise the right of withdrawal
As included in the appendices of the Belgian Code of Economic Law
To:
Leveld
Truilingenstraat
3891 Gingelom
Belgium
I / We (*) want to inform you that I / we (*) want to withdraw myself / ourselves(*) from the agreement on the following goods (*) / following service (*).
……………………………………………………………………………………………………………………………….
Ordered on (*) / Received on (*)
Name /Names consumer(s)
Address consumer(s)
Date
Signature of the consumer(s) (only applicable when this form is handed in on paper)
(*) Delete as appropriate.
[1] A consumer is every natural person that acts for purposes outside his commercial, business, artisanal or professional activities. (art. I.1, 2° Belgian Code of Economic Law)
[2] Dutch: de Wet van 8 december 1992 tot bescherming van de persoonlijke levenssfeer;
French: La loi de 8 decembre 1992 relative à la protection de la vie privée à l’égard des traitements de données à caractère personnel