General order terms and conditions

General order terms and conditions

Private consumers have fourteen (14) calendar days to return, at their own expense, the Product(s) they have ordered without payment of any fine and without giving any reason.  This period starts on the day after the delivery date of the order.  The Product(s) must be returned in the original packaging and conditioning to the following address: NV MARTIN VAN CLEVEN, NIJVERHEIDSSTRAAT 1, Zone B1, in 8650 HOUTHULST (Belgium).

This does not apply to products that are not in stock with us.

 

  1. Precedence

These general terms and conditions take precedence over those of the buyer, and, unless otherwise stipulated and well-defined, the buyer waives his own general terms and conditions.

 

The buyer is any natural or legal person to whom NV MARTIN VAN CLEVEN supplies goods, works and/or services.

 

Should any provision of these general terms and conditions be annulled, this shall not affect the validity of the remaining general terms and conditions.

 

 

  1. Quotation

Quotations are purely informative and do not bind NV MARTIN VAN CLEVEN.  Quotations are valid for the duration mentioned therein, unless explicitly agreed otherwise.

 

NV MARTIN VAN CLEVEN shall only be bound by the written order confirmation issued by NV MARTIN VAN CLEVEN.  An order confirmation is only valid for the goods and/or works confirmed therein, and does not apply to subsequent orders.

 

The buyer provides the measurements and quantities for quotations and orders.  He must verify their accuracy and shall bear ultimate responsibility for them.

 

 

  1. Origin of the agreement

The sales agreement comes into existence at the moment that the buyer accepts the offer by placing an order through the website and carries out the payment through the payment systems provided for that purpose.

 

Orders placed by telephone, verbally as well as by e-mail are not valid without our written confirmation and payment.  A written confirmation that is not disputed by registered letter within 14 days of receipt shall be binding.

 

 

 

  1. Price and availability of the product

The price of the product, as indicated on the website, can be modified at any time by NV MARTIN VAN CLEVEN.

 

The prices indicated are always inclusive of VAT and exclusive of delivery costs, import duties or any other government costs charged as a result of the sale, use or delivery of the product.  In case an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

 

Product availability is subject to change independently of the will of NV MARTIN VAN CLEVEN.  NV MARTIN VAN CLEVEN makes no guarantees regarding product availability.

In this sense and in case of supply difficulties, or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering substitute products of equal or higher quality or value.  If you do not wish to order these substitute products, we will refund any amount paid.

 

 

  1. Payment

Ordering with NV MARTIN VAN CLEVEN stands for fast, simple and above all safe payment.

Our invoices are payable exclusively net, without discount, at the time the order is fulfilled.

Invoices not paid on the due date shall – by right and without notice of default – bear interest at 8% per annum, even if terms of grace are granted.  In addition, the amount of the unpaid invoices, by way of compensation, shall also by right and without notice of default be increased by 8%.

NV MARTIN VAN CLEVEN works with Payment provider MOLLIE and will redirect you to a secure page of the Provider at the time of payment.

MOLLIE offers various ways to pay electronically: Bancontact, Mistercash, VISA, Mastercard, Ideal, PayPal or by bank transfer.  NV MARTIN VAN CLEVEN does not accept cheques or cash-on-delivery payments.

Credit cards are subject to validity checks and authorisation from the issuing body.  If NV MARTIN VAN CLEVEN does not obtain the necessary payment authorisation, NV MARTIN VAN CLEVEN shall not be responsible for the delay and/or lack of delivery of the products and NV MARTIN VAN CLEVEN shall not be bound to enter into an agreement with you.

As long as the buyer remains in default of payment, NV MARTIN VAN CLEVEN shall not be obliged to proceed with the delivery/shipment.

In case of cancellation of the order after payment by the purchaser, the transaction costs charged by Bancontact, Mistercash, VISA, Mastercard, Ideal or PayPal shall be deducted from the amount to be refunded as well as the transport costs.

 

 

  1. Retention of title

The delivered goods remain the property of NV MARTIN VAN CLEVEN until full payment of the price.  The risk over the delivered goods is at the expense of the customer as from the moment of delivery.

 

 

  1. Delivery

Delivery will take place only upon receipt of payment.

Our delivery times are purely indicative and do not commit us in any way.

The delivery time also depends on the availability of the goods.  If they are not available at the factory, delivery may take longer.

NV MARTIN VAN CLEVEN is committed to delivering all orders within a week for deliveries in Belgium, or within a fortnight for deliveries in the Netherlands and France.

 

The place of delivery shall be the address communicated by the buyer to NV MARTIN VAN CLEVEN.  The buyer is responsible for the accessibility of the place of delivery, so as to enable a smooth delivery.

 

 

  1. Shipment

 

All shipments of goods that are not fragile and/or weigh less than 20 kg are sent by DPD or bpost.

For shipments over 20 kg and for fragile products, these are divided into shipping classes.  Shipping costs are calculated automatically on the basis of your address.  This is done as soon as you enter your address.

 

The buyer can always choose to order and collect the goods him/herself.  These pick-up orders must be requested and confirmed by e-mail to info@martinvancleven.com

 

NV MARTIN VAN CLEVEN cannot be held liable for damage incurred during transport or for any delays in the delivery of products caused by the shipping company.

Any loss, theft or other causes of destruction of delivered goods are always at the customer’s expense.

 

As previously mentioned, the buyer bears all costs of shipping, as well as all additional costs (taxes, import fees, etc.) caused by the shipment.

 

 

  1. Complaints after delivery: deadline for submission and justification

NV MARTIN VAN CLEVEN makes every effort to deliver all products in accordance with the order.

 

Upon receipt of the order, the buyer must immediately inspect the delivered goods.  If a product is not delivered in accordance with the order or does not comply with the description on the website, the buyer must notify NV MARTIN VAN CLEVEN immediately, but at the latest within 8 days after receipt of the order.  Complaints must be addressed in writing, by registered post or by e-mail (info@martinvancleven.com ), to NV MARTIN VAN CLEVEN.

 

As soon as possible, but at the latest within 30 days, NV MARTIN VAN CLEVEN will respond to the complaint.

 

Are not considered a visible or hidden defect: slight differences in colour and/or texture, as well as the discolouration of products.

 

 

  1. Cancellation of the purchase

If the buyer wishes to cancel a purchase, this is only possible on the condition that the purchased product has not yet been shipped and/or delivered, and on the condition that NV MARTIN VAN CLEVEN has been informed of this in writing, by post or by e-mail.

 

If the product has already been shipped and/or delivered, application of article 11 (right of retention) must be made.

 

Transaction fees charged by the Payment Provider are not refundable under any circumstances.

 

 

  1. Right of revocation

Private consumers have fourteen (14) calendar days to return, at their own expense, the Product(s) they have ordered without payment of any fine and without giving any reason.  This period starts on the day after the delivery date of the order.

The Product(s) must be returned in the original packaging and conditioning to the following address: NV MARTIN VAN CLEVEN, NIJVERHEIDSSTRAAT 1, Zone B1, 8650 HOUTHULST (Belgium).

Proof of return from bpost or the Trefpunt must be compulsorily validated.  All information regarding returns are also stated on the back of the delivery notes.

 

 

If the above conditions are met, NV MARTIN VAN CLEVEN undertakes to refund the Buyer, within thirty (30) days after NV MARTIN VAN CLEVEN has received the parcel (the date of receipt by NV MARTIN VAN CLEVEN shall serve as notice to NV MARTIN VAN CLEVEN of the fact that the Buyer has exercised his right to waive the purchase), the amounts paid by the Buyer, with the exception of the shipping and transaction costs charged by the Payment Provider, which shall remain exclusively at the expense of the Buyer.

 

 

Articles paid with ecocheques cannot be refunded.  In the event of a return, the buyer may exchange the item for another item that can be paid for by ecocheque.

 

A gift card from NV MARTIN VAN CLEVEN, once purchased on the website, cannot be the object of a return, or refund, in any form whatsoever.

Products on order that are not in stock cannot be refunded.

 

  1. Guarantee

The receipt of the purchased product covers all visible defects.

However, if a product does not comply with the description on the website, the buyer must notify NV MARTIN VAN CLEVEN immediately, but at the latest within 8 days after receipt of the order.  Complaints must be communicated in writing, by registered mail or by e-mail (info@martinvancleven.com ), to NV MARTIN VAN CLEVEN.

The pictures of the products on the site are indicative and not binding.  Colours of the products delivered may differ from what is shown in the picture and cannot constitute a reason for cancellation of the sale.

The seller provides a guarantee for hidden defects up to 2 years from the date of delivery.

Any lack of conformity arising within the aforementioned terms must, under penalty of inadmissibility, be communicated to NV MARTIN VAN CLEVEN by registered letter within a period of two months from the moment the buyer became aware of the lack of conformity.

 

The following are not considered visible or hidden defects: slight differences in colour and/or texture, as well as discolouration of products, the occurrence of openings and/or open joints, surface variations, delaminations, deformations caused by incorrect climatic conditions or by wear.

 

 

The buyer undertakes to use the products purchased exclusively in accordance with the purposes and indications provided to him in the showrooms and/or on the website.  Tiles which are used outside their normal purpose, or which are not processed or installed in accordance with the relevant standards and rules of art, are by this fact itself excluded from any guarantee.

 

  1. Force majeure

NV MARTIN VAN CLEVEN cannot be held responsible or liable for delays in delivery and/or shipment, nor for the incorrect delivery of products.

 

NV MARTIN VAN CLEVEN may cancel the order in the aforementioned cases, if and on condition that the purchased product has not yet been dispatched and/or delivered, and on condition that NV MARTIN VAN CLEVEN has been notified of this in writing, by post or by e-mail.

 

If the product has already been shipped and/or delivered, application of article 11 (right of retention) must be made.

 

Under no circumstances can NV MARTIN VAN CLEVEN be obliged to buy back or replace products.

 

 

  1. Competent court

For all disputes between the parties, only the courts of commerce in YPRES and/or VEURNE, or the courts of the judicial district of YPRES and/or VEURNE shall be competent.

All disputes arising from the interpretation or application of the agreement shall exclusively be governed by Belgian law.

 

 

  1. Privacy and security

 

The party responsible for processing your personal data is NV MARTIN VAN CLEVEN, with registered office at 8650 Houthulst (Belgium), Nijverheidsstraat 1, Zone B.

 

The information or personal data that the buyer communicates to us will be used and saved exclusively for purposes of customer management, as well as in the contect of our own business operations.

NV MARTIN VAN CLEVEN does not provide any data to third parties that could affect your privacy.

 

In order to enable us to process online orders, we ask the buyer for his/her first name and surname, e-mail address, billing and/or shipping address, telephone number, and further bank card details.

 

When the buyer gives us personal information to complete online orders, NV MARTIN VAN CLEVEN receives this information using a secure Internet server employing the industry standard secure transport protocol known as SSL (Secure Socket Layer).

SSL encrypts any personal information the buyer gives us to ensure that this information is transmitted to NV MARTIN VAN CLEVEN in a private and secure manner.  Once received, all of your personal data will be protected against unauthorised access.

 

 

  1. Use of the website

Consent

By using this website and by placing orders here, the buyer commits to

  • using this site exclusively to make consultations or to place legally valid orders;

 

  • not placing any false or fraudulent orders. If it can reasonably be assumed that such an order has been placed, NV MARTIN VAN CLEVEN shall be entitled to cancel it and to inform the competent authorities thereof;
  • communicating his/her electronic address, postal address and/or other correct and accurate data to NV MARTIN VAN CLEVEN.  The buyer shall also authorise us to use these data to be able to contact him/her if necessary.

 

The buyer will not be able to place an order if (s)he does not communicate all required data to us.

 

By placing an order on this site, the buyer confirms that (s)he is over 18 years of age and thus has the legal capacity to conclude agreements.

 

 

  1. Intellectual property

The buyer acknowledges and accepts that any copyright, any registered trademark and any intellectual property right relating to information or content appearing on this site shall be our property or that of our licensors at all times.  The buyer can only use this information to the extent that (s)he was explicitly authorised to do so in writing by NV MARTIN VAN CLEVEN or our licensors.  This does not prevent the buyer from using this site to the extent necessary to copy information relating to his order or his contact details.

 

 

  1. Links to external websites

If our website contains links to other sites and data of third parties, these links are provided for information purposes only, without NV MARTIN VAN CLEVEN being able to exercise any control over the content or data of these sites.  Consequently, NV MARTIN VAN CLEVEN does not accept any liability whatsoever in case of loss or inconvenience arising from the use of these links.

 

 

  1. Right to amend terms and conditions

NV MARTIN VAN CLEVEN can revise and amend these terms and conditions at any time.

The buyer shall be bound by such revisions and shall therefore be required to review the terms and conditions on a regular basis.

The buyer shall be subject to the terms and conditions applicable at the time of the order, with the exception of those terms and conditions for which the law or the government obliges NV MARTIN VAN CLEVEN to apply them retroactively.

 

 

  1. Copyright

The buyer must read this copyright notice carefully before using this website.  By using this site, the buyer agrees to the terms and conditions contained in this copyright notice.  If the buyer does not agree to the terms and conditions, (s)he will have to leave the site.

 

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