Terms and conditions of use
Identity of the company. XAVIES’; Atlasstraat, 8680 Koekelare, Belgium; Tel +32 472 56 26 44; email@example.com; BE0666 670 013
1.1 These general terms and conditions apply to every offer made by XAVIES' and to every agreement made between XAVIES' and the customer. The conditions are accessible to everyone and included on the Internet site of XAVIES'. A written copy of said conditions can be obtained upon request.
1.2 By placing an order, the customer agrees with the delivery and payment conditions. XAVIES' reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, XAVIES' does not recognize the general or specific conditions, or the stipulations of third parties.
2.1 The offer is without obligation. XAVIES' is entitled to change and adjust its offer.
2.2 The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If images are used, they are a true depiction of the offered products and/or services. XAVIES' cannot guarantee that the depicted colours exactly match the real colours of the products
Obvious errors or mistakes in the offer are not binding for XAVIES'.
3.1 Orders are shipped to Belgium and the Netherlands
3.2 The address that the cusumer has provided to XAVIES' applies as the place of delivery.
3.3 Within the framework of the distance purchase regulations, XAVIES’ will carry out orders at least within 30 days, unless another delivery period has been agreed upon. If the delivery within 30 days, or any other period agreed upon, is delayed (because the order is not in stock or no longer available), or if an order cannot be executed, or only executed in part, then the customer will receive notice thereof within one month of the order date. In that case, the customer is entitled to terminate the agreement free of charge and without a default notice being required.
3.4 The delivery obligation of XAVIES' will be met, subject to proof to the contrary, once the goods delivered by XAVIES' have been presented to the customer. In the case of delivery at a home address, the carrier's receipt, stating acceptance or non-acceptance of the shipment, will form sufficient proof of delivery.
3.5 All terms mentioned on the Internet site are indicative. No rights can be derived from the terms mentioned.
3.6 XAVIES' does not take responsibility for late deliveries or for orders lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the specified time, an investigation will be carried out by the carrier, which can take several days. During this period we cannot proceed with a refund or the sending of another shipment.
3.7 Upon reception of the products, the customer is advised to check whether they are in accordance with the order. Should this not be the case, XAVIES' must be informed of any defects within 24 hours. XAVIES' always tries to find a good solution for every possible problem with the delivery of their orders.
4.1 All prices on the site are in euros and include 21% VAT.
4.2 Prices will not be increased within the duration of the offer, unless legal measures require this or if the manufacturer implements interim price increases.
4.3 All prices indicated in the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. XAVIES' will not be liable to deliver products at erroneous prices in case of printing and typographical errors. 5.1 Payment must always occur before the shipment of the goods.
5.2 The sale is final only when XAVIES' has received payment of the full amount, including VAT, within 10 days, by bank transfer on our bank account BE96 6528 3835 3605, with indication of the order number.
5.3 If the package is picked up on location, payment can be made in advance by bank transfer or cash on collection. A date for collection must always be arranged via e-mail.
Visibility period / right of withdrawal
6.1 When purchasing products, the customer has the right to terminate the contract without further notification within a period of 14 days. This period starts on the day after the customer receives the product.
6.2 When the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the company within 14 days after receipt of the product. After the customer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of mail delivery.
6.3 During the 14-day period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. Goods must be returned in their original packaging. If the goods have been used by the customer, encumbered or damaged in any way, XAVIES' reserves the right to calculate loss of value. With due observance of what has been stipulated in the previous sentence, XAVIES' will reimburse the customer within 14 days after receiving the return shipment. Upon returning the entire purchase, the full purchase price including possible shipping and/or payment costs will be refunded to the customer. When returning only part of the received purchases, only the purchase value of the returned items will be refunded. Additional costs ensuing from shipping methods other than the cheapest standard delivery will not be refunded.
6.4 If the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the company before the aforementioned periods have expired, the purchase is a fact.
6.5 The return of delivered goods is entirely at the expense and risk of the customer.
7.2 XAVIES' respects the privacy of the users of the Internet site and ensures confidentiality of personal data.
7.3 XAVIES' makes occasional use of a mailing list. Each mailing includes instructions for customers on how to remove themselves from this list
8.1 Offers are without obligation, unless stated otherwise in the offer.
8.2 Verbal agreements bind XAVIES' insofar as they have been expressly confirmed in writing.
8.3 Offers made by XAVIES' do not automatically apply to repeat orders.
8.4 XAVIES' cannot be held to its offer if the customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or error.
8.5 Additions, changes and/or further agreements are only valid if agreed upon in writing.
9.1 An agreement between XAVIES' and the customer is established after XAVIES' has assessed the feasibility of the customer's order.
9.2 XAVIES' reserves the right to refuse orders or assignments without further notification or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
10.1 XAVIES' is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure is understood as any external cause, as well as any circumstance, that takes place beyond the reasonable control of XAVIES'. Delay or default by our suppliers, electrical power surges, disruptions or failure in the Internet, e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays of supply, negligence of suppliers and/or manufacturers as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, XAVIES' reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to claim that the content of the agreement is modified so that implementation remains possible. Under no circumstances will XAVIES' be liable to pay any penalty or compensation.
10.4 If XAVIES' has already partly fulfilled its obligations at the onset of the force majeure, or can only partially meet its obligations, it is entitled to invoice the delivered/deliverable part separately; the customer shall be liable to pay this invoice as if it concerned a separate contract.
11.1 XAVIES' is not liable for damage to third parties / illness of the customer as a result of incorrect storage.
11.2 XAVIES' is not liable for damage to third parties due to the use of the products after expiry of the best-before date.
11.3 XAVIES' cannot be held liable for damages resulting from allergic reactions to certain components of our products. The customer is considered sufficiently informed by the listing on the label of the allergens present in our products.
Applicable law/competent court
12.1 Only Belgian law applies to all offers and agreements. All disputes related to, or arising from, offers made by, or agreements concluded with, XAVIES', are submitted to the competent court of the judicial district of Kortrijk, unless an imperative legal provision explicitly designates another court as competent.