Terms & Conditions

This page contains our general terms and conditions (hereinafter “General Terms and Conditions”) under which the products offered for sale on our webshop www.rubiomonocoat.be (hereinafter “Products”) are offered and delivered to you. Please read these Terms and Conditions carefully before ordering our Products online. By completing the online ordering process you will be bound by it.

  1. Seller Identity – Customer Capacity

1.1. The Products are sold to you by [Muylle-Facon BV,], a private company under Belgian law, with registered office at [Ambachtenstraat 58,
8870 Izegem], registered in the KBO under number [0607.980.657] (hereinafter “Seller” ).

1.2. Any natural person who places an order through the Seller’s webshop outside his business activity is referred to in these General Terms and Conditions as the “Customer”.

  1. Applicability

These General Terms and Conditions apply to all offers from the Seller, all orders from the Customer, as well as to all agreements between the Seller and the Customer related to the purchase of Products through our webshop (hereinafter “Sales Agreement(s)”). Unless expressly agreed otherwise in writing, the applicability of other conditions is explicitly excluded.

  1. Ordering process & Conclusion of Sales Agreement

3.1. The Sales Agreement is concluded as soon as we, as the Seller, have accepted your order via the webshop by sending you an order confirmation by e-mail containing the details of the Product(s) ordered and a copy of these General Terms and Conditions.

3.2. As a Seller, we reserve the right to refuse any order placed (i) in the event of prolonged unavailability of the Product of which the Customer will be notified and will be refunded the price already paid, and (ii) if a previously placed order was or is the subject of a dispute with the Customer.

  1. Prices

4.1. The prices of the Products are those stated in the webshop at the time of placing the order. If a material error has occurred in the price indication, the Seller will not be bound by it. In that case, the Seller will inform the Buyer that an ordered Product is/was not correctly priced in the webshop as soon as he becomes aware of this error, after which the Buyer will have 14 calendar days to cancel the Sales Agreement.

4.2. All prices include VAT at the applicable rate in the Customer’s country of residence. All prices are [including/excluding] delivery costs. Before the order is actually placed, the total price, including all taxes and costs, will be clearly stated to the Customer.

  1. Payment terms

5.1. As a Customer, you must pay for the Products in advance at the time of placing your order. Payment can be made via the following payment methods: Bancontact, Mastercard, Visa, Paypal, Maestro. The Customer guarantees that he is legally entitled to make online payments via one of these payment methods and that the bank account/Pay-Pal account has sufficient funds to pay the total price.

 

  1. Delivery

6.1. Products will only be shipped to addresses located in [Belgium and the Netherlands/a member state of the European Union].

As a Seller, we undertake to deliver the Products to you within a period of [30] calendar days after receipt of payment, unless a different delivery date has been expressly agreed at the time of concluding the Sales Agreement. If we are unable to deliver the Products within the delivery timeframe, you will be notified in writing and given a new reasonable delivery date. If this new delivery period is exceeded again, you have the right to cancel the order.

6.2. As a Seller, we reserve the right to make partial deliveries of ordered Products in the event of temporary unavailability or delay in delivery. As a Customer, you will be informed if a partial delivery is made.

If delivery is delayed because you as the Customer unreasonably refuse to accept the Products or have not collected them within a reasonable period, we as the Seller have the right to terminate the Sales Agreement and no longer make the Products available. for delivery or collection. In that case, the price already paid by you will be refunded, minus a compensation equal to 20% due to the administration and follow-up costs incurred by us.

6.3. The order will be delivered to you at the address provided during the ordering process. Upon delivery/collection, you must check the packaging for any damage. As a Customer, you further undertake to inspect the Products at the time of delivery for visible defects/damage and qualitative shortcomings. All complaints regarding visible defects, damage and/or non-conforming deliveries must be communicated in writing by the Customer, accompanied by a clear photo, no later than two (2) days after delivery/collection of the Product(s). of the damaged packaging/visible defects. Complaints about non-conformity or visible defects that are not notified within the above period will not be handled by the Seller.

All risks of damage or loss of the Products pass to the Customer at the time the Products are delivered/collected.

  1. Cancellation

As a Customer, you have the right to cancel the order without giving a reason and free of charge before the Products have been shipped by Rubio Monocoat. After cancellation you will receive confirmation and the price you have already paid will be refunded.

However, after receiving a shipping confirmation, it is no longer possible to cancel the order. You can still choose to return the Product(s) after delivery in accordance with the withdrawal procedure described below.

  1. Right of withdrawal

8.1. As a Customer, you have a legal right to withdraw from the Sales Agreement within 14 days without giving a reason. As a Customer, you must inform the Seller of any such decision to revoke the Sales Agreement by (i) sending an email to info@rubiosa.co.za  clearly indicating that the Sales Agreement is being revoked / using the online return form, or (ii) by completing the model withdrawal form.

8.2. The withdrawal period expires 14 days after the day on which the Customer or the recipient specified by the Customer has received the Products. If the delivery concerns multiple Products that are delivered on separate days, the period starts after the Customer has received the last ordered Product. It is sufficient that the Customer sends his communication regarding the exercise of the right of withdrawal before the withdrawal period of 14 days has expired.

8.3. The Customer shall return the Products without undue delay and in any case no later than 14 days after the day on which we as the Seller were informed of the invocation of the right of withdrawal. All costs for returning the Products will be paid by the buyer.

8.4. The Seller will refund the amounts already paid by the Customer for the Products, including delivery costs, but excluding additional costs resulting from the Customer’s choice of a different type of delivery than the standard delivery method ( e.g. express delivery). If the Customer does not return the entire order, only the price of the returned Products will be refunded without reimbursement of delivery costs. The refund will be made within a reasonable period after the Seller’s receipt of the returned Products and in any case no later than 14 days after the day on which the Seller was informed of the withdrawal decision. The refund can be postponed until the Seller has actually received the returned Products or the Customer has demonstrated that the Products have been returned. The refund will be made via the same payment method as the Customer used to pay, unless the Customer agrees to another refund method. The Seller may reduce the refund to take into account any reduction in value of the Products resulting from their use in a manner that would not be permitted when inspecting and inspecting the Products in a physical store: if you purchase a Product so you have used more than necessary to test and assess whether you wish to keep it or if the original packaging is damaged or thrown away, you are liable for the depreciation.

  1. Warranty

9.1. As a Customer you are entitled to a legal warranty of 2 years. The legal warranty covers any defect or lack of conformity of a Product that manifests itself within a period of 2 years from the date of its delivery. As a Customer, you must inform us of the defective Products within a reasonable period after you become aware of the defect or should reasonably have been aware of it. To invoke the warranty, you must also provide us with proof of purchase.

9.2. If a defect occurs within the legal warranty period of 2 years, you as a Customer must follow the same procedure as described above under the ‘Right of withdrawal’. Once you have returned the defective Product to us and we have received it, a new Product will be sent and delivered to you if it is still in stock/available (from our supplier(s)) and we will bear all costs associated with the exchange, or the Product delivered to you will be repaired. Should the replacement or repair not be possible within a reasonable period of time, you as the Customer will be entitled to terminate our Sales Agreement and the price already paid by you will be refunded in accordance with the refund conditions stated above.

The warranty does not apply if the delivered Products have been exposed to abnormal conditions or have otherwise been used incorrectly or abnormally or have been treated contrary to the supplied manual or the instructions on the packaging.

  1. Contact details – Complaints procedure

10.1. If you as a Customer have any questions, require more information or have complaints regarding your purchase, you can contact [our customer service] on +32 (0) 51 335 335. Customer service can also be contacted by letter addressed to [MUYLLE-FACON BV, Ambachtenstraat 58, 8870 Izegem]. As a Seller, we will do everything we can to provide the Customer with an answer within 2 working days of contact.

10.2. If you as a Customer are not satisfied with the way your complaint is being handled, you can contact the Consumer Ombudsman Service (https://consumentenombudsdienst.be/nl). You also have the option to file a complaint with the online dispute resolution platform provided by the European Union: http://ec.europa.eu/odr.

  1. Use of personal data

The Seller processes the Customer’s personal data exclusively in accordance with the Privacy Policy that can be consulted on the website.

  1. Liability

12.1. The Products in the webshop are described and depicted as accurately as possible. The Seller cannot be held responsible for any errors that may occur when posting the photos and accompanying texts presenting and describing the Products.

12.2. The Seller shall not be liable for any losses, costs or damages arising from late Product delivery in the event that Product stock is exhausted. Without prejudice to the rights and remedies granted to the Customer by applicable law and/or these General Terms and Conditions, our liability for direct damages will be limited to the value of the Products ordered, except in the event of fraud or intentional error. The Seller is under no circumstances liable to the Customer for any indirect damage.

  1. Transfer

As a Seller, we have the right to transfer our rights and obligations under our Sales Agreement(s) to a supplier (e.g. for the delivery of the Product(s), but this will not affect the rights and obligations under these Terms and Conditions.

  1. Force majeure

The Seller is not liable or responsible for the non-execution or delay in the execution of its obligations if this is due to force majeure. In the event of force majeure, the Customer will be notified by the Seller and both will have the option to terminate the Sale without entitling the Buyer to payment of damages.

  1. Divisibility

Should any of these conditions be declared void or unenforceable in whole or in part, this invalidity will not affect (the valid part and) the other conditions, which will remain in force, binding and enforceable.

  1. Modification

The Seller can change these General Terms and Conditions at any time. The version of the General Terms and Conditions in force at the time of placing the order will apply to our Sales Agreement.

  1. Applicable Law

These General Terms and Conditions are subject to Belgian law. This means that all disputes arising from the Sales Agreement will be settled in accordance with Belgian law.

 

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