General terms and conditions My Add On BVBA (webshop B2C)

 

On the webshop of My Add On BVBA, https://www.myaddon.be/, you can order products that make the life of a wheelchair or crutch user easier. Like any webshop, a number of conditions apply to our online sales.

 

These conditions assume :

My Add On BVBA (Hereinafter My Add On)
Leo De Béthunelaan 44/1,
9300 Aalst,
BE0676.537.782

info@myaddon.be

+32479/744324

 

Article 1: General provisions

 

These general terms and conditions apply to all offers, products, and/or other agreements with My Add On, to the exclusion of other or contrary terms and conditions unless a contrary agreement is expressly made between the Customer and My Add On.

 

These terms and conditions may be amended by My Add On, updates will be published on the website.

 

The Customer acknowledges and accepts the general terms and conditions and privacy policy of My Add On. This privacy policy can also be found on our website.

 

Article 2: Price

 

All prices stated are expressed in EURO, always including VAT and all other duties or taxes to be borne by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately. You must state here or on your website any additional freight, delivery or postage costs and any other charges the Customer will have to pay. If these charges cannot be calculated in advance, you must state the fact that such additional charges may be due.

The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are for decorative purposes and may contain elements not included in the price.

 

Article 3: Offer

 

A digital offer via any remote channel (website, social media, etc.) is without obligation, while stocks last and indicative. My Add On always has the right to adjust the rates and/or these terms and conditions.

 

As a Customer, when you accept the current offer or register, accept the terms and conditions and then receive confirmation from My Add On, this is binding on you.

 

Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind My Add On. My Add On is only bound by an obligation of means regarding the correctness and completeness of the offered information. My Add On shall under no circumstances be liable in the event of obvious material errors, misprints or printing errors.

If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service department in advance via the contact options on our website.

My Add On cannot be held liable for the unavailability of a product.

 

Article 4: Online purchases

The customer has the choice between the following payment methods:

 

by credit card

by bank card

by bank transfer to account number BE62 0689 0639 0861

via PayPal

via iDeal

My Add On is entitled to refuse an order pursuant to a serious deficiency of the Customer in relation to orders involving the Customer.

 

Article 5: Delivery and performance of the agreement

 

Items ordered via this web shop are delivered free of charge in Belgium by B-post from the amount of €25.00. For deliveries in the rest of Europe (only following countries: LU NL FR DE IT ES SE DK AT FI PL) a surcharge has to be paid equal to the standard shipping cost per weight per country determined by B-post. Deliveries outside Europe are not yet possible.

Any delays caused after delivery to B-post are not My Add On's responsibility. My Add On makes every effort to deliver the order within the specified time, but cannot guarantee this as it works with partners.

Unless otherwise agreed or expressly provided, goods shall be delivered to the Customer's place of residence within a maximum of 30 days from receipt of the order.

 

Any visible damage and/or qualitative deficiency of an item or any other shortcoming in the delivery must be reported by the Customer to My Add On immediately and without delay.

 

The risk due to loss or damage passes to the customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the customer upon delivery to the carrier, if the carrier has been instructed by the customer to transport the goods and this choice had not been offered by My Add On.

 

Article 6: Retention of title

 

The delivered items remain the exclusive property of My Add On until full payment by the customer.

The customer undertakes, if necessary, to inform third parties of My Add On's retention of title, e.g. to anyone who would come to seize items that have not yet been paid for in full.

 

 

 

Article 7: Right of withdrawal

The provisions of this article apply only to Customers who purchase items online from My Add On in their capacity as consumers.

If the right of withdrawal applies:

The Customer has the right to revoke the agreement within a period of 14 calendar days without giving reasons.

The withdrawal period shall expire 14 calendar days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the last good;

To exercise the right of withdrawal, the customer must notify My Add On BVBA, Leo De Béthunelaan 44/1, 9300 Aalst, info@myaddon.be, +32479744324 of his decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post, fax or e-mail). The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

If you offer consumers the option of filling in and sending information about withdrawing from the contract electronically via your website, insert the following text: 'The Customer may also fill in and send the model withdrawal form or any other clearly worded statement electronically via our website www.myaddon.be

If the Customer uses this option, we will send the Customer an acknowledgement of receipt of his withdrawal on a durable medium (e.g. by e-mail) without delay."

Note: If, as a company, you offer the customer the option of electronically filling in and sending the model withdrawal form or other unambiguous statement on your website, you must immediately communicate confirmation of receipt of withdrawal to the consumer on a durable medium.

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to My Add On BVBA, Leo De Béthunelaan 44/1, 9300 Aalst, info@myaddon.be, +32479744324 ; The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

If you offer the customer that you yourself will collect the goods from the Customer; you can state, "We will collect the goods."

The direct costs of returning the goods shall be borne by the customer.

If the returned product is reduced in value in any way, My Add On reserves the right to hold the Customer liable and claim compensation for any reduction in the value of the goods resulting from the Customer's use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only items in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.

In the case of a contract for the provision of services, insert the following text : "If the Customer has requested for the provision of services to begin during the withdrawal period, the Customer shall pay an amount proportionate to what has already been delivered at the time he has notified us that he is withdrawing from the contract, compared to the full performance of the contract."

If the Customer withdraws from the agreement, [Company Name] shall refund all payments received from the Customer up to that point, including standard delivery costs, to the Customer within a maximum of 14 calendar days after My Add On has been informed of the Customer's decision to withdraw from the agreement. For sales contracts, My Add On may wait to reimburse until it has received all the goods back, or until the Customer has proved that he has returned the goods, whichever comes first.

Any additional costs resulting from the Customer's choice of a mode of delivery other than the cheapest standard delivery offered by My Add On will not be refunded.

My Add On shall refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not be charged for such refunds.

 

If the right of withdrawal does not apply, state why based on the following categories:

 

The Customer cannot exercise the right of withdrawal for:

the delivery of goods manufactured to the Customer's specifications, or which are clearly intended for a specific person;

the delivery of sealed goods which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;

the supply of goods which, after delivery, are by their nature irrevocably mixed with other products;

agreements where the customer has specifically requested My Add On to visit it to carry out urgent repairs or maintenance there;

the supply of newspapers, periodicals or magazines, excluding contracts for a subscription to such publications;

the provision of accommodation other than for residential purposes, carriage of goods, car rental services, catering and services relating to leisure activities, where the contracts provide for a specific date or period of performance;

the supply of digital content not supplied on a tangible medium, if performance has begun with the customer's express prior consent and provided the customer has acknowledged that he thereby loses his right of withdrawal (e.g. music downloads, software);

betting and lottery service agreements.

 

Article 8: Warranty

 

Under the Act of 21 September 2004 on consumer protection in the sale of consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact My Add On customer service and return the item to My Add On at the Customer's expense.

If a defect is detected, the Customer must inform My Add On as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its detection. Thereafter, any right to repair or replacement expires.

The guarantee (commercial and/or legal) is never applicable to defects arising as a result of accidents, neglect, falls, use of the item contrary to purpose for which it was designed, non-compliance with the user instructions or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.

 

Article 9: Customer service

My Add On's customer service can be reached at the telephone number +32479/74 43 24, by e-mail at info@myaddon.be or by post at the following address Leo De Béthunelaan 44/1, 9300 Aalst. Any complaints can be addressed to.

 

 

Article 10: Penalties for non-payment

Without prejudice to the exercise of other rights available to My Add On, in the event of non-payment or late payment, the Customer shall automatically and without formal notice be liable to pay interest of 10% per year on the unpaid amount from the date of the default. Furthermore, the Customer shall be liable, ipso jure and without formal notice, to pay a lump-sum compensation of 10% on the amount concerned, with a minimum of €120 per invoice.

Without prejudice to the foregoing, My Add On reserves the right to take back items that have not been paid for (in full).

 

Article 11: Privacy

 

My Add On processes your personal data, among other things, in order to tailor its services and products even better to your needs and to make you similar offers. As a customer, you agree to our privacy policy, which can be found on the website.

If you have additional questions, you can always contact ; info@myaddon.be

Customers are responsible for keeping their login details confidential and using their password. Your password is stored encrypted, My Add On therefore has no access to your password.

 

Article 12: Use of cookies

 

During a visit to the site, 'cookies' may be placed on your computer's hard drive. A cookie is a text file placed by a website's server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine. These cookies are identified through a pop-up via a plug-in. In doing so, you have the choice to disable these cookies.

 

Article 13: Infringement of validity - non-violation

If any provision of these Terms is declared invalid, illegal or null and void, this shall in no way affect the validity, legality and applicability of the other provisions. Such provision shall be replaced by mutual agreement and within a reasonable period of time by another provision that approaches the purpose of the invalid/annulled provision as much as possible and is allowed.

Failure at any time by My Add On to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

 

Article 14: Modification of conditions

These Terms are supplemented by other terms and conditions explicitly referred to, and the general terms and conditions of sale of My Add On. In the event of contradiction, these Terms prevail.

 

Article 15: Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

 

Article 16: Applicable law - Competent court

Belgian law is applicable, with the exception of the provisions of international private law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. Unless the customer is a consumer, the competent courts of the registered office of My Add On shall have sole jurisdiction in any disputes.

 

 

 

 

 

Annex 1: Model withdrawal form

 

Dear Customer, You should only complete and return this form if you wish to withdraw from the contract.

To: My Add On, a BVBA with registered office at Leo De Béthunelaan 44/1, 9300 Aalst, VAT BE0676.537.782:

I/We (*) hereby inform(*) you that I/We (*) revoke(*) our contract regarding the sale of the following goods/provision of the following service (*):

 

Ordered on (*)/Received on (*):

 

Name(s) of consumer(s) :

 

Consumer address(es) :

 

Signature of consumer(s) [only if this form is submitted on paper]:

 

Date :

(*) Delete what does not apply.

Legal guarantee given by the final seller: the consumer good is guaranteed for a period of 2 years from delivery and cannot be limited by the seller

http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pllanguage=nl&la=N&cn=2013022819&table_name=wet&&caller=list&N&fromtab=wet&tri=dd+AS+RANK&rech=1&numero=1&sql=(text+contains+("))#Art.IX.1)

Commercial warranty (or manufacturer's warranty) = non-statutory but parties' agreed warranty given by the final seller or by the manufacturer. It may not limit the consumer's legal guarantee (Art. 1649septies of the Civil Code).