FABLAB FACTORY BVBA
FabLab Factory (trade name)
+32 485 933091
RPR DENDERMONDE, BELGIUM
Article 1: General provisions
The e-commerce website of FabLab Factory, a BVBA with registered office at CAPUCIENENLAAN 88, 9300 AALST, BELGIUM, VAT BE0700541423, RPR DENDERMONDE, BELGIUM (hereinafter “FabLab Factory”) offers its customers the opportunity to offer the products from its web shop online. to buy.
These General Terms and Conditions (“Terms”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the FabLab Factory web shop, the Customer must explicitly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by FabLab Factory.
Article 2: Price
All stated prices are expressed in EURO, always excluding VAT and all other duties or taxes that are obligatory to be borne by the Customer. [If the price cannot be calculated in advance, indicate the way the price should be calculated].
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 charges and any other charges that the Customer will be required to pay. If these charges cannot be calculated in advance, please disclose the fact that such additional charges may be payable]. The price of our licenses and maintenance contracts increase with 2% every year.
The indication of price only refers to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding for FabLab Factory. FabLab Factory is only bound by an obligation of means for the accuracy and completeness of the information provided. FabLab Factory is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer can be adjusted or withdrawn by FabLab Factory at any time. FabLab Factory cannot be held liable for the unavailability of a product. The offer has a limited period of validity of 30 days. If an offer has an unlimited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Payment is made on one of the payment methods as indicated during the ordering process.
The payment term within which an order must be paid is 30 days after delivery or sending of the invoice.
Unless otherwise agreed in writing, the shipment will be made after payment has been received. A waiting period of 1 to 3 working days must be taken into account if you choose to pay by bank transfer.
Barring a protest by registered letter within 7 working days after receipt of the invoice, it is deemed to have been accepted by the customer.
FabLab Factory is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Delivery takes place while stocks last.
Within the framework of the rules of distance selling, FABLAB FACTORY BVBA will execute orders at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
The delivery obligation of FABLAB FACTORY BVBA will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by FABLAB FACTORY BVBA have been offered to the customer once. For home delivery, the carrier’s report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Any visible damage and / or qualitative shortcoming of an article or other shortcoming in delivery must be reported immediately by the Customer to FabLab Factory.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, as we deliver the goods Ex Works.
Article 6: Retention of title
The delivered items remain the exclusive property of FabLab Factory until full payment has been made by the Customer.
The Customer undertakes, if necessary, to inform third parties of the retention of title of FabLab Fctory, for example to anyone who would seize the articles not yet fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from FabLab Factory.
The Customer has the right to withdraw from the agreement within 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.
To exercise the right of withdrawal, the Customer must notify FABLAB FACTORY BVBA, CAPUCIENENLAAN 88, 9300 AALST, BELGIUM – +32 485 933091 firstname.lastname@example.org by means of an unambiguous statement (e.g. in writing by post or e-mail) of his decision to withdraw from the contract.
In order to meet the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to FABLAB FACTORY BVBA, CAPUCIENENLAAN 88, 9300 AALST, BELGIUM immediately, but in any case no later than 14 calendar days after the day on which he has communicated his decision to withdraw from the agreement to FABLAB FACTORY BVBA. . The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods will be borne by the Customer. If the returned product is in any way in value, FabLab Factory reserves the right to hold the customer liable and claim damages for any depreciation of the goods resulting from the customer’s use of the goods goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the customer has requested to start the provision of services during the withdrawal period, the customer will pay an amount proportional to the time he has notified us that he has withdrawn from the contract has been delivered, against full performance of the agreement.
If the Customer cancels the agreement, FABLAB FACTORY BVBA will refund all payments received up to that time, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after FABLAB FACTORY BVBA has been informed of the decision of the Customer to to cancel the contract. In the case of sales agreements, FABLAB FACTORY BVBA can wait with the refund until it has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever occurs first.
Any additional costs resulting from the Customer’s choice for a different method of delivery than the standard delivery offered by FABLAB FACTORY BVBA will not be refunded. FABLAB FACTORY BVBA reimburses the Customer with the same payment method with which the Customer carried out the original transaction, unless the Customer has explicitly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
• service contracts after full performance of the service.
• the delivery or provision of goods or services whose price is dependent on fluctuations in the financial market over which FabLab Factory has no influence and which may occur within the withdrawal period.
• the delivery of goods manufactured according to the Customer’s specifications, or that are clearly intended for a specific person.
• the delivery of goods that spoil quickly or with a limited shelf life.
• the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
• the delivery of goods which, by their nature, are irrevocably mixed with other products after delivery.
• the supply of alcoholic drinks, the price of which has been agreed upon at the conclusion of the sales agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence.
• agreements in which the Customer has specifically requested FabLab Factory to visit him to carry out urgent repairs or maintenance there.
• the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery.
• the supply of newspapers, magazines or magazines, with the exception of contracts for a subscription to such publications.
• agreements concluded during a public auction.
• the provision of accommodation other than for residential purposes, goods transport, car rental services, catering and leisure-related services, if a specific date or period of performance is provided for in the agreements.
• the delivery of digital content that is not delivered on a tangible medium, if the performance has started with the explicit prior consent of the Customer and if the Customer has acknowledged that he thereby loses his right of withdrawal (eg downloading music, software).
Article 8: Warranty
Pursuant to the law of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the warranty, the Customer must be able to present 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 FabLab Factory customer service and return the item to FabLab Factory at his expense.
When a defect is found, the Customer must inform FabLab Factory as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been established. Afterwards, any right to repair or replacement lapses. The (commercial and / or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes 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 necessary delivery, are considered not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer service
FabLab Factory customer service can be reached on telephone number +32 479 445858, by e-mail at email@example.com or by post at the following address FABLAB FACTORY BVBA, CAPUCIENENLAAN 88, 9300 AALST, BELGIUM. Any complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that FabLab Factory has, in the event of non-payment or late payment from the date of the breach of contract, the Customer is ipso jure and without notice an interest of 15% per month on the unpaid amount. In addition, the Customer is legally obliged to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, FabLab Factory reserves the right to take back items that have not been paid (in full).
Article 11: Privacy
The controller, FABLAB FACTORY BVBA, respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes: specify the purpose for which the data are processed, such as the execution of the concluded agreement, the processing of the order, sending newsletters, advertising and / or marketing purposes.
You have a legal right to inspect and, if necessary, correct your personal data. Provided proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to FABLAB FACTORY BVBA, CAPUCIENENLAAN 88, 9300 AALST. If necessary, you can also ask to correct the data that is incorrect, incomplete or not relevant.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. For this you can always contact FABLAB FACTORY BVBA, CAPUCIENENLAAN 88, 9300 AALST.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for keeping his login details confidential and for the use of his password. Your password is stored encrypted, so FabLab Factory has no access to your password.
FabLab Factory keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org.
During a visit to the site, ‘cookies’ can be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you visit a website. Cookies cannot be used to identify persons, a cookie can only identify a machine.
We use both “First-party cookies” and “Third party cookies”.
“First party cookies” are technical cookies that are used by the visited site itself and that aim to make the site function optimally. For example: settings that the user has made during previous visits to the site, or even: a pre-filled form with data that the user has done during previous visits.
“Third Party cookies” are cookies that do not come from the website itself, but from third parties, eg an existing marketing or advertising plug-in. Eg. cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission – this can be done via a bar at the bottom or the top of the website, with reference to this policy, which does not prevent further surfing on the website.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
Article 13: Infringement of validity – non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by FabLab Factory to enforce or exercise any of the rights listed in these Terms and Conditions will never be considered a waiver of such provision and will never affect the validity of these rights.
Article 14: Change of conditions
These Conditions are supplemented by other conditions to which explicit reference is made, and the general sales conditions of FabLab Factory. In the event of a conflict, these Terms and Conditions will prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law – Disputes
Belgian law is applicable, with the exception of the provisions of private international law with regard to the applicable law and with the exception of the Vienna Convention on the international sale of goods. Unless the customer is a consumer, only the courts of the district of Ghent (Belgium) have jurisdiction in case of disputes.