GENERAL TERMS AND CONDITIONS OF SALE WEBSHOP VALIENTE® AND VALIENTEA® - B2C
1. Application general terms and conditions of sale Webshop B2C
Through its website and webshop (the “Webshop“), PLASTIGI NV, better known by its commercial names Valiente® and Valientea®, offers an online platform for the sale of its Products (as defined below).
These general terms and conditions of sale (the “Terms and Conditions“) apply to all purchase agreements concerning the purchase of the Products (the “Contract”), between you (the “Customer“) and PLASTIGI NV, with registered office at 2200 HERENTALS, Lenskensdijk 3 and with company number 0406.043.681 (“PLASTIGI“).
For the purposes of these Terms and Conditions, “Customer” shall mean any natural person acting for purposes which are outside his or her trade, business, craft or profession (in particular, a consumer (“consument”) within the meaning of Article I.1.,2° of the Belgian Code of Economic Law (“Wetboek van economisch recht”).
By ordering Products through the Webshop, the Customer agrees to the following Terms and Conditions and undertakes to comply with them.
These Terms and Conditions shall apply exclusively to the Contract, except for express prior written deviation to that effect by PLASTIGI, in which case the other provisions of these Terms and Conditions shall continue to apply in full.The Terms and Conditions are always available and consultable via the Webshop. The customer has the option to save and print these Terms and Conditions. The Terms and Conditions are also sent with the order confirmation.
PLASTIGI reserves the right to modify and/or supplement these Terms and Conditions at any time. The amended Terms and Conditions will be communicated to the Customer by e-mail. Orders already placed and Contracts resulting therefrom shall always remain subject to the Terms and Conditions applicable at the time of the order.
2. Offers and Products
The products offered by PLASTIGI (the “Products“) are those sold through the Webshop at the time the Customer places his/her order.
The information PLASTIGI posts about the characteristics of the Products in the Webshop, including technical descriptions and photographs, is for illustrative purposes only. Although all Products are described as faithfully as possible, it is nevertheless possible that minor deviations occur, that mistakes are made or that the information offered is incomplete, contains material errors or is not up-to-date. Inaccuracies or substantial errors in the offer do not bind PLASTIGI and PLASTIGI cannot be held liable for them.
The offer is valid while supplies last and may be changed or withdrawn at any time. PLASTIGI cannot be held liable for the unavailability of any Product.
PLASTIGI reserves the right to apply specific conditions to a particular offer, such as, for example, a limited period of validity. If an offer has a limited period of validity or is made under other conditions, this will be expressly stated in the offer.
3. Ordering through the Webshop
If the Customer wishes to purchase a Product from PLASTIGI’s Webshop, he must place an order for it through the online order method and follow the steps as indicated in the Webshop.
It is the Customer’s responsibility to enter the correct data when placing the order. The Customer shall inform PLASTIGI of any change in these details. If the Customer provides incorrect data, this may result in additional costs. The Customer cannot recover these additional costs from PLASTIGI.
When the order is placed, the total amount owed by the Customer is clearly indicated. Products can only be paid for online and must always be paid for at the time of ordering. After payment, the order becomes final and can no longer be changed or cancelled by the Customer.
After placing the order and after the aforementioned payment has been accepted by the system, an order confirmation will be sent to the Customer via e-mail with an overview of the ordered Products.
PLASTIGI reserves the right to refuse or cancel orders in the event of stock exhaustion or if an item is no longer available, as well as in cases of Force Majeure. PLASTIGI is also entitled to refuse or cancel an order if the Customer has significantly defaulted on prior orders..
In the event that, after the Customer has placed an order and the Contract has been concluded, it appears that one or more Products included in the order are unavailable, PLASTIGI will inform the Customer via e-mail or in writing that the order will be cancelled in whole or in part, or split up. If necessary, PLASTIGI may propose a substitute Product to the Customer.
If PLASTIGI cancels an order and the Customer does not agree to the proposed alternatives, the Contract shall terminate by operation of law. PLASTIGI cannot be held responsible for this, nor for any damages that may result. Where applicable, the Customer shall not be entitled to any form of compensation.
In case the Customer has already paid for the Products, PLASTIGI will refund the paid amount. The Customer will be notified of this via email. PLASTIGI will carry out the refund as soon as possible and at the latest within 14 days after the cancellation of the order.
4. Price and payment
Unless expressly stated otherwise at the time of entering into the Contract, the price for the Products purchased by the Customer from PLASTIGI is immediately due and payable.
The prices are those listed in the Webshop at the time the Customer places the order. PLASTIGI is entitled to adjust its prices stated in the Webshop from time to time. Obvious or material errors in the quotation do not bind PLASTIGI and may be corrected by PLASTIGI even after the conclusion of the Contract.
Prices are expressed in euros and include VAT and other taxes. The costs of delivery, transport and shipping and other possible additional costs (such as, for example, administrative costs) are not included. These costs are charged separately and are in addition to the price.
These additional costs will be indicated explicitly and at the latest in the last step of the online ordering process.
If, after placing the order, the Product purchased by the Customer is sold at a discount, the Customer is not entitled to payment of the price difference.
The following payment methods are currently supported by PLASTIGI:
- Bancontact
- iDeal
- PayPal
- KBC Payment Button
- Belfiusnet
- Credit Card
PLASTIGI is not to be held accountable for any damages incurred by the Customer, resulting from the processing of online payments.
PLASTIGI reserves the right to postpone any delivery until it has fully received all outstanding payments from the Customer.
5. Retention of title
All Products remain the full property of PLASTIGI until the full performance of all the Customer’s obligations.
As long as the Customer is in possession of any items subject to retention of title, the Customer shall be obliged to surrender the items back to PLASTIGI upon first request and without judicial intervention.
In addition, the Customer is bound to keep the Products separate and mark them as the property of PLASTIGI until the full payment for the Products has been made by the Customer and received by PLASTIGI.
The Customer undertakes to notify PLASTIGI immediately if third parties assert rights over the Products subject to retention of title.
Until the ownership of the Products is transferred to the Customer, the Products may not be pledged by the Customer or transferred to third parties as security, nor may the Products be sold, disposed of or encumbered in any way.
The Customer undertakes to notify PLASTIGI immediately if third parties assert rights over the Products subject to retention of title.
PLASTIGI shall be entitled to take back the Products subject to retention of title in the event of inadequate performance of the obligations incumbent upon the Customer, as well as in the event that the Customer has filed for judicial reorganization or bankruptcy or has been declared bankrupt. The Customer also undertakes to notify PLASTIGI should any of the aforementioned situations threaten to occur in the near future. If necessary, PLASTIGI reserves the right to suspend subsequent deliveries of Products.
6. Delivery
Every order is processed promptly and with the utmost care. Any delivery times indicated are average processing and delivery times and are indicative only. The chosen delivery option may affect the delivery period. PLASTIGI nevertheless reserves the right to determine the most appropriate delivery method for each order.
The delivery period only starts from the moment of receipt of the order confirmation by the Customer. In case of a different delivery period, this will always be communicated to the Customer within a reasonable period and at the latest within 8 working days after sending the order confirmation. In any case, the deadline for delivery is within 30 days of placing the order.
In the absence of delivery within the 30 days after the order is placed, the Customer may cancel the order without owing any additional costs, unless the Customer has expressly agreed to a longer period. If the Contract is thus terminated, PLASTIGI will refund all amounts paid to the Customer as soon as possible and at the latest within 14 days after termination of the Contract. Exceeding the delivery period shall not give rise to any (other) compensation.
The delivery of the Products is made by an external transport company. Once the order leaves PLASTIGI, the Customer will receive an email with the shipping confirmation.
If an offered delivery is unsuccessful due to a shortcoming by the Customer or the third party designated by the Customer, the cost of new delivery attempts shall be borne by the Customer.
PLASTIGI shall bear the risk of loss or damage to the Products up to the time of delivery. The risk of the Products passes to the Customer when the Customer or a third party designated by the Customer takes delivery of the ordered Products. The Customer may be asked to sign a receipt, but lack of signature does not affect the transfer of risk.
7. Complaints and warranty
Upon delivery of the Products, the Customer is obliged to immediately examine the Products carefully for visible defects and damage. If the Products are affected by a visible defect upon delivery, the Customer may file a complaint in this regard. The Customer must notify this complaint in writing immediately and in any event within a period of 2 months after delivery under penalty of forfeiture, by registered letter to the address: PLASTIGI NV, Lenskensdijk 3, 2200 HERENTALS or by e-mail to info@valiente.be.
The Customer is also entitled to a warranty for two years from the date of delivery for hidden defects already existing at the time of delivery of the Products. Complaints relating to hidden defects must also, under penalty of cancellation, be reported in writing immediately and in any event within a period of two months after the hidden defect has been established, by registered letter to the address: PLASTIGI NV, Lenskensdijk 3, 2200 HERENTALS or by e- mail to info@valiente.be.
Once the aforementioned time periods have elapsed, the Customer is deemed to have fully accepted the delivered Product. Complaints outside of the aforementioned periods will no longer be considered by PLASTIGI.
Minor deviations in models, colors, sizes or finish can never qualify as grounds for full or partial termination of the Contract, nor can they be considered grounds for a complaint.
Complaints or returns do not release the Customer from his payment obligation to PLASTIGI.
The defective Products must be returned to PLASTIGI in their original condition. The return must be made no later than 14 days after the notification of the complaint.
The warranty does not apply to damage caused by normal wear and tear, inadvertent or intentional changes inflicted by the Customer on the Products, including injudicious and misuse, mishandling, neglect, failure to comply with operating instructions or manual, poor maintenance and exposure to moisture, fire, earthquake and other external causes.
If PLASTIGI accepts the complaint, the Customer is firstly entitled to a free repair or replacement, as the situation allows. If the cost of repair is disproportionate, PLASTIGI reserves the right to replace or exchange the Product with a similar Product. PLASTIGI is only obliged to refund if the repair or replacement no longer provides the Customer with the same benefit. The resulting amount, if any, can never exceed the amount as invoiced to the Customer.
Returns of the Products are accepted only upon written notification by the Customer as shown above and written approval to return by PLASTIGI (always subject to all reservations). Costs of return shall always be borne by the Customer, unless otherwise agreed in writing. Product returns without prior approval of the complaint by PLASTIGI are always undertaken at the Customer’s own risk and expense.
If the Products were returned in error because the above conditions were not met, PLASTIGI will reship them to the Customer. The cost and risk of this return shall be borne by the Customer.
The delivery period only starts from the moment of receipt of the order confirmation by the Customer. In case of a different delivery period, this will always be communicated to the Customer within a reasonable period and at the latest within 8 working days after sending the order confirmation. In any case, the deadline for delivery is within 30 days of placing the order.
In the absence of delivery within the 30 days after the order is placed, the Customer may cancel the order without owing any additional costs, unless the Customer has expressly agreed to a longer period. If the Contract is thus terminated, PLASTIGI will refund all amounts paid to the Customer as soon as possible and at the latest within 14 days after termination of the Contract. Exceeding the delivery period shall not give rise to any (other) compensation.
The delivery of the Products is made by an external transport company. Once the order leaves PLASTIGI, the Customer will receive an email with the shipping confirmation.
If an offered delivery is unsuccessful due to a shortcoming by the Customer or the third party designated by the Customer, the cost of new delivery attempts shall be borne by the Customer.
PLASTIGI shall bear the risk of loss or damage to the Products up to the time of delivery. The risk of the Products passes to the Customer when the Customer or a third party designated by the Customer takes delivery of the ordered Products. The Customer may be asked to sign a receipt, but lack of signature does not affect the transfer of risk.
8. Right of Withdrawal
The Customer has the right to revoke a purchase within a period of 14 days without giving reasons. The withdrawal period expires within 14 days of receipt of the Products.
To exercise the right of withdrawal, the Customer must inform PLASTIGI of the decision to withdraw from the purchase by an unequivocal statement (e.g. registered mail or e-mail). If the Customer exercises this option, PLASTIGI will send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail) without delay.
To comply with the withdrawal period as a Customer, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If the Customer revokes the purchase, the Customer shall receive back from PLASTIGI all payments made up to that point, including delivery costs (except for any additional costs resulting from the choice of a mode of delivery other than the cheapest standard delivery) without delay and in any event no later than 14 days after PLASTIGI has been notified of the decision to revoke the purchase. PLASTIGI will refund using the same means of payment with which the original transaction was made, unless otherwise expressly agreed. In any case, no fees will be charged for such refunds. PLASTIGI may wait to refund until it has received the Products back, or the Customer has demonstrated that he/she has returned the Products, whichever comes first.
The Customer must return or hand over the Products without delay, but in any event no later than 14 days from the day on which the decision to withdraw the purchase was communicated to PLASTIGI. The Customer is on time if he/she returns the Products before the period of 14 days has expired. The direct costs of returning or handing over the Products shall be borne by the Customer.
The Product must be returned in the same condition in which it was delivered. The right of withdrawal does not apply to personalized Products, manufactured or packaged according to the Customer’s specifications or clearly intended for a specific person. The right of withdrawal also does not apply to Products whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond PLASTIGI’s control. The Customer may not exercise the right of withdrawal with respect to Products included in article VI.53 of the Belgian Code of Economic Law (“Wetboek van economisch recht”).
The Customer shall be liable for any diminution in the value of the Products resulting from the use of the Products beyond what is necessary to establish the nature, characteristics and operation of the Products.
9. Force Majeure
For purposes of these Terms and Conditions, “Force Majeure” shall mean unforeseeable circumstances, including those of an economic nature, which are beyond the fault or control of a party, including, but not limited to, any delay or failure to perform its obligations under the Contract to the extent such delay or failure to perform would result from circumstances beyond a party’s reasonable control, including but not limited to natural disasters, act of government, wars, hostilities, attacks, strike, lockout or other labor dispute, sabotage, illness, health crisis, epidemic or pandemic, lockdown, travel ban, explosion, fire or flood, inaccessibility of the place where the work is to be performed, cyber-attacks, unavailability of web hosts, interruptions of the electricity network (including blackouts) and/or of the telecommunications network, delays in transportation or delayed or faulty delivery of items or materials, such as energy, raw materials or parts by third parties or the unforeseen scarcity or unavailability of fuel, power, raw materials, supplies or means of transportation or inability or delay in obtaining necessary government approvals, permits and licenses, etc.
The parties shall not be liable for failures to comply with the Contract resulting from Force Majeure.
If a case of Force Majeure occurs, PLASTIGI shall immediately, and at the latest within 8 calendar days of becoming aware of it, inform the Customer by registered letter of the cause of the Force Majeure situation and its expected duration. In this case, the contractual obligations shall be suspended for the duration of the Force Majeure.
If the Force Majeure continues for more than 6 months, the Contract may be rescinded by either party, without either party being able to claim damages on that account.
10. Contingencies
If, after the Contract has been concluded, events occur and/or economic conditions change and/or certain parameters of the Contract change, which seriously complicate or delay the performance of PLASTIGI’s contractual obligations, the Customer is bound, if requested by PLASTIGI, to renegotiate the Contract in good faith taking into account the circumstances that have arisen.
11. Intellectual property rights
All intellectual property rights and derivative rights concerning the Products and the Valiente® and Valientea® brand, belong to PLASTIGI. These intellectual property rights include copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The Customer is prohibited from using and/or modifying the intellectual property rights as described in this article.
PLASTIGI is the exclusive owner and/or lawful licensee of all intellectual property rights related to the Webshop and its content.
12. Liability - disclaimer
All use of the Webshop is always at the Customer’s own risk and responsibility. PLASTIGI assumes no liability for any inconvenience or damage arising from the use of the Internet, malfunctions, interruptions, system breakdowns, harmful elements or defects in the Webshop, the intrusion of outsiders or of a virus, nor for any information posted or processed thereon by third parties, regardless of the existence of Force Majeure or an extraneous cause. The Webshop contains content that can be downloaded. Every download is at the Customers’ own risk and responsibility.
PLASTIGI has the right to restrict, interrupt or suspend access to the Webshop, in whole or in part, at any time for reasons including maintenance, updating or any other reason, even without prior warning and without giving rise to any form of compensation.
The Customer cannot claim damages except in the event that PLASTIGI fails to fulfill its obligations due to its own fraud, intentional fault or gross negligence. In all other cases, PLASTIGI shall not be liable. PLASTIGI shall in no case be liable for consequential or indirect damages. PLASTIGI shall in no case be liable for the gross fault committed by the (legal) persons for whom it acts or by its suppliers.
Should PLASTIGI, for whatever reason, be obliged to compensate any damage, the compensation shall in any case be limited to the amount of the price as paid by the Customer in accordance with the Contract.
13. Validity - non-renunciation
If any clause or provision of these Terms and Conditions is declared void or invalid, this shall not affect the other clauses or provisions of these Terms and Conditions. It shall be replaced by the parties by a valid provision that most closely approximates the intentions of the parties in the void or invalid provision.
If any portion of these Terms and Conditions is declared excessively broad, the provision shall, notwithstanding this fact, be enforceable to the maximum permitted by law.
Failure at any time by PLASTIGI to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
14. Data Protection
As part of the execution of the Contract, PLASTIGI may process the Customer’s personal data. In particular, this includes personal information (name, address, telephone number, etc.), contact information (coordinates, e-mail address) and financial information (account number, method of payment, etc.). PLASTIGI will process these personal data only to the extent necessary for the performance of the Contract and any legal obligation, after which PLASTIGI will delete these personal data. PLASTIGI will process such personal data for the duration of the Contract and a period of 1 year after the end of the Contract, without prejudice, however, to relevant and applicable, regulatory retention obligations. PLASTIGI provides adequate guarantees regarding the application of appropriate technical and organizational measures so that the processing of personal data complies with the requirements of the General Data Protection Regulation. PLASTIGI guarantees the security and confidentiality of this personal data. PLASTIGI will not transfer this personal data to third parties or, a third country or an international organization, except pursuant to a legal obligation. Insofar as PLASTIGI relies on a processor to process the personal data, it guarantees that this processor will be bound by the same obligations as described in this provision. The Customer has, with respect to the personal data, a right of access, rectification, erasure, restriction of processing, transfer, objection or opposition under the conditions and modalities defined in the General Data Protection Regulation. The Customer has the right to complain to the supervisory authority.
15. Applicable law and competent court
Any dispute of any kind related to these Terms and Conditions, the offers in the Webshop and/or the Contract shall be governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.
Any dispute related to these Terms and Conditions or arising from the Contract shall be settled by the courts and tribunals with territorial jurisdiction for the Customer’s domicile, provided the Customer is domiciled in Belgium.