Terms & Conditions

General Sales Conditions

 

These sales conditions apply to all sales agreements between BattleFlair  and the customer. Deviations from these general sales conditions can only be made by a written document, signed by BattleFlair  and the customer. These general terms and conditions of sale completely exclude all general terms and conditions stated in documents from the customer, even if these documents are of a later date. BattleFlair  reserves the right to change the general terms and conditions at any time and / or supplement them for future orders without informing the customer personally and without the latter being able to claim any compensation.

 

2. Reservation and payment in the store

The customer has the possibility to reserve a product. The customer will be notified when the product can be picked up at the selected BattleFlair store. The customer only decides whether the products are purchased or not, after inspection of the product and contact with a seller on site. In case of purchase, the customer pays at the cash desk of the BattleFlair . Only at that moment a sale - purchase agreement is concluded. For that reason, there is no distant sale and there is therefore no right of withdrawal (see point 9). The customer can only pay the full purchase price at the moment of collection at the BattleFlair  shop, any full or partial payment in advance or advance (also online) is excluded. BattleFlair  reserves the right to refuse orders or reservations if: • there is a serious suspicion of bad faith or intention to swindle; • there has been repeated abuse of the right of withdrawal; • there are suspicions of repeated (legal) abuse or fraud by a customer; • incorrect, suspicious or incorrect customer data is provided; • it is determined that a person repeatedly provides fictitious personal data; • an abnormal quantity of an ordered quantity - possibly in different purchase orders - is determined that goes beyond a mere personal use; • it can be assumed that orders were made for resale; • there is a case of force majeure. The reserved products remain available to the customer 2 days from the day of the reservation in the BattleFlair  store. If the customer does not collect or pay for the reserved products, the reservation will automatically be canceled after these 2 days unless otherwise agreed in writing or via e-mail with the customer.

 

3. Delivery or collection of an order

 

To deliver

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The delivery to the customer - after receipt of the payment - is made at an address chosen by the customer in Belgium. The customer has 14 calendar days right of withdrawal (see point 8). In case the delivery of the ordered goods is postponed, BattleFlair  reserves the right to change the sales price. This sales price will be changed in case the purchase price, taxes, taxes or levies that BattleFlair  has to pay were changed between the date of acceptance of the order and the date of the planned delivery. Pay attention! This is an order with payment obligation.

 

pickup, fetch

 

When the customer orders an article from the webshop on battleflair.com and chooses to pick it up at an BattleFlair  store in Belgium (pickup @ store), it is ready in a BattleFlair  a few days later, depending on the stock shop in Belgium of your choice. The customer has 7 calendar days right of withdrawal (see point 10). BattleFlair  is entitled, in case the goods have not been picked up by the customer after two electronic messages or e-mails, at the latest within the period of 1 month, to cancel the order or to regard the agreement as dissolved. Pay attention! This is an order with payment obligation.

 

4. Price

 

Unless otherwise stated in the agreement, prices include VAT, Recupel and other taxes. Additional mandatory delivery, order, or other administrative costs are not included and are listed separately. All prices are in Euro / €. All prices are based on Cash & Carry. Additional services (delivery, installation, financing, ...) are not included and products can only be delivered on payment of additional costs. Items purchased on the BattleFlair  web store are paid by the customer before delivery. No delivery or order will take place as long as the full purchase amount is not paid. The price, including any delivery costs, must therefore be paid in full before delivery. A "distance selling" contract is only concluded when an order has been handed over to the consumer or has been sent by e-mail to the e-mail address specified by the customer. Promotions and special offers are only valid as long as stocks last. For the consequences of misprints or printing errors in the prices or articles, deviations in images or interim changes in designs, BattleFlair  can not be held liable. BattleFlair  reserves the right to adjust orders at the appropriate applicable price or cancel unilaterally if it appears that the price indications and / or the product descriptions of (a) product (s) and any combined options on the website pursuant to a technical or human deficiency would be erroneously indicated. The payment of the online orders can be done through various online payment methods. BattleFlair  accepts cash payment upon collection at the store, not at the time of delivery. The electronic and paper gift vouchers can be used, in accordance with their validity from the date of issue. If the amount of the order exceeds the amount of the gift card or gift voucher, the customer must pay the difference. If the amount of the order is less than the amount of your gift card or gift voucher, the customer will keep this balance in the form of a credit.

 

5. Delivery conditions

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The method of delivery is indicated in a confirmation by e-mail to the customer. The ordered products are delivered in function of the available stock. The deliveries are made by various external partners, depending on the dimensions of the ordered product (s) and on the services chosen by the customer. Orders are delivered to the address specified by the customer at the time of his order. The driver or transporter can request proof of identity upon delivery. The customer signs for receipt of the delivery, by means of signing off a delivery note. Any visible defect to the product must be stated on the copy of the delivery note that you must send to BattleFlair  ([email protected]) within 2 days after delivery. If the customer is not present at the time of delivery of products with a small or medium size, the carrier will leave a message in the letter box, on which the local post office is mentioned, so that the customer, after showing the proof of identity, the product can pick up within 14 calendar days at the local post office. For products with large dimensions and for products for which installation is required, our specialized delivery partner will contact the customer in order to arrange a new delivery date. In case of re-sale due to the absence of the customer, BattleFlair  reserves the right to charge the costs caused by this. If a goods lift is required, a supplement of 100 € will be invoiced on delivery.

 

6. Delivery term

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The delivery periods do not constitute an essential element of the sales contract. Unless a different time for the delivery was agreed, for example in case of pre-order, order or not in stock, BattleFlair  delivers the products no later than 30 days after the conclusion of the agreement. In case BattleFlair  can not comply with this term, an additional term, which is appropriate in the circumstances, is agreed with the customer.

 

7. Pick up in store

 

Pick-up products are delivered to the customer-chosen BattleFlair  store as a pick-up point. The customer accepts that he needs to present his identity card or passport. BattleFlair  reserves the right to provide the goods only on presentation of a valid identity card or passport, accompanied if necessary by a signed and original authorization from the person in whose name the order was made. In principle, it is the identity card of the natural person who has placed the order to be presented or of the legal representative in case of an order made by a legal person. The products remain available for 14 calendar days, after which the order is canceled. In order to prevent payment fraud and to discover this in the event of a judicial investigation, BattleFlair  is entitled to take a copy of the identity card or identity card.

 

8. Transfer of ownership

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The ownership of the delivered goods passes from BattleFlair  to the customer after receipt or delivery of the goods to the customer and after full payment of the price. Contrary to Article 1583 of the Civil Code, the goods sold, delivered or installed remain the exclusive property of BattleFlair  until full payment of the invoice. As long as the sales price has not been paid, the customer is not allowed to pledge the goods or to offer them in any way whatsoever or to use them as security. The customer is expressly prohibited from making changes to these goods, making these goods real by incorporation or destination, selling them or having them in any way whatsoever. As long as BattleFlair , according to the provisions of this clause, has the ownership right over the delivered goods, the customer remains liable for keeping these goods in good condition. During this period, only the customer will be liable for any loss of or damage to the goods. The customer undertakes to insure the goods for all risks. The customer also undertakes to arrange the storage of the goods in such a way that any confusion with other goods is excluded at all times and can always be recognized as being the property of BattleFlair . Any payment by the customer will first be deducted from the outstanding amounts due for goods that were modified or sold by the customer in violation of this article.

 

9. Right of return

 

The customer has the right to notify BattleFlair  to refrain from the purchase, without penalty and without giving any reason within 14 calendar days from the day following the delivery of the article. The right of withdrawal does not apply to legal persons or to products purchased by a natural person for professional use. In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unequivocal statement. You can use the model withdrawal form for this. The burden of proof with regard to the exercise of the right of withdrawal lies with the customer. The customer is liable for the depreciation of the products resulting from their use, which goes beyond what is necessary to determine the nature, characteristics and functioning of the product. The right of withdrawal only applies to products with the accessories, instructions for use, invoice and proof of purchase. Products that would not be in this condition when they are received by BattleFlair  will remain available to the customer. The period of availability is 1 month, after which BattleFlair  becomes the owner of the product. In case of exercise of the right of withdrawal, the customer will send the products back to or return to BattleFlair  by all means and at their own risk and costs. Shipments "postage paid by the addressee" and "cash on delivery" are refused. For products with large dimensions, BattleFlair  can pick up the products at the express request of the customer. To this end, the amount of 50 EUR extra transport costs is invoiced to the customer. The customer can also hand in the product at the reception of an BattleFlair  store, without any costs. The following right-of-return does not apply to following articles: • Installed, damaged or incomplete items; • Items that have a clear personal character; • Delivery of products that spoil quickly or with a limited shelf life; • Items that are sealed and not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery; • Items that can no longer be returned due to their nature; The customer, or the non-carrier party designated by the customer, must, within 14 calendar days from the day following the day of delivery or the physical possession of the product, via either a registered letter, by e-mail ([email protected]) to exercise his right of withdrawal and on condition that the customer returns the products, within 14 calendar days from the day of exercise of the right of withdrawal or the made statement. The customer can also hand in the product at the reception of an BattleFlair  store, without any costs. In the case of different deliveries for one order, the 14 day withdrawal period starts from the physical possession of the last good. In the case of different deliveries for one order of one product, the 14 day withdrawal period starts from the physical possession of the last part of that one product. BattleFlair  reserves the right to wait for a refund until the product or products have been received, or the customer has shown that all products have been returned. In that case BattleFlair  only accepts proof of registered mail via bpost and a photo of the product and photo of the postal package. The customer will spontaneously specify the package number on request so that this can be checked via bpost. Subsequently, the full paid purchase price will be refunded within a period of 14 calendar days after receipt of the products or proof of return as described above. Cash is not paid in cash at the checkout, this can be done as a voucher, BattleFlair  reserves the right at all times to deduct the amount of the value reduction of the product, for which the customer is liable, from the return. pay purchase price. Additional delivery costs, if the customer has expressly agreed to a different delivery method than the cheapest standard delivery offered by BattleFlair , will not be refunded.

 

10. Right to dissolve

 

In case of insolvency of the customer or in case of outstanding debts, even in the framework of previous agreements between the customer and BattleFlair , BattleFlair  is entitled to suspend the execution of its obligations until full payment by the customer of all outstanding debts to BattleFlair . In the event that no payment has been made by the customer within 7 calendar days after the due date of any invoice, BattleFlair  is entitled, by operation of law and without prior notice, to regard the agreement as dissolved, while retaining its right to claim interest and / or compensation.

 

11. Claims

 

Upon purchase by the customer of demonstration products / showroom models, the customer will be presented with a document for signature, in which he declares to have knowledge of the visible damage or visible defects of such products to be indicated on that document. Such document shall also be signed by a representative of BattleFlair , and shall on account of the customer imply a waiver of his right to still address BattleFlair  or its carrier on the basis of the visible damage or defects thus established. The above stipulation does not affect the legal warranty rights of the customer, as described in article 12.

 

12. Warranty

 

12.1. BattleFlair  offers a 6-month guarantee for defects in the agreement, whereby this warranty period starts on the basis of article 12.2. mentioned date. This guarantee includes the repair or sending of the good to the relevant supplier or manufacturer. The exchange of the goods can only take place if this has been properly sent to the relevant supplier or manufacturer and it has not been declared reparable or it would take more than three months. If this can irreparably replace the defective good, without cost to the customer. If, however, it turns out that the repair or replacement is not possible, would be disproportionate to BattleFlair  or cause serious inconvenience to the customer, then BattleFlair  undertakes, at the request of the customer, the customer a suitable price reduction to allow or, as the case may be, to terminate the contract and to repay the price (after the appropriate price reduction), provided that the customer reimburses the goods. After receipt of the delivery, all claims for defects in conformity must be formulated in writing within one week following the day of receipt of the relevant goods, on pain of forfeiture of the right to institute such claim. 12.2 Only the invoice, the receipt or the purchase order are valid as proof of warranty for the customer with regard to BattleFlair . Failing this, all other valid means of proof, such as proof of payment. If the customer has passed on his personal data to the BattleFlair  by reading the electronic identity card or has entered his personal data manually via the appropriate devices, each time in the context of a purchase of a product, it is sufficient to read in the electronic identity card. , or showing the electronic identity card, as a guarantee certificate. These documents must be kept by the customer and presented in their original version. The warranty period starts on the date stated on these documents. If the delivery has been made to the customer before the invoice date, then the delivery date as stated on the delivery document applies. 12.3 This guarantee does not apply to parts or accessories if the defect results from misuse, external causes, normal maintenance or normal wear. 12.4 This warranty will not apply in the following cases (the following list is not restrictive): in the event that a third party, not legally authorized by BattleFlair , has intervened or has handled the goods; in case of damage caused by fire, water (flooding) or lightning, accident, natural disaster; in case of damage caused by improper use, poor maintenance, abnormal use or any other use that is not in accordance with the instructions of the manufacturer or the seller; in case of damage resulting from or through commercial, professional or collective use of the product. 12.5. The defective goods must be completely empty at the return. At the express request of the customer and insofar as possible, the objects blocked in the defective goods will be returned to the customer, insofar as they are stated on the repair ticket at the time of the return or delivery of the repaired or replaced goods. BattleFlair  is in no way liable for the condition in which the blocked items will be returned to the customer. In case of damage, theft or loss of the goods returned for repair, the possible liability of BattleFlair  in respect of the customer is in any case limited to the selling price of the goods less the damage determined by BattleFlair . If specific spare parts or accessories necessary for the repair of the goods are no longer available from the manufacturer, BattleFlair  is not liable for the (partial or complete) loss of the use possibilities of the goods, without prejudice to the other provisions of art.12 , more particularly art. 12.1. When repairing electronic devices, it is possible that the data stored therein or as a result is damaged or lost. Only the customer is responsible and liable for the storage of the aforementioned data or for the reinstallation thereof, to the exclusion of any liability of BattleFlair  in this respect. BattleFlair  has no liability for the loss or reproduction of the data stored in or by such electronic devices. See our general repair conditions in the store. The guarantee period for expo / second-hand models as well as for professional customers is 12 months.

 

13. Internet risks

 

The customer is aware of the limitations and risks of using the internet or any other medium with which the website is made available now and in the future. The customer is also aware of the risks of storing and transferring information electronically or electronically. The customer accepts that BattleFlair  is not liable for any damage, through the use of the website of BattleFlair  or internet, as a result of the aforementioned risks. The customer accepts that electronic communication and backups can serve as proof.

 

14. Requests for the recovery of VAT paid

 

All requests for recovery or recovery of VAT paid on purchased goods, by non-EU residents or diplomats, as well as review of the legal conditions for reimbursement, should exclusively be directed to external specialized partners designated by BattleFlair . The customer agrees to comply with the applicable general terms and conditions of these partners. More information about these partners on simple request.

 

15. General provisions - competent courts

 

15.1. If one of the articles of these general terms and conditions were invalid or void or would be declared void by a competent court, this will not affect the validity of the other articles of these general terms and conditions, which then remain fully applicable. If one of the articles of these general terms and conditions were invalid or void or were declared void by a competent court, the parties shall replace this article by a valid article that corresponds as closely as possible to the initial intention of the parties. 15.2. All agreements concluded between BattleFlair  and its customers and these general terms and conditions are exclusively governed by Belgian law. Any dispute regarding the existence, performance and / or interpretation of these general terms and conditions and all agreements between BattleFlair  and its customers fall under the exclusive jurisdiction of the Court of Bruges.

 

16. Intellectual Property

 

All texts, comments, magazines and illustrations and images displayed on the website are protected by copyright and neighboring rights, as well as by any intellectual property law and this for the entire world. Any partial or entire reproduction of the website or the catalog of BattleFlair  is strictly prohibited.

 

17. Any complaints or disputes

 

For any complaints and disputes, the customer can contact the Consumer Service of BattleFlair : BattleFlair  Consumer Service Email: [email protected].

18. Incoterms 2020 (FCA used when shipping cost is mentioned on invoice, CPT used when shipping cost is 0 due to free shipping )

 

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Only the dutch version of this text is applicable when a dispute accures