General Terms of Sale and Delivery Da factory NV
(including consumers, online shops, remote agreements, stores and shops).
Our sales are exclusively governed by our general terms of sale as specified below, unless expressly and otherwise agreed in writing. By ordering with us or accepting one of our outbound offers, customers are not only deemed to accept the present terms of sale, they also renounce their own terms of purchase and sale.
1. Invoices are payable in cash at the registered office of Da factory NV. The submission of a bill or receipt card does not affect this stipulation. Registered office and identification guarantor (if applicable):
2. Da factory NV reserves the right to modify at any time the characteristics of its offer and price lists, except when they indicate an explicit period of validity. The offer and price lists shall apply as long as they are listed in the catalogue. Da factory NV retains the right to change prices without any prior notice. Da factory NV reserves the right to refuse orders when it is evident that the price and/or specifications of a product are incorrect due to a technical or human error. Prices are indicated in Euros. IRB and Recupel are included in the listed prices.
3. Da factory NV reserves the right to amend its general terms of sale without informing the customer personally and without the latter being able to claim compensation in any shape or form. It is up to the customer to read the general terms. However, running contracts shall be subject to the conditions that applied when the sale was concluded.
4. Delivery times are given only by way of indication and are without guarantee. A delay in delivery cannot give rise to a claim for damages, nor a return without prior approval. Each case of force majeure justifies interrupting and delaying the execution of the orders. It affects the conditions agreed in advance not only in terms of delivery, but also in terms of prices and provided conditions.
5. Our goods are delivered and accepted by the buyer when leaving the company (EN) ex works, (NL) ex works, (FR) ex works in Erembodegem. They are transported at the consignee’s risk, freight and insurance also at the latter’s expense.
6. Every order implies acceptance, without reservation, by the customer of its content, as well as the present conditions which apply to the exclusion of all others, unless otherwise expressly agreed in writing.
7. To be admissible, all complaints relating to the delivered goods must be lodged within 7 days upon receipt of the same. The expiry of this period without written complaint implies final acceptance and approval of the delivery in both visible and concealed state.
8. Invoices that are not paid by the due date shall from this date yield a delay interest of 8% per year from the first day of lateness, and this without notice.
9. The publication of the name of the customer in the list of protested values (including, but not limited to, correspondence and securities), as well as non-payment of a bill or invoice results in these becoming immediately due and payable, and entitles us to cancel any pending orders.
10. In the event of non-payment of an invoice by the due date, the amount thereof shall be increased by 8% by way of fixed compensation, with a minimum of EUR 250, without prejudice to the liability to pay interest and any court costs, if necessary.
11. No order may be cancelled due to the expiry of the delivery date, unless prior written notice is served and provided a final, yet reasonable, delivery date is specified.
12. We do not accept returns without prior written consent. If the return is the result of an error on the part of the customer, we will reserve the right to debit him for the resulting costs (administrative and other). For the returns that are not free, the customer will bear the expenses of returning the goods.
13. The customer expressly acknowledges that, notwithstanding Art. 1583 of the Civil Code, the merchandise remains the property of Da factory NV until full the price, interest and any expenses, have been paid. The advance payments already paid will remain acquired by the seller as compensation for possible losses on resale.
14.1 The general warranty is two years.
14.2 The warranty is limited to the original owner and is not transferable. The owner commits to maintaining the product according to the instructions in the manual.
14.3 The warranty is limited to the repair, or possible replacement, of the Da factory products and does not cover damage resulting from defects to these products.
14.4 Da factory NV guarantees the conformity of the goods to the customer’s order and the normal expectations which the customer may have, taking into account the product specifications.
14.5 Defects or damage resulting from misuse, water, oxidation, fall or shock, negligence, poor maintenance or use contrary to the manufacturer’s instructions, as well as wear and tear are not covered by the warranty.
14.6 The delivery note and/or proof of purchase which the customer receives upon purchase is considered the warranty certificate.
14.7 To take advantage of the warranty, the customer is requested, with the defective unit, to report in writing to the address mentioned above or on the website, insofar as, and if, the website provides for this.
15. General terms of sale for remote sales to consumers and/or sale to consumers in general, insofar as the Belgian Consumer Purchase Act applies.
15.1 The terms of sale mentioned below specifically apply to online orders via the e-shop to the extent that they differ from the general conditions. The consumer should always read the general terms of sale for sales online and confirm that they accept these general terms of sale. If not, they cannot complete their order.
15.2 Conditions of payment:
The payment of online orders can be done in several ways:
Online at the time of ordering by:
– Visa or Mastercard
– Manual transfer to our bank account No. 001780701647 (Iban-code: BE22001780701647 Bic-code: GEBABEBB BNP Paribas Fortis). In this case, the products ordered by the consumer cannot be set aside for the consumer until payment has been received. Consequently, we advise the consumer to arrange this payment with their bank at the earliest opportunity.
15.3.1 Delivery is at the address indicated on the order. Any visible defect in the product shall be reported by e-mail within two days of delivery on e-mail address: firstname.lastname@example.org. Our after-sales service is responsible for following up complaints.
15.3.2 Da factory NV hands the parcel to PostNL for delivery. As soon as the order has been sent, confirmation thereof is sent to the consumer by e-mail. This e-mail features a PostNL Track & Trace code, so that the consumer can track the order and check when it will be delivered.
If the consumer is not at home at the time of delivery, PostNL will deliver the package again the next working day or Saturday.
If the package cannot be delivered for a second time, the consumer will receive a notification from PostNL, which specifies where the package can be collected (nearest post office or neighbours). Consumers do not have to stay at home especially in order to receive the package.
All orders are shipped by Da factory NV with ‘pakketpost’ [parcel post], which reduces the risk of loss, damage or theft during transport of the order.
Da factory NV aims to carry out the delivery within two working days.
If goods have not been sent within 30 days from the day following that on which the consumer has sent his order to Da factory NV, the consumer is entitled, by means of a simple notification, to terminate the agreement, except in cases of force majeure. This period is extended by 14 days if the goods are not in stock, are yet to be produced or in the case of annual holidays.
15.4 Risk of loss or damage
The risk of loss or damage shall pass to the consumer from the moment of the parcel is delivered or the moment the consumer takes possession of the goods.
15.5 Only applies to remote sales to consumers: Right of withdrawal.
15.5.1 In the context of remote sales to consumers, the latter are entitled to notify the company that they wish to cancel the purchase, without incurring a fine and without giving any reason within 14 calendar days from the day following the delivery of the goods or the conclusion of the service agreement.
15.5.2 This withdrawal, however, will only be effective, on condition that the consumers have expressed this wish to the company within 14 calendar days from the day that follows that of the delivery of the goods, preferably in writing, by e-mail, fax or any other durable medium.
15.5.3 We expect that consumers handle the orders with care, and return the goods and packaging within the above-mentioned timeframe. Da factory NV will only accept returned goods on condition that they have only been unpacked and/or used with a view to assessing the goods. Returned goods may not be used. If the consumer wishes to return the goods, it is necessary to return the original packaging, together with any ancillary items. Goods that are not in this state when they arrive at Da factory NV will remain at the disposal of the consumer, who will have to pay for them. Moreover, the consumer is not entitled to exercise a right of withdrawal in case of delivery of audio recordings, video recordings and computer software (including prepaid rechargeable phone cards) that were unsealed.
15.5.4 In the event that consumers exercise their right of withdrawal, they will return the merchandise to the ‘e-shop returns’ department at Da factory NV by all means and at their own risk and expense. Any direct costs of returning the goods shall be borne by the consumers.
15.5.5 Shipments ‘post paid by the recipient’ and ‘cash on delivery’ will not be accepted.
15.5.6 The goods must be returned to the address specified in Article 1, together with the delivery documents and invoice, if any.
15.5.7 A refund will only be considered when Da factory NV has received the unused goods with packaging. This refund will be made within a period of 30 days from the date the right of withdrawal can be legitimately exercised. Any sum paid by the consumer for the purchase of the goods in question will be reimbursed to the bank account No. specified in the request for withdrawal.
16. Additional terms and conditions in respect of stores/shops and their responsible managers.
16.1 The terms of sale mentioned below specifically apply to shops/stores in that they differ from the general conditions.
16.2 Prices are indicated in Euros. Without obligations, purchase prices are exclusive of VAT and selling prices are inclusive of VAT, but the buyer should verify this beforehand. Da factory NV retains the right to change prices without prior notice.
16.3 Special delivery and operational conditions:
16.3.1 Training and further training.
16.3.2 Guaranteeing after-sales-service for your customers.
16.4 Conditions of payment:
16.4.1. Payment on delivery (cash on delivery).
16.4.2. Quick-service deliveries (within 24 hours) are always charged.
16.5 Complaints, returns, ownership and warranty:
– Complaints must be lodged immediately upon receipt of the goods.
– Returns are only possible following prior consultation.
– A guarantee claim is only possible if the product is accompanied by the warranty card and/or proof of purchase.
17. By purchasing the products (if applicable online), the customer declares to be at least 18 years old and legally authorised to purchase products and services. Customer agree that they are liable for all financial transactions related to the use of the Da factory NV website, including those made by resident minors, for example, on their behalf.
18. If one of the present provisions were to be declared void and unenforceable, the other provisions shall remain fully applicable, and that provision will apply to the extent that it is permitted by law.
19. The parties shall, in the context of their relations, accept electronic evidence (e.g. e-mail, data back-ups, …).
20. Disputes related to the validity, interpretation or execution of these general terms of sale are subject exclusively to Belgian law and will only be submitted to the courts of East Flanders, Dendermonde Department, or courts of Ghent, Dendermonde Department, depending on the competent court.