TERMS AND CONDITIONS
Every order, online and offline, implies the agreement by the Buyer of these terms and conditions, which in their totality form part of the agreement with the Seller, to the exclusion of all other general or specific terms and conditions on the side of the Buyer unless otherwise explicitly agreed in writing.
2. Prices, quotes and acceptance of orders
All prices include VAT and are exclusive of shipping costs. Some countries charge customs fees or taxes. These taxes will be paid by the customer. Emaali cannot always inform its customers about these possible extra charges. All our quotes are obligation-free. We are only bound by an order once it has been paid or confirmed in writing. Information related to products and prices, as well as the detailed order information, is compiled and distributed subject to changes and corrections.
All payments on the website are made through the secure Mollie electronic payment system.
Invoices are payable in full to our office by the due date and without discount unless otherwise indicated on the invoice. In the case of late payment, interest will be charged on the invoice amount owing by operation of law and without the necessity of any prior notice of default at a rate of 1% per month from the invoice date. In the event of non-payment within 14 days after delivery, a fixed fee will be payable equal to 10% of the amount of the purchase. We reserve the right in the event of non-payment of an invoice in part or in full by the due date or in the event of any other breach of the Buyer's obligations with respect to the agreement, to suspend the execution of or immediately terminate all agreements with the Buyer by operation of law, without implication of default and without the need for any judicial intervention and to demand payment of all amounts owing, even with respect to invoices not yet past due, or to deliver goods only upon payment in cash, notwithstanding any earlier agreements or any other rights to which we may be entitled. Not immediately responding to any shortcoming on the side of the Buyer can in no way be considered as a relinquishment of our right to pursue this shortcoming at a later date.
Products are delivered with BPost, only in countries specified on the website. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation. Incorrect delivery addresses are the responsibility of the Buyer and may result in additional costs. Unless otherwise stipulated, our prices do not include transport and delivery of the goods to the Buyer. The costs for transport and delivery are indicated separately. The stated delivery times are not binding but are provided merely as an indication. Delays in delivery do not constitute grounds for termination of the agreement or for the payment of damages to the Buyer. We reserve the right to carry out partial deliveries. Emaali cannot be held responsible for parcels not collected. In case of non-collection of the goods, they will be sent back to Emaali premises, in such case we are not responsible for any charges for resending the goods.
In the framework of remote sales to consumers subject to the Law of 14 July 1991, consumers have the right to inform the seller of their wish to cancel the purchase, without justification and without penalty within 14 working days of delivery. After the aforementioned timeframe, the goods are considered sold. In the event the Buyer wishes to make recourse to this right, he/she is required to return all goods in original condition and packaging at his/her own risk and expense to Emaali. Refunds of the purchase price minus the shipping cost, will be made within 7 days after receiving the goods.
Goods specifically designed for the Buyer cannot be accepted. In such cases, the Buyer cannot make recourse to any right of renunciation.
7. Right of ownership
All delivered goods, online and offline, remain the property of the Seller until paid for in full, including all costs and taxes, interest and fees. In the event of non-payment, we reserve the right to reclaim the goods at the Buyer's expense.
In order to be admissible, complaints must reach us: (a) in the case of complaints related to non-conformity of deliveries, within 5 days following receipt of the goods, following this strict procedure:
Sending pictures of the outside of the box (with visible bar code)
Sending picture(s) of the inside of the box (packing material included)
Sending picture(s) of the damaged item
and (b) in the case of hidden faults, within eight (8) days following the discovery of the fault or the moment by which time such a discovery could reasonably be expected to have taken place. Acceptance of the goods by the Buyer covers every possible fault or non-conformity observable at that time.
Our warranty is limited to the warranty for hidden faults and the warranty in the case of consumer purchases, as stipulated in the Civil Code. We may only be held liable for damage in the event of deliberate act or gross negligence. We are not liable for any indirect damages whatsoever which may have been incurred by the Buyer.
10. Force Majeure
The Seller is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside its normal control, including production interruptions, difficulties in acquiring or shortages of raw materials, work force, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether or not they are directly related to ourselves or our suppliers and this even in the event these events are foreseeable.
All orders from the internet site of Emaali imply the explicit permission of the Buyer to allow the processing and use of his/her personal information for such purposes as administration of a customer database, the management of orders, deliveries and invoices, solvency checks, marketing and advertising. The processing of such information for marketing purposes and individual advertising will only take place upon the Buyer's explicit declaration of agreement during the ordering process. Artisan Traders will not be permitted to transfer this information to third parties. The Buyer has the right to view and correct all information. The Buyer also has the right at all times to oppose the processing of his/her personal information for direct marketing purposes and this without personal cost.
All Parties accept the validity of electronic proof in the framework of their relations (e.g. e-mail, backups, etc.).
If any article of these terms and conditions is declared null and void, this invalidity shall not affect the validity of the remaining articles.
Disputes are to be solved in mutual consultation wherever possible. Agreements concluded with the Seller are subject to Belgian law. All disputes are the exclusive jurisdiction of the courts of Belgium East-Flanders, Ghent.