General Terms and Conditions
1. Cancellation Policy
1.1
You may revoke your contractual declaration within 14 calendar days without giving reasons in text form (e.g., letter, fax, e-mail).
The cancellation period is 14 calendar days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
1.2
To exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g., by letter, fax, e-mail).
You may use our model withdrawal form LINK!!!!!!!!!!! for this purpose, but it is not mandatory.
1.3
To meet the cancellation deadline, it is sufficient to send the notification of withdrawal in good time. The written withdrawal should be addressed to:
1.4
Consequences of withdrawal
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
However, we may refuse repayment within this period until we have received the complete goods back, in perfect condition and in their original undamaged packaging.
You must return or hand over the goods to us without delay and in any case no later than 14 calendar days from the day on which you inform us of the withdrawal from this contract,
Address:
, complete in the original undamaged packaging and with sturdy outer packaging against damage. The deadline is met if you send the goods before the expiry of the 14-calendar-day period.
You shall bear the direct costs of returning the goods.
You only have to account for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for checking the nature, characteristics, and functioning of the goods.
If the goods are used during the withdrawal period, the right of withdrawal expires.
The right of withdrawal is excluded in the following cases:
- Contracts for the provision of services whose execution began with the consumer's consent before the end of the withdrawal period mentioned in § 1,
- Contracts for the delivery of goods made to customer specifications or clearly personalized to personal needs or which, by reason of their nature, cannot be returned or are liable to deteriorate rapidly or whose expiry date would be exceeded;
- Contracts for the delivery of audio or video recordings or software, if unsealed by the consumer,
- Contracts for the delivery of newspapers, periodicals, or magazines,
- Contracts for the provision of betting and lottery services,
- Contracts for the delivery of foodstuffs, beverages, or other household goods for current consumption, delivered to a consumer's home, residence, or workplace by distributors in the course of frequent and regular rounds.
2. General Provisions
2.1
ReOhn SRL sells items in its online shop under LINK!!!!!!.
These General Terms and Conditions (GTC) apply to contracts concluded via this marketplace and the online shop.
2.2
Customers within the meaning of these GTC are both consumers and entrepreneurs.
2.3
All purchases not concluded online - i.e., purchases that do not fall under point 2.1 - are subject to direct sales (warehouse sales or counter sales).
These GTC apply only in part to direct sales.
3. Conclusion of a Contract
The conclusion of a contract via the online shop under LINK!!!!!! is determined by the following provisions:
3.1.
The items are placed online exclusively in fixed-price format. The activation of the offer page under [lien suspect supprimé] therefore constitutes a binding offer to conclude a purchase contract at the price indicated.
The contract with the customer is concluded as soon as the customer fulfills any conditions contained in the offer and exercises the fixed-price purchase function.
This function can only be executed if the customer confirms beforehand that they have read, understood, and accepted the currently valid "General Terms and Conditions" (GTC).
A link to the GTC is provided directly there.
3.2 General notes on the conclusion of a contract
Purchase within the framework of a sales contract is made possible at the specified quantities, prices, and descriptions, subject to errors, typing, and printing mistakes.
Should such errors or mistakes prove to be present, xxx reserves the right to inform the customer – even after the conclusion of a sales contract – and to be able to cancel the sales contract unconditionally.
In this case, no claims can be made by the customer.
4. Storage of the Contract Text
The text of the contract is sent to the customer after the purchase in the form of an order confirmation by e-mail.
The buyer is responsible for archiving the information received by e-mail and viewable and storable on the website [lien suspect supprimé] on an independent storage medium at their disposal.
After the conclusion of the contract, as part of the purchase process, customers receive the provisions of the contract, including a link to these GTC in text form.
5. Delivery and Shipping Conditions
5.1
If shipping of the goods is agreed with the customer, delivery shall be made exclusively against advance payment to the delivery address provided by the customer.
Collection by the customer is possible for online purchases.
5.2
The shipment of the purchased items takes place within five working days after receipt of payment.
5.3
The customer ensures that the stored delivery address is correct and complete.
Should additional shipping costs arise due to incomplete or incorrect address data, the customer must bear these in full in any case.
If, in this case, a new delivery involving additional costs is necessary, this new delivery will only take place after receipt of payment for these additional costs.
Even in the event of withdrawal or cancellation of the purchase, these additional costs will be withheld during the refund of costs.
5.4
For entrepreneurs, the risk of accidental loss and accidental deterioration of the item sold is transferred upon handover to themselves or a person authorized to receive it, and in the case of a sale by dispatch – even for carriage-paid delivery – upon handover of the goods to a suitable transport person.
5.5
For consumers, the risk of accidental loss and accidental deterioration of the item sold is transferred upon handover of the goods to the consumer, or in the case of a sale by dispatch, to the forwarder or carrier.
5.6
Handover is equivalent if the customer is in default of acceptance.
5.7
The delivery of the goods is at the expense and risk of the buyer, unless expressly agreed otherwise.
Insurances, liability, tracking, and the creation of a shipping receipt are only carried out upon written request and at the expense (by surcharge) of the buyer BEFORE payment.
5.8
If compliance with the delivery is impossible or excessively difficult due to force majeure and other disruptions not within our responsibility (e.g., strike, extreme weather phenomena, natural disasters, war, riot, terrorist attacks), the delivery periods are extended accordingly and xxxxxxxxx is released from its delivery obligation for the duration of the hindrance.
5.9
Deliveries may be withheld until existing payment delays from the business relationship are settled.
5.10
Shipment of the goods takes place exclusively to the following countries: Belgium, Netherlands, Luxembourg, Germany, France, and Austria, unless expressly agreed otherwise.
Even within these countries, we do not deliver to islands or overseas.
Collection of the goods is also possible.
6. Prices, Payment Conditions, and Consequences of Delay
6.1
The prices stated in the offers are final prices – i.e., they include all price components, including applicable taxes according to Belgian legislation.
In individual cases, for cross-border deliveries, other taxes and/or duties (e.g., customs duties) may be payable by the customer.
6.2
All purchase prices are – unless expressly agreed otherwise – exclusive of delivery, shipping, and packaging costs.
When shipping goods, whether domestically or abroad, additional costs for delivery, shipping, and packaging therefore apply; their amount depends on the information provided in connection with the specific offer.
6.3
The customer undertakes, in the case of agreed advance payment, to pay the purchase price plus the applicable delivery, shipping, and packaging costs no later than ten days after receipt of the request for payment without deduction.
6.4
The customer can only exercise a right of retention if their counter-claim is based on the same contractual relationship.
6.5
Goods that are not in stock - and thus ordered specifically at the customer's request - must be paid for in addition to the acquisition costs for packaging and transport and are excluded from exchange, return, as well as full and partial refund.
The same applies to discounted goods such as, for example, during discounts, special actions, clearance items, display models, second-choice goods (B-category), goods with reported damage or quality defects, etc. .
If agreed between the parties, a down payment of a previously defined amount must be made by the customer before ordering.
The remaining balance must be settled in cash before the handover of the goods, unless expressly agreed otherwise in writing.
6.6
Vouchers and gift certificates are payable in cash upon issuance.
They are valid and usable for a maximum of 12 months from the date of issue, after which they expire automatically without entitlement to a total or partial refund.
In no case can vouchers be paid out in cash, either in whole or in part.
In the event of cessation, transfer, or liquidation of the company, all vouchers not used by that time expire automatically without entitlement to any form of refund.
Lost vouchers are neither replaced nor refunded by us.
Vouchers are only valid and usable in their original form, dated and provided by us with a signature and stamp.
7. Retention of Title
7.1
xxx reserves ownership of the items sold to customers until the purchase price has been paid in full (reserved goods).
7.2
The customer is obliged to treat the reserved goods with care and to avoid damage of any kind.
7.3
During the retention of title, the customer is obliged to inform xxx immediately of any access by third parties to the goods (e.g., in the event of seizure) as well as any damage to or destruction of the goods and to provide all information and documents necessary for the preservation of the owner's rights.
Third parties must be informed of the third-party ownership. During the retention of title, the customer must immediately report any change in possession of the reserved goods as well as their own change of residence.
7.4
In the event of behavior by the customer contrary to the contract – in particular in the case of payment delay or in the case of a breach of an obligation according to point 7.2. and/or 7.3. of these GTC, xxx is entitled to withdraw from the contract and demand the return of the reserved goods.
8. Notification of Transport Damage
ReOhn SRL will support the customer to the best of its ability in the event of transport damage, insofar as claims are made against the relevant transport company or the relevant transport insurance. The goods are handed over by xxx to the transport company for shipment in perfect condition and in the best possible commercially usual outer packaging, in apparent perfect condition.
8.1
The customer shall check the delivered goods and their shipping packaging.
In the event of externally recognizable transport damage, the customer undertakes, in the event that the delivery is nevertheless accepted, to note the damage on the respective shipping documents upon receipt of the delivery and to have it signed by the deliverer; the packaging must be kept, as well as the documents signed by the deliverer with the mention of the transport damage.
The customer must inform xxx of this in writing within three days of the delivery of the goods.
8.2
If the (partial) loss or damage is not externally recognizable, the customer must report this to xxx AND to the transport company within three days of delivery, in order to ensure that any claims against the transport company can be made in good time.
For this purpose, the shipment must remain untouched in its original packaging until a representative of the deliverer has determined the condition of the shipment and issued a certificate.
8.3
Any rights and claims of the customer, in particular their rights in the event of defects in the item, are not affected by the regulations in points 8.1 and 8.2 of these GTC.
8.4
Transport damage does not release the buyer from their payment obligation.
8.5
In the event of a written complaint not made in good time, warranty rights are excluded in all cases.
9. Warranty Conditions
Any complaints of any kind must be addressed immediately and exclusively in writing to xxx via the contact details provided at the end of these GTC.
In the event of a complaint not made in good time, warranty rights are excluded in all cases. Furthermore, the following warranty conditions apply:
9.1
The handover of the packaged goods to the first dispatcher or person collecting them serves as proof of the correct quantity and perfect condition of the packaging.
9.2
In principle, only the manufacturer's product description is considered agreed for the nature of the goods.
9.3
Material defects do not include wear and tear related to use or natural wear and tear, damage resulting from improper handling, storage, or installation, failure to follow operating instructions, excessive stress, purchase of material quality unsuitable for the intended use, transport damage after the first delivery, as well as faulty care and maintenance after the transfer of risk.
The same applies to so-called intended wear and tear.
9.4
A warranty claim can only be accepted by xxx in the event of a justified complaint for defects combined with the presentation of the original invoice and the original goods.
A warranty claim only concerns the goods themselves; any transport costs are to be borne by the customer.
If replacement goods are granted due to a justified warranty claim or as a gesture of goodwill, the defective goods are in all cases retained by us.
9.5
In accordance with legal provisions, the customer is in principle initially only entitled to subsequent performance in the event of defects in the delivered item.
9.5.1
In this respect, the consumer has the choice whether subsequent performance should take place by repair or by replacement delivery; ReOhn is, however, entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance remains without major disadvantages for the consumer.
9.5.2
With regard to entrepreneurs, ReOhn guarantees defects in the goods, initially at its own choice, by repair or replacement delivery.
9.6
If subsequent performance has failed, the customer may in principle, at their choice, in accordance with legal provisions, reduce the remuneration (reduction), cancel the contract (withdrawal), demand damages, or reimbursement of wasted expenses.
If the customer chooses damages, the limitations of liability according to point 10 of these GTC apply in this regard.
9.7
For new items, the limitation period for the rights of a consumer in the event of defects appearing within a period of two years from the delivery of the goods is one year after the defects become known to the consumer, without this limitation period ending before the aforementioned two-year period.
The limitation period for the rights of an entrepreneur is one year from the delivery of the goods.
The limitation reliefs related to the above periods do not apply insofar as xxx is liable according to point 10 of these GTC or if it concerns the real right of a third party on the basis of which the return of the object of delivery can be demanded.
9.8
For entrepreneurs, the warranty right for obvious defects is excluded upon acceptance of the goods.
Furthermore, entrepreneurs must report obvious defects within a period of two weeks from the shipment of the goods to the contact details provided above; otherwise, the assertion of the warranty right is excluded. It is sufficient, to meet the deadline, to send the notification of defect in good time.
10. Liability
10.1
According to legal provisions, xxx is liable without limitation for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty as well as on deceit.
Furthermore, xxx is liable without limitation for damages covered by liability according to mandatory legal provisions, such as the Product Liability Act, as well as in the event of assuming guarantees.
10.2
For such damages that are not covered by 10.1 and are caused by simple or slight negligence, xxx is liable insofar as this negligence concerns the violation of contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely (so-called cardinal obligations).
In doing so, the liability of xxx is limited to the contract-typical foreseeable damages.
10.3
In the event of breaches by slight negligence of such contractual obligations that are covered neither by 10.1 nor by 10.2 (so-called non-essential contractual obligations), xxx is liable towards consumers - this being however limited to the contract-typical foreseeable damages.
10.4
Any further liability is excluded.
11. Final Provisions
11.1
The law of the Kingdom of Belgium applies.
11.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
11.3
The place of performance xxxxxxxxxx is considered recognized by the buyer and seller.
11.4
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business: xxxxx
The seller is, however, free to bring disputes before another court with legally defined jurisdiction.
12. Data Protection Notice
xxx stores, processes, and uses the personal data communicated for the purpose of contract execution.
In this context - with the exception of the necessary shipping processing - no transmission of the customer's personal data to third parties takes place, and a transmission of personal data to third parties does not take place without the customer's express consent.
13. Language of the Original GTC
The German version is defined as the original GTC. The versions in FR/NL/EN are foreign language translations thereof.
In case of doubt or erroneous translation wording, the German version is always considered the only valid one.