Artikel 1. General
These general terms and conditions apply to every offer of the VOF Queen of Boards, with registered office at 8501 Heule, Sint-Godelievestraat 9, and with company number 0764.318.032, RPR Gent, Kortrijk department (hereinafter referred to as Queen of Boards) and any commercial relationship between Queen of Boards and the Customer (any person or legal entity that places an order with Queen of Boards).
The Agreement is concluded as soon as the Customer has accepted the offer and the general terms and conditions. The Agreement and the general terms and conditions remain in force until all commitments have been performed.
Artikel 2. Applicability
Queen of Boards reserves the right to change and / or supplement the general terms and conditions at any time. The general terms and conditions in force at the time of order will apply to the Agreement between the Customer and Queen of Boards.
The possible invalidity of one or more stipulations from these terms and conditions or part thereof, does not affect the validity and applicability of the other clauses and / or the rest of the stipulation in question.
Artikel 3. Prices
The prices of the Products are the prices stated on the Website at the time the Customer places an order.
All prices are expressed in euros and are exclusive of VAT and packaging, delivery, insurance and administration costs, unless explicitly agreed otherwise.
During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes as a result of changes in VAT rates.
Before placing an order, the total price, including all charges and taxes, will be available to the Customer and stated.
Artikel 4. Cancellation
Queen of Boards has the right to cancel the order, in the event of (i) an error of a technical nature in the order; (ii) the ordered product is not available; (ii) the order reports false information from the Customer (iv) or when Queen of Boards suspects that the Customer is relying on Queen of Boards for reasons that cannot be considered objectively reasonable and acceptable.
In case of cancellation, any price already paid will be refunded.
Artikel 5. Payment
Queen of Boards always reserves the right to request full payment from the Customer before proceeding with the execution of the order.
Unless otherwise agreed between the Parties, the Customer must pay at the time of placing the order.
If the Customer pays by bank transfer, Queen of Boards will process the order from the moment of receipt of full payment. If Queen of Boards does not receive full payment within 5 working days of receipt of the order, Queen of Boards has the right to cancel the order.
Invoices from Queen of Boards are payable within 30 calendar days following the invoice date.
Invoices can only be validly protested by the Customer in writing by registered letter within 7 days following the invoice date, stating the invoice date, invoice number and detailed motivation. Such a protest does not release the Customer from its payment obligations under any circumstances.
The unconditional payment by the Customer (of a part) of the invoice amount counts as explicit acceptance of the invoice.
Partial payments by the Client are always accepted subject to all reservations and without any adverse acknowledgment, and allocated first to the collection costs, then to the damage clause, the interest due and finally to the principal sum, with priority being allocated to the oldest outstanding principal amount.
Artikel 6. Consequences of non or late payment
For each invoice that has not been paid in whole or in part by the Customer on the due date, a default interest of 0.50% per overdue month will be charged by operation of law, without prior notice of default, whereby each started month is considered to have expired in full and, in addition, the amount due increased by all collection costs of Queen of Boards associated with the collection of the debt, as well as by 20% of the invoice amount, with a minimum of 100 euros (excl. VAT) by way of lump sum compensation, without prejudice to the right of Queen of Boards to claim higher damages.
If the Customer fails to pay one or more outstanding claims to Queen of Boards, Queen of Boards reserves the right to immediately stop any further delivery and to consider other orders as canceled without any notice of default, in which case the lump sum compensation as provided for in the previous paragraph is due.
In addition, this entails the immediate claimability of all other invoices, even those that have not yet expired, and all permitted payment terms expire. The same applies in the event of imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact.
Artikel 7. Shipment and delivery
Queen of Boards undertakes to deliver the Products within 7 working days after full receipt of payment.
If Queen of Boards is unable to deliver the Products within the aforementioned term, Queen of Boards undertakes to notify the Customer in writing.
The order will be delivered to the address provided by the Customer to Queen of Boards during the purchase process. Errors in the address data are the responsibility of the Customer.
Queen of Boards reserves the right to make partial deliveries of the ordered Products, for example if part of the order is delayed or unavailable. In case of partial delivery, Queen of Boards will notify the Customer. In the event of (partial) non-delivery, the relevant part of the price paid will be refunded to the Customer.
Artikel 8. Visible and hidden defects – complaints procedure
Upon delivery, the Customer must check the packaging for any visible damage (such as but not limited to color, quantity, nature of the product delivered, etc.) If the Products are visibly damaged or do not correspond with the Product ordered, the Customer may not and must notify Queen of Boards in writing within 5 working days If no complaints are communicated within these periods, the Customer is deemed to have approved and accepted the delivery.
Upon notification, Queen of Boards will provide the Customer with the necessary instructions regarding the damaged Products.
After detecting any defect, the Customer is obliged to immediately cease the further use of the Product in question and to do everything that is reasonable and have it done to prevent (further) damage and proper storage of the Products under penalty of inadmissibility of the Product. the complaint.
Queen of Boards is under no circumstances responsible for the loss of or damage to returned Products until accepted by Queen of Boards.
The risk of loss or damage is transferred to the Consumer Customer as soon as he (or a third party designated by him, who is not the carrier) has physically received the goods. However, the risk already passes to the Consumer Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Queen of Boards.
Artikel 9. Right of withdrawal and refund for every customer-consumer
This article applies only to Customer-Consumers (any natural person acting for purposes outside his trade, business, craft or professional activities and who purchases or may purchase Products through the Website) to the exclusion of any other Customer .
Without prejudice to the legal provisions in this regard, the Customer-consumer has a legal right to withdraw from the Agreement during the period stated below. The Customer-consumer has fourteen (14) days to withdraw from the Agreement, counting from the delivery of the Product.
During the withdrawal period, the Customer-consumer will handle the Product and the packaging with care. He will only handle the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The starting point here is that the consumer may only handle and inspect the Product as he would be allowed to do in a shop. The Customer-consumer is only liable for the depreciation of the Product that is the result of a way of handling the Product that goes beyond what is permitted in this article.
The Customer-consumer may only revoke the Agreement if the Products are complete and have their original labels.
The customer-consumer cannot exercise the right of withdrawal for the cases provided for in article VI.53 CEL. In particular, the customer-consumer cannot exercise his right of withdrawal for goods that are sealed for reasons of health protection or hygiene and of which the seal has been broken after delivery.
If the Customer-consumer decides to withdraw from the Agreement, the Customer must notify Queen of Boards of this by sending an email to edouard@queenofboards.com in which it is unambiguously stated that he wishes to withdraw from the Agreement.
The Consumer Customer must return the Products to Queen of Boards without undue delay and in any case no later than fourteen days after sending the notice of withdrawal to Queen of Boards. The Products must be shipped to Queen of Boards in the same way as the Consumer Customer received the Products.
All costs for returning the Products are paid by the Customer-consumer.
In case of withdrawal, Queen of Boards will refund the amounts already paid by the Customer-consumer for the Products and the initial delivery upon receipt of the Products or the Customer may opt for a purchase receipt from Queen of Boards for the same amount. However, Queen of Boards may reduce the refund to take into account any depreciation of the Products as a result of the Customer’s improper handling of the Product or due to insufficient postage from return.
Artikel 10. Garanty
The Customer is entitled to a legal warranty of two years. The legal warranty covers any defect or lack of conformity of the Products that manifests itself within a period of two years from the date of delivery of the Products.
The Customer must inform Queen of Boards via edouard@queenofboards.com about the defective Products within a reasonable period after the defect is known or could reasonably have been known by the Customer. Upon return of the defective Product, Queen of Boards will, at the Customer’s discretion, send the Customer a new Product or repair the Product, and Queen of Boards will bear all costs associated with the exchange / repair of the Products. The Product can only be replaced and delivered to the extent that it is still available / in stock from Queen of Boards’ suppliers. If the repair or replacement is not possible or cannot be carried out within a reasonable period of time, the Customer has the right to terminate the Agreement and Queen of Boards will refund the price.
This warranty does not apply to visible defects that could be detected immediately upon delivery, in application of the provisions of article 8 of these general terms and conditions.
Under no circumstances does the warranty or indemnification for visible and / or hidden defects apply if the damage is caused by incorrect use or incorrect storage of the Product. Any claim to indemnification lapses in the event of processing, changes by the Customer or by third parties or in the event of abnormal or extraordinary use of the Products or damage caused by force majeure. The guarantees that Queen of Boards offers to the Customer remain limited to (full or partial): (i) replacement and / or (ii) taking back the relevant Products, with credit to the Customer, at Queen of Boards’ own discretion.
Artikel 11. Assignment and Subcontracting
Queen of Boards has the right to transfer its rights and obligations under the Agreement to a subcontractor / supplier (eg for the delivery of the Product), but this will not affect the rights and obligations under these general terms and conditions.
Artikel 12. Use of personal data (privacy)
Queen of Boards only uses the Customer’s personal data in accordance with the Privacy Policy on the Website.
Artikel 13. Liability
Without prejudice to the rights and remedies granted to the Customer by applicable law or these general terms and conditions, our liability for direct damage will be limited to the price of the Products delivered and / or ordered by Queen of Boards and in any case limited to the liability that is mandatory by law. Queen of Boards is under no circumstances obliged to compensate indirect damage (such as, but not limited to, loss of income or damage to third parties).
Nor is Queen of Boards liable for defects that are caused directly or indirectly by an act of the Customer or of a third party, regardless of whether these are caused by an error or negligence.
With regard to the use of the Products and their operation, Queen of Boards emphasizes that the Products must always be used in accordance with the instructions for use supplied with the Product or stated in the Product description on the web shop.
Artikel 14. Force of the majority
Queen of Boards is not liable for any failure to fulfill its obligations under the Agreement due to force majeure. Are conventionally regarded as cases of force majeure: all circumstances that were reasonably unforeseeable and unavoidable at the time of the conclusion of the agreement, and which create the impossibility on the part of Queen of Boards to execute the agreement or that financial or otherwise make the agreement heavier or more difficult than normally anticipated (such as, but not limited to war, natural conditions, fire, seizure, delays in or bankruptcy of third parties that Queen of Boards relies on, general scarcity of raw materials or Products, staff shortage , strike or other business organizational circumstances).
In the event of Force Majeure, Queen of Boards will notify the Customer and Queen of Boards’ obligations under the Agreement will be suspended and the period for performing the obligations will be extended for the duration of the Force Majeure situation. When the Force Majeure situation affects the delivery of the Products, Queen of Boards will arrange a new delivery date with the Customer after the Force Majeure situation has passed.
Artikel 15. Applicable law
Belgian law applies to these general terms and conditions and the Agreements. Disputes are the exclusive competence of the courts of the district where Queen of Boards has its registered office, unless Queen of Boards expressly deviates from this.