General terms and conditions of sale B2C

Edition: 16 April 2020

Article 1. Scope and contracting parties
1.1. These general terms and conditions of sale apply exclusively to all activities between you (hereinafter: “the customer”) and Garden Trade International BV, having its registered office at Deense Wijersstraat 6, 3740 Bilzen and registered in the Belgian company register under number 0441.446.505 (VAT number: BE0441446505) and trading under the name “Giardino” (hereinafter: “the seller”, “we” or “us”), and therefore also to all sales contracts you enter into with us via the webshop at www.giardino-online.com (hereinafter: “the webshop”).
1.2. The contact details of the seller are: Garden Trade International BV Deense Wijersstraat 6 3740 Bilzen T +32 (0)89 51 03 60 F +32 (0)89 51 03 65 E website@giardino-online.com

Article 2. Conclusion of the contract
2.1. The presentation of products in the webshop is not a binding offer from us, but only a non-binding invitation to you to order and purchase our products from us.
2.2. Your order will be placed by placing the products of your choice in your online shopping cart and then pressing the "BUY NOW" button. When you place an order with us, you thereby make a binding offer to enter into a sales contract. Before you place your order, you will be given the opportunity to check the details of your order and correct any errors.
2.3. You will then receive a confirmation of receipt from us by e-mail. This confirmation is only the confirmation that we received your order in good order and does not constitute an acceptance of the contract offer thus made by you.
2.4. The contract is only concluded once we have confirmed our acceptance, either by means of a separate e-mail (order confirmation) or in the shipping confirmation of the products ordered by you.
2.5. The contract is only concluded with regard to the products mentioned in the order confirmation or in the shipping confirmation, and cannot be concluded with regard to products not mentioned therein.
2.6. We decide for ourselves whether or not we (can) accept an order. If for any reason we are unable to accept your order, we will inform you immediately. If you have already made a payment at that time, it will be refunded by us.

Article 3. Conformity and guarantee
3.1. We guarantee that the products delivered to you are in accordance with the description given by us and with the specifications stated. We also guarantee that the products delivered to you correspond to the normal use that can be expected of the products and, where applicable, are suitable for any special use you may require, which you informed us of when concluding the contract and which we accepted. The non-conformity with any of these aspects shall be considered as a defect. However, shall not be regarded as a defect: usual or unavoidable deviations in quality, color, dimensions, execution or design.
3.2. Any defects or damage must be reported to us in writing without delay and at the latest within two months from the day on which you have ascertained them. For this you can use the contact details mentioned in article 1.2. If we do not receive written comments from you within the aforementioned period, the products are deemed to have been accepted.

Article 4. Price
4.1. The price shown is always in EUR and always includes VAT and any other applicable taxes. The applicable price is the price indicated at the time of the order.
4.2. The price displayed does not include delivery costs, which will be displayed separately before you place your order. From an order value of EUR 750 (incl. VAT), no delivery costs will be charged. Below this order value, a delivery charge of 49 EUR (incl. VAT) will be charged.
4.3. The price displayed always refers to the goods as they are described verbatim in the offer. If a photo of the goods is attached to this offer, this is for illustration purposes only and the photo may contain elements that are not included in the price.
4.4. We reserve the right to change the price after the conclusion of the agreement and before the delivery or collection of the goods due to possible mistakes or material errors or printing errors regarding the price displayed, or due to possible changes regarding, among other things, the delivery prices charged by third party service providers. In such a case, you have the right to dissolve the agreement by registered letter, without incurring any additional costs or any right to compensation from the seller on behalf of the customer.

Article 5. Terms of payment
5.1. Payment is made by card (KBC/CBC Online, ING HomeBank, Belfius NetBanking, IDeal, Giropay). The amount of your purchase will be debited from your card immediately after your confirmation of payment. Only when we have received your payment on the account specified by us, the products ordered by you and confirmed by us will be delivered. In principle, we must receive your payment at the latest within 7 working days after we have confirmed your order. If we do not receive your payment on time, the agreement and our obligation to deliver the ordered and confirmed products will lapse. If the amount is received on our account after the set period, this will be considered as a new offer, which we can accept or refuse in accordance with article 2. If we do not (cannot) accept your new offer, the amount will be refunded by us.
5.2. If you have a legally established or undisputed claim against us, you can set it off against the payment claim we have against you.
5.3. You may only exercise a right of retention if our mutual claims relate to the same contractual relationship.

Article 6. Delivery and term of delivery
6.1. Unless otherwise agreed, delivery will be made to the address you provided during the ordering process. We reserve the right to make partial deliveries. If this is the case, we will inform you of this in the shipping confirmation.
6.2. We use a standard shipping method. You will be informed of this during the course of the order process. 6.3. In principle, we apply a delivery period of 5 to 8 days from the date of receipt of your payment.
6.4. Circumstances may arise at our premises as well as those of our suppliers and service providers (e.g. logistics service providers) which cause a delay in delivery beyond our control. We will inform you as soon as we become aware of such circumstances. If the products are not yet available after the extended delivery period, we may terminate the contract in whole or in part. If, due to the delay, it is unreasonable for you to accept the products, you can terminate the agreement. In such a case, you may notify us in writing and we will immediately refund the amounts paid by you, without prejudice to any other right you may have in this respect. 6.5. If, at the time of delivery, the packaging is so damaged that its contents could be damaged, you are obliged to notify the courier immediately, refuse delivery and inform us so that we can assert any rights against the courier. Your right of revocation, warranty and any other rights in this respect remain unaffected by this provision.

Article 7. Right of withdrawal
7.1. You have the right to withdraw this agreement without giving reasons within 14 days from the day on which you, or a third party appointed by you, take possession of the last product of your order.
7.2. In order to be able to exercise your right of withdrawal, you must unambiguously inform us of your decision to withdraw before the expiry of the withdrawal period. You may do this by using this (Dutch) or this (French) model withdrawal form, which is not obligatory, or by providing another unambiguous statement in which you declare that you withdraw from the contract. In order for you to have exercised your right of withdrawal within the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before this period has expired.
7.3. If you inform us in due time of your decision to withdraw from the contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a method of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event within 14 days from the day on which you informed us of your decision to withdraw from the contract. For this refund, we will use the same means of payment as the one used by you in the context of your order, unless you have expressly agreed to another means of payment. In any case, you will not incur any costs as a result of such reimbursement. We reserve the right to suspend the refund until we have received all the products back, or until you have demonstrated that you have returned the products, whichever comes first. You must return the products in respect of which you exercise the right of withdrawal without undue delay and at the latest within 14 days of the day on which you notify us of your decision to withdraw from the contract. This period shall be deemed to have been respected if you return the goods before the period of 14 days has expired. You shall only bear the direct costs of returning the goods. In the case of products which, due to their nature, cannot be returned by ordinary post, the cost of returning the goods is 49 EUR (incl. VAT). You shall only be liable for any reduction in the value of the products resulting from their handling which goes beyond what was necessary to determine the nature, characteristics and functioning of the products.
7.4. Both for the notification of your decision to exercise the right of withdrawal and for the return of the products concerned, you can use the contact details mentioned in article 1.2.
7.5. You cannot exercise the right of withdrawal for products which have been manufactured according to your own specific specifications or which are clearly tailored to your personal needs or which, by their nature, cannot be returned.

Article 8. Retention of title
8.1. As long as the delivered goods have not been paid in full, they remain our property. Nevertheless, the risks of loss, theft or destruction of the delivered goods shall pass to you in full from the moment the goods are delivered to you.
8.2. You therefore undertake to inform third parties, such as, but not limited to, potential distraining creditors, of the seller's retention of title.
8.3. You are obliged to take care of the goods subject to retention of title and to store them in a place suitable for keeping them in perfect condition.

Article 9. Reservation of title by the seller
We reserve the right, in particular if problems have arisen in the past with the same customer or his family members, as well as if problems have arisen in the past at the delivery address given or in the case of outstanding invoices, not to accept the order or, if necessary, to dissolve the agreement without being liable to pay any compensation to the buyer, but subject to reimbursement of any sums paid.

Article 10. Liability
10.1. We do everything possible to ensure that our webshop is available and that the connections are faultless. However, due to the nature of the internet, we cannot guarantee this. In addition, your access to the webshop may sometimes be suspended or limited to allow us to make improvements or maintenance or to offer a new functionality or a new service. We will endeavor to keep the frequency and duration of these suspensions or restrictions to a minimum.
10.2. In all cases where our liability can be shown, to the extent permitted by law, this liability will be limited to the amount you actually paid for a product. Nothing in these terms and conditions is intended to limit or exclude our liability in the event of willful intent, gross negligence or in the event of death or bodily harm caused by our acts or omissions, nor to prejudice the statutory guarantee scheme.

Article 11. Proof
You accept that electronic communication that has taken place in response to your order may serve as evidence.

Article 12. Privacy
12.1. When entering into the agreement, you must provide us with certain personal data. Although we will treat these data as confidential information, in some cases we are obliged to share these data with third parties in order to guarantee the correct processing of the order. The data that can be passed on are data that are strictly necessary for the execution of the agreement.
12.2. We can also use your data to inform you about promotions, services, renewals and actions of the seller. If you no longer wish to receive such information, please notify us in writing on/via: web@giardino-online.com. 12.3. You can request, correct, change or delete your data. You can contact us on/via: web@giardino-online.com.
12.4. For more information about our integral processing of personal data, you can consult our privacy statement and our cookie policy here.

Article 13. Validity
If any provision (or part of a provision) of these General Terms and Conditions is unenforceable or conflicts with a mandatory provision, this will not affect the enforceability and validity of the remaining provisions of these General Terms and Conditions, or the part of the provision in question that is not unenforceable or does not conflict with a mandatory provision. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that is as close as possible to the purpose and intent of the original provision.

Article 14. Applicable law, forum and out-of-court dispute resolution
14.1. Any dispute arising from or relating to the interpretation or execution of these general terms and conditions or any agreement entered into under these general terms and conditions shall be governed by Belgian law and shall fall under the exclusive jurisdiction of the courts of the place of the seller's registered office.
14.2. You are also informed that you have the possibility to try to resolve any dispute out of court. To do so, please contact the Federal Government's Consumer Mediation Service at https://consumerombudsman.be/en. The European Commission also offers consumers a platform for alternative dispute resolution. The Belgian ODR contact point can be reached via https://www.eccbelgium.be/about-ecc/odr-contact-point. However, we are not obliged to participate in this form of out-of-court dispute resolution.

Article 15. Amendment of these general terms and conditions
Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner, on the understanding that in the event of any applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

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