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Terms and Conditions
Article 1. Application of General Terms and Conditions
- These general terms and conditions apply to all offers from and agreements with BV BIANA, with company number 1015.010.473, with registered office at 3500 Hasselt, Rederijkersstraat 46/5, regardless of conflicting provisions stated on documents of the customer. By placing an order or booking an appointment, the customer acknowledges accepting the general terms and conditions of BV BIANA.
- Deviations from these terms and conditions are only binding in consultation and when BV BIANA has explicitly confirmed these deviations to the customer in writing.
- The nullity or invalidity of a provision or part of a provision from these terms and conditions has no consequences for the operation of the other provisions. The contested provision is deemed to stand alone and not to apply.
Article 2. Offer
A complete and accurate description of the products offered is given in the webshop. The images in the webshop are a true representation of the products offered. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. Obvious mistakes and errors in the offer do not bind BV BIANA.
Article 3. Agreement
- Placing an order via the webshop automatically results in the customer sending a binding offer for the conclusion of a purchase contract. We accept this offer by delivering the ordered goods. The order is always confirmed electronically.
- BV BIANA sells its goods exclusively via the webshop to buyers who have reached the age of at least 18 years. Minors cannot place orders through our webshop, with the permission of the parent(s) or legal guardian. If we notice that an order was placed by a minor, we will refuse this order.
Article 4. Price
- The price is clearly indicated in euros in the webshop and always includes VAT.
- If the price indication has been displayed in error due to a technical or human error, BV BIANA is not bound by this offer.
- The shipping costs are calculated based on the type of package (small, normal or large volume) to be delivered as well as on the country to which the package is sent.
Article 5. Payment
- The customer can choose from the following payment options: either by bank transfer (consumer will then receive an e-mail with a transfer form and all useful data) or by credit card, PayPal, Bancontact/Mister Cash or i-Deal (consumer will receive the link to the respective chosen secure site).
Payment is always made prior to confirming the order.
- If BV BIANA has not received the amount due within 7 days, it has the right to dissolve the agreement with the consumer.
Article 6. Ownership and risk
- All articles remain the property of BV BIANA until the buyer has paid the full amount.
- As soon as the buyer is given physical possession of the goods, the risk passes. From this point on, the risk of loss or damage will pass to the buyer.
Article 7. Right of withdrawal
- The customer must handle the product and packaging with care. Products that are not in the original condition and/or in the original packaging cannot be exchanged.
- The customer has the right, during a cooling-off period of 14 days, without giving reasons, to dissolve the purchase agreement with regard to products and accessories that have still been concluded. This cooling-off period starts on the day that the customer has received the product.
- In case of doubt about the suitability of the products with a view to the right of withdrawal, BV BIANA will check the suitability of the products. BV BIANA will make a decision about the suitability of the product within a period of 7 calendar days.
- If the products and accessories are suitable to be returned, the customer must send a written notification to BV BIANA within the cooling-off period. BV BIANA will confirm the success of exercising the right of withdrawal by the customer as soon as possible. After receipt and inspection of the products, BV BIANA will proceed to a refund as soon as possible.
- If the customer is responsible for the depreciation of the product, BV BIANA can ask the customer to compensate the damage.
- The customer bears the risk and costs of returning the product. All products must always be returned with the purchase invoice in the original packaging.
Article 8. Shipment
- BV BIANA undertakes to dispatch the articles as soon as possible after receipt of the order, with a maximum period of 30 days. If BV BIANA fails to deliver the products within this period, the customer has the right to dissolve the agreement without giving any reason and free of charge.
- If the customer opts for the shipment of the goods, BV BIANA bears the risk of damage and loss until the moment of delivery. From the moment of delivery, this risk will pass to the customer.
- BV BIANA relies on the correctness of the information provided by the customer. Since the customer is responsible for this, BV BIANA cannot be held liable for any damage resulting from mistakes.
Article 9. Liability
BV BIANA is in no way responsible for the correct application and/or use of the physical goods by the consumer. To the fullest extent permitted by applicable law, BV BIANA is not liable for any direct or indirect damage that may arise as a result of the use of the physical goods.
Article 10. Warranty
BV BIANA ensures that the products it offers comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. BV BIANA refers to the existence of the legal guarantee of conformity of goods.
Article 11. Force majeure
- Situations such as strikes, pandemics, administrative measures, long-term illness and other unexpected events, over which BV BIANA has no control, release BV BIANA from its obligations for the duration of the nuisance and for their scope, without the right to any price reduction or compensation for the customer.
- If it is concluded in the above situation that it is no longer possible to reasonably fulfill the obligations, the agreement will be reviewed or dissolved in mutual consultation. Any performances already delivered by BV BIANA up to the moment of force majeure will still be invoiced.
Article 12. Applicable law
- Belgian law applies to the agreements of BV BIANA. Any dispute regarding the conclusion, validity, implementation and/or termination of this agreement will be settled by the competent court of the district of Limburg, Hasselt department.
- In case of disputes, the consumer must first contact BV BIANA to reach an amicable settlement.
Article 13. Copyright
All photos, texts and logos on this website and other communication channels are protected by copyright. It is prohibited for third parties to copy, publish or use this content in any other way without written permission from BV BIANA.
Article 14. Privacy
- The customer has the right to inspect and possibly correct his or her personal data, subject to proof of identity (e.g. on the basis of a copy of the identity card). Requests must be submitted to BV BIANA in writing, dated and signed. This can be done via info@binaparts.eu. BV BIANA makes every effort to update the data as soon as possible.
- The data that BV BIANA collects relates to the customer himself and is only kept for the purpose of concluding a purchase agreement.
- The customer’s first name and surname, address, telephone number, e-mail address and the content of the order are kept. For questions about the privacy policy, it is possible to reach BV BIANA by e-mail (info@binaparts.eu).
