General terms & conditions
Terms and Conditions
GENERAL SALES TERMS AND CONDITIONS - WEBSHOP ‘www.lickmybutton.com'
Waarloosveld 19A, 2550 Kontich, Belgium
Tel.: +32 3 430 6633
RPR 0881.546.490 (Antwerp)
Article 1: General provisions
The e-commerce website of PAHOEHOE, a VOF with its registered office at Waarloosveld 19A, 2550 Kontich, VAT BE 0881.546.490, RPR 0881.546.490 provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of PAHOEHOE VOF, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by PAHOEHOE VOF.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for PAHOEHOE VOF. With respect to the accuracy and completeness of the provided information, PAHOEHOE VOF is solely bound to obligation of means. PAHOEHOE VOF is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by PAHOEHOE VOF. PAHOEHOE VOF cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
•By clicking on the products, the customer navigates to the product details. The product is placed in the virtual shopping basket by entering the requested quantity and clicking on the “Add to Cart” button.
•If a customer does not wish to purchase additional goods, they can continue via the "Process Checkout" button. Registered customers can enter their user names and passwords here to automatically use their saved information for the order. Alternatively, the customer can register as a new customer and set up a customer account or continue the purchase without setting up a customer account. In such a case, the customer must enter their address and invoice information.
•By further clicking on the "Confirm" button, the customer reaches the penultimate order stage "Validate order". The customer has access to an overview of the order here with details of the price (including the statutory VAT) and details of the delivery service and costs.
•The order is entered into by clicking on the "Pay Now" button. This means a binding offer has been made with the obligation to pay.
The Customer may choose between the following payment methods (Processed by Lightspeed Payments / Mollie):
•by credit card
•by bank card
If you want to pay offline, you can also choose 'invoice' as payment method:
• Pay offline: just confirm your order and afterwards you will receive the payment instructions in your confirmation email. We process your order as soon as we have registered the payment.
• As public administration and certain companies (after approval) we can process the order as soon as we have received the Purchase Order (Bon de Commande) or correct reference. Invoice and payment details will follow afterwards.
PAHOEHOE VOF is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the "Pay Now" button the customer makes a binding offer to enter into a purchase contract. The customer thereupon receives an automated confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with PAHOEHOE VOF is only concluded when PAHOEHOE VOF sends the ordered product to the customer and the shipping to the customer is confirmed by e-mail (shipping confirmation).
Articles ordered via this webshop will be delivered in Europe.
Shipping occurs by BPOST, delivery by its local partners.
Delivery time is 2-8 days from date of dispatch.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to PAHOEHOE VOF.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by PAHOEHOE VOF.
Article 6: Retention of title
Delivered articles remain the exclusive property of PAHOEHOE VOF until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to PAHOEHOE VOF, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Cancellation Policy
Consumers are entitled to the right of withdrawal according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity:
Right of withdrawal
The Customer shall have a period of fourteen days to withdraw from this contract, without giving any reasons.
The withdrawal period is fourteen days from the day the Customer or a third party designated by the Customer (other than the carrier) took possession of the last goods.
In order to exercise right of withdrawal, the Customer needs to inform PAHOEHOE VOF, Waarloosveld 19a, 2550 Kontich, Belgium / firstname.lastname@example.org by means of a clear statement (e.g. mailed letter, e-mail) of the decision to withdraw from this contract.
In order to observe the withdrawal period, it is sufficient to send out the notice of withdrawal before the expiration of the withdrawal period.
Consequences of withdrawal
If the Customer withdraws from this contract, we are obligated to refund all the Customer payments, including shipping costs (with the exception of additional costs for other delivery methods than our offered standard delivery) immediately and at the latest within fourteen days from the day we have received notice of withdrawal from the contract. We will use the same payment method for the refund that you have used for the original transaction, unless we agree otherwise. In no case are there any fees associated with this refund. We may refuse a refund until we have received the returned goods or until you provided proof that you have returned the goods, whichever occurs first.
The Customer needs to return the goods immediately and at the latest within fourteen days from the day the Customer has informed PAHOEHOE VOF about the withdrawal from this contract. You are in observance of the withdrawal period as long as you send out the goods before the fourteen days are expired.
The Customer is responsible for the shipping costs of the returned goods.
The Customer needs to compensate for a possible loss in value of the goods only in the case this loss of value can be traced back to unnecessary handling and examination of the quality, features and functionality of the goods on your part.
If the Customer has requested to start the provision of services (design, repair, study, ...) during the withdrawal period, the Customer will pay a proportionate amount to the full performance of the agreement. Proportionate to what has already been processed until the time that he has informed PAHOEHOE VOF that he is canceling the contract.
Exemption or premature expiration of withdrawal
*There is no right of withdrawal for contracts that include not prefabricated but customised or personalised goods specifically selected and ordered by the the Customer;
*Service contracts after the full performance of the service;
*The supply or provision of goods or services whose price depends on fluctuations in the financial market on which PAHOEHOE VOF has no influence and which may occur within the withdrawal period;
*Agreements whereby the Customer specifically asked PAHOEHOE VOF to visit him to carry out urgent repairs or maintenance;
*Agreements concluded during a public auction;
*The provision of accommodation and equipment if a certain date or period of execution is provided for in the agreements;
Please avoid damaging or staining the goods. If possible, return the goods in their original packaging with all accessories and parts they came with. If necessary, use a protective outer packaging. If you do not have the original packaging at hand, make sure you use adequate packaging to protect the goods from transportation damages.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the PAHOEHOE VOF customer service and to return the product at their own expense to PAHOEHOE VOF.
Upon detection of a deficiency, the Customer must inform PAHOEHOE VOF as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
PAHOEHOE VOF customer service can be reached at phone number +32 3 430 66 33, via e-mail at email@example.com or by mail at the following address Waarloosveld 19A, 2550 Kontich, Belgium. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that PAHOEHOE VOF is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, PAHOEHOE VOF is entitled to take back the unpaid or incompletely paid goods at cost of the Customer.
Article 11: Privacy
The responsible party for processing information, PAHOEHOE VOF respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to PAHOEHOE VOF, Waarloosveld 19A, 2550 Kontich, firstname.lastname@example.org. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at PAHOEHOE VOF, Waarloosveld 19A, 2550 Kontich, email@example.com.
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus PAHOEHOE VOF has no access to your password.
PAHOEHOE VOF saves online visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org.
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. We use them for Google Analytics.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by PAHOEHOE VOF to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of PAHOEHOE VOF. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the PAHOEHOE VOF district have jurisdiction in the case of any disputes.