GENERAL TERMS AND CONDITIONS
Article 1 – Company details
Article 1 - Contract
a. Unless stipulated otherwise in writing, the present general terms and conditions apply to every order placed via www.theburger.be. If a B2B contract is involved, these conditions also take priority ipso jure over the terms and conditions of the professional buyer.
b. This contract constitutes the full agreement between the parties and replaces any possible earlier contracts and agreements, unless subject to the express written approval of both parties.
At the buyer´s request, a copy of the general terms and conditions can be furnished by post or e-mail (firstname.lastname@example.org).
c. Contracts are concluded subject to the availability of the products. If a product is temporarily not in stock, Burger® shall indicate when the product will be available once again.
Article 2 – The price
a. All prices are expressed in EURO, including 21% VAT and excluding shipping expenses. Prices are not increased during the term of the offer, unless legal measures make this necessary or if the manufacturer increases prices in the interim.
b. All prices on the site are offered under reservation of spelling errors or misprints, for which Burger® can never be deemed liable.
c. The price indicated on the website relates exclusively to the described article. If use is made there of accompanying photos for decorative reasons, those photos may depict products that are not included in the price.
Article 3 – Payment
Burger® uses the services of the payment processing company MOLLIE, which offers the customer a choice between several payment methods.
Article 3 – Delivery and execution
a. A fixed delivery fee is charged for standard deliveries within the BENELUX. The standard rate does not apply for deliveries outside the BENELUX, for which a higher delivery fee can be charged.
b. The place of delivery is the address communicated by the buyer.
c. Burger® will then deliver accepted orders with the necessary speed, and within a maximum of 30 days, via a courier service chosen by Burger®. If you are not at home at the moment of the delivery, the courier service will ask one of your neighbours whether they can accept the package. If no one can accept the package, the courier service will take the order back to its warehouse. In both cases the deliverer will leave behind an "attempted delivery notice" with the necessary information, such as the name of the neighbour or information for communicating a delivery option.
d. If the order should nevertheless experience a delay, or if an order can only be carried out in part, the customer receives notice thereof within 30 days after the order was placed by the customer. In such a case the customer is entitled to dissolve the contract free of charge, after which Burger® shall reimburse the customer within 14 days.
Article 4 - Reservation of title
The delivered articles remain the exclusive property of Burger® until the moment of full payment by the buyer. The buyer undertakes as necessary to draw the attention of third parties to the reservation of title of Burger® in the case of third-party attachment.
Article 5 – Warranty
a. The statutory warranty applies to all products purchased from Burger® if there should be defects that are the result of production or material errors. The warranty period is two years, counting from the order date. To invoke the warranty, a proof of purchase must be produced, as well as a proof of the production or material error.
b. Defects that are caused by accidents, negligence or improper use by the buyer do not fall under this warranty.
Article 6 - Right of withdrawal for consumers
a. If you are a private consumer, you have a reconsideration period of 14 calendar days after receipt of the product and then 14 calendar days to return a purchased product. The right of withdrawal does not apply for business customers (B2B).
b. In order to exercise the right of withdrawal, the consumer must inform Burger® via an unambiguous statement by post or e-mail (email@example.com) that one wishes to exercise the right of withdrawal.
c. Return is not possible if:
- the package was opened;
- the original proof of purchase of the product is not produced;
- it is a custom-made product;
- it concerns a product sold at discount;
- the product has a delivery time of more than one week.
Article 7 – Return shipments
a. The costs for returning the goods shall be borne by the buyer. After receipt of the returned goods Burger® will reimburse the received payments (excluding the delivery costs) within 14 days by the same means of payment as that with which the buyer conducted the original transaction, unless the buyer expressly consents to some other means of payment.
b. The buyer can return the products to the following address:
c. If Burger® is obliged to find that the returned product is damaged, the damage amount is deducted from the amount to be reimbursed by Burger®.
Article 8 - Defects or wrongly delivered goods
a. The buyer is obliged to verify the delivered products immediately upon receipt. If it appears that the product is incorrect or incomplete, the buyer must (before sending back to Burger®) report these shortcomings within 8 days after receipt, by signed and dated letter or by e-mail (firstname.lastname@example.org).
b. If Burger® finds the complaint to be well-founded, it reserves the right to either replace the delivered items free of charge or to offer a compensation.
Article 9 – Payment
a. All invoices are payable immediately in cash and without discount at the time of order at the registered office of Burger® (VERS INTERIEUR BV, 8340 MOERKERKE, Scheewege 2). An order that has not been successfully paid will not be processed.
b. Protests concerning invoiced amounts must be formulated, with justification, by registered letter within 8 days after receipt of the invoice.
Article 10 – Customer support
If the buyer has specific questions about the products (colour, availability, etc.) or wishes to make a complaint, contact can be made via email@example.com.
Article 11 – Privacy
Burger® is responsible for the protection of your personal data and undertakes to protect them as well as possible. If you wish, you can always object to the processing of the data communicated by you. In addition, you also have the right to access your personal data, as well as to correct them. For this purpose you can contact us by e-mail via firstname.lastname@example.org.
Article 12 - Hardship
Burger® reserves the right to cancel or suspend contracts whose execution has become impossible, very difficult or all-too exorbitant, for reasons beyond its control that would prevent the normal fulfilment of the contract - including, but not limited to strike, lockout, plant occupation, full or partial stoppage due to an administrative measure, import and export restrictions, disasters, pandemics, the untimely or non-fulfilment by a third party of his/her obligations vis-à-vis Burger®, or any other reason arising outside of the fault or risk of Burger® - until such time as said reason has ceased to exist, without right to compensation for the customer.
Article 13 – Dispute resolution
In case of dispute and/or payment default, exclusively the courts of the judicial district of West Flanders, department of Kortrijk, shall have jurisdiction. The contract between the parties is governed by Belgian law.
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