Terms and conditions
Article 1. Company details
This website and webshop are owned by the company "Winters, Elke", with registered office at 3600 Genk, Tronkstraat 13, registered in the Crossroads Bank for Enterprises under number 0803.459.116 with VAT number BE0803.459.116. Hereinafter referred to as "Grimeershop".
Article 2. Applicability
These general terms and conditions apply to every order placed at Grimeershop.be and to every agreement subsequently concluded between Winters Elke and the customer. Winters Elke reserves the right to change these general terms of sale at any time by publishing a new version.
Article 3. Online order
3.1 Grimeershop.be reserves the right to refuse an order in case of force majeure, depletion of stock, a serious suspicion of abuse of rights or bad faith. For a custom order, a quotation is drawn up based on the information provided by the customer. The customer bears full responsibility for its accuracy.
3.2 The ordering procedure via Grimeershop is as follows:
Select the desired product and add it to the shopping cart.
Click the 'Proceed to checkout' button, after which delivery choice, payment method, and address details are requested.
Click the 'Place order' button to confirm the order and complete payment via a secure connection.
After placing the order, Grimeershop sends an order confirmation by email.
If the products are in stock, a second email is sent when the store has shipped your order. Orders require 2 to 3 business days to be processed. We then hand them over to Bpost. They in turn need 1 to 2 business days to deliver.
Article 4. The agreement
4.1 The agreement is concluded, subject to the provisions of article 4.4, at the moment the customer accepts the offer and fulfills the conditions set forth.
3.3 Each offer contains such information that it is clear to the customer what rights and obligations are attached to acceptance of the offer. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
4.2 If the customer has accepted the offer electronically, Grimeershop will promptly confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by Grimeershop, the customer may dissolve the agreement.
4.3 If the agreement is concluded electronically, Grimeershop takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, Grimeershop will observe appropriate security measures.
4.4 Within legal limits, Grimeershop may assess whether the customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. If Grimeershop has good grounds based on this investigation to not enter into the agreement, it is entitled to refuse an order with justification or attach special conditions to the execution.
Article 5. Online purchases
4.5 No later than delivery of the product to the customer, Grimeershop will provide the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium: the main characteristics of the product(s); the total price of the product(s), including all taxes and additional costs; the method of payment; the conditions, term, and modalities for exercising the right of withdrawal by the customer-consumer.
Article 6. Delivery and shipping conditions
6.1 Products are delivered in Belgium and the Netherlands.
6.2 Grimeershop strives to deliver the products within the period indicated at the time of ordering (this period is updated in the order confirmation). Delivery times are respected as much as possible. Exceeding any delivery time does not entitle the customer to any compensation. Grimeershop is not responsible for delays by its suppliers or transport companies. If, due to force majeure or other unforeseen circumstances, there is an abnormal delay in the delivery time, either at Grimeershop itself or at its suppliers, Grimeershop will inform the customer without delay, including information about the updated delivery time.
6.3 Grimeershop is not liable for damage caused by incorrect and/or incomplete data provided by the customer. Incorrect delivery addresses are the responsibility of the customer and may lead to additional costs borne by the customer.
6.4 If the customer requests a delivery method that differs from the method used by Grimeershop, any additional costs will be charged to the customer.
6.5 The risks of loss and damage to the products transfer to the customer at the time of delivery. However, if the customer does not meet their contractual obligations, the risk of loss and damage transfers to the customer at the time delivery should have taken place without breach on the customer's part.
6.6 Customers may cancel free of charge if goods cannot be delivered within 30 days after the conclusion of the agreement for any reason, in accordance with art. VI.43 of the Belgian Code of Economic Law.
Article 7. Provisions regarding receipt
7.1 The customer is required to check the quantity and condition of the products upon delivery.
7.2 In case of damage or if the delivery does not correspond to the order, the customer must inform Grimeershop by registered letter within a period of seven business days from receipt of the product(s). In such a case, Grimeershop will deliver identical replacement products or refund the invoice amount to the customer. If damage or non-conformity of the delivery is not reported to Grimeershop within the aforementioned period, Grimeershop reserves the right to refuse exchanges and refunds.
7.3 If the customer, after Grimeershop has sent a shipping confirmation, has not received the product within a period of seven days, they must notify Grimeershop in writing so that Grimeershop can investigate what happened to the shipment. If the shipment is indeed lost, Grimeershop will send a new shipment to the customer at no additional cost. However, returns sent by customers that get lost are the responsibility of the customer, not Grimeershop.
Article 8. Price – invoicing
8.1 All stated prices always include VAT. If transport, reservation, or administrative costs are charged, this will be stated separately. Additional costs are charged for registered shipments and express shipments (on request only).
8.2 For all orders, the prices valid on the day are charged on the website. Orders are invoiced in accordance with the VAT rate valid on the day of the order.
8.3 Grimeershop reserves the right to change the prices stated on the website when price changes occur.
Article 9. Retention of title
The delivered goods remain the property of Grimeershop until full payment of the price, including all costs and charges.
Article 10. Returns – right of withdrawal
10.1 The provisions of this article apply only to customers who purchase products online in their capacity as consumers (natural persons acting for purposes outside their trade, business, craft, or profession).
10.2 The customer has the right to withdraw from the agreement to purchase the ordered product within 14 days without giving any reason. This period expires 14 days after the day on which:
you (or someone acting on your behalf) take possession of the purchased goods;
you (or someone acting on your behalf) take possession of the last purchased good or a part of it (in case of delivery of multiple goods or parts within one order);
you (or someone acting on your behalf) take physical possession of the first good (in case of regular delivery of goods over a certain period).
10.3 To exercise the right of withdrawal, you must inform Grimeershop in an unambiguous manner that you have decided to withdraw from the agreement. You can do this by post or email.
10.4 When the customer exercises the right of withdrawal, they must immediately, and no later than 14 days after the day on which they informed us that they withdraw from the agreement, return the purchased good to Winters, Elke, Tronkstraat 13, 3600 Genk. The return shipping costs and/or transport costs are borne by the customer. The customer undertakes to return the good in perfect condition, in its original packaging and accompanied by the invoice or delivery note to Winters, Elke, Tronkstraat 13, 3600 Genk. In case of damage or incomplete return, we reserve the right to charge the consumer compensation equal to the depreciation of the good resulting from handling beyond what was necessary to establish the nature, characteristics, and functioning of the good.
10.5 Grimeershop undertakes to refund all payments received from the consumer within 14 days after we have been informed of your decision to withdraw from the agreement and once we have received the goods back, or after you prove that you have returned them to us.
Article 11. Payment for the goods
11.1 Invoices are sent with the products or sent to the billing address if it differs from the delivery address. Invoices are payable at the registered office of Grimeershop on the due date, net without discount, unless otherwise stated on the invoice.
11.2 Unless expressly agreed, a complaint filed with Grimeershop does not give the customer the right to stop, postpone, or apply any compensation in their favor to an outstanding payment or part thereof.
11.3 Grimeershop reserves the right to refuse any new order if overdue invoices remain unpaid until the moment of full payment of all outstanding invoices of the customer.
11.4 On the due date, invoices are automatically and without notice of default increased by a conventional interest of 1% per month. In addition, the invoice amount is increased by 10% with a minimum of EUR 125.00, automatically and without notice of default as soon as an invoice is not paid on its due date, as liquidated damages. If an invoice is not paid on the due date, all unpaid invoices become immediately due.
Article 12. Warranty and complaint handling
12.1 The products are covered by the warranty as provided in the law of 21 September 2004 on the protection of consumers in the sale of consumer goods. This law provides the consumer with a warranty in case of non-conformity of the consumer good, meaning when the delivered good does not correspond to the requested or ordered good. The consumer cannot invoke the legal warranty for changes in deadlines or changes in the place of delivery or for defects of which they were aware at the time of sale. The legal warranty can be invoked if non-conformity of the delivered good is established within 2 years from the delivery of the good. This legal warranty starts from the delivery of the good to the consumer.
12.2 For questions, comments, or complaints, the customer can contact Grimeershop at any time via the contact details listed on the website. Grimeershop will handle the customer's request as soon as reasonably possible and will contact the customer involved. If the question, comment, or complaint relates to the warranty, the manufacturer/producer must in principle be involved, which may cause the handling of the request or complaint to take more time.
Article 13. Intellectual property rights
The content of this website, including the name, logos, photos, product and company names, texts, drawings, images, information and the like are protected by intellectual property rights and belong to Grimeershop and/or third-party rights holders. Nothing may be used without prior and express permission.
Article 14. Privacy – data policy
14.1 Grimeershop does not sell customers' personal data to third parties and handles them strictly in accordance with applicable legislation and its policy regarding confidentiality. Grimeershop's privacy policy is published on its website.
14.2 In accordance with applicable legislation, the customer has the right to access and correct their personal data.
Article 15. Applicable law – dispute resolution
15.1 In case of dispute, Belgian law applies.
15.2 The parties agree to first resolve any disputes between themselves informally and with the utmost discretion. If the aforementioned informal settlement does not lead to a solution, the dispute will be submitted to the ordinary courts. The courts and tribunals of the judicial district, Kortrijk division, are exclusively competent to hear any dispute arising from this Agreement or related to it that is not resolved in accordance with the aforementioned informal procedure.
15.3 In case of out-of-court dispute resolution, the Consumer Ombudsman Service of the FPS Economy is competent to receive any request for out-of-court resolution of consumer disputes. It will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Service via this link:
www.consumentenombudsdienst.be/nl
15.4 For disputes with a cross-border nature, you can also make use of the European Union's Online Dispute Resolution platform via this link:
15.5 Grimeershop has subscribed to the regulations of the UNIZO e-commerce label.
These regulations are available at www.unizo.be/ecommercelabel/ where you can also submit complaints or resolve disputes out of court via UNIZO's complaint procedure.
Article 16. Address details
Winters, Elke Tronkstraat 13 3600 Genk Belgium VAT BE0803.459.116 Email: [email protected] Tel: 0470/61 97 65