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General sales conditions

GENERAL SALES CONDITIONS

0. Identity of the seller

Damhert NV     
Kapelstraat 154, 3550 Heusden-Zolder (Belgium)          
RLP Antwerp, Department of Hasselt   
VAT BE 0429 586 472  
Tel.: +32 (0)11 42 50 39
Email: info@damhert.com       
(hereinafter referred to as “Damhert”)

1. Application of the General Terms and Conditions:

1.1. These General Terms and Conditions regulate the relationship between the buyer (hereinafter also referred to as “you” or “your”) and Damhert (hereinafter also referred to as “we” or “us”) and are therefore applicable (i) to your use of www.damhert.be or www.damhert.com (hereinafter referred to as the “Website”), (ii) to any offer made by Damhert to you and (iii) to any sales contract concluded between Damhert and you.

1.2. During the ordering process (Article 2.4 – Step 3), before you click the “Next Step” button to proceed with your payment and finalise the distance purchase, you are requested and expected to carefully read through these General Terms and Conditions. You must also explicitly accept these General Terms and Conditions when placing an order. The relationship between you and Damhert are solely governed by the present General Terms and Conditions. Other terms and conditions shall apply only if they have been accepted by us in advance and in writing. In the event of any conflict, the present General Terms and Conditions shall prevail.

1.3. Damhert is entitled to modify these General Terms and Conditions at any time. Any order placed after a modification in the General Terms and Conditions shall occur under the assumption that you have accepted this modification.

2. Offer, price, costs, order and acceptance of the order:

2.1. Despite the fact that the online catalogue and the Website have been compiled with the greatest possible care, it is nevertheless possible that the information provided therein is incomplete, incorrect or no longer up-to-date. Obvious mistakes or errors in the offer are not binding on Damhert. With respect to the accuracy and completeness of the information provided, Damhert is only subject to an obligation of means. Damhert is in no way accountable for any material errors or typesetting or printing errors.

The offered products and presentation of the products on the Website merely constitute an offer to the buyer, subject to contract, for ordering products from us and is always subject to availability.

2.2. The prices, as indicated at the time of placing the order, shall apply. Damhert reserves the right to correct any possible errors (e.g. those caused by technical defects). The prices listed on the Website are valid for as long as they are displayed online and while stocks last. All prices are inclusive of VAT.

The indicated price is only applicable to the products as described verbatim. The accompanying pictures are intended as decoration and may contain elements that are not included in the price or that deviate from the actual product.

2.3. If shipping, reservation or administrative costs are charged, this will be mentioned separately in the price details on the “Order Summary” tab page (Article 2.4 – Step 3).

2.4. The ordering process consists of the following steps:

  • Step 1: You can select individual products and collect these in an electronic shopping cart by clicking the  button. You can review the chosen products, quantity and price on the “Shopping Cart” tab page. From the “Shopping Cart” tab page, you can go to the “Your Details” tab page by clicking the “Next Step” button.
  • Step 2: You must register on the “Your Details” tab page. You will be requested to enter your contact details and a delivery address, if this is different from the address given in your contact details. From the “Your Details” tab page, you can go to the “Order Summary” tab page by clicking the “Next Step” button.
  • Step 3: You can review your order, the price and shipping costs on the “Order Summary” tab page. You may also enter a discount code, if applicable. Before confirming and paying for the order, you must explicitly accept these General Terms and Conditions by checking the provided box. From the “Order Summary” tab page, you can continue to the tab page of our payment provider INGENICO by clicking the “Next Step” button.
  • Step 4: On the tab page of our payment provider INGENICO, you can select the desired payment method (AMERICAN EXPRESS, VISA, MASTER CARD, BANCONTACT and IDEAL). Once you have selected the payment method, you will be directed to the subsequent tab page, where you must enter your payment details and finally confirm the payment by clicking the “Yes, I confirm my payment” button. Until you have clicked this button, you are free to change the order and your details at any time.
  • Step 5: Once the payment is successfully completed, your order and payment are confirmed on the “Confirmation” tab page.

2.5. An order becomes binding only after you have entered all the information required for the conclusion of the sales contract, confirmed that you are aware of and accept these General Terms and Conditions, clicked the “Yes, I confirm my payment” button, and the payment has been successfully completed via our payment provider's module. The payment is considered successfully completed when you are returned by the payment provider to our Website. At the end of this process, you can print and/or save your order.

After you have placed your order, you will receive an automatically generated confirmation of receipt for your order via email, along with a PDF version of these General Terms and Conditions.

This confirmation of receipt only acknowledges the fact that we have received your order; it is not an acceptance of the order and does not constitute a sales contract. The order is accepted by us because we deliver the products. The order is delivered after receipt of your payment.

We are free to decide whether or not to accept an order. If we fail to fulfil an order, we will inform you of this without delay via email and if applicable, we guarantee you a refund for the unfulfilled order.

Damhert is entitled to reject orders in the following cases:

  • Exhaustion of stocks or if a product is no longer available
  • If it finds that products/prices have been inaccurately represented on the Website
  • If there is a strong suspicion of an abuse of rights or lack of good faith on your part
  • Force majeure
  • If it can be assumed that you intend to resell the items

2.6. If you have any questions about e.g. the offer, price, sizes, colour, availability, delivery time or delivery method or if you have any doubts regarding the information provided, we request you to contact Damhert in advance at the email address info@damhert.com.

3. Delivery:

3.1. Products are delivered only in the countries indicated on the Website. Damhert uses the services of its suppliers DPD (Benelux) and FEDEX (worldwide) for the deliveries.

3.2. As far as possible and in the normal course of business, orders are shipped within approximately three to five working days of the order date, provided that your details are correct (for customers in countries other than Belgium and the Grand Duchy of Luxembourg, the delivery time may vary). We are entitled to perform partial deliveries.

Incorrectly entered addresses are your responsibility and may give rise to additional costs. PO box addresses and APO military addresses are not accepted.

3.3. If, due to exceptional circumstances, we do not manage to deliver your order within thirty calendar days after the automatically generated confirmation of receipt, you may cancel this order free of charge by contacting us at the following email address: info@damhert.com. We shall refund the full price of the ordered products (including the shipping costs paid by you) within thirty calendar days.

4. Payment - Retention of title/Right of retention - Default interest:

4.1. The payment of your order is executed in accordance with the payment methods offered by the Website (see Article 2.4) and the specified terms and conditions. Depending on the result of the verification of your data, we reserve the right to exclude certain methods of payment. Please note that, based on your agreements with banks and other credit institutions, additional costs may arise for you.

We have opted for a secure payment system. Hence, you will be redirected to our payment provider INGENICO's module in order to enter your card details. The exchange of your data with our systems is secured via an SSL (Secure Socket Layer) certificate.

4.2. The delivered products remain the property of Damhert until full payment of the price, including all costs and charges, default interests and fees. In the event of non-payment, we reserve the right to take back the products, by law and at your expense.

You undertake to inform third parties, if necessary, of the retention of title by Damhert, e.g. a third party which might want to take possession of products that have not yet been fully paid for.

Damhert reserves a right of retention in case of an unpaid invoice.

4.3. Without prejudice to the exercise of other rights held by Damhert, in the event of non-payment or late payment, an interest of 1% per month on the unpaid amount shall be payable by you, by law and without further notice, from the date of the breach of contract. Moreover, a fixed compensation of 10% of the due amount shall be payable by you, by law and without further notice, subject to a minimum of 25 euros per invoice.

In the event of any full or partial non-payment of an invoice on the due date or any other breach of your obligations under the sales contract, we reserve the right, by law and without notice of default, to suspend the execution of all sales contracts concluded with you or to terminate these with immediate effect, without the need for any judicial intervention and to immediately demand the payment of all debts that have not yet become due and payable or only perform the delivery against cash payment, irrespective of previous agreements and without prejudice to any other right that we may choose to exercise.

5. Right of withdrawal

5.1. The provisions of this Article shall apply only if you have conducted, in your capacity as consumer, a distance purchase of products via the Website.

In such a case, you are entitled to withdraw from the sales contract within a period of fourteen calendar days without giving reasons.

The withdrawal period shall expire fourteen calendar days after the day on which you or a third party designated by you, other than the carrier, has taken physical possession of the product.

5.2. In order to exercise the right of withdrawal, you must inform Damhert (address: Kapelstraat 154, 3550 Heusden-Zolder (Belgium), email address: info@damhert.com) by means of an unequivocal notification (e.g. in writing by post or email) regarding your decision to withdraw from the sales contract. For this, you may make use of the standard withdrawal form, although you are not obliged to do so.

In order to comply with the withdrawal period, you must send the notification regarding the exercise your right of withdrawal before the expiry of the withdrawal period.

You must return or hand over the products to Damhert without delay and no later than fourteen calendar days from the day on which you have notified Damhert of your decision to withdraw from the sales contract. You are considered to have fulfilled this requirement in time if the products are returned before the period of fourteen days has elapsed.

The direct costs incurred for returning the products shall be for your account.

5.3. If the returned product has decreased in value in some manner, Damhert reserves the right to hold you liable and claim damages for any decrease in the value of the products resulting from the use of the products by you in a manner that goes beyond what is necessary for determining the nature, features and functioning of the products.

Only items that are still in their initial condition and in their original packaging, accompanied by all accessories, instruction manuals and invoice or proof of purchase, shall be taken back.

5.4. If you withdraw from the sales contract, Damhert shall refund the payment received, including the standard delivery costs, within a maximum period of fourteen calendar days after Damhert has been notified of your decision to withdraw from the sales contract and provided that it has received the products from you or insofar as you have demonstrated that the products have been returned to Damhert (depending on which of these events occurs first).

Damhert shall refund you via the same payment method as used for the original transaction, unless you have explicitly indicated your desire to be refunded in some other manner. In any case, Damhert shall not charge any costs for the refund.

5.5. You may not exercise the right of withdrawal in the following cases:

- Delivery of goods which spoil quickly or which have a limited shelf life

- Delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal is broken after delivery

- Goods which become irrevocably mixed with other products after delivery

6. Force majeure:

In case of force majeure, Damhert is not obliged to fulfil its obligations. In this case, Damhert may suspend its obligations for the duration of the force majeure circumstances or definitively terminate the sales contract without being liable to pay compensation.

Force majeure includes any circumstance that is beyond the will and control of Damhert which prevents it from fulfilling its obligations in whole or in part. This includes: strikes, fire, business failures, power failures, failures in a (telecommunication) network or connection or communication systems used and/or unavailability of the Website of Damhert (and/or that of its partners for the shipping and/or payment of the products) at any time, non-delivery or late delivery by suppliers, etc.

7. Liability:

Damhert is not liable for injury to persons and/or loss of profits and/or indirect or consequential loss (including but not limited to loss of time, emotional damage, loss of income and loss of an opportunity) caused directly or indirectly by the products sold.

Under no circumstances is Damhert liable for any viruses or damage to a computer, telecommunications equipment or other property arising out of a visit to or use of the Website or as a result of downloading material from the Website.

Damhert is not liable for damage arising directly or indirectly as a result of force majeure, errors and/or omissions on the part of Damhert and its legal or de-facto appointed representative or due to any other external cause.

Any contractual or extra contractual liability and/or obligation of Damhert is always limited to the amount, excluding VAT, actually paid by you for the order in question.

8. Copyright and intellectual property:

We have developed the Website for personal and non-commercial use by consumers. The entire content of the Website (including the layout and design of the website, texts, graphics, photos, images, videos, sounds, illustrations and software, etc.) is the property of Damhert or of companies, licensees and/or content providers associated with it. All rights associated hereto and in particular, all intellectual property rights, are controlled by Damhert.

You may download and copy this content only for purely personal, non-commercial purposes, subject to the condition that the content of the material to which the intellectual property rights apply remains in its original state. Copying or storing any content, except for personal, non-commercial purposes, is not permitted.

9. Complaints and disputes – Applicable law:

9.1. In order to be admissible, all complaints must be sent to Damhert to the email address info@damhert.com: (a) immediately after delivery in the case of a complaint related to a non-conforming delivery, (b) within three (3) days after receipt of the invoice in the case of a complaint related to a non-conforming invoice and (c) within two (2) months after discovery of the defect or after the time when such a discovery could reasonably be expected to have been made. The receipt of the products by you covers any defect or non-conformity that could possibly be determined at the time of receipt.

If no satisfactory solution can be arrived at following the above-mentioned complaint, you may contact one of the following recognised bodies with regard to alternative and extrajudicial dispute settlement procedures: (1) the Consumer Ombudsman Service (Consumentenombudsdienst http://www.consumentenombudsdienst.be) or (2) the Online Dispute Resolution (ODR) platform of the European Union (http://ec.europa.eu/odf/).

9.2. The relationship between you and Damhert is governed solely by Belgian law, to the exclusion of the Vienna Convention (C.I.S.G.) and the provisions of international private law.

All disputes regarding the conclusion, validity, interpretation or execution of the sales contract or of the present General Terms and Conditions are subject to the exclusive jurisdiction of the courts of Antwerp, Department of Hasselt.

10. Personal data - Privacy:

Damhert recognises the importance of the private sphere and respects the privacy of all users of the Website. Damhert complies with the Belgian law of 8 December 1992 concerning the protection of privacy in the processing of personal data.

By consulting the Website or by placing an order on the Website, you are granting explicit permission for the processing and use, in conformity with this Article, of your personal data for purposes such as the administration of the customer base, management of orders, deliveries and invoicing, solvency checks, marketing and advertising.

Hence, Damhert may only collect data for internal use and for the purpose of serving you better, both directly through the data provided by you at the time of placing the order as well as indirectly through the use of cookies (see Article 11) that allow Damhert to optimally tailor the content and layout of the site to your needs.

The processing of personal data for marketing purposes and individualised advertising shall only take place if you have explicitly given permission thereto during the ordering process. You are entitled at all times to object, free of charge, to the processing of your personal data for direct marketing purposes. You may contact Damhert at any time in this regard (address: Kapelstraat 154, 3550 Heusden-Zolder (Belgium) or email address: info@damhert.com).

We undertake to treat your data as confidential information and we shall not disclose, rent or sell this to third parties.

You have a legal right to view or correct your personal data. For this, you may send a written, dated and signed request, accompanied by a proof of identity (copy of your identity card), to Damhert (address: Kapelstraat 154, 3550 Heusden-Zolder (Belgium) or email address: info@damhert.com) for receiving a written report of your personal data free of charge. If necessary, you may also request to correct information that is incorrect, incomplete or irrelevant.

Damhert reserves the right to maintain online (anonymous) visitor statistics, in order to see which pages of the Website are visited and to what extent.

If you have any questions regarding this privacy statement, please contact us at info@damhert.com.

11. Use of cookies

To offer you better services, the Website makes use of cookies . When you visit the Website, “cookies” are stored on the hard disk of your computer. A cookie is a text file which is placed by the website server in your computer's browser or on your mobile device when you visit a website. Cookies cannot be used to identify individuals; it can only be used to identify a computer.

We only use “first-party cookies”. These are technical cookies which are only used by the specific site being visited, in order to make this site function optimally.

You can configure your internet browser to ensure that either cookies are not accepted or that you receive a warning when a cookie is installed or that the cookies are later removed from your hard disk. You can do this via your browser settings (via the Help menu). However, if you do this, you should bear in mind that certain graphic elements may be displayed incorrectly or that you may not be able to use certain applications.

By using the Website, you agree to our use of cookies.

12. Miscellaneous provisions

Proof: You agree that electronic communications and back-ups may serve as proof.

Divisibility: If an article contained in these General Terms and Conditions becomes invalid, illegal or is declared void, this shall not in any way affect the validity, lawfulness and applicability of the other articles.

Waiver of rights: The fact that Damhert fails to demand the strict implementation of one of the provisions of these General Terms and Conditions may not be considered as a tacit waiver of the rights held by Damhert pursuant to these General Provisions and this shall not prevent Damhert from demanding the strict observance of these provisions in future.

Risks related to the Internet: You are familiar with the limitations and risks related to the use of the Internet or any other medium through which the Website is made available to you now and in the future. You are also familiar with the risks of the digital or electronic storage and transfer of information. You agree that Damhert may not be held liable for any damage incurred by you, through the use of our websites or the Internet, as a result of the aforementioned risks.