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General terms and conditions of sale webshop Heursel 1745 - distance contracts

The General Terms and Conditions of Sale set out below (hereinafter referred to as the Terms and Conditions) regulate the relationship between the consumer and Heursel and apply only to all sales and agreements entered into in full via Heursel's online webshop (an online system developed for this purpose), to the exclusion of all other forms of sale or agreement. These terms and conditions of sale form an integral part of the sales agreement, including the general terms and conditions of sale.

The Terms and Conditions will no longer apply if during the purchase period the buyer goes to the local point of sale of Heursel and is thus personally present during a phase of processing the purchase.

The Terms and Conditions, brought to the attention of each buyer when using the Heursel website and accepted by him/her at the latest before placing the order, remain in full force and effect, including the changes made to them in accordance with Article 8 of these Terms and Conditions (to be consulted on www.heursel.be).

At the conclusion of the agreement, a copy of the Terms and Conditions will be provided to the buyer per durable medium (pdf). When validating the order, the purchaser is deemed to have read these Terms and Conditions and to have accepted them without reservation.

If the buyer does not (or no longer) agree to the application of one or more of the provisions stated in the Terms and Conditions, a further use of, or reservation or order through the webshop is impossible.

The buyer agrees that all agreements, notices, disclosures and other communications sent electronically comply with all legal requirements of written communications. These Terms and Conditions of sale shall be provided in Dutch and shall be drafted in a clear and comprehensible language. The fact that the purchaser has not received these Terms and Conditions in his mother language does not exempt him from their application.

Company information  

1. General provisions and purpose

The website of Heursel, owned by Ponsar ltd, offers its customers the possibility to make online purchases. The purpose of these Terms and Conditions is to provide the buyer with essential information about the rights and obligations when placing an order via the webshop.

The following terms and conditions only apply to all items in Heursel's range and to every order that the buyer places online with Heursel.

The buyer accepts that only these terms and conditions apply. The buyer or his legal representative is responsible for the commitments made by the conclusion of the agreement. Before the purchaser makes a purchase, he will be informed in a clear and conspicuous manner that this agreement contains a payment obligation for him.:

2. Offer

The articles and services described or depicted on this website are exclusively intended for normal private use. In the event of material errors or mistakes on the website, these will be interpreted in favour of Heursel.

If the buyer has specific questions about custom-made goods, he is requested to contact Heursel in advance. For these orders, the application of these general terms and conditions to distance contracts will lapse.

Heursel is only bound by an obligation of means as to the correctness, updating, or completeness of the information provided. The offer is valid as long as stocks last and can be modified or withdrawn by Heursel at any time.

3. Terms and conditions of delivery and conclusion of purchase

The buyer has the possibility to buy the articles from the assortment of Heursel online subject to availability. Heursel is entitled to refuse orders, to split the deliveries, or to attach other conditions to the delivery in the following cases:

  1. in the event of a serious suspicion of an abuse of rights or of bad faith on the part of the purchaser
  2. in case of suspicion that the buyer has the intention to resell the articles himself
  3. where an abnormal quantity of reserved or ordered items is found
  4. in the event of exhaustion of stocks or the unavailability of an article
  5. if the webshop determines that an invalid offer has been made
  6. in case of force majeure

The purchase is made when the buyer receives a confirmation e-mail from Heursel.

The articles will only be delivered to the buyer after full payment and will remain the exclusive property of Heursel until then.

The buyer agrees that the data recorded on the web shop is proof of all transactions between Heursel and its customers. In the event of a dispute between Heursel and one of its customers concerning a transaction on the website, the data recorded by Heursel will constitute irrefutable proof of the content of the transaction.

All Parties accept the electronic evidence within the framework of their relations (e.g. e-mail, backups...).

Payment is made using one of the payment methods selected by the buyer during the order confirmation process.

The shipping costs are at the expense of the buyer and are displayed prior to the order. If it appears that the shipping costs cannot be calculated in advance, this will be communicated and Heursel reserves the right to charge these costs in the order confirmation e-mail.

Heursel will send the goods by courier to the delivery address provided by the buyer. If the goods cannot be delivered to the address given by the purchaser, Heursel may charge an additional delivery fee for a second offer.

The buyer signs for receipt of the delivery. The risk of loss or damage shall pass at the time of delivery of the goods to the buyer.

Upon receipt of the delivery, the buyer must check the packaging of the shipment. Visibly damaged packaging must be refused with the statement "packaging damaged", otherwise the goods are presumed to have been definitively accepted by the buyer as conforming.

Any visible and/or qualitative failure of an item must be reported to Heursel in writing without delay and no later than 2 working days after receipt. After Heursel has received and accepted the refused or incorrect delivery, a new delivery will be sent at Heursel's expense and risk.

After Heursel has received and accepted the refused or incorrect delivery, a new delivery will be sent at Heursel's expense and risk.

4. Term of delivery

Heursel will send the goods by courier within the period communicated by confirmation e-mail and no later than 30 calendar days after the conclusion of the purchase and receipt of the payment. Heursel cannot be held liable for failure to meet the delivery deadline if this is due to force majeure or can be attributed to a third party such as the courier. If there is a risk that the delivery period will be exceeded, Heursel will notify the purchaser of this by e-mail and a new delivery period can be agreed. In that case, the purchaser can, if he so wishes, cancel the purchase by e-mail within 2 working days. In that case, Heursel will repay the sums paid by the buyer, without interest or other compensation. In the event of delivery at home by Heursel to the purchaser, delivery at ground level will apply.

5. Right of withdrawal

As a consumer, the buyer has the right to cancel the purchase within 14 days from the day following the day of delivery, without penalty and without giving any reason. In this case, the articles will be returned to Heursel no later than 14 calendar days after prior notice of withdrawal by e-mail, in the original and undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase. The return is at the expense and risk of the purchaser. The buyer cannot invoke this right in the case of custom work. If the buyer returns the items without accessories, or if the item is damaged because the buyer has gone beyond mere inspection, Heursel will charge compensation equal to the depreciation the item has undergone. Tips:

In order to exercise the right of withdrawal, the purchaser shall inform Heursel in writing of its decision to withdraw by means of an unambiguous statement (e.g. by letter by post or by e-mail). The purchaser can also use the model withdrawal form which can be found on the website https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf.

After receipt of the goods, Heursel will return all payments received, without interest, to the buyer, including the delivery costs.

6. Warranty

Each item is subject to the legal warranty from the date of purchase by the first owner. Any commercial guarantee does not affect these rights. If the product shows a visible defect upon delivery, the buyer must contact Heursel within 2 working days of its identification, after which the buyer must return the product to Heursel without delay. In the case of hidden defects, the purchaser has a period of at least two months from the discovery of the hidden defect or from the moment at which such discovery could reasonably have been made in order to contact Heursel. The purchaser will allow Heursel the necessary period to assess whether the defect is inherent in the item and was not caused by an external factor.

The costs of returning the goods that have been found to have a visible or a hidden defect are to be borne by Heursel.

The (commercial and/or legal) warranty, which also applies to articles with a shorter life span or wear and tear articles, never applies to defects that arise as a result of accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, non-observance of the instructions for use or manual, modifications or alterations to the article, heavy-handed use, poor maintenance.  Heursel will always check on a case-by-case basis whether the defect in the article is inherent to the article (e.g. a manufacturing defect) or was caused by the consumer. If the statutory guarantee does not apply, Heursel will provide specifications for repairs in advance.

The legal guarantee continues to apply if the consumer has had a repair or modification made to an article that is not related to the defect for which the consumer wants to invoke the guarantee.

7. Use of website

The purchaser is aware of the limitations and risks associated with the use of the Internet or any other medium with which Heursel makes its services available now and in the future. The purchaser is also aware of the risks of storing and transmitting information digitally or electronically.

The purchaser accepts that Heursel is not liable for any damage caused using their websites or the Internet as a result of the above-mentioned risks. Heursel cannot be held liable for the content of websites or apps that are available via links on their website. The mere fact that these links are available on Heursel's website/app does not at any time imply any approval, acceptance or recognition of those other website/apps. In addition, it is the buyer's own responsibility to check whether those website/apps are free of viruses and other programs or things that could be harmful to his equipment.

By placing an order on the Heursel website, the buyer expressly authorises the processing and use of his/her personal data for purposes such as the administration of the customer database, the management of orders, deliveries and invoices, solvency checks, marketing and advertising. The processing for marketing purposes and the individualised advertising will only take place if the buyer has explicitly agreed to this during the order process. All data shared will be treated as strictly confidential. Heursel will not be allowed to transfer the data to third parties. The buyer has the right to inspect, correct and delete all data as stipulated by law. Heursel also refers to its privacy policy in this respect.

8. Validity and modification of the Conditions 

If any provision of the Terms and Conditions is found to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect. The voidness of the Terms as a result of the void, invalid, unenforceable or unlawful provision shall be remedied in accordance with applicable law by the application of a valid provision closest to the original economic intent of the Terms and Conditions. The fact that Heursel fails to demand the strict application of one or more of the provisions of these terms and conditions cannot be regarded as a tacit renunciation of the rights it has and does not prevent it from demanding strict compliance with them later.

All information on the Heursel website is copyrighted. It is not permitted to copy and/or distribute information originating from the Heursel website in any form whatsoever without prior written permission. Visitors and/or users of the website cannot in any way derive any rights from the information provided. Without written permission from Heursel, the text or graphics on this website may not be reproduced and/or made public, in whole or in part, by printing, photocopying, faxing, re-typing, storage in a computerised database or otherwise, which applies to all or part of the processing.

Heursel reserves the right to make changes to these terms and conditions at any time. However, the general terms and conditions that were applicable at the time of the conclusion of the agreement will continue to apply to current agreements. Any order placed after an amendment to the General Terms and Conditions implies knowledge and acceptance of the new General Terms and Conditions in force at that time.

9. Questions or complaints

The buyer can always contact Heursel for questions or complaints in the first instance via info@heursel.be

If the purchaser is not satisfied with Heursel's proposed solution, he/she can contact the Trade Ombudsman. The buyer can download a complaint form from www.ombudsmanvoordehandel.be

The consumer may also contact the European Commission's online dispute resolution platform: https://webgate.ec.europa.eu/odr/, but Heursel reserves the right to bring disputes exclusively before the courts.

If there is still no reconciliation, the dispute will be submitted to the courts of Ghent and subject to Belgian law.