Terms and Conditions – online shop (B2C)

Article 1 – Information about BAM kaarsen

Company name: BV FLEXWORKS, trading under the name "BAM kaarsen".

VAT number: 0820.171.226

Registered office: 7910 Anvaing, Les Bruyères 36, Belgium

Phone number: +32477840361

E-mail: stephanie@bam-kaarsen.be

Article 2 – Definitions

Agreement:: The distance contract concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement is governed by these terms and conditions.
Working day:: Every day, except Saturday, Sunday and national public holidays in Belgium.
Company:: BV Flexworks, incorporated under Belgian law with its registered office in Belgium, 7910 Anvaing, Les Bruyères 36, and VAT number 0820.171.226.
Customer:: Any natural person who acts for purposes outside their trade, business, craft or profession and who purchases or may purchase Products via the Website.
Offer:: The offering of Products via the Website. The Offer is governed by these terms and conditions.
Products:: All candles available for purchase on the Website.
Website:: The website of BAM kaarsen www.bam-kaarsen.be

Article 3 – Applicability

3.1.These terms and conditions apply to every Offer of the Company and to all Agreements.

3.2.These terms and conditions are made available to the Customer before the conclusion of the Agreement with the Customer.

These terms and conditions will, at least before the conclusion of the Agreement, be made available to the Customer in a manner that will enable the Customer to store the terms and conditions on a durable electronic data carrier.

Article 4 – Formation and duration of the Agreement

4.1.The Agreement is concluded as soon as the Customer has accepted the Offer and the terms and conditions.

4.2.The Agreement and the terms and conditions remain in force until all obligations have been performed.

Article 5 – Prices

5.1.The prices of the Products are the prices stated on the Website at the time the Customer places an order.

5.2.All prices include VAT at the applicable current rate in Belgium.

5.3.All prices of the Products are exclusive of delivery costs.

5.4.Before placing an order, the total price, including all delivery costs and taxes, will be available and displayed to the Customer.

Article 6 – Payment and means of payment

6.1.The Customer can pay for the Products using the following means of payment: Maestro, Visa, Master Card, PayPal.

6.2.The Customer must pay at the time of placing the order.

6.3.If the Customer pays by bank transfer, the Company will start processing the order from the moment full payment is received. If the Company does not receive full payment within 4 working days of receiving the order, the Company has the right to cancel the order automatically.

Article 7 – Shipping and delivery

7.1.The Company strives to deliver the Products within a period of seven (7) working days after full receipt of payment, unless another delivery date is agreed between the Company and the Customer at the time the Agreement is concluded.

If the Company is unable to deliver the Products within the aforementioned period, the Company undertakes to inform the Customer of this in writing. The Customer will then give the Company a new, reasonable delivery period. If the Company exceeds the period again, the Customer has the right to cancel the order.

7.2.The Company will deliver the order to the address that the Customer provided to the Company during the purchasing process.

7.3.If no one is available at the Customer's address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.

7.4.The Company reserves the right to make partial deliveries of the ordered Products, for example if part of the order is delayed or unavailable. In the event of partial delivery, the Company will inform the Customer.

7.5.Upon delivery/collection, the Customer must check the packaging for any damage. If the Products are damaged, the Customer may not accept the delivery and must inform the Company immediately. After notification, the Company will give the Customer the necessary instructions regarding the damaged Products.

Article 8 – Right to cancel an order before delivery

8.1.The Customer has the right to cancel the order without giving a reason and free of charge before the shipment of the order.

8.2.The Customer can cancel the order by sending an e-mail to stephanie@bam-kaarsen.be.

After cancellation of the order, the Customer receives a confirmation of the cancellation and the Company will refund the amounts already paid to the credit card or debit card that the Customer used to pay.

8.3.If the Products have already left the Company, the Customer can no longer cancel the order.

8.4.If it was not possible to cancel the order, the Products are delivered and the Customer can return the Product according to the procedure described in clause 9.

Article 9 – Right of withdrawal and refund

9.1.The Customer has a legal right to withdraw from the Agreement during the period as set out in clause 9.2. The Customer must inform the Company of their decision to withdraw from the Agreement and to receive a refund. The Customer does not have to give a reason for the withdrawal.

9.2.The Customer has fourteen (14) days to withdraw from the Agreement. The starting point of the period to exercise the right of withdrawal may vary. The following rules apply:

a)If the delivery is a single Product, the period begins the day after receipt of the Product by the Customer.

b)If the delivery relates to several Products delivered on separate days, the period begins the day after the Customer has received the last ordered Product.

c)If the delivery relates to a Product over a certain period, the period begins the day following the day on which the Customer received the first delivery of the Products.

9.3.You may only withdraw from the Agreement if the Products:

a)are undamaged and have not been used in any way;

b)are complete, and

c)are provided with their original labels and packaging.

9.4.If the Customer decides to withdraw from the Agreement, the Customer must inform the Company by sending an e-mail to stephanie@bam-kaarsen.be unambiguously stating that they wish to withdraw from the Agreement.

The Customer must return the Products to the Company without undue delay and in any case no later than fourteen days after sending the notification of withdrawal to the Company. The Products must be shipped to the Company in the same way as the Customer received the Products.

9.5.All costs for returning the Products are paid by the Customer.

9.6.In the event of withdrawal:

a)the Company will refund the amounts already paid by the Customer for the Products after receipt of the Products. The Company may, however, reduce the refund to take account of any depreciation of the Products, if this was caused by the fact that the Customer handled them in a way that would not be permitted.

b)The Company will make all refunds within a reasonable period after receipt of the Products.

c)The Company will refund the Customer to the credit card or debit card that the Customer used to pay.

d)The Company has the right to refund the Customer with vouchers if the Customer used vouchers to pay for the Products.

Article 10 – Warranty

10.1.The Customer is entitled to a statutory warranty of two years. The statutory warranty covers any defect or lack of conformity of the Products that manifests itself within a period of two years from the date of delivery of the Products.

10.2.The Customer must inform the Company by e-mail at stephanie@bam-kaarsen.be of the defective Products within a reasonable period after the defect is known or could reasonably have been known by the Customer.

10.3.If a defect occurs within the statutory warranty period of two years, the Customer must follow the procedure as set out in clause 9. After return of the defective Product, the Company will, at the Customer's discretion, send the Customer a new Product or repair the Product, and we will bear all costs in connection with the exchange/repair of the Products. The Product can only be replaced and delivered insofar as it is still available/in stock at the Company's suppliers. If repair or replacement is not possible or cannot be carried out within a reasonable period, the Customer has the right to terminate the Agreement and the Company will refund the price in accordance with clause 9.6.

Article 11 – Complaints procedure

11.1.If the Customer has complaints, they can contact the Company at the following e-mail address stephanie@bam-kaarsen.be or phone number +32477840361.

11.2.The Customer can also submit their complaint to the online dispute resolution platform made available by the European Union, http://ec.europa.eu/odr.

For Belgium, this is the European Consumer Centre, located at 1060 Brussels, Hollandstraat 13. odr@eccbelgium.be, tel. +3228923712.

Article 12 – Assignment and subcontracting

12.1.The Company has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the delivery of the Product), but this will not affect the rights and obligations under these terms and conditions.

Article 13 – Use of personal data

13.1.The Company uses the Customer's personal data exclusively in accordance with the Privacy Policy on the Website.

Article 14 – Force majeure

14.1.The Company is not liable or responsible for the non-performance or delay in the performance of its obligations under the Agreement that is due to force majeure.

14.2.In the event of force majeure:

a)the Company will inform the Customer of this; and

b)the obligations of the Company under the Agreement will be suspended and the period for the performance of the obligations will be extended for the duration of the force majeure situation. Where the force majeure situation affects the delivery of the Products, the Company will arrange a new delivery date with the Customer after the force majeure situation has ended.

Article 15 – Applicable law

15.1.These terms and conditions are subject to Belgian law. In the event of a dispute, the courts of the district of East Flanders, Oudenaarde division, have jurisdiction.

Article 16 – Miscellaneous

16.1.The Company may amend these terms and conditions at any time. The terms and conditions in force at the time of ordering the Products will apply to the Agreement between the Customer and the Company.

16.2.Without prejudice to the rights and remedies granted to the Customer by applicable law or these terms and conditions, our liability for direct damage will be limited to the value of the ordered Products.

16.3.The nullity of a provision or part of a provision under the Agreement will in no way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.