Terms of service
ARTICLE 1 - OBJECT AND SCOPE OF APPLICATION
Identification and registered office of the seller:
ROOMBLUSH trade name of:
The Wall Decoration House NV
Hereinafter referred to as “Roomblush”.
Unless expressly agreed otherwise in writing between the parties, the relations between Roomblush and its customers are subject to the present General Terms and Conditions of Sale, which are deemed to be accepted by the buyer. All commercial activities of Roomblush are subject to Belgian law. By placing an order with Roomblush, you automatically agree to the following General Terms and Conditions.
Each order for a product offered on the website presumes the prior consultation and the express acceptance by the buyer of the General Terms and Conditions, however without the condition of a signature being attached to this acceptance (by the buyer).
By purchasing products via this website, the buyer declares to be at least 18 years old and to be legally authorised to purchase products and services via this website.
ARTICLE 2 – DESCRIPTION AND AVAILABILITY OF PRODUCTS
2.1. The products offered for sale are those listed on the website, with a description of their essential characteristics, on the specific day and time at which the website is consulted by the buyer, and within the limits of the available stock.
The seller will use all reasonable means to display the availability of products on the website, but cannot be held liable for the fulfilment of an order if a product is no longer available.
2.2. Images, texts and other descriptive elements illustrating the products are not part of the contractual area. If these images and/or texts would have been incorrectly reproduced, the seller’s liability shall not be affected. The latter undertakes to make the best efforts to correct errors or omissions as soon as possible once he has been informed of them.
ARTICLE 3 – PRICE
3.1. The price of each product is displayed on the website (hereinafter the “Price”) in euro, VAT included. This price does not include the delivery costs, which shall also be borne by the buyer. The normal delivery or shipping costs are indicated, taking into account the information provided by the customer about his place of delivery.
3.2. Prices may change from time to time, but changes do not affect an order confirmed by Roomblush to the buyer.
ARTICLE 4 – ORDERING TERMS
4.1. Roomblush will confirm each order within 24 hours of the order, by sending an e-mail to the buyer to the e-mail address specified by the buyer. The order confirmation will mention, among other things, the date of the order, the product ordered, the price, increased by the costs, the delivery address and the delivery terms.
The confirmation of the order sent by Roomblush constitutes proof of the contractual relations arisen between the parties.
4.2. Roomblush reserves the right to cancel any order or delivery by written notification, without being liable for any damage or costs other than the reimbursement of the amounts received from the buyer in connection with the cancelled order or delivery, in the following cases:
- (i) existing dispute with the buyer
- (ii) non-payment of the total or partial amount of a previous order or
- (iii) refusal by the banking institutions of admission to pay by credit card
- (iv) the product is not available / in stock, (v) the buyer’s invoice details are incorrect or unverifiable
- (vi) an incorrect price was stated for the product
- (vii) Roomblush could not deliver to the address provided by the buyer
- (viii) force majeure.
ARTICLE 5 – PAYMENT TERMS
The payment of online orders can be done in different ways:
- Visa, Mastercard, Maestro, Bancontact
The products will only be delivered after Roomblush has received payment from the buyer. If Roomblush does not receive payment within 14 calendar days after the buyer has placed his order, the order will automatically expire.
ARTICLE 6 – DELIVERY
6.1. The transfer of risk to the buyer takes place at the time of delivery. Each delivery is deemed to have been carried out as soon as the product is made available at the chosen delivery address.
6.2. Roomblush reserves the right to deliver the ordered products in parts, for example when part of the order is delayed or not available. If the order is delivered in parts, Roomblush will inform the buyer thereof in writing. No additional shipping costs will be charged.
6.3. It is the responsibility of the buyer to check the shipment upon arrival and to formulate any reservations or complaints that may seem justified, or even to refuse the parcel if it might have been opened or shows obvious signs of damage. The said reservations and complaints regarding the delivery of products must be communicated in writing to Roomblush within 3 working days following the delivery of products.
6.4. Roomblush strives to carry out the delivery within 10 working days. If due to force majeure or exceptional circumstances, independent of the buyer, the product is not delivered within 30 days, the buyer has the right to cancel the order without prejudice to the right to compensation.
6.5. Roomblush remains the owner of the products sold and delivered until the day of full payment of the price in principal and/or (shipping) costs and/or interest(s) and/or fixed compensation(s). However, the risk of loss or damage is already transferred to the buyer from the moment of delivery or of taking possession of the products.
ARTICLE 7 – RIGHT OF WITHDRAWAL AND RETURN TERMS
7.1. The buyer has the right to notify Roomblush that he renounces the purchase, without having to pay any penalty and without giving any reason, within 14 calendar days from the day following the day of delivery. The right of withdrawal must allow the buyer to evaluate the purchased product “as in a shop window”. This right of withdrawal does not apply to legal persons or to products purchased by a natural person for professional use.
7.2. The buyer who wishes to make use of this right of withdrawal must notify Roomblush of his intent within 14 calendar days following the delivery of the product, by letter, e-mail or fax. The buyer may use the attached model withdrawal form for this purpose, but is not obliged to do so. The buyer must also return the product, within the same period of time, in its original and undamaged packaging, ready for sale. Products that would not be in this condition upon their receipt by Roomblush will remain at the disposal of the buyer, who will have to pay the price for them.
7.3. In case of exercise of his right of withdrawal, the buyer shall return the product by any means and at his own risk and expense to Roomblush at the above-mentioned address and shall keep proof of dispatch.
7.4. When the right of withdrawal was exercised in accordance with the aforementioned conditions, Roomblush will reimburse the purchase price within 30 days of acceptance. The costs of the initial shipment remain at the expense of the buyer. The reimbursement will be made to the bank account number to be mentioned in the withdrawal request.
7.5. MODEL WITHDRAWAL FORM
If you wish to withdraw from the contract, please complete this form and send it back to us:
To: ROOMBLUSH, The Wall Decoration House NV, Wakkensesteenweg 49, B-8700 Tielt, email@example.com
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
- ordered on / received on: (*)
- your name / names:
- your address:
- your signature (only if this form is notified on paper):
(*) Please delete where not applicable
ARTICLE 8 – LEGAL GUARANTEE
8.1. The buyer has a legal guarantee under both Belgian and EU law for any lack of conformity of the product existing at the time of delivery, if the buyer was not aware of the defect or should not reasonably have been aware of it at the time of conclusion of the contract, and if it manifests itself within a period of two years from delivery. In this case, the buyer may either demand the replacement of the product in question, free of charge, and within a reasonable period of time within the limits of availability of similar products, or demand an appropriate reduction in the purchase price, or the dissolution of the contract, in accordance with the conditions laid down by law. However, the buyer cannot demand dissolution if the lack of conformity is of minor importance. The use that the buyer has had of the product since its delivery will also be taken into account.
8.2. The buyer shall inform Roomblush in writing of his intention to invoke the legal guarantee, at the latest within two months following the day on which he has established the defect.
8.3. The guarantee is not applicable to:
- Normal wear and tear of the product
- Defects and damage caused by fault of the buyer
ARTICLE 9 – FORCE MAJEURE
Force majeure includes acts or events beyond the reasonable control of Roomblush, including, but not limited to, strikes, lock-outs, or other industrial actions by third parties, riots, disturbances, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, soil subsidence, epidemic or other natural disaster, or disruptions to public or private telecommunication networks.
In the event of force majeure affecting the fulfilment of the obligations of Roomblush under these General Terms and Conditions of Sale:
a) Roomblush shall contact the buyer as soon as reasonably possible to inform him thereof; and
b) The obligations of Roomblush under these General Terms and Conditions of Sale shall be suspended, and the time for fulfilling its obligations shall be extended for the duration of the case of force majeure.
If the case of force majeure affects the delivery of a product, Roomblush will agree on a new delivery date with the buyer after the case of force majeure has ended.
ARTICLE 10 – PROTECTION OF PRIVACY IN RELATION TO THE PROCESSING OF PERSONAL DATA
ARTICLE 11 – LIABILITY
Roomblush only takes on best efforts obligations for all stages of access to the website, from the order process to the delivery or subsequent services. Roomblush cannot be held liable for inconveniences or damage inherent in the use of the internet network, in particular service interruption, outside intrusion or the presence of computer viruses, or for any fact qualified as force majeure. In any case, the liability of Roomblush according to the present General Terms and Conditions cannot exceed an amount equal to the amounts paid or payable at the time of the transaction at the origin of the said liability, regardless of the cause or form of the claim concerned.
ARTICLE 12 – INTELLECTUAL PROPERTY
All elements of the website, including the underlying technology, are protected by copyright, trademark and patent law and more generally by the intellectual property, such as the law on databases. They are the exclusive property of Roomblush.
ARTICLE 13 – CONTACT AND DISPUTE SETTLEMENT
In case of questions regarding his purchase, the buyer has the possibility to contact Roomblush via the e-mail address: firstname.lastname@example.org. Roomblush undertakes to respond to the buyer and to provide him with an answer to his question within a time limit of maximum 5 working days.
If the buyer is of the opinion that his complaint has not been dealt with satisfactorily, he may – without being obliged to do so – use the platform for online dispute resolution (ODR), to which he has access via the website http://ec.europa.eu/odr.
All claims must be made within one (1) year after the claim has arisen, to the extent permitted by applicable law.
ARTICLE 14 – VALIDITY – APPLICABLE LAW – COMPETENT COURT
14.1. Should one of the present terms and conditions be declared null and void and unenforceable, the other conditions shall remain in full force and effect and this condition shall be applicable to the extent permitted by applicable law.
14.2. Without limitation to the legal rights of consumers, disputes relating to the validity, interpretation or execution of the present General Terms and Conditions of Sale for Online Sale are exclusively governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods (1980). Without limitation to the legal rights of customers, the courts and tribunals of the judicial district of Kortrijk (Courtrai), Belgium, shall have sole jurisdiction to hear all disputes.
Date of the last amendment: March 2020