Algemene voorwaarden
Identification of the webshop owner:
ABSRB
Alfons Van De Maelestraat
9320 Erembodegem
Enterprise number BE 0717.832.662
info@absrb.be
Bank account: BE02 1431 1604 4740
BIC GEBABEBB (FINTRO)
Article 1: General provisions
These General Terms and Conditions (‘Terms’) are applicable to all orders, agreements and activities between ABSRB, hereinafter ‘ABSRB’, ‘we’ or ‘our’ and the visitors/clients of its webshop (hereinafter ‘you’ or ‘your’).
You must accept these Terms explicitly before placing an order. Your own terms and conditions or additional terms and conditions are excluded, unless agreed otherwise in writing between you and ABSRB.
ABSRB reserves the right to modify or complete these Terms at any time. Any modification will only apply to future orders and will not have any influence on existing orders. ABSRB advises you to consult these Terms periodically.
As this webshop is in English, you agree to the use of the English language for the order process, these Terms and any further communication. You will not be able to refuse the applicability of these Terms because they were not in your native language or any other language.
Date of the last update of these Terms: 03 December 2024.
Article 2: Order and Conclusion of the agreement
By placing an order through the webshop, you inform ABSRB of your wish to purchase a product through the webshop. This is a binding offer. The order is accepted by us through the confirmation email summarising your order, sent to you within 24 hours. By way of this confirmation email the agreement is concluded.
ABSRB may not be able to accept your order (example: product is out of stock, breach of these Terms by you, incorrect personal data, ABSRB made a clear material mistake related to the product description or the price of the product) or may require extra information. In such case ABSRB may cancel (part of) the order and you are not entitled to any damages. In case the webshop already processed your payment, you may be eligible for reimbursement of the amount received by ABSRB.
ABSRB only accepts orders from consumers older than eighteen (18) years old. If you are a minor, we ask you to involve your parents or legal guardian in the order process. We may reject any order made by a minor.
Article 3: Product and Availability
ABSRB is committed to display the products with a clear picture and accurate description (colour, measurements, price, potential discount, delivery options and other information). Please note that colours on photos may slightly differ from the colours of the product due to different factors such as the brightness of your computer screen.
ABSRB is committed to keep the information on its webshop complete, correct and up to date. Despite these efforts it is still possible that information may be incomplete, contain material errors or is not up to date.
Obvious mistakes or errors in the product selection or pricing are not binding for ABSRB. ABSRB is in no way liable in event of obvious material errors.
If you have specific questions about for instance sizes, colour or availability, we ask you to contact us in advance via info@absrb.be or the contact form on our website.
The product selection is valid while stocks last and may at any time be changed or withdrawn by ABSRB. ABSRB commits to display whether the product is available or not. However, ABSRB cannot be held liable for the non-availability of a product. We will inform you within five (5) calendar days if we cannot deliver your order and, if possible, will indicate when the product will be back in stock. You will have the option to await the delivery or terminate the agreement.
You agree that you are not purchasing the products with the sole purpose of reselling them.
Article 4: Price
All prices listed are expressed in EURO, VAT included.
Any shipping, reservation or administration fees that will be charged are specified separately before checking out of your digital shopping cart.
ABSRB is not responsible for any duties or taxes imposed by customs.
Special discounts are only valid for the indicated products, time frames and for as long as the products are in stock and may be subject to certain conditions.
The specified price refers solely to the articles set out in writing. The accompanying pictures may contain elements that are not included in the price and the order.
ABSRB reserves the right to change the prices of the products. However, the price to be paid by you is the price indicated on the webshop on the moment of the placement of your order.
Article 5: Online purchases and Payment methods
You may find your selected items in the digital shopping cart. You can place your order through that shopping cart by checking out. Thereafter you are required to complete your personal details and select the method of delivery and payment. To complete you order, you will be required to click ‘proceed to payment’ to actually place your order and (if applicable) proceed with the online payment.
You may choose between the following payment methods:
1/ by credit card (Visa and Mastercard)
2/ by debit card and direct pay options via QR code (Bancontact)
3/ by Paypal
4/ by IDeal
All payment options are secured by Shopify payments.
ABSRB is committed to keep your payment details secure. Your payment details and credit card information will only be used to effectuate the transactions and will not be shared with third parties.
Article 6: Delivery
Products ordered via this webshop can be delivered throughout Belgium, France, The Netherlands, Luxembourg, Germany, Denmark, Finland, Greece, Hungary, Ireland, Italy, Poland, Portugal, Spain, Czech Republic, Sweden.
A delivery fee will be charged for all orders and will vary depending on the country of destination.
For Belgium, France, The Netherlands, Luxembourg, Germany a delivery fee of 4,95 euros will be charged. No delivery fee will be charged for orders of 100 euros or more to these countries.
For Denmark, Finland, Greece, Hungary, Ireland, Italy, Poland, Portugal, Spain, Czech Republic, Sweden a delivery fee of 15 euros will be charged. No delivery fee will be charged for orders of 150 euros or more to these countries.
Upon checkout you will have the option to pick up your order at our adres, Alfons Van De Maelestraat 43, 9320 Erembodegem (Belgium). No delivery fee will be charged if you choose this option. We will contact you within 24h to let you know when you can pick up your order.
Products are delivered by courier and will normally be send from ABSRB within one (1) – four (4) working days. As such delivery is also expected within one (1) – five (5) working days. ABSRB will however only dispatch the product upon receipt of the price and applicable taxes, duties and costs.
Unless otherwise agreed or explicitly determined otherwise, the product shall in any case be delivered to your residence (or other address indicated in your order) within thirty (30) days of receipt of the order. If ABSRB is not able to deliver the product within such timeframe, you may ask for a delivery within a reasonable timeframe. If ABSRB is unable to deliver within the additional timeframe, you may terminate the agreement in which case ABSRB will refund the price, duties or taxes and applicable costs within fourteen (14) calendar days. No other compensation can be requested.
In any case, delivered products remain the exclusive property of ABSRB until the products are paid in full. If necessary, you undertake to inform third parties of the retention of title belonging to ABSRB, e.g. to anyone who would attempt to seize the products that are not fully paid for.
The risk due to loss or damage is transferred to you at the time the product has been physically received by you (or a third party appointed by you to receive the product on your behalf).
Please ensure that the courier can deliver the product. Delivery has occurred as soon as the product has been delivered to you for the first time. If the first attempt at delivery was unsuccessful, most couriers will leave a note in your mailbox in order to make a second appointment for delivery or will drop the package at a pick-up point near you. If after all reasonable attempts, delivery is unsuccessful due to your mistake or the mistake of the third party appointed by you to receive the product on your behalf, a new delivery is at your cost.
For security reasons and in case of uncertainties the courier may ask a proof of your identity or the identity of the person appointed by you to accept the delivery on your behalf.
ABSRB cannot be held liable for any indirect damages (e.g. due to late delivery) caused by the courier. In such case the liability of ABSRB is limited to the value of the product ordered.
Article 7: Right of withdrawal
You have the right to withdraw from the agreement within a period of fourteen (14) calendar days at no cost and without giving any reasons to do so (although we welcome your feedback).
The withdrawal period will expire
- fourteen (14) calendar days after the date of the receipt of the product by you or by the third party appointed by you to receive the product on your behalf (not the courier).
- In case of agreements with separate deliveries of products of the same order: fourteen (14) calendar days after the date of the receipt of the last product by you or a third party appointed by you to receive the product on your behalf (not the courier).
- In case of agreements concerning the delivery of products that consists of different shipments or parts: fourteen (14) calendar days after the date of the receipt of the last shipment or last part by you or a third party appointed by you to receive the shipments on your behalf (not the courier).
To exercise the right of withdrawal, you must notify ABSRB in an unambiguous statement in writing (e.g. by post, e-mail info@absrb.be or through the contact form on the website) about your decision to withdraw from the agreement within the withdrawal period.
You may use the attached template withdrawal form.
Within fourteen (14) calendar days from the day you notify ABSRB of your decision to withdraw from the agreement, the product must be returned to ABSRB, Alfons Van De Maelestraat 43, 9320 Erembodegem (Belgium).
The direct costs for returning the product shall be borne by you. Only products that are unused, returned in the original packaging, along with all accessories, instructions and proof of order or payment can be returned.
If the value of a returned product is reduced in any way, ABSRB is entitled to demand compensation for each depreciation in value of the product due to your excessive use of the product (going beyond what is necessary in order to determine the nature, characteristics and operation of the product).
ABSRB shall refund all payments received within a maximum of fourteen (14) calendar days of the date of the withdrawal notification and will inform you accordingly by email.
ABSRB may await the reimbursement until all the products have been sent back, or until you have demonstrated that you have sent back the products, whichever is earliest.
ABSRB shall repay you using the same means of payment as you used in the initial transaction, unless you explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.
If ABSRB refuses to accept your right of withdrawal, it will resend the products to you at your cost and risk and by indicating the reasons for doing so.
You may not exercise the right of withdrawal for the delivery of products manufactured according to your specifications or are clearly destined for a specific person.
Article 8: Complaints and Warranty
Although we are committed to do a quality check and arrange the appropriate packaging for the product, you may have complaints regarding a product.
As soon as you – or the third party appointed by you to receive the product on your behalf – receive the product you should inspect the product.
Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery (e.g. not all products have been delivered) must be reported immediately (at least within 24 hours) by you to ABSRB in writing.
If you would contact third parties for repair, the risk and costs are on you.
The direct costs for returning the product shall be borne by you, unless the complaint is deemed valid, in which case the cost will be refunded. You are advised to retain the original packaging used for the products and include the accessories/documentation and proof of purchase or payment.
As far as possible or reasonable, you will have the choice between a repair or replacement by ABSRB. Only if the repair or replacement is unreasonable or impossible or is not possible without reasonable delay, you have the right to ask for a reduction of the price or the termination of the agreement resulting in a repayment of maximum the amounts invoiced.
Lodging a complaint will not result in a suspension of your payment obligations.
ABSRB shall repay you using the same means of payment as you used in the initial transaction, unless you explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.
The warranty is never applicable in case of deficiencies arising as a result of:
- normal wear and tear
- accidents, natural disasters, fire
- negligence, bath faith
- use of the product inconsistent with the purpose for which it was designed
- modifications or alterations to the product
- rough usage
- poor maintenance
- or any other abnormal or incorrect use after delivery.
- Not following the correct washing instructions displayed on https://www.absrb.be/pages/washing-instructions.
If ABSRB refuses to accept your request, it will resend the products to you at your cost and risk and by indicating the reasons for doing so. BOTM may store the product at your expense as long as the costs related to such delivery are not paid.
Article 9: Protection of your personal data
The personal data given by you while making your order is necessary to process and complete your order. If the details are not provided, your order may be cancelled. Transferring incorrect or incomplete personal data constitutes a breach of these Terms and may in any case result in a late delivery of the product.
Your personal data will be processed in accordance with our privacy policy, which you need to accept before transferring your personal data.
You are also responsible for maintaining the confidentiality of your login information and the use of your password. Your password is stored in encrypted form and thus ABSRB has no access to your password.
Article 10: Use of cookies
This website is using cookies. Reference is made to our cookie policy.
Article 11: Invalidity
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Article 12: Waiver
Failure at any time by ABSRB to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions of ABSRB. In case of inconsistencies, the other terms and conditions will have precedence.
Article 15: Proof
You explicitly accept that the agreement can be made electronically.
You accept that electronic communications and other electronic files can be used as proof (such as email and back-up).
Article 16: Intellectual Property
All intellectual property right related to products and branding remains the property of ABSRB at all times.
Article 17: Assignment
The agreements and obligations are non-assignable and nontransferable by ABSRB or you without the prior written consent of the other.
Article 18: Applicable law – jurisdiction
Belgian laws apply to these Terms, with the exclusion of the terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention.
In case of disputes, ABSRB prefers an open discussion with an amicable settlement. In case such an amicable settlement would not be reached, the courts of the district of the registered office of ABSRB will have exclusive jurisdiction.
As a consumer you also have the right to lodge a complaint to an independent dispute resolution body. For instance to the online dispute resolution-platform of the European Commission: http://ec.europa.eu/consumers/odr.
Article 19: Customer service
If you would have questions, remarks or complaints, ABSRB can be reached at info@absrb.be or by mail at the following address ABSRB, Alfons Van De Maelestraat 43, 9320 Erembodegem (Belgium) or through the online contact form on the website.
ABSRB will answer you within five (5) working days.