1. Validity general terms and conditions
The website www.fabrikk.be is property of Fabrikk BVBA. The vendor Fabrikk is registered under VAT number BE(0)568.976.066. Every order will be deemed as acceptance of the general terms and conditions by the buyer. These general terms and conditions are an integral part of the agreement as described below.
2. Prices and quotations
The prices of the products and services are indicated in euros, VAT inclusive and exclude transportation expenses and/or any other taxes or other duties, unless mentioned otherwise or agreed upon in writing. Payment can be made by one of the methods as indicated during the ordering process. Orders are only effectively paid from the moment payment has been received by Fabrikk. In the event of default of payment, Fabrikk reserves the right to suspend or resolve (the execution of) the agreement concerning and the therewith associated agreements. All offers are non-binding and Fabrikk reserves the right to alter the prices. Should the offered products and services experience a price increase during the period between the placing of the order and the execution thereof, the buyer is entitled to cancel the order and resolve the agreement within seven (7) days after the announcement of the price increase by Fabrikk.
3. Acceptance of the order
An order is not binding upon Fabrikk until confirmed via e-mail by Fabrikk or until the execution of the order has started. Fabrikk reserves the right to refuse orders or to attach certain conditions to the execution, unless explicitly stated otherwise. All product information, pricing and order information are at all times subject to possible alterations and corrections.
The delivery times given by Fabrikk are indicative. Failure to meet a delivery time does not entitle the buyer to compensation, nor does it entitle the buyer to cancel the order or resolve the agreement, unless the delivery time has been exceeded to the extent that, in fairness, the buyer can no longer be expected to sustain the agreement. In this case, the buyer is entitled to cancel the order or resolve the agreement, if necessary. The buyer is liable for incorrect delivery due to a wrong delivery address and additional costs may apply . In the event of non-delivery, any amounts paid by the buyer are reimbursed without interests or any other compensation.
In order to be admissible, complaints need to be addressed to Fabrikk via email@example.com. If the delivery is not in conformity with the buyer’s order, within seven (7) days after the order. In the event of hidden defects, within a period of seven (7) days following the discovery of the fault. In this written communication, the buyer needs to describe the damage and provide proof of damage via photo.
The guarantee of Fabrikk is restricted to the warranty for hidden defects and the consumer guarantees act, both listed in the Belgian civil code. Fabrikk is liable for damage provided that it is a consequence of a severe error or evil intent. Fabrikk is not liable for general or specific indirect damage, of any kind, possibly inflicted by the buyer.
7. Right of renunciation
The Buyer may exercise the right of renunciation within fourteen days after delivery of the product or upon signing a services agreement without a penalty and without giving any reason. If the buyer invokes this right, the products need to be returned in their original state and packaging to Fabrikk, Salviastraat 25, 9920 Lovendegem, Belgium, at the buyer’s expense and at his own risk. To ensure the safe delivery of the package, we advise using an insured carrier service. The buyer is responsible for the return shipping cost.
8. Force majeure
Fabrikk cannot be held liable for possible delays in the execution or for non-execution of its obligations caused by any circumstance beyond Fabrikk’s control. These circumstances include difficulties with the supply of or lack of raw materials, interruption or permanent suspension of production, strikes, lock-outs, any other form of business disturbances or trade disputes, power failure or non or late delivery that affect Fabrikk and/or suppliers of Fabrikk, even if these circumstances can be anticipated. Should Fabrikk not immediately act against a shortcoming toward the buyer, this can under no circumstances be considered neglect by Fabrikk in order to invoke this shortcoming later.
9. Personal information
By submitting an order on the website of Fabrikk, the buyer officially consents to the processing of his or her personal data for administrative purposes, such as management of the customer files, orders, invoices and deliveries and the follow-up of financial solvency. Personal details will only be used for promotions, personalised publicity and/or other marketing related purposes if the buyer explicitly agrees to this during the process of placing an order. This can be altered by the buyer at all times. Fabrikk will not pass personal details on to third parties. The buyer has the right to look into and amend his or her personal details at all times. The buyer also has the right to – free of charge – act against the processing of his or her personal details for Direct Marketing initiatives. For more information, the buyer can contact the Commission for the Protection of Privacy in Brussels.
The parties involved agree that a valid contract is established by using electronic means of communication.
In the event one or more provisions of the agreement is declared void, this shall in no way affect the validity of the other provisions. Fabrikk is entitled to amend the contents of these general terms and conditions. Amendments are announced via the website.
12. Applicable law
All agreements made with Fabrikk are subject to the Belgian law. All disputes between parties will be submitted exclusively to the authorised judge in Belgium. The Buyer may exercise the right of renunciation within fourteen days after delivery of the product or upon signing a services agreement without a penalty and without giving any reason.