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Terms and Conditions:


1. Points 


1.1 Delivery by carrier

Shipping is the responsibility of the consumer. Any damage resulting from the transport of the goods must be stated in the delivery afleveringsborderel of the carrier.
We are not responsible for delays in delivery.
The consumer can not claim compensation if the goods are not delivered within a reasonable time by the carrier.

 

 

Right of withdrawal for products:

The consumer can shut down an agreement without reason when they bought a product within the time for consideration of 14 days. The entrepreneur can ask the consumer to the reason
of withdrawal, but cannot obligigate the consumer to tell the reason of withdrawal.

The in section 1 mentioned time of consideration runs as soon as the consumer, or a third party chosen by the consumer, that isn't the deliver person, has recieved the product, or:

when de consumer in the same order has ordered multiple products: the day when the consumer, or a third party chosen by the consumer, has recieved the last product. 
The entrepreneur can, when he has informed the consumer in advance, deny an order that exists with multiple shippings or products: The day when the consumer, or a thrid party chosen by the consumer, recieves the last product.


1.2 Parts closed circuit - liability

Some shipped parts are only for closed circuit. The entrepreneur cannot be responsible for these parts, unless they are being used on the public road.


1.3 Exception: Shipping

Big shipments like mopeds,scooters,motorbikes are being delivered on tuesday or thursday, this is always with consent of the customer. These are being delivered by our private driver. Vehicles are being delivered for free without extra costs.

The price is being calculated based on the distance that has to be travelled.

When the destination is too far for our private driver, there will be an extra price added. For these destinations we will use an external transporting service.


1.4 Trading

Trading by returning is possible, after previous written proof of reasons for trading, by sending the package to West Import BVBA, Stasegemsesteenweg 1 GIK 8500 Kortrijk.

The shipping costs are chargeable for the consumer also the new shipping costs that will be made by resending the traded parts.


2.  Terms & Conditions


2.1  Concepts and definitions

In these terms and conditions we understand that:

Consumer: De natural person that does not have a company and has an agreement with the entrepreneur;

Day: Calenderday;

Duration of transaction: An agreement for products or services, in wich the shipping and retake commitment in time has been spread;

Durable data carrier: Each way that the consumer or entrepreneur that can save personal information, in a way that future contact and unchanged reproduction of the saved information can be saved.

Entrepreneur: De natural person that offers products or services to consumers.

Agreement on distance: An agreement that uses an organised system by the entrepreneur for sales on distance of products and/or services, with closure of the agreement that explicitly uses one or more ways of communication on distance.

Technique for communication on distance: Service that can be used for closing an agreement, without the consumer and entrepreneur getting together in the same room.


2.2 Application

These terms & conditions are apply on each offer of the entrepreneur and on each agreement on distance between the entrepreneur and consumer.

Before the agreemant on distance gets closed, does the text of these terms and agreements gets available for the consumer. In case this is not possible, before the agreement on distance is closed, will the terms and conditions can be read at the entrepreneur of as soon as possible and costless send to the consumer.

In case the agreement on distance gets closed electronicly, can in deviation to the previous section and before the agreement on distance gets closed, the text of these terms and conditions via electronic way available to the consumer, so that the consumer can save this easly on a durable data carrier.
In case this is not possible, will the agreement on distance get closed, will be pointed out where the terms and conditions via electronic way can be met and with demand of the consumer via electronic way or another way costless will be send.

The consumer is being told that the terms and conditions will always be available via the official site of West Import BVBA.

In case that next to these terms and conditions for a specific product or service terms are applied, is the second and third section of the agreed applications and can the consumer in case of conflicting terms and conditions keep on calling out the applied determination that is most favorable for the consumer.

An agreemant can only be closed with a consumer that is 18 years or older.


2.3 The offer

In case the offer has a limited by validy period or under terms of occurs, will this be specificly told in the offer.

The offer contains a complete and precise description of the offered products and/or services. The description is detailed enough to make a good review of the offer by the consumer.

Each offer contains information, that is clear what the rights and recuirements of the consumer are, that are connected to the acceptance of the offer.

Unless the consumer accepts the offer via electronical way, confimrs the entrepreneur via electronical way the delivery of the acceptance of the offer.

The entrepreneur can - within the order of the law - recall if the consumer is able to pay, as if fact of all factors that are important to justify the agreement on distance. In case the entrepreneur has valid reasons, based on investigation, to not agree, is he motivated by the law to deny an order or an application or to bind special terms to the agreement.

During the mentioned validly period in the offer will the prices of the offered products and/or services not be raised, except for price changes in case of change in VAT prices.

The prices of the products or services mentioned in the offer are VAT inclusive.


2.4 Rights and obligations of the entrepreneur

The entrepreneur insists that the products and/or services meet the agreement, the specifications in the mentioned offer, the demands of reliability and/or use and the creation of the agreement with legal determiniations and or/ government regulations. When agreed, the entrepreneur will be resiponsible that the product is fit to be used.

The entrepreneur will take high responsibility to be sure the products are delieverd carefully when asked to be deliverd by one of the provided services.

The place of delivery should be the adress that the consumer gave to the company.

In case the delivery of a product seems impossible, will the entrepreneur do an effort to offer a subsitute product. Explicitly when the delivery takes place will it be mentioned it will be a subsitute product.
The costs for any retour are for the entrepreneur.

Each not paid invoice will without notice of default bring an interest of 1% a month, it said 12% a year. The debt will be raised with a damage clause.
10% of the invoice total, with an minimum of 125,00 EUR.

The delivered products stay property of the entrepreneur as long as the price is not fully paid. All risks are for the consumer. The paid advance will be taken as compensation of the possible loss in costs by the resale.
In case the consumer uses or resales the products, will he be obligated to pay debt to the entrepreneur for this resale.

The entrepreneur grants warranty for 2 years after buy date under the condition that the buyer of the product, brings the product to the company on his own costs where the right reparation will be handled. The buyer has to pick up the product on his own costs.


The warranty doesn't count when:

§ The consumer in default is with the entrepreneur

§ The consumer repaired or edited the delivered products.

§ The delivered products are exposed to abnormal conditions or are treated with no care or go up against the points the entrepreneur pointed out.


2.5 Richts and obligations of the consumer

The consumer can put up an agreement for an unlimited time that can be shut down at any time following with the agreed rules about shutting down the agreement and a shutting down period of one month.

An agreement that is for a valid period has a running period for maximum two years. If it has been agreed that when de consumer doesn't let any know, the agreement on distance will be extended, will the agreement be changed to an agreement for unlimited time and will the shut down period after resuming the agreement maximum cost one month.

If nothing else has been agreed on, the consumer has to pay his debt within 14 days after delivery of the products. In case of an agreement on using a service, will this period run as soon as the consumer has recieved the acceptance of the agreement.

When the products are being sold, will the entrepreneur ask for 50% of the total price on advance. When the advance is negotiated, the consumer cannot recieve or use any of the services or products untill the negotiated advance has been payed.

When the consumer does not pick up his product on the agreed point of time after reparation or sale, will he be charged for 5,00 EUR a day for storage costs.

The consumer has his duty to report malfunctions in previous mentioned payment information to the entrepreneur.

Complains about the execution of the agreement has to be within competent time, clearly and completly been told to the entrepreneur, after the consumer has pointed out the malfunctions.


2.7 Applicable Law

On agreement between the entrepreneur and the consumer wich on these terms and conditions are related too, is explicitly the Belgian law applied. The courts in and round Kortrijk are explicitly qualified.