Vilkår og betingelser
GENERAL WEBSHOP TERMS AND CONDITIONS
1. Scope of application
These general terms and conditions contain the key stipulations agreed between the parties and apply to all offers and contracts of sale for goods from the range of CanvasCamp BV, with its registered office at Legen Heirweg 23, 9890 Gavere, Belgium, registered at the Crossroads Bank for Enterprises under the number 0822.182.688 (‘CANVASCAMP’) addressed to and concluded with the customer (the ‘Customer’) through the website https://www.canvascamp.com/ (the ‘Website’) unless expressly agreed otherwise in writing, regardless of whether the Customer’s place of residence or registered office is in Belgium or abroad and regardless of whether the agreement is to be performed in Belgium or abroad. These terms and conditions take precedence over any terms and conditions of the Customer, even if they stipulate the opposite. Certain provisions of these general terms and conditions apply to the Customer only in its capacity as a consumer, in which case the term ‘Consumer’ is used. Other provisions apply to the Customer being an enterprise as defined in Article I.1, 1 of the Belgian Economic Law Code, in which case the term ‘Enterprise’ is used. If both a Consumer and Enterprise are meant, the term Customer is used. Unless proof to the contrary, the Customer is deemed to have taken note of and to have accepted these terms and conditions by the mere fact of its order. The Customer confirms to be 18 or older. If CANVASCAMP fails to apply one or more provisions of these general terms and conditions, this can in no way be considered a waiver of these general terms and conditions.
2. Offers and prices
All proposals, brochures, catalogues, information and technical data sheets are for information purposes only. The offer is valid while stocks last and is subject to change at any time. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated. Unless stated otherwise, offers and prices on the Website are valid on the day they are consulted. The offer and images of goods on our Websites are compiled with the greatest possible care but are intended to be illustrative. The appearance of the delivered goods may thus differ from the product illustrated online. CANVASCAMP only has a best-efforts obligation regarding the accuracy and completeness of the information provided. CANVASCAMP is not liable in case of obvious material errors, typesetting or printing errors, or variations from the goods presented in the illustrative images. If the Customer has specific questions, for example about installation instructions, availability, the delivery period or method, we request it to contact us in advance. All prices include VAT. Any additional delivery, transport and insurance costs, VAT, import and export duties, other taxes, charges and levies or other administrative costs will always be mentioned in the communication with the Customer before the order is finally placed.
An order can be placed through the Website following the steps as shown on the Website. The Customer can select individual products and place them in an electronic shopping cart by clicking on the ‘Add to cart’ button. From this shopping cart, the Customer proceeds to the checkout by clicking on the ‘Proceed to Checkout’ button. After ordering, a summary of the goods ordered is displayed and provided to the Customer online. The Customer can then choose the desired delivery method. After the Customer confirms the order and accepts the general terms and conditions, cash payment is required in accordance with the indicated payment method. By clicking on the ‘Place order’ button, the Customer is then redirected to the chosen payment provider’s module. Until the Customer has clicked this button, it can change the order and the accompanying details at any time. After the Customer has placed the order, it will receive an automatically generated order confirmation by email. The agreement is concluded after the acceptance of the general terms and conditions and when CANVASCAMP received full payment; at least CANVASCAMP is entitled to suspend performing the agreement by right and with no notice of default until it receives payment. CANVASCAMP makes the ordered goods available for delivery or collection, depending on the Customer’s specified choice. The Customer will be informed that the agreement has been concluded and how the goods will be delivered or collected. CANVASCAMP reserves the right to refuse orders if one or more of the following cases apply: (i) depletion of stock or unavailability of a particular product; (ii) delivery address located outside the area supplied by CANVASCAMP; (iii) force majeure, (iv) order placed by a person lacking legal capacity or an unidentifiable person, (v) the Customer has outstanding and due debts with CANVASCAMP. In such case, CANVASCAMP will reimburse the amount it has already received for the order concerned to the account number from which payment was made. Cancellation of an order by an Enterprise is possible only with CANVASCAMP’s prior written consent, in which case the Enterprise must pay CANVASCAMP a fixed compensation amounting to 10% of the agreed selling price of the goods, notwithstanding CANVASCAMP’s right to higher compensation subject to proof of greater damage actually suffered.
The Customer must take delivery of the ordered goods at the agreed time and place (on delivery and/or collection). CANVASCAMP or the third party it appoints may deliver the goods at the agreed time and place to the person who presents himself to accept the goods and who is deemed to represent the Customer, without any need for CANVASCAMP to perform any specific checks. The Customer will be informed of the delivery costs before it confirms the order. Delivery will be made at the time stated in the order confirmation. If delivery is impossible for reasons attributable to the Customer, CANVASCAMP may, at its own discretion, (i) make a new offer and charge the Customer for the supplementary costs caused by this, or (ii) terminate the agreement in accordance with Article 11 of the present terms and conditions. CANVASCAMP will inform the Customer without delay if the specified delivery date cannot be met. The agreed delivery periods for Enterprises are always indicative. If a delivery period is exceeded, the Enterprise cannot claim compensation or terminate the agreement and this cannot give rise to any liability on the part of CANVASCAMP. If CANVASCAMP does not respect the delivery period agreed with the Consumer, the Consumer will request CANVASCAMP to make delivery within an additional period that is appropriate under the circumstances. If CANVASCAMP fails to deliver the goods within the additional period, the Consumer may terminate the agreement free of charge and CANVASCAMP must then immediately reimburse the Consumer all amounts paid to CANVASCAMP under the agreement.
5. Retention of title
Delivered goods remain CANVASCAMP’s property until payment is made in full, including any interest and costs, unless CANVASCAMP decides to waive this retention of title. The Customer nevertheless bears the full risks of force majeure, loss, destruction or theft of the goods from the moment they are delivered or the Customer fails to take delivery of them. Retention of title also extends to all claims that replace the goods subject to retention of title. The Customer has a duty of care towards the goods delivered under retention of title and must keep them in perfect condition in a suitable place in accordance with the usual standards. Until the Customer has fulfilled all its obligations, the Customer must not sell or otherwise dispose of, process or modify the goods or encumber them with any security right. The Customer must inform CANVASCAMP of any attachment of goods delivered under retention of title.
Orders placed on our Website must be paid in accordance with the payment method specified on our Website. To ensure secure online payment, transaction data are sent encrypted over the internet. Payment is always made at CANVASCAMP’s registered office and in the currency specified in the webshop.
7. Provisions on non-conformity and defects for the Enterprise
The Enterprise must check the conformity of the delivery and visible defects immediately on delivery in the carrier’s presence and, if applicable, make a written note reserving its rights on the waybill or delivery note. The Enterprise must also notify CANVASCAMP of any shortfall on delivery or visible defect by registered letter within no more than two business days of delivery, accurately and specifically describing the defect, failing which the complaint will be deemed inadmissible. The Enterprise must notify CANVASCAMP of any hidden defects by registered letter within no more than eight days of discovering the defect and not later than two months of delivery, accurately and specifically describing the defect, failing which the complaint will be deemed inadmissible. Late complaints are inadmissible. Putting into use, modifying, processing or disposing of sold goods implies their acceptance. The Customer is liable if it fails to follow the user manual or instructions of CANVASCAMP and/or its suppliers or if it fails to handle the goods properly. If the Enterprise makes an admissible and well-founded complaint regarding defects in the supplied goods, CANVASCAMP’s liability will be limited to replacing or repairing the goods or to reimbursement of the price that the Enterprise has paid for those goods, at CANVASCAMP’s discretion, without CANVASCAMP being liable for any other compensation. Complaints because of defects do not suspend the Enterprise’s payment obligation. Defective goods can be returned only with CANVASCAMP’s express written consent and in accordance with CANVASCAMP’s instructions. Any warranty of CANVASCAMP related to the goods it delivers is limited to and never extends beyond the warranty that CANVASCAMP receives from its suppliers. A warranty claim is valid only after the Enterprise has paid the invoice in full.
Provisions on lack of conformity for the Consumer
The Consumer must check the conformity of the delivery and visible defects immediately on delivery in the carrier’s presence and should refuse the goods for any non-conformity or visible defects. In any case, the Consumer must notify CANVASCAMP of the non-conformity within no more than two months from the day on which it discovered the defect. Late complaints are inadmissible. Putting into use, modifying, processing or disposing of sold goods implies their acceptance. The Consumer is liable if it fails to follow the user manual or instructions of CANVASCAMP and/or its suppliers or if it fails to handle the goods properly The Consumer may require CANVASCAMP to repair or replace the delivered goods free of charge, except if this would be impossible or disproportionate and involve unreasonable costs for CANVASCAMP. Any repairs or replacement, taking into account the nature of the goods delivered and the Consumer’s intended use, must be done within a reasonable time and without serious inconvenience to the Consumer. The Consumer may demand an appropriate price reduction or the termination of the purchase agreement from CANVASCAMP only in the exhaustive list of cases provided for in Article 1649quinquies, §5 of the Belgian Civil Code unless the conformity defect is minor. Defective goods can be returned only with CANVASCAMP’s express written consent and in accordance with CANVASCAMP’s instructions. These general terms and conditions do not affect the Consumer’s statutory rights under applicable national legislation on the sale of consumer goods. Any warranty of CANVASCAMP related to the goods it delivers is limited to and never extends beyond the warranty that CANVASCAMP receives from its suppliers. CANVASCAMP recommends that complaints be reported to email@example.com. EU Consumers can also register complaints through the European Commission’s online dispute resolution (ODR) platform at http://ec.europa.eu/odr.
8. Consumer’s right of withdrawal
The Consumer may terminate the agreement during a 14-day withdrawal period, without giving reasons, starting from the day after the Consumer (or a third party designated by the Consumer, other than the carrier) acquires physical possession of the goods. The right of withdrawal does not apply if it concerns goods produced according to the Consumer’s specifications or clearly intended for a specific Consumer. If the Consumer uses the right of withdrawal, it must notify CANVASCAMP before the expiry of the withdrawal period using the model withdrawal form (appended to these terms and conditions with the model instructions) or another unequivocal statement. The Consumer must then return or hand over the goods (including all accessories, in their original condition and packaging) at its own expense to CANVASCAMP (or one of its employees) without delay and in any case within 14 days of the notice. The Consumer carries the burden to prove the timely and correct exercise of the right of withdrawal. The Consumer must treat the goods and packaging with care during the withdrawal period. The Consumer is liable for diminished value of the goods caused by handling other than what is necessary to establish their nature, characteristics and functioning (the reference standard is that the Consumer may handle and inspect the goods only in such a way as it would do in a physical shop). CANVASCAMP must reimburse all payments received from the Consumer, including any delivery costs, without delay and in any case within 14 days of the date of the Consumer’s withdrawal notice. CANVASCAMP may withhold this reimbursement until the Consumer has returned all goods or until the Consumer supplies evidence that all goods have been returned, whichever is earlier, unless CANVASCAMP has offered to collect the goods itself. CANVASCAMP must make the reimbursement through the same means of payment as the Consumer used for the initial transaction unless the Consumer agrees to another means of payment. If the Consumer choses a delivery method other than the least expensive type of standard delivery that CANVASCAMP offers, CANVASCAMP is not obliged to reimburse these supplementary costs to the Consumer.
CANVASCAMP is liable for failing to comply with its contractual obligations only if and insofar as this damage is caused by its fraud, deceit, serious or deliberate error or that of its employees or agents. CANVASCAMP’s liability is always limited to the amount of the Customer’s order. If damage is covered by insurance, CANVASCAMP’s liability is limited to the amount actually paid by its insurer. CANVASCAMP is never liable for indirect damage, including, but not limited to, consequential damage, lost profits, lost savings, administrative or personnel costs, increased overheads, loss of customers, loss of an opportunity, third-party claims or damage to third parties. Insofar as CANVASCAMP depends on third-party cooperation, services and supplies to fulfil its obligations, CANVASCAMP cannot be held liable for any damage for which those third parties are at fault. The Customer is solely liable for the use of the goods. Unless mandatory legal provisions, CANVASCAMP is not liable for any damage (direct or indirect) caused by the delivered goods. The Customer expressly accepts that CANVASCAMP cannot be held liable and that the Customer may not claim the termination of the agreement or compensation in case of (i) damage to the goods caused by improper use, incorrect storage or maintenance of the goods, other than as agreed or prescribed by CANVASCAMP and/or its suppliers, (ii) minor variations from the product specifications (including limited differences in colour or texture), (iii) damage to the goods due to abnormal weather conditions or to wear and tear, or (iv) changes or modifications to the goods without CANVASCAMP’s prior consent. The provisions of this article do not affect CANVASCAMP’s liability for the Consumer’s death or personal injury insofar as a direct causal link with CANVASCAMP’s acts or omissions is proven. The Customer uses the Website at its own responsibility and risk. CANVASCAMP may always restrict or exclude the Customer’s access to the Website with immediate effect, without giving a reason or prior notice. CANVASCAMP does not warrant continuous and uninterrupted availability of the Website and is not liable for any failure or unavailability of the Website because of a technical failure. CANVASCAMP is not liable for any damage that the Customer suffers because of its use of the Website or a virus spread through the Website.
10. Force majeure
CANVASCAMP is not liable if the failure to perform all or part of its obligations, temporarily or otherwise, is due to force majeure, even if this circumstance was foreseeable, including, but not limited to, war, civil commotion, terror, general or partial strikes or lock-outs, operating accidents, extreme weather conditions, floods, fire, pandemics, infectious diseases, bankruptcy or failure of suppliers to comply with their obligations, depletion of stock, electricity, internet, computer network or telecommunication failures, government measures, general transport problems, etc. In the event of force majeure, CANVASCAMP always has the right, at its discretion, with immediate effect, by right, with no prior judicial intervention or prior notice of default and with no payment of any compensation, to suspend delivery or to terminate the agreement with the Customer.
11. Contractual relationship
All agreements between CANVASCAMP and the Customer constitute part of a single overall contractual relationship. If the Customer fails to fulfil its obligations under one specific agreement, CANVASCAMP may suspend the further performance of both the agreement in question and the other ongoing agreements. CANVASCAMP may also terminate all agreements with the Customer with immediate effect, by right, with no prior notice of default and with no payment of any compensation in these cases:
(i) if the Customer fails to (timely) perform one or more obligations under an agreement;
(ii) if the Customer ceases to make payments, is declared bankrupt, or petitions for bankruptcy, enters into collective debt restructuring or any reorganisation;
(iii) if the Customer is liquidated, ceases its activities or dies;
(iv) if all or part of the Customer’s assets are attached.
On termination, all CANVASCAMP’s claims against the Customer become immediately payable by right and the Customer will owe CANVASCAMP a fixed compensation equal to 20% of the price stipulated in the agreement, notwithstanding CANVASCAMP’s right to a higher compensation subject to proof of greater damage actually suffered. Amounts that CANVASCAMP has already invoiced to the Enterprise before termination remain payable in full. If CANVASCAMP fails to comply with one or more obligations under an agreement, or fails to do so on time, the Consumer may terminate the agreement concerned, in which case CANVASCAMP will owe the Consumer a fixed compensation equal to 10% of the price stipulated in the agreement.
Any claim that the Enterprise has against CANVASCAMP will prescribe by right if it is not brought before the competent court within six months of the date on which the Enterprise became aware or should have become aware of the facts on which the claim is based, without this being later than twelve months after delivery.
13. Intellectual property
The Website, logos, photographs, texts and generally all communications from CANVASCAMP (the ‘Works’) are protected by intellectual property rights held by CANVASCAMP, its suppliers or other third-party beneficiaries. Using, copying or reproducing the Works in any form without CANVASCAMP’s express and prior written consent is not permitted.
15. Amendment of the general terms and conditions
CANVASCAMP reserves the right to unilaterally amend these general terms and conditions. The applicable terms and conditions are those that applied when the agreement between CANVASCAMP and the Customer was concluded.
The invalidity or unenforceability of one or more provisions of these general terms and conditions, or parts of these provisions, does not affect the validity and enforceability of the remaining provisions. Where applicable, CANVASCAMP and the Customer confirm that the court has the power to moderate the provision concerned to the maximum permitted within the relevant statutory limits.
17. Applicable law – competent court
These general terms and conditions and the agreements to which these terms and conditions shall be governed by Belgian law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. In the event of a dispute, the courts of the judicial district of East Flanders (Ghent division) or those of the Consumer’s place of residence or business shall have exclusive jurisdiction.
18. If there is any lack of clarity regarding the interpretation of these conditions, the Dutch text will always prevail.
19. CANVASCAMP’s contact details
Legen Heirweg 23
Enterprise number: 0822.182.688
Telephone no.: +32 9 352 01 01 or +32 498 529 524
1) Model withdrawal form
To CANVASCAMP BV, Legen Heirweg 23, 9890 Gavere, Crossroads Bank for Enterprises no. 0822.182.688, Email: firstname.lastname@example.org:
– I/We (*) hereby give notice that I/we (*) withdraw from our contract for the sale of the following goods/provision of the following service (*)
– Ordered on (*)/Received on (*)
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted on paper)
(*) Delete if inapplicable.
2) Model instructions for right of withdrawal
Right of withdrawal
You have the right to withdraw from the agreement within a period of 14 days without giving any reasons. The withdrawal period will expire after 14 days from the day on which you or a third party you designate, other than the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us, CANVASCAMP BV, Legen Heirweg 23, 9890 Gavere, Crossroads Bank for Enterprises no. 0822.182.688, Email: email@example.com, by an unequivocal statement (e.g. in writing by mail, fax or email) of your decision to withdraw from the agreement. You may but need not use the attached model withdrawal form for this purpose. To meet the withdrawal period, it is sufficient for you to send your communication concerning your exercising of the right of withdrawal before the withdrawal period has expired. If you withdraw from the agreement, we will reimburse to you all payments received from you up to that point, including delivery costs (with the exception of any supplementary costs resulting from your choice of a delivery method other than the least expensive type of standard delivery offered by us) without undue delay and not later than 14 days from the date we have been informed of your decision to withdraw from the agreement. We will reimburse you using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not be charged for this reimbursement. We may withhold reimbursement until we have received the goods back from you, or you have supplied evidence that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay, and in any event not later than 14 days from the day on which you notify us of your decision to withdraw from the agreement. The deadline is met if you return the goods before the 14-day period has expired. You will have to bear the direct costs of returning the goods. You are only liable for a diminished value of the goods resulting from the handling other than what is necessary to establish their nature, characteristics and functioning.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.