1. Seller
Besa BV with registered office located at Rodeheide 86, 3980 Tessenderlo in Belgium, is registered in the Crossroads Bank for Enterprises under VAT number BE0867 533 752 and with bank account number IBAN BE54 7785 9506 0497.
2. Application
Each order is deemed to be acceptance by the buyer of our general terms and conditions, which form an integral part of the agreement, to the exclusion of all other general or special terms and conditions emanating from the buyer, unless expressly stipulated otherwise in writing.
3. Prices and product information
All our prices are in Euro (€) including 21% VAT. Unless otherwise stipulated, our prices do not include transport and delivery of the goods to the buyer. The costs of transport and delivery are stated separately.
A product is always subject to the price and promotion stated at the time of ordering. The seller reserves the right to change and correct product prices and product information. If a short time later a product already purchased turns out to be reduced in price, no claim can be made for a refund of the price difference.
The seller endeavours to make the product descriptions and photo material as clear and correct as possible. Information about the articles (e.g. sizes and materials), is always indicative and colour shades on the photo may differ slightly from real colours. You can always receive additional information about our offer by contacting us by e-mail.
4. Acceptance of the order
The seller shall only be bound by an order after it has confirmed it in writing or after it has started to be executed. Product and pricing information and detailed order information are prepared and communicated subject to change and correction.
5. Delivery and shipping costs
Besa BV delivers your order via parcel service within 3 to 8 working days after receipt of payment, unless otherwise stated in the article description, or in case of force majeure. The delivery period is indicative and is given as an indication only. Besa BV is not responsible for any delay caused by processing procedures at the courier service or customs offices at destination or any strike action or any other form of force majeure (weather, traffic jam, accident, machinery failure, ...). Any delays in delivery times shall not entitle the buyer to cancel his order or refuse the goods and shall in no case give rise to compensation. The seller cannot be held responsible for delays incurred beyond the seller's control. The seller has the right to make partial deliveries.
Your order will be neatly and securely packed and your package will be delivered to your home or to an address of your choice. You can enter any address you like: your work address, family, etc. If nobody is home at the address, the parcel will be offered again one day later. If still no one is at home, Besa BV will be notified by the parcel service and we will try to contact the buyer and make an arrangement.
In case of non-delivery of the goods, either due to an error by the courier service or any other form of force majeure, any sums paid by the buyer will be refunded without interest, other compensation or shipping costs. In the event of an incorrect order, the seller is not responsible for this, however, the buyer may choose to return the incorrectly ordered goods at his own risk and expense, if possible the items undamaged, in original condition and in original packaging, to Besa BV located at Rodeheide 86, 3980 Tessenderlo in Belgium.Erroneously communicated delivery addresses are the responsibility of the buyer and may give rise to additional costs.
Why no free shipping?
This is quite simple: Your goods are always packed for you with the utmost care and firmness, in order to get your package of goods to you intact and worry-free. We also have to deal with heavier weights and the processing and packing of your order takes more time and attention. The costs incurred for processing and shipping have to be paid for somehow. Most webshops pass on these costs as a kind of mark-up in the selling price of the products.It is best to make our products all just a bit more expensive and thus pretend that we do not charge shipping costs - as usually happens with other webshops.
However, we think this is unfair because it penalises customers who order several items by charging them double shipping costs. So the shops that do not charge shipping costs are earning on the "no shipping costs" without you realising it...
We prefer to keep costs open and honest!
Our shipping costs are always calculated in the shopping cart according to an address in Belgium or other countries in Europe and this according to weight and size of the articles. If you still have questions about our shipping costs, you can always contact us by e-mail.
6. Complaints procedure
We make every effort to deliver a good product. Upon receipt of your order, you should immediately inspect the delivered goods and report any defects immediately by e-mail . Should an article not be delivered according to your order or not comply with the description on our website, you must notify us immediately. You can do this by sending an e-mail to klantenservice@besa-sloten.be Please state your customer number and the sales order number # SXXXXX. Upon receipt of your complaint we will deal with it as soon as possible and within 14 working days.
The user-friendliness and completeness of our web shop for you is a very important item for us. That is why we are open to comments or points of improvement, which you may always send by e-mail with a print screen or a link to the relevant page or product.
Service is high in our standards, should something be wrong or the product not otherwise satisfactory (of course within a reasonable period after your purchase), please always contact us! We will do our utmost to provide the best possible solution for you!
Should we still not come to an agreement together via our personal complaints service: klantenservice@besa-sloten.be you can contact Safeshops.be. Safeshops.be will mediate between you as a consumer and us, if your complaint is accepted by them. Only complaints submitted through the Safeshops.be complaint form will be handled. This way, this labelling organisation immediately has all the right data to further handle your complaint.
In case of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is authorised to receive any application for out-of-court settlement of consumer disputes. The latter, in turn, will either process the application itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be/nl
In the case of disputes of a cross-border nature, you can also use the European Union's Online Dispute Resolution platform via this link:
https://ec.europa.eu/odr
7. Legal guarantee
With regard to the delivery of goods, we apply the statutory minimum warranty period of two years if the good does not conform to the order placed. This means that in case of defects or faults in the goods, a free repair or replacement is possible up to two years after delivery, except in the case of defects or effects due to vandalism or incorrect assembly.
To the extent possible and reasonable, you shall have the choice between repair or replacement. Only in case the repair or replacement is excessive or impossible or cannot be carried out within a reasonable time, you are entitled to demand a price reduction or the rescission of the sales contract.
If the defect or fault manifests itself within six months of delivery, it is deemed to have already existed before delivery, unless we can prove otherwise. After six months, you will have to prove yourself that the defect was already present at the time of delivery.
8. Right of withdrawal
In the context of distance sales to consumers falling within the scope of application of the Law of 14 July 1991, amended by the Law of 6 April 2010, the consumer has the right to notify the seller that he renounces the purchase, without payment of any penalty and without giving any reason, within fourteen (14) calendar days from the day following delivery. To exercise your right of withdrawal, you can also use the FORM FOR RETURN below.
Should the consumer invoke this possibility, he/she must return the goods within 14 calendar days at his/her own risk and expense to Besa BV, Rodeheide 86, 3980 Tessenderlo, Belgium. As soon as you have notified Besa of your right of withdrawal, a new period of 14 calendar days starts to run within which you can return the articles. If possible, we kindly ask you to return the articles undamaged, in their original condition and in their original packaging. After receiving the goods, we will apply a refund period of 14 calendar days.
Why do I get less money back for my returned product?
Items that are used, damaged, opened or incomplete can be returned. However, in this case Besa will be able to claim compensation from the consumer corresponding to the decrease in value of the item.
- Example: if the consumer returns an item without its original packaging, Besa may charge a small compensation for this, i.e. the value of new packaging.
- Example: if the consumer returns an item so damaged that it has become unsalable, Besa may charge the full purchase price as a depreciation.
The depreciation Besa charges will always correspond to the depreciation of the item. We will examine this on a case-by-case basis.
Items made especially for the customer according to customer specifications (for example: a special size, specific RAL colour, etc.), we cannot accept as returns.
In case of non-delivery of the goods, either due to courier service error or any other form of force majeure, any sums paid by the buyer will be refunded without interest, other compensation or shipping costs. In case of an incorrect order, the seller is not responsible for this, however, the buyer may choose to return the incorrectly ordered goods at his own risk and expense, in original packaging and in undamaged and unused condition, to Besa BV, Rodeheide 86, 3980 Tessenderlo, Belgium. Incorrectly communicated delivery addresses are the responsibility of the buyer and may result in additional charges. Shipping costs in the shopping cart are always calculated according to an address in Belgium or other countries within Europe and this according to weight of the articles.
9. Force majeure
The seller shall not be liable for any delay in the performance or non-performance of its obligations due to events beyond its normal control, including production interruptions, difficulties in supplying or shortages of raw materials, work force, energy or transport or delays in transport, strikes, lock-outs, work interruptions or other collective labour disputes affecting either the seller or ourselves or our suppliers, even if these events are foreseeable.
The seller cannot be held responsible for delays incurred beyond the seller's control. In case of non-delivery of the goods, either due to an error of the courier service or any other form of force majeure, any sums paid by the buyer will be refunded without interest, other compensation or shipping costs.
10. Prices and payments
All products offered through E-commerce are payable in advance through the payment options offered unless otherwise stated or agreed. Please remember that the transaction amount will be charged directly to your credit card at the time of the transaction.
Invoices are payable directly at Besa BV with registered office located at Rodeheide 86, 3980 Tessenderlo in Belgium, on the due date, net without discount, unless otherwise stated on the invoice. Any complaint regarding invoices must, in order to be admissible, be formulated in detail by registered letter within three (3) days of receipt of the invoice.
In case of overdue payments, interest shall be charged on the outstanding invoice amounts ipso jure and without prior notice of default being required at the rate of 1% per month from the invoice date. In the event of non-payment and if a reminder sent by normal post has remained without effect for 14 days, fixed compensation shall also be payable equal to 10% of the outstanding amounts, with a minimum of 50.00 euro.
In the event of full or partial non-payment of an invoice on the due date or any other breach by the buyer of its obligations under the agreement, the seller reserves the right, ipso jure and without notice of default, to suspend the performance of all agreements with the buyer or to terminate them with immediate effect, without the need for any judicial intervention, and to demand immediate payment of all debts, even those not yet due, or to make the delivery only against cash payment, notwithstanding earlier agreements and without prejudice to any other rights the seller may assert. Failure to take immediate action against a shortcoming on the part of the buyer may under no circumstances be regarded as a waiver on the part of the seller to invoke this shortcoming at a later date.
11. Retention of title
Notwithstanding Article 1583 of the Dutch Civil Code, Besa BV remains the owner of the sold goods until the day of full payment of the full price, including all costs and charges, negligence interest and fees. In the event of non-payment, the seller reserves the right to take back the goods, ipso jure and at the expense of the buyer.
12. Proof
Electronic evidence (for example: emails, backups, etc.) is accepted by all parties involved within the framework of sales agreements and relationships.
13. Severability
If any of the present conditions should be declared null and void or inapplicable, the remaining conditions shall nevertheless remain in full force and effect and shall apply to the extent permitted by law.
14. Age
By ordering, You declare that You are over 18 years old and responsible about Your purchase.
15. Applicable law
Disputes relating to the conclusion, validity, interpretation or performance of the contract or of the present general terms and conditions shall be governed exclusively by Belgian law and shall fall within the exclusive jurisdiction of the Courts of Turnhout.
16. Personal data
When placing an order and accepting the terms and conditions at checkout of this order, you consent to our using your personal data to process your order. More and detailed information which Privacy Policy Besa applies can be found on the following page.
How long do we keep your personal data?
We only use your personal data to process your order. We will never use it for other purposes or pass it on to third parties. If you would like your account to remain after the order and Besa may keep your personal data for a longer period of time, you may inform us via klantenservice@besa-sloten.be.
We keep your personal data for as long as is necessary in function of the purposes of processing and legal requirements: We are required to keep certain social documents for five years and invoices will be kept for seven years.
Your rights
You have the right to access your personal data and the use we make of that personal data free of charge at any time. You have the right to ask us to correct, supplement or delete your Personal Data. You may also request to restrict the processing of your Personal Data in a number of cases listed in the GDPR. You have the right to oppose the processing of your Personal Data if you have serious and legitimate reasons to do so that override our need to process your data. You also always have the right to oppose the use of Personal Data for direct marketing purposes, even without having to provide a reason.You have the right to request your Personal Data in digital and readable form and/or to have it transferred to another data controller of your choice. Insofar as our processing is based on your prior consent, you have the right to withdraw that consent.
You can exercise your rights by e-mail to klantenservice@besa-sloten.be, by post to Besa BV located at Rodeheide 86, 3980 Tessenderlo in Belgium or via the contact from on our website.
You have the right to lodge a complaint with the Belgian Data Protection Authority:
Drukpersstraat 35
1000 Brussel
Phone: +32 (0)2 274 48 00
contact@apd-gba.be
If necessary, you can also go to the civil court to claim damages.