General terms and conditions for David&Goliath webshop
This website is the property of David&Goliath sa
Registered Office: David&Goliath sa
8501 Heule (Kortrijk) Belgium
Phone: +32 (0)2 514 99 27
Company Number: BTW BE 0879.103.872
Belfius Bank IBAN: BE88 0682 4394 6741 BIC/ SWIFT: GKCCBEBB
The General Terms and Conditions as stated here, apply to all products purchased at the David&Goliath webshop. Every order implies that the general terms and conditions of sale are accepted. Belgian Law alone shall apply to the General Terms and Conditions of David&Goliath sa. The customer has the right to inform the seller that it is cancelling the purchase, without having to pay a penalty and without having to state the reasons, within 14 calendar days following delivery of the goods. However, this only applies for stock products and hence not for special orders.
Purchase and payment
The agreement between David&Goliath sa and the buyer comes into being as soon as the buyer has accepted the terms and conditions set by David&Goliath sa and has agreed with them. The lack of a traditional signature does not affect the obligatory character of the offer and its acceptance. David&Goliath sa has the right to refuse an order or subject it to additional conditions, for instance for large orders, orders placed by minors, when the order procedures have not been carried out in full or when previous orders have caused problems. David&Goliath sa will always confirm the order by e-mail. Until a confirmation e-mail has been received by the customer, the order is not valid. Payment for products bought at David&Goliath sa can be made only by money transfer or one of the other available methods of payment. The seller remains the owner of the goods until payment has been completed. To guarantee secure online payment and the security of your personal data, transactions are sent over the Internet, locked and secured by SSL technology. To execute payment through SSL, no extra software is needed. If payment is not made on time, David&Goliath sa has the authority to cancel the agreement immediately or to delay (further) delivery of the goods until full payment has been made. The general terms and conditions and confirmation e-mails are always stated in the language of the website.
Delivery and times of delivery
The delivery times stated by David&Goliath sa are approximately correct but are not ultimate deadlines. As soon as the goods have been delivered at the delivery address, the risk concerning these products is the purchaser’s responsibility. For deliveries abroad the general conditions can be different. David&Goliath sa delivers in Europe. Deliveries are made exclusively through a courier service provided by an external carrier, unless another method of delivery was agreed previous to the agreement. You will be informed about shipping and delivery costs before your purchase is confirmed. If shipping costs cannot be calculated automatically, this will be mentioned and /or an estimate of the shipping costs will be forwarded.
We provide information, images, verbal information, price quotes concerning the goods offered and the main characteristics of the goods as accurately as possible when given by phone or e-mail. David&Goliath sa does not accept responsibility for advice it has provided, printing errors on the website or technical information provided by suppliers or manufacturers. The products offered by David&Goliath sa comply with legal standards and can be sold online. The David&Goliath sa website may include links to other sites that could be informative or of interest for the visitor. These links are intended to provide information only. David&Goliath sa is not responsible for the contents of these sites, nor for their use.
Time for reflection and returns (Law on buying by mail order)
The Belgian Act on Commercial Practices, Information and Protection of the Customer of 12th April 2010, states that the purchaser has a time for reflection of 14 calendar days for all products bought from David&Goliath sa. However, this only applies for stock products and hence not for special orders. This period starts as soon as you or someone assigned by you has received the goods. During this period we expect you to handle the goods and the package material carefully. The right to cancel the purchase is not possible if the product and the package material are no longer original, undamaged and unused. If you want to cancel the purchase, you must inform us by phone or by letter within 14 calendar days following the day of delivery of the goods. Cancelling the purchase is not subject to any penalties and there is no need to provide a reason. More information about cancelling or returning goods can be found in the section about cancellations, returns and exchanges at our website. The goods must be returned undamaged, unused and unopened (in their original packaging) at the very latest 14 days after delivery. The shipping date is the control date. All documentation, certificates of guarantee and packing materials must be added to the return shipment, as well as the number of your bank account. The purchaser will pay the shipping costs of the returned goods. Consignments sent with insufficient or no postage will always be refused and will be sent back to the purchaser. David&Goliath sa will return the complete amount of the purchase, including shipping costs, within 30 days after the goods have been returned. If goods have not been returned in accordance with the conditions of the right to cancel, the amount of the purchase, minus the shipping costs, may or may not be returned in full. If this is the case, the product will remain your property. At your request, the goods can be sent back to you subject to payment of the shipping costs. Repayment is not possible when a product has been worn or is damaged in any other way.
The customer is required to check the goods thoroughly immediately after receiving them and decide whether they are in accordance with the agreement: Have the correct goods been delivered? Do the goods delivered comply with the agreed quality specifications, or – if no specifications were made – do they comply with the standards expected for normal use of the goods? If a clear, obvious defect is found, it must be reported to David&Goliath sa within 7 working days after delivery. Any hidden defect must be reported within 2 working days after discovering it, in writing by e-mail to firstname.lastname@example.org. This must take place at the latest within 2 months after delivery of the products. The cost for returning the goods that do not comply with the description of the offer will be borne by David&Goliath sa. The risk of goods unloaded is transferred entirely to the purchaser at the place were they are unloaded. Any complaints about goods after they have been moved will be inadmissible. Damage caused by injudicious relocation of goods may never result in compensation being paid by the seller.
Circumstances beyond our control
These are all external causes, anticipated or not, and on which David&Goliath sa cannot exert any influence, yet which make it impossible for David&Goliath sa to meet its commitments. David&Goliath sa has the right to appeal to ‘Circumstances beyond our control’ if the circumstances that make it impossible for it to meet its commitments occur after David&Goliath sa would normally have met its commitments. In such a situation, delivery and other obligations of David&Goliath sa are cancelled. If this period is longer than 8 weeks, both parties may cancel the agreement, without any obligation of compensation.
Before paying the invoice, you will be notified of the price of the goods. All prices are in euro and include VAT. Shipment costs are mentioned separately. Agreeing a price with the customer does not negate the right of David&Goliath sa to increase the price. Offers are valid as long as the goods are in stock. If a price is increased after the agreement has been made, the customer can cancel the agreement, regardless of the percentage of the increase. A personal offer has a validity period of 2 weeks, unless another period is stated in the offer.
All samples made available for by way of indication and are not binding. Differences, in shade, size and structure may occur between goods on display and goods delivered. There may also be differences within the same batch of goods ordered. This is related to the traditional and natural products in question and is acknowledged and accepted by the customer at the time of the order. We are unable to guarantee that any of our products are frostproof. Placing our goods in a place liable to frost is always at the risk of the buyer.
Rights of intellectual ownership
The contents of this site, including brands, logos, drawings, data, names of products or companies, texts, images, etc. are protected by intellectual property rights and belong to David&Goliath sa or third parties who own the rights. All studies, plans, documents, sketches, drawings, samples and designs remain the property of the seller, protected by intellectual property rights. In submitting these to the customer, they may not be misused, either by the customer or by third parties. The customer is liable for any misuse and the seller reserves the right to claim compensation. The items mentioned above must be returned when first requested.
Questions and complaints
Complaints and disputes must be made within 7 days after delivery. If a complaint is accepted, our liability is limited to exchanging the goods. The liability of the seller is limited to the amount paid for every order. David&Goliath sa will deal with questions or complaints within the reasonable period of 7 calendar days.
Belgian law alone applies to all offers and agreements, without giving effect to any principles of law. All disagreements caused by offers or deals made by David&Goliath sa will be heard only before the authorised Court of Justice at Kortrijk, unless an imperative statutory provision indicates another jurisdiction is authorised.
Limitation of liability
The information at the website is of a general nature. It has not been adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the customer. David&Goliath sa makes every possible effort to provide correct, accurate and up-to-date information. In spite of these efforts, inaccuracies may occur in the information provided at the website. If the information is inaccurate or if parts of the information are unavailable at the website, David&Goliath sa will do its utmost to rectify this without delay. However, David&Goliath sa cannot be held liable for direct or indirect damage caused by the information at this site. If you find inaccuracies in the information provided by this site, you may contact the administrator. The contents of this website, including its links, may be adjusted, changed or supplemented without prior notice. David&Goliath cannot guarantee the proper operation of this site and cannot be held responsible for any incorrect operation, temporary unavailability of the site, or for any damage caused by access to, or use of the website. David&Goliath sa can never be held responsible directly or indirectly for damage caused by the use of this website or other sites, especially as a consequence of links or hyperlinks, including all loss, interruption of work, damage to programs and other computer system data, machinery programs or other of the user. The website may contain hyperlinks to sites or pages of third parties or refer to these indirectly. Installing the links to these sites or pages does not imply any approval of their contents. David&Goliath sa clearly states it has no control over the characteristics of these sites and can never be held responsible for their contents or characteristics, nor for any damage caused by using them.