Terms and Conditions

 

Company details:

Fumaci BV

Kortrijksesteenweg 189 bus 2, 9830 Sint-Martens-Latem

Company number: 1013.175.886

VAT: BE1013.175.886

Contact details :

info@fumaci.be

+32 456 71 27 14

 

 

 

Article 1: General provisions

 

The e-commerce website of Fumaci, a limited partnership with registered office at Kortrijksesteenweg 189 bus 2, 9830 Sint-Martens-Latem, BE1013.175.886 (with commercial name 'Fumaci') offers their customers the opportunity to purchase products from their online store online.

 

These General Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the Fumaci online store, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Fumaci.

 

 

Article 2: Price

 

All prices stated are expressed in EURO, always including VAT and all other duties or taxes required to be paid by the Customer.

 

If delivery, reservation or administrative costs are charged, this will be stated separately.

 

The price statement applies exclusively to the items as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.

 

Article 3: Offer

 

Despite the fact that the online catalog and the e-commerce website have been compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer do not bind Fumaci. Fumaci is only obliged to make an obligation of means with regard to the accuracy and completeness of the information provided. Fumaci is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.

 

If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance. This can be done by email to info@fumaci.be or via Whatsapp to +32 456 71 27 14

 

The offer is valid while supplies last and can be adjusted or withdrawn at any time by Fumaci. Fumaci cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

 

 

Article 4: Online purchases

 

To purchase an item, and therefore to place an order, you will have to add the item to your shopping cart. You can then choose the quantity of the item you want to order. Afterwards you can choose whether you continue shopping or proceed with payment. If you choose to continue shopping, you can always find your shopping cart at the top right to pay. When you have completed your purchases and want to check out your shopping cart, you will have to fill in your customer details, choose the delivery method and payment method, and use your promotional code if necessary. Afterwards you can check the details of your order and, if necessary, detect and correct input errors before placing the order. By clicking on “Order and pay”, you place a binding order for the items in your shopping cart and agree to pay for them. After you have placed your order, we will immediately send you a confirmation of your order by email. The contract is binding as soon as you have received confirmation of the order from us.

 

The Customer can choose between the following payment methods:

• Payment methods on the website
• Directly at the registered office by bank transfer

Fumaci is entitled to refuse an order due to a serious shortcoming by the Customer with regard to orders in which the Customer is involved.

 

 

 

Article 5: Delivery and execution of the agreement

 

The ordered items will be shipped as soon as possible after receipt of payment. This is usually within 2 working days after placing the order.

 

Incorrect delivery addresses are the responsibility of the customer and may result in additional delivery costs.

 

The stated sales prices always exclude delivery costs, unless stated otherwise.

 

Unless otherwise agreed or expressly stated otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.

 

Any visible damage and/or qualitative shortcoming of an item or other shortcoming during delivery must be reported by the Customer to Fumaci without delay.

 

The risk of loss or damage passes to the Customer once he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk is already transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Fumaci.

 

 

 

Article 6: Retention of title

 

The delivered items remain the exclusive property of Fumaci until full payment has been made by the Customer.

 

If necessary, the Customer undertakes to inform third parties of Fumaci's retention of title, for example to anyone who would seize items that have not yet been fully paid for.

 

 

 

Article 7: Right of withdrawal

 

The provisions of this article only apply to Customers who purchase items online from Fumaci in their capacity as consumers.

 

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.

 

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.

 

To exercise the right of withdrawal, the Pauline De Graeve, Kortrijksesteenweg 189 bus 2 9830 Sint-Martens-Latem, +32 456 71 27 14 – info@fumaci.be must inform us of this by means of an unambiguous statement (e.g. in writing by post or by e-mail). his decision to withdraw from the agreement. If you have an account, you can indicate your return via your account. If you do not have an account, please send an email to info@fumaci.be to report your return.

 

To comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

 

The Customer must return or hand over the goods to Fumaci, Kortrijksesteenweg 189 bus 2, 9830 Sint-Martens-Latem, Belgium, without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Fumaci. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

 

The direct costs of returning the goods will be borne by the Customer.

 

The Customer is requested to return the items in their original condition and packaging, with all accessories supplied and instructions for use. If the returned product has been reduced in value in any way, Fumaci reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods resulting from the use of the goods by the Customer. goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.

 

All returned items will be carefully examined. The basic principle here is that the consumer may only inspect the item as he would in a store. Returned items must not have been used. Please do not store our items in smoky areas, in the kitchen or near pets. If an item has suffered a reduction in value due to the use of the Customer, this will be charged to the Customer.

 

If the Customer revokes the agreement, Fumaci will refund all payments received from the Customer up to that time to the Customer within a maximum of 14 calendar days after Fumaci has been informed of the Customer's decision to revoke the agreement. For sales agreements, Fumaci can wait with the refund until it has received all the goods back.

 

Fumaci will reimburse the Customer using the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement, excluding delivery costs.

 

A large number of the products in the webshop are handmade. This means that products have small differences. It may happen that a size or color differs slightly from the item shown on the site.

 

The Customer cannot exercise the right of withdrawal for the delivery of goods manufactured according to the Customer's specifications, or that are clearly intended for a specific person; Items that are specially ordered for you cannot be exchanged and/or returned.

 

 

 

Article 8: Warranty

 

Under the Act of 21 September 2004 on the protection of consumers in the sale of consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

 

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

 

For items purchased online and delivered to the Customer's home, the Customer must contact Fumaci customer service and return the item to Fumaci at his expense.

 

If a defect is discovered, the Customer must inform Fumaci as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. Afterwards, any right to repair or replacement expires.

 

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the user instructions or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

 

Defects that manifest themselves after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless the Customer proves otherwise.

 

 

 

Article 9: Customer Service

 

Fumaci customer service can be reached via Whatsapp on telephone number +32 456 71 27 14 via email at info@fumaci.be. Any complaints can be addressed here.

 

 

 

Article 10: Sanctions for non-payment

 

Without prejudice to the exercise of other rights available to Fumaci, in the event of non-payment or late payment, the Customer is legally liable and without notice to pay interest of 10% per year on the unpaid amount from the date of the default. In addition, the Customer is legally liable and without notice to pay a lump sum compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.

 

 

 

Article 11: Privacy

 

The person responsible for the processing. Fumaci respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.

 

Fumaci uses the personal data you provide to us for customer and order management:

 

to ensure that we can deliver your order;

to keep you informed about your order or possible return;

to be able to invoice;

to inform you about our services, to send you marketing and personalized advertising;

to evaluate our operation and service;

to answer your questions and communicate with you;

to pursue our own rights (e.g. payment of invoices, refuting liability claims, claiming damages).

Fumaci keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.

 

Fumaci continuously works on developing and improving its products and services. In some cases, personal data is processed for this purpose.

 

Fumaci is also active on social media. If you contact us via social media, we process your data to contact you, to answer the questions you ask, to carry out the promotion in which you participated and to inform you about the outcome, or to hear your opinion. Fumaci processes your contact details.

 

If you are a prospective employee, Fumaci processes your data to determine whether you are a good match with our company.

 

In addition, Fumaci processes your personal data to comply with legal obligations or to respond to any reasonable questions from competent authorities.

 

For the processing of personal data, Fumaci relies on the necessity of the processing to provide our services to you, or on a legal obligation or for the sake of a legitimate interest (e.g. the proper management of our customer base, monitoring our stock).

 

By placing an order on our website, you agree that we may use your provided email address for communications related to your purchase, such as order confirmations, shipping information and customer service. In addition, we reserve the right to use your email address to send promotional content, such as newsletters and offers, related to our products and services. We are committed to respecting your privacy and will not share your information with third parties for marketing purposes without your express consent. You can unsubscribe from promotional emails at any time by following the unsubscribe instructions included in each email. Please see our privacy policy for more information on how we collect, use and protect your personal data in accordance with the General Data Protection Regulation (GDPR).

 

 

Who has access to your personal data?

 

Fumaci shares your personal data with your consent, if it is necessary to provide you with our services or if this is required by law.

 

When you place an order in the Fumaci webshop, the payment is processed by an external payment service provider. Financial data that you enter on the secure website of this external payment service provider will not be collected or processed by us.

 

Fumaci may share your personal data with others who are directly or indirectly connected to Fumaci or with third parties who process data on our behalf. When these service providers act as data processors on our behalf, Fumaci does not permit them to use or disclose this data in a manner that does not correspond to the cases described in this privacy statement.

 

These recipients will take the necessary technical and organizational measures to protect the personal data.

 

Fumaci does not sell or disclose the personal data collected to third parties, except as described in this privacy statement or as notified to you at the time of collection.

 

Fumaci may also disclose your personal data in the following cases:

 

When certain legislation or a legal procedure requires us to do so;

in the context of an investigation into suspected or current fraudulent and illegal activities;

when this is necessary to defend our own interests (e.g. in the context of legal proceedings).

Fumaci reserves the right to transfer personal data in the event that Fumaci sells part or all of the company or assets. If such a sale occurs, all reasonable measures will be taken to encourage the acquirer to correctly process the personal data provided to us in a manner consistent with this privacy statement.

 

Fumaci processes your personal data within the European Economic Area.

 

 

 

How long do we keep your personal data?

 

The content of each communication is processed for as long as necessary to provide you with our services and to safeguard our interests (such as our liability or for the purposes of asserting our rights).

 

The data will be deleted 10 years after the end of any cooperation or after the last contact between us, except in the case of an ongoing dispute.

 

 

What are your rights?

 

In accordance with European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you can request us at any time to view, correct or delete your personal data in whole or in part. partially erase. You can also file an objection to the processing of your personal data.

 

In addition, the customer has the right to obtain a copy (in a structured, commonly used and machine-readable form) of his personal data and to have the personal data forwarded to another company.

 

In order to exercise the above rights, the customer is asked to:

 

to adjust the settings of his customer account himself; and/or

send an email to the following email address: pauline@fumaci.be.

The customer has the right to object, free of charge, to any processing of his personal data for the purpose of direct marketing.

 

If the customer has a request, question or complaint about the processing of his personal data, he can contact Pauline De Graeve via info@fumaci.be with a copy of his identity card. Fumaci undertakes to respond to these requests and complaints in a timely manner.

 

The customer also has the right to file a complaint with the Commission for the Protection of Privacy (Drukpersstraat 35, 1000 Brussels - commission@privacycommission.be).

 

 

Article 12: Use of cookies

 

During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

 

'First party cookies' are technical cookies that are used by the visited site itself and that aim to ensure that the site functions optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.

 

'Third Party cookies' are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. E.g. cookies from Facebook or Google Analytics. The visitor to the site must first give permission for such cookies - this can be done via a bar at the bottom or top of the website, with reference to this policy, which, however, does not prevent further surfing on the website.

 

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

 

By using our website, you agree to our use of cookies.

 

 

 

Article 13: Affect of validity - non-renunciation

 

If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.

 

The failure at any time by Fumaci to enforce any of the rights listed in these Terms, or to exercise any right hereunder, will never be considered a waiver of such provision and will never affect the validity of these rights.

 

 

 

Article 14: Changes to conditions

 

These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to. In the event of any contradiction, these Terms and Conditions shall prevail.

 

 

Article 15: Evidence

 

The Customer accepts that electronic communications and backups can serve as evidence.

 

 

 

Article 16: Applicable law – Disputes

 

Belgian law applies, with the exception of the provisions of private international law regarding applicable law.

 

The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also turn to the ODR platform ( http://ec.europa.eu/consumers/odr/ ).