Terms and conditions of use

Article 1 Validity of these conditions

  • The assignement or order of the customer supposes acceptance of the term and conditions of Emmers
  • Special and different conditions of Emmers shall only be binding if they have been agreed upon in writing and their applicability shall be limited to each individuel case.

Article 2 – Identity of the entrepreneur

Visiting and postal address:

Emmers Ruitersport
Bernard-Kempplein 23
B-3930 Hamont-Achel

Telephone number: 0032 (0)11 66 47 73

Accessible:

Monday: 13u - 18u
Tuesday - thursday: 9.30 - 18u
Friday: 9.30 - 20u
Saturday: 9.30 - 17.30u

E-mail: shop@emmers.be

VAT identification number: BE 0478.174.762
IBAN  BE52 7330 3610 1309
BIC/SWIFT KREDBEBB

 

Article 3 - Applicability

1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded by the etrepreneur and consumer.

2. These general terms and conditions can be accessed by consumers via www.emmers.eu, in such a manner that it may be easily stored by the consumer on a durable data carrier.

3. In the event that special product conditions apply, in addition to these general terms and conditions, the second paragraph is also applicable to those special conditions; in the event of conflicting general terms and conditions the consumer may at all time invoke  the applicable provision that is the most favourable to him.

Article 4 - The offer

1. If an offer has a limited validity or is made subject to conditions, this shall be expressly stated in the offer.

2. Each offer shall include a full and accurate description of the offered products. The description shall be sufficiently specific to allow the consumer to properly consider the offer. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

3. If an article is out of stock, the delivery time is depending on the availability at our supplier.

You can reach us on the follwoing telephone number +32 (0)11 66 47 73 or enquire by e-mail about the estimated delivery time, we will help you as soon as possible.

Article 5 - The agreement

1. The agreement, subject to paragraph 4 of this article, goes into effect at the moment of acceptance by the client of the offer and the satisfying of the associated conditions. 

2. If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of acceptance. As long as the receipt osuch acceptance is noconfirmedthe consumer is able to dissolve the contract.

3. If the contract is concluded electronically, the trader will take suitable technical and organizational measurements to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

Article 6 - The right of withdrawal upon delivery of products

1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during at least seven days. This period commences on the day after the product was received by – or on behalf of – the consumer.

2. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.

Article 7 - Costs in a case of withdrawal

1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.

2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.

Article 8 - Preclusion of right of withdrawal

1. The trader can only preclude the consumer from having a right of withdrawal if he clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.

2. Preclusion from the right of withdrawal is only possible for products:

a)  that have been created by the trader in accordance with the consumer’s specifications;
b)  that are clearly of a personal nature;
c)  that cannot be returned due to their nature;
d)  that rapidly decay or become obsolete;
e)  the price of which is subject to fluctuations on the financial market over which the trader has no influence;

Article 9 - The price

1.   During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs

2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.

3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.

3. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:

a) they are the result of statutory regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

4. Prices stated in offers of products or services include VAT.

5. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

Article 10 - Conformity and Warranty

1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.

2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the distance contract in relation to a failure on the part of the trader to keep to his obligations vis-à-vis the consumer..

Article 11 - Supply and implementation

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services

2. The place of delivery is deemed to be the address that the consumer makes known to the company

3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has a right to dissolve the contract, free of charge, and a right to possible damages.

4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.

5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.

6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise

Article 12 - Payment

1. Unless otherwise previously specifically agreed by the parties in writing, the amounts to be paid by the Consumer are on the conformity with indications given on the store's website Emmers.eu

2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.

3.. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Article 13 – Complaints procedure

1. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.

2. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

Artikel 14 - Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.