Terms and Conditions - Belgium
Terms and Conditions
1. Agreement
The agreement consists of these terms and conditions, the information provided in the webstore order interface, and any specifically agreed conditions. In case of a conflict, the specifically agreed conditions take precedence, as long as they are not in violation of mandatory law.
The agreement is also supplemented by applicable Belgian legal provisions regarding the sale of goods between businesses and consumers (Book VI of the Belgian Code of Economic Law).
2. Parties
The seller is:
AVA of Norway GmbH, VAT number: DE324809408
Hereinafter referred to as "the Seller".
The buyer is the consumer placing an order through the website, hereinafter referred to as "the Buyer".
3. Price
The listed price includes all taxes (e.g., VAT), recycling contributions, and additional charges. No additional costs may be charged without prior notice.
4. Formation of the Agreement
The agreement becomes binding once the Buyer places an order and the Seller has confirmed it.
If there is a clear mistake (e.g., typing error) in the offer or the order, and the other party knew or should have known it was an error, the agreement is not valid.
5. Payment
The Seller may request payment upon dispatch. For card payments, the charge may be reserved at the time of ordering and captured on shipment.
For post-payment options (e.g., invoice), the invoice must be paid within 14 days of delivery. Buyers under 18 are not eligible for post-payment.
6. Delivery
Delivery occurs when the Buyer or a third party receives the product. If no delivery time is stated, it must occur within 30 days. The Buyer may request delivery without a signature, at their own risk. The Seller must then provide proof of delivery (e.g., a photo).
7. Transfer of Risk
Risk passes to the Buyer upon receipt of the goods.
8. Right of Withdrawal
The Buyer may withdraw from the purchase within 14 calendar days of receiving the product without giving a reason. Notice must be given in writing (e.g., email or withdrawal form).
The Buyer must return the goods within 14 days of notice. Return costs are borne by the Buyer unless otherwise stated. The Seller refunds the purchase (including shipping) within 14 days of withdrawal but may wait until goods are received or return is proven.
The Buyer may examine the product, but diminished value due to excessive use may be charged.
Exceptions (e.g., sealed hygiene products) must be clearly stated.
9. Delayed or Non-Delivery
If delivery is delayed, the Buyer can demand fulfillment, cancel the contract, or seek compensation. A reasonable grace period must be given unless timely delivery was essential.
10. Non-Conformity & Complaints
If the product is faulty, the Buyer must report it within a reasonable time, no later than 2 months from discovery. A 2-year legal warranty applies, extendable if the product is intended to last longer.
The Buyer may request repair, replacement, a price reduction, or cancellation depending on the situation.
11. Buyer's Breach
If the Buyer fails to fulfill obligations, the Seller may suspend delivery, cancel the contract, and claim compensation after notice. Statutory interest and collection costs may apply under Belgian law.
Uncollected parcels may result in a charge up to actual delivery costs.
12. Warranty
Any commercial warranties are in addition to the statutory rights and do not limit them.
13. Personal Data
The Seller processes data in compliance with the GDPR. Data is only used for contract fulfillment and is not shared unless necessary (e.g., logistics partners). The Buyer has the right to access, correct, or delete their data.
14. Disputes
Complaints must first be submitted to the Seller. If unresolved, the Buyer may contact the Belgian Consumer Mediation Service (consumentenombudsdienst.be) or use the EU ODR platform: https://ec.europa.eu/consumers/odr
