General terms and conditions of NV van Ratingen for online purchases
1.1 This document contains the general conditions which apply to the website www.fritel.com (hereafter named ‘this Website’) and all orders and purchases carried out through the online store on this Website (hereafter named ‘the Webshop’) by natural persons who act solely on non-professional terms (hereafter named ‘the consumer’), exploited by NV van Ratingen, trading under the name NV van Ratingen, with headquarters at Stadsheide 11, 3500 Hasselt, registered at the Central bank of Companies under number 0414-669-951 bank account number BE88 3630 3880 0141 (hereafter named ‘van Ratingen’).
These general conditions regulate the modalities of the buy-sell of the products available in the Webshop (herafter named ‘the Product’ or ‘the Products’) between van Ratingen and the Consumer, with regards to the order, the payment, the delivery and the right of withdrawal. The judicial relation between van Ratingen and the Consumer is solely controlled by these general conditions, with exception of possible general conditions of the Consumer.
1.2 For questions regarding this Website, the offered Products or these general conditions, the Consumer can contact ‘NV van Ratingen’ as follows:
•Via e-mail on this address: email@example.com
•By sending a letter to this address: NV van Ratingen, Stadsheide 11; B-3500 Hasselt.
•By telephone on this number: +32(0)11 22 21 71. This number can be reached from Monday to Thursday between 9-12 and 14-17h and Friday from 9-12 and 14-16h.
•To place an order, the Consumer must be at least 18 years old and be a resident of the Benelux.
1.4 Placing an order via the Webshop implicates that the Consumer has read, approved and accepted these General terms and Conditions.
1.5 Van Ratingen keeps the right to change these General terms and Conditions without prior notice. Every time a Consumer wishes to order a Product via this Webshop, the Consumer must check the general terms and conditions to ensure he understands the conditions that apply when the Consumer commits to this agreement.
2 Offers and orders
2.1 An offer is valid until the indicated date on the Webshop or until end of stock.
2.2 The images of the products in this Webshop are only for illustrative purposes. Although van Ratingen does everything possible to depict the true colors of a Product, it can not guarantee that the representation on the display of the Consumer matches the exact color of the Products.
2.3 Although van Ratingen has done everything possible to be very accurate, all sizes, weights, contents, dimensions and measurements displayed on this Webshop can differ up to 10% max.
2.4 The information available on this Website is of general nature, and for that reason not adjusted to personal or specific conditions, so they can never be seen as personal advice. The use of this Website and the available information is solely at the consumer’s own risk and can never result in the liability of van Ratingen.
2.5 An order is supposed to be processed and approved by van Ratingen from the moment the Consumer receives the order confirmation by van Ratingen via e-mail. At receipt of this e-mail the agreement (‘Agreement’) between van Ratingen and the Consumer is realized.
2.6 When van Ratingen can’t provide a Product to the Consumer, because it is out of stock or because of an error in the price display, van Ratingen will inform the Consumer of this per e-mail as soon as possible and stop processing the order of the Consumer. In case the Consumer already paid for the Products, van Ratingen will pay back this amount as soon as possible.
2.7 It is not accepted to create a hyperlink to this Website or document without prior written approval of van Ratingen.
3 Right of withdrawal
3.1 The Consumer has a right of withdrawal, in accordance to article VI.47 Code of Economic Law. Based on this right of withdrawal the Consumer has fourteen (14) calendar days to refrain from the Agreement. The Consumer is not kept to pay a compensation or give a motive to exercise this right of withdrawal. The right of withdrawal period ends 14 calendar days after the day the Consumer, or a third party appointed by the Consumer, who is not the transporter, takes possession of the Products or the day the Consumer, or a third party appointed by the Consumer, who is not the transporter, takes physical possession of the last good (in case the Consumer has ordered multiple Products in a single order which are delivered separately).
3.2 The Consumer must give notice to van Ratingen of exercising the right of withdrawal by post or e-mail and in time. The Consumer can for his reason also use the Template for Right of Withdrawal (annex 1). The notification by the Consumer to exercise the right of withdrawal is seen as in time when the notification is sent before the expiration of the right of withdrawal period.
3.3 When the right of withdrawal is correctly used, van Ratingen will refund the Consumer timely, and no later than fourteen (14) calendar days dating after the day van Ratingen received the Product. The Consumer will be refunded in the same currency as was used for the original transaction, unless the Consumer has explicitly agreed otherwise. This refund can not entail extra charges. Delivery charges are refunded, unless the Consumer opted for a delivery method other than standard. In that case the difference of the cost between the standard delivery method and the different delivery method is not refunded. The Consumer must contact costumer support of van Ratingen regarding the return of the purchased item(s) (see point 3.1). This return must happen within fourteen (14) calendar days after announcement of the decision to exercise the right of withdrawal.
The Consumer takes all the risks and costs related to the return of the goods (Price indication via Bpost: Belgium and Luxembourg: 15 – 20 €, Holland and Germany: 20 – 25 €). The client must keep the proof of returning the Products.
Van Ratingen has no legal obligation to take back products when none of the included documents mention the identification of the sender (order data, name, address). The Products that are not taken back legally for that reason remain available to the Consumer at van Ratingen. The Consumer is required to take back and pay for the Products.
3.4 The direct cost for returning the Products is carried by the Consumer. Van Ratingen has the right to wait with the refund until all the Products are recovered.
3.5 In case the Products are damaged or have become useless as a result of use that went further than necessary to determine the nature, characteristics and the operation of the Products, the Consumer is held responsible. Van Ratingen is entitled to bring into account this devaluation pro-rata at refund.
In case the Products are for that reason unsaleable, the Consumer is held responsible. Van Ratingen is in such specific case entitled to charge 100% devaluation.
In case of abnormal returns or misuse, van Ratingen is entitled to refuse future orders.
3.6 In case the client does not meet the conditions mentioned above, the use of the right of withdrawal is unlawful. In that case the Product will be returned by cash on delivery to the Consumer, for the account and at risk of the Consumer.
4 Price and payment
4.1 Price of the Products is indicated in euro (EUR) and is VAT included. Shipping costs are not included, unless stated otherwise. The shipping method, shipping costs and shipping options can be consulted during the confirmation procedure when ordering from the Webshop.
4.2 On top of the Product price a cost for Recupel, Bebat, Wecycle and possible administrative contributions and transport is charged, unless stated otherwise.
The Consumer pays this price when making the order. Payment must be executed via one of the foreseen payment methods, which are Bancontact, Ideal or bank transfer.
4.3 Shipment by van Ratingen can only be done after van Ratingen receives the full payment.
4.4 Because BPost guarantees only one weekly postal delivery in the future, we will switch to electronic invoicing as of 01.01.2020. From now on you will receive your invoices in PDF format on the e-mail address you have submitted. Should you insist on receiving your invoices by post, an extra of € 2.00 will be charged. This covers the printing cost as well as the postal rate, envelope and handling.
4.5 Van Ratingen takes all reasonable measures to display the Product prices in a correct way. In case van Ratingen finds an error in the Product prices which were ordered by the Consumer, van Ratingen will inform the client about this error and offer the possibility to proceed with the purchase at the right price or to cancel the order. Van Ratingen will not process the order of the Consumer until the Consumer has given instructions on how to proceed. In case van Ratingen can not contact the Consumer via the contact information received by the Consumer during the ordering process, van Ratingen will see the order as cancelled and van Ratingen will inform the Consumer about this action in writing. In case the error in pricing was clear und undeniable and it could have been recognized by the Consumer reasonably, van Ratingen must not ship the Products to the Consumer at the incorrect (lower) price.
5 Delivery and delivery time
5.1 Van Ratingen delivers only in Belgium/ The Netherlands/ Luxembourg and the Products are delivered via a transporter of its choice.
Ordered Products are delivered as soon as possible and in any case within a period of 30 days, starting from the date of reception of the order confirmation as described in art. 2.5.
The Consumer is required to sign upon receipt. In case no one is available for reception at the address specified by the Consumer at the time of delivery, an ‘attempted delivery’ message is left behind, after which the Consumer can contact the transport company to make a new delivery appointment.
5.2 Delivery is done at the Consumer’s expense. Delivery costs vary depending on location and transport method and are communicated during the ordering process. Packaging and transport costs are included in the delivery costs. Consumers outside of Belgium will also pay for courier services. This cost varies depending on the weight of the Product, as well as the transport method and is communicated during the ordering process.
5.3 Unless stated otherwise, the Products are delivered at the address mentioned during the ordering and registration process.
5.3 Delay in delivery of the Products can never be a reason for annulment of the order or dissolution of the Agreement, or be a reason to claim a compensation of any sort. Van Ratingen can never be held responsible for a delay in delivery caused by a strike or suspension of the transport company.
5.5 If van Ratingen is unable to provide the Product within the indicated period, because the Product is out of stock or temporarily unavailable, van Ratingen will inform the Consumer about this via e-mail as soon as possible. In the absence of doing this, the Consumer can, without legal intervention and with simple notification to van Ratingen, dissolve the Agreement, in case van Ratingen hasn’t shipped the ordered Product at that very moment. Van Ratingen will in that case refund the already paid amount within thirty (30) days.
5.6 All visual defects on the external packaging must be communicated on the bill of lading or by registered letter, including images of the visual defects, to van Ratingen within two working days (Postmark date counts as proof), including a detailed description of the defect(s).
5.7 The use of the delivered Products is regarded as acceptance.
5.8 The property as well as the risk of loss and damages of the Products is transferred to the Consumer upon delivery.
7 Guarantee and liability
7.1 Van Ratingen is responsible for any lack of conformity at the time of delivery of the Products and that can manifest within a period of 2 years from the date of that delivery. When the establishment happens six months after the time of delivery then the Consumer must proof that this non-conformity existed at the time of delivery.
When a defect occurs during this period, the Consumer has the right to a free of charge replacement or repair of the Product (unless this is impossible or unreasonable). Only when the repair or replacement is unreasonable or impossible or can’t be executed within a reasonable period, the Consumer has the right to a price reduction or dissolution of the purchase. However, the Consumer can not demand the dissolution of the purchase because of a minor defect.
When determining a refund, van Ratingen can take into account the use of the Product by the Consumer since the time of delivery.
To invoke this guarantee, the Consumer must report the defects to van Ratingen by writing within a period of two months after the Consumer discovered or should have discovered these defects. In absence of such notification the client loses its right to claim an action because of lack of conformity against van Ratingen.
This guarantee only counts for Products acquired by a Consumer located in Belgium, The Netherlands or Luxembourg.
This guarantee does not affect the right of the Consumer to invoke the legal guarantee as foreseen in article 1649 of the Civil Code (applicable to the Belgian Consumer).
This guarantee does not affect the right of the Consumer to invoke the legal guarantee as foreseen in article 7:1 to 7:50 Civil Code (applicable to the Dutch Consumer).
This guarantee does not affect the right of the Consumer to invoke the legal guarantee as foreseen in article L. 212-1 - Art. L. 212-13 Code de la Consommation (applicable to the Luxembourg Consumer).
7.2 Van Ratingen can not be held responsible towards the Consumer when the Consumer uses the Products in a different way than what it was meant for and in case the use of the Products is professional, inappropriate or wrong. The guarantee is in no case applicable to Products that are damaged on purpose or because of negligence by the Consumer.
7.3 With exception of the cases where the liability of van Ratingen is based on the Law of February 25 1991 regarding the liability of Products with defects, the total maximal contractual and non-contractual liability of van Ratingen and her appointees for all other claims that may occur, is limited to the amount of the invoice related to the Products on which the claim is based.
7.4 Van Ratingen is not liable or required to refund the non-material, indirect or consequential damage, including (but not limited to) forgone profit, lost income, limitations at production level, administrative or personnel costs, loss of consumers or claims by third parties.
Van Ratingen is in no case liable for damages caused by, not only a defect of the Products, but also fully or partially by failure or negligence of the Consumer or by a person for whom the Consumer is responsible, or when the Products show defects which are the result of normal wear.
7.5 The limitations of liability described in article 7.3 and article 7.4 cannot be applied in case of deception, intent or serious mistake caused by van Ratingen or bodily injury or death caused by fault or negligence of van Ratingen.
8 Personal data
1. Personal data
4. Retention period
5. Your rights
6. Data leaks
8. Legislation and court place of jurisdiction
1. Personal data
You can always visit our website and find information about our products without leaving personal data. When you want to place an order or when you want to receive information, we do need some personal data (conform article 6.1.a) of the General Data Protection Regulation.
Personal data include your name, address, phone number, e-mail address and date of birth. Your personal data is gathered when you send us an e-mail, fill out a contact form, subscribe to the newsletter or place an order. We only save this for strict purposes, for instance to send Products and leaflets, communicate about certain Products, send newsletters, carry out an order, participate in contests or actions, use actions, have the right to a cash-back, subscribe for extended guarantee.
Because we use our services continuously, your personal data is only used within our company. We don’t submit your personal data to third parties without your approval, unless we are forced by law or by court order or when this is necessary to carry out an agreement between van Ratingen and yourself.
Possible payment info you could give us is not processed by us but by our chosen partner for payment solutions. The responsibility for processing such data is not ours and we reject any obligation or liability in this regard.
Transfers via internet are never 100% safe or faultless. Although we take reasonable measures to protect your personal data against loss, misuse and unauthorized access, publication, change and deletion, we can never guarantee the safety of the information given to us by the website users.
4. Retention period
Your personal data will be stored in a data register as long as necessary for above mentioned purposes. Afterwards your personal data is removed or anonymised.
5. Your rights
Privacy Commission (CBPL)
Drukpersstraat 35, 1000 Brussel
+32 (0)2 274 48 00
+32 (0)2 274 48 35
You are free to give your permission for the above mentioned processing or to withdraw this in a later stage. When you don’t give permission or withdraw it in a later stage, chances are you lose some benefits which can help in processing your personal data.
Instructions about changes of your preferences regarding privacy, access to your information, updating, correction or removing your information, to oppose the processing or limit it, the change of preferences in communication, transferability of data or possible questions that are related to the protection of the privacy of data, can be sent to us by e-mail or letter with a copy of your identity card via the following contact information.
NV van RATINGEN
Att.: Processing of personal data
We keep the right to use information that was received earlier to verify your identity and to take other measures we think are appropriate. We process your request within 30 days.
6. Data leaks
When discovering a data leak, without prejudice to other legal obligations, van Ratingen will:
•immediately and at the latest 72 hours after taking note, inform the CBPL about this by phone and per e-mail;
•provide the CBPL with all relevant information with regard to the data leak. Relevant information means the information needed to comply with the applicable laws and regulations;
•provide complete assistance to the CBPL in realising and executing the action plan with regard to the data leak; and
•cooperate in the adequate notification of all concerned when it is likely that an infringement will result in risk to his/ her rights and liberties (f.e. with identity theft, discrimination, reputational damage, financial loss, loss of trust or another economical or social disadvantage).
In case of a (potential) data leak, van Ratingen will by request of the CBPL:
•Offer assistance with the identification of the affected subjects;
•Perform an audit to determine suitable remedial and corrective measures and by implementing this to prevent repetition of such a situation.
8. Choice of law and court of jurisdiction
9.1 Neither van Ratingen nor the Consumer is responsible for a delay or shortcoming in the execution of the Agreement, when this is caused by supremacy. By supremacy we mean, without limiting this list: Order of the government, mobilisation, war, epidemic, lock-out, strike, protest, technical defects in transfer of communication, fire, flood, explosion, lack of resources or workers, changed global economic conditions, vandalism, exceptional weather conditions and all unforeseeable conditions that are out of reach of the parties and disrupt the normal course of business.
9.2 The party that claims supremacy notifies the other party and takes all reasonable measures to
overcome this temporary supremacy situation.
9.3 When the supremacy situation lasts more than 90 days, each party has the right to end the Agreement without being required to refund the other party in any form.
10.1 Van Ratingen has the right to terminate the Agreement with the Consumer at all times, with immediate effect, without court authorization, without prior formal notice and without paying any compensation when the Consumer, although given formal notice considering a period of at least seven calendar days, keeps from paying the total amount due or when van Ratingen has reason to believe that the Consumer will not meet the expectations towards van Ratingen.
10.2 In case of dissolution, van Ratingen has the right to claim a refund of costs, interests and damages suffered by van Ratingen and all claims of van Ratingen to the Consumer are payable immediately.
11.1 Malfunction by or delay from van Ratingen by maintaining or partially maintaining any clause of the Agreement can not be seen as a refusal of one of her rights in accordance with the Agreement, now or in the future.
11.2 When at any moment any clause of these terms and conditions of sale in any way is or becomes illegal, invalid or unenforceable under the applicable law, neither the legality nor the validity or enforceability of the remaining rules of these terms and conditions of sale and of the Agreement are affected or damaged in any way. Van Ratingen and the Consumer will make any effort and every reasonable measure to replace all illegal, invalid or unenforceable rules of these general terms and conditions by legal, valid and enforceable, with essentially the same economical scale for the parties and, to the extent that it is legally allowed, contain the original intention.
12 Applicable law – Place of jurisdiction
12.1 Each agreement including these general terms and conditions, is governed by Belgian law. The United Nations Convention for international purchase agreements (the Vienna Sales Convention of April 11 1980) is in this explicitly excluded.
12.2 Possible disputes that come from or are related to the agreement or these general terms and conditions, fall under the exclusive jurisdiction of the courts of Hasselt.
13 ODR For any dispute between users and dealers about an online purchase, the Consumer can turn to the Online Dispute Resolution platform ODR. The Consumer can find the link here: new interactive website of ODR.
Annex 1: Revocation form
The Consumer has a right of withdrawal, in accordance with article VI.47 Code of Economic Law. Based on this right of withdrawal, the Consumer has fourteen (14) calendar days to refrain from the Agreement. The Consumer is not required to pay compensation or indicate a motive to exercise this right of withdrawal. The period for the right of withdrawal expires 14 calendar days after the day when the Consumer or a third party appointed by the Consumer, who is not the transporter, takes physical possession of the Products, or the day when the Consumer or a third party appointed by the Consumer, who is not the transporter, physically takes possession of the last good (in case the Consumer has ordered multiple Products in a single order which are delivered separately).
The Consumer must notify van Ratingen in writing (via postal services or e-mail) and in time of the right of withdrawal. The Consumer can for this purpose also use the annexed template Form of revocation (annex 1). The notification by the Consumer of the right of withdrawal is seen as in time when this notification is sent before the period of the right of withdrawal has expired.
In case of correct use of the right of withdrawal, van Ratingen will refund the Consumer as soon as possible, and not later than fourteen (14) calendar days following the day when van Ratingen received the Product. The Consumer is refunded with the same payment method as was used for the original transaction, unless the Consumer explicitly agreed otherwise. This refund doesn’t hold extra charges. Delivery costs are refunded as well, except when the Consumer opted for a different delivery than standard. In this case the difference between the standard delivery cost and the different delivery cost is not refunded. The Consumer must contact the client services desk of van Ratingen as soon as possible in relation to the return of the purchase (see point 3.1). This return must happen not later than fourteen (14) calendar days after the announcement of the decision of exercising the right of withdrawal.
The Consumer takes the risks and the costs related to the return (Price indication via Bpost: Belgium and Luxembourg: 15 – 20 €, The Netherlands and Germany : 20 – 25 €). The Consumer must keep the proof of return of the Products.
The direct costs of the return of the Products are carried by the Consumer. Van Ratingen has the right to postpone the refund until all Products are recovered. Legally van Ratingen can not accept Products when no document is added to identify the sender (order info, name, address info). The Products which for this reason can not be taken back by van Ratingen remain at the disposal of the Consumer. The Consumer is required to take back and pay for the Products.
When the Products are damaged or unusable because of use that goes beyond that necessary to determine the nature, the characteristics and the operation of the Products, the Consumer will be responsible. Van Ratingen is entitled to bring this depreciation pro-rata into account when refunding.
When the Products are for this reason unsaleable, the Consumer will be responsible. In such case van Ratingen is entitled to bring a depreciation of 100% into account.
In case of abnormal returns or misuse, van Ratingen has the right to refuse future orders.
When the Consumer doesn’t meet the conditions mentioned above the use of the right to withdraw is unlawful. In that case the Products are sent back cash on delivery to the Consumer, at risk and account of the Consumer.