Article 1: Scope
1.1 NV van RATINGEN (trading under the name FRITEL) (hereinafter: "VAN RATINGEN" or "we", "us" or "our"), with company number 0414-669-951 and registered office at Industriezone Kiewit, Stadsheide, 11 at 3500 Hasselt (email@example.com) is a company specialised in the design, development, marketing and distribution of small electrical household appliances, under its own FRITEL brand.
1.2 Explanatory provisions
'Terms and conditions': The present terms and conditions of sale.
'Consumer': Any natural person who enters into a purchase agreement with VAN RATINGEN and acts for purposes outside his trade, business, craft or profession.
'Webshop': All online webshops operated by VAN RATINGEN, including www.fritel.com; www.healthyairathome.be; www.fritel.be; www.vanratingen.com; www.themulch.eu.
'Voucher': A voucher to the value of a certain amount issued by VAN RATINGEN which can be redeemed via one or more of its Webshops.
'Discount Code': A discount code issued by VAN RATINGEN which can be redeemed via one or more of the Webshops.
1.3 Any order or purchase of our products or services by the Consumer shall, unless expressly agreed otherwise in writing, be governed by these Terms and conditions, supplemented by the specific terms and conditions mentioned on or in the offers, order confirmations and invoices. These conditions are considered formally and expressly known and accepted by the Consumer by the mere placing of the order, even if they contradict his own (specific) terms and conditions.
1.4 Deviations from these Terms and conditions may only be made by means of a writing signed by all parties. Specific terms and conditions or a specific contract take precedence over these Terms and conditions, but only with regard to conflicting provisions.
1.5 These Terms and conditions can be consulted at www.fritel.com or www.vanratingen.com at any time. They are also enclosed with every offer, order confirmation and invoice or made available for immediate consultation.
1.6 Whatever is not regulated in these Terms and conditions will be regulated in accordance with common law, taking into account the intention of the parties.
1.7 The possible nullity or unenforceability of one or more provisions in these Terms and conditions does not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The unenforceable or void provision will be replaced after negotiation between the parties by an enforceable and legally valid provision that is as close as possible to the purpose and scope of the void or unenforceable provision.
1.8 VAN RATINGEN reserves the right to amend these Terms and conditions at any time via a new, dated version which can be consulted at www.fritel.com or www.vanratingen.com. Such amendments shall automatically apply to orders and sales placed or concluded on or after the amendment date.
1.9 If VAN RATINGEN fails to assert one or more rights under these Terms and conditions, and for whatever duration, this can under no circumstances be considered a waiver of this right. VAN RATINGEN always retains the right to reclaim the strict application of these Terms and conditions.
Article 2: Offers, Price lists and Promotions
2.1 The technical data, dimensions, weights, images, and other product information and -specifications, which are given in price lists or catalogues, or on the Webshop or an online platform, are given to the best of one's ability, but are for information purposes only, and will only bind VAN RATINGEN after express written confirmation or unreserved execution. If certain features are essential for the Consumer, the Consumer must notify this in writing and have it guaranteed.
2.2 A binding agreement is only established after written approval and confirmation by VAN RATINGEN. The execution of the agreement is, however, considered as an implicit acceptance by VAN RATINGEN.
2.3 Unless the offer or promotion states otherwise, it is valid for a period of thirty (30) calendar days. If the Consumer subscribes to the offer or promotion after the expiry of this validity period, VAN RATINGEN shall not be obliged to execute at the prices and modalities indicated therein.
Article 3: Delivery
3.1 The specified delivery terms are only indicative. A reasonable exceeding of this term can under no circumstances lead to any compensation or to the dissolution of the agreement.
Article 4: Invoicing, Price and Payment
4.1 The orders are invoiced at the prices and conditions of the offer or order confirmation, or in the absence thereof, as in force on the date of VAN RATINGEN's acceptance of the order.
4.2 The prices used by VAN RATINGEN are always expressed in Euro (€) and, with regard to the Consumer, are inclusive of VAT.
4.3 The prices are always exclusive of delivery, transport, shipping, taxes and insurance costs. Any charge or tax payable on VAN RATINGEN's prices are always at the Consumer's expense.
4.4 a) VAN RATINGEN will be able to apply a price revision up to 10% of the prices included in the offer, order form or order confirmation, and this taking into account objectively measurable fluctuations in material prices, raw material prices, transport costs, exchange rates, wages and social charges, which occur after the date of the offer, order form or order confirmation. The price revision will be applied to a maximum of 80% of the originally determined price. The parameters used as a function of which the price may be adjusted will always represent real costs. Each parameter will apply only to that part of the price corresponding to the costs it represents. When VAN RATINGEN intends to carry out such a price revision, it will notify the Consumer in writing.
4.4 b) However, in the event that a price increase of more than 10% compared to the offer, order form or order confirmation would be required, the parties will revise the agreement by mutual agreement and agree new reasonable prices based on the objectively measurable fluctuations in material prices, raw material prices, transport costs, exchange rates, wages and social charges.
4.4 c) In the event that it has become impossible, or much more difficult (financially or otherwise) for VAN RATINGEN to fulfil its obligations under the agreement due to external circumstances, including currency fluctuations, affecting the availability and/or price of the relevant raw materials and/or finished products, VAN RATINGEN shall be entitled to request the Consumer to renegotiate the agreement. Unless the parties agree on an amended agreement within a period of ten (10) calendar days following VAN RATINGEN's request for renegotiation, VAN RATINGEN shall be entitled to suspend the execution of all or part of its impacted obligations under the agreement during the period specified in the notice. This period may subsequently be shortened or extended by VAN RATINGEN through a new, reasoned notice. VAN RATINGEN may request the Consumer to resume execution of the agreement at any time.
If execution of the agreement is thus suspended by VAN RATINGEN for a continuous period of more than three (3) months and the cause of the suspension is not due to a breach of the agreement by the Consumer, the Consumer may terminate the agreement by written notice to VAN RATINGEN.
4.5 The invoices are payable net at VAN RATINGEN's registered office within thirty (30) calendar days of the invoice date.
4.6 In the event of non-payment of part or all of an invoice on the due date, VAN RATINGEN is by operation of law and without prior formal notice of default entitled to late-payment interest from the due date until the date of final payment, and this up to 10% per year on the unpaid invoice amount. Furthermore, by operation of law and without prior formal notice of default, the Consumer shall be liable to pay a compensation amounting to 10% of the unpaid invoice amount with a minimum of 78,00 Euro, without prejudice to VAN RATINGEN's right to claim a higher compensation providing proof of higher actual damages.
4.7 The protest against the invoice must be made in writing and by registered letter within eight (8) calendar days from the invoice date. The protest letter must state the date and number of the invoice and all reasons for the protest. The absence of protest of the invoice in accordance with the provisions of this paragraph will create the presumption that the Consumer has agreed to all the provisions of this invoice and that the invoice was thus definitively accepted.
In the event of non-payment of an invoice on the due date, all outstanding claims against the Consumer will become due by operation of law and without prior formal notice of default.
4.8 VAN RATINGEN also reserves the right, in the event of non-payment of an invoice on the due date, by simple written notice, but without prior formal notice of default:
* to recover the delivered products and stop future deliveries.
* to dissolve the agreement by operation of law with immediate effect, both in its entirety and for the part not yet performed, without any prior formal notice of default.
Article 5: Liability
5.1 VAN RATINGEN's liability for the defective execution of its obligations under the agreement and for wrongful acts is governed by the legal provisions. However, this liability shall be limited, as follows:
* Damage caused by defects or non-conformity of the products sold shall be compensated by repair or replacement, at VAN RATINGEN's option, as further stipulated in these Terms and conditions, to the exclusion of any other damage;
* In any event, VAN RATINGEN's liability is limited to foreseeable, direct, material damage, which is furthermore limited to a maximum of the amount which its insurance company will pay out; in the event that its insurer does not provide coverage, compensation is limited to a maximum of the purchase price of the ordered product;
* VAN RATINGEN shall under no circumstances be liable for:
- loss of revenue, profit, turnover, goodwill, agreements, or data, or loss of Consumers or third-party claims;
- property damage, moral damage, indirect damage, unforeseeable damage, immaterial damage, or consequential damage;
- administrative costs or personnel costs;
- any damage resulting from the use of the purchased products contrary to the instructions for use provided in the packaging of the products.
The limitation of liability does not apply to physical injury to persons or death, damage caused by VAN RATINGEN's deceit or fraud, or damage caused by its wilful or gross negligence or by the wilful or gross negligence of its representatives or agents.
5.2 Any claim by the Consumer for damages must be brought within a period of three (3) months after the facts on which this claim is based were known or could reasonably have been known by the Consumer.
Article 6: Intellectual property rights
6.1. The intellectual property rights of VAN RATINGEN, including but not limited to its trademarks, patents, designs, copyrights, domain names, logos, layout, icons, images, and texts, are and shall remain the sole property of VAN RATINGEN or its licensor. Nothing in these Terms and conditions is intended to transfer any intellectual property rights to the Consumer.
6.2 The Consumer is prohibited from copying, applying for its own use or reproducing any element protected by an intellectual property right.
Article 7: Force majeure
7.1 In the event of force majeure, VAN RATINGEN's obligations shall be suspended or limited during the period of force majeure without any liability of VAN RATINGEN.
7.2 Force majeure is to be understood as any unforeseeable and unavoidable event independent of VAN RATINGEN's will that constitutes an insurmountable impediment to the performance of its obligation, such as, but not limited to, act of god, fire, pandemic, depletion of stock, war, riot, lockout, scarcity of raw materials, failure of suppliers to deliver, destruction of products due to accidents, machine breakdown, wildcat strike or lockdown, terrorism or war, hacking, flooding.
7.3 If, due to force majeure, VAN RATINGEN's commitment cannot be executed for more than three (3) months, both VAN RATINGEN and the Consumer have the right to terminate the agreement by registered letter or to call for its revision, without any compensation being due to the other party. The Consumer remains obliged to pay for all products delivered by VAN RATINGEN up to that point.
Article 8: Termination of the agreement
8.1 VAN RATINGEN may terminate the agreement by simple written notice, though without prior formal notice of default or judicial intervention, and at the Consumer's expense, in the event of the Consumer's manifest insolvency, collective debt settlement or presumption of payment difficulties. VAN RATINGEN may also terminate the agreement by a simple written notice, but without prior formal notice of default or judicial intervention, and at the Consumer's expense, if the Consumer commits a serious breach of agreement by failing to comply or to comply fully or properly with the agreement entered into with VAN RATINGEN, including these Terms and conditions and including (non-exhaustively) the lack of (timely) payment.
8.2 VAN RATINGEN's right to extrajudicial dissolution of the agreement at the Consumer's expense shall not affect its right to claim compensation from the Consumer. The Consumer must at least refund the delivered products. VAN RATINGEN is entitled to retain any advances paid as partial compensation, without prejudice to VAN RATINGEN's right to prove and claim its actual damages.
Article 9: Ownership and Risk
9.1 The risk passes to the Consumer on conclusion of the agreement. In case VAN RATINGEN sends the products to the Consumer, the risk only passes to the Consumer from the moment the Consumer or a third party designated by the Consumer, who is not the carrier, has received the products. In case VAN RATINGEN sends the products to the Consumer and the Consumer itself designates a carrier and the choice of this carrier is not offered by VAN RATINGEN, the risk passes to the Consumer at the moment of receipt of the item by the carrier.
9.2 VAN RATINGEN retains ownership of the delivered products until full payment of the principal sum, costs and interest by the Consumer. Until then, the Consumer is prohibited to pledge, alienate, donate, encumber with any security right, rent, lend or in any other way dispose of the delivered products in breach of VAN RATINGEN's retention of title.
Article 10: Additional provisions specifically applicable to online Webshops - B2C
10.1..1. This article contains, in addition to the other Terms and conditions, the conditions applicable to all orders and purchases made by the Consumer carried out on the Webshops. With regard to online purchases, the provisions of this article 10 shall take precedence insofar as they conflict with the other provisions of the Terms and conditions. The Webshops include www.fritel.com, www.vanratingen.com, www.healthyairathome.com,www.themulch.eu. This list is not exhaustive.
10.1.2 For specific questions regarding the Webshops, the products offered or the provisions of this article, the Consumer may contact VAN RATINGEN as follows:
- by e-mail: firstname.lastname@example.org
- by letter: NV van RATINGEN, Industriezone Kiewit, Stadsheide 11, 3500 Hasselt
10.2 Conclusion of the agreement
10.2.1 To place an order in the Webshops, the following conditions must be met in any case:
10.2.2 An order is considered to be processed and approved by VAN RATINGEN from the moment the Consumer receives the order confirmation from VAN RATINGEN by e-mail. Upon receipt of this e-mail, the agreement ("Agreement") between VAN RATINGEN and the Consumer is established.
VAN RATINGEN reserves the right to depend confirmation of the order on other conditions, or to suspend or refuse it in the following exhaustively listed cases:
10.2.3 If VAN RATINGEN cannot provide the Consumer with a product, for example because it is no longer available or because an error has occurred in displaying of the price, VAN RATINGEN will inform the Consumer as soon as possible by e-mail and will not process the Consumer's order. In case the Consumer has already paid for the products, VAN RATINGEN will refund this amount to the Consumer as soon as possible.
10.3 General obligations of the Consumer
10.3.2 The Consumer himself is responsible for keeping his login data, being his user name and password, confidential. The Consumer may not provide its login details to third parties. VAN RATINGEN may therefore assume that the Consumer is actually the one who created an account and uses the online Webshop. As soon as the Consumer knows or has reason to suspect that his or her login details have come into the hands of unauthorised persons, the Consumer must notify VAN RATINGEN immediately.
10.3.3 The Consumer must comply with Belgian and any other applicable mandatory laws or regulations when using the Webshops.
10.3.4 The Consumer undertakes to use the Webshops to the best of its ability with due diligence.
10.3.5 VAN RATINGEN reserves the right to change the login procedure and/or login details if it deems this necessary in the interests of the functioning of the Webshop.
10.3.6 VAN RATINGEN is at all times entitled, without prior announcement and without thereby owing compensation to the Consumer, to change, interrupt, discontinue, (temporarily) disable or restrict the content and functioning of the Webshops if this is necessary in her view.
10.3.7 The Consumer is responsible for the acquisition and/or proper functioning of the infrastructure, sound and stable telecom facilities (including internet connection) and hardware installation necessary to use the Webshop.
10.3.8 The Consumer must possess adequate and recent antivirus, anti-spyware and firewall protection on its computer systems. If the systems of VAN RATINGEN or its other Consumers shall suffer damage due to the exchange of viruses or other harmful files, the damaging Consumer shall be fully and unlimitedly liable to VAN RATINGEN for this. The Consumer indemnifies VAN RATINGEN in principal, costs and interests for any claims by third parties who (claim to) have suffered damage as a result.
10.3.9 VAN RATINGEN has the right, unilaterally and without prior formal notice of default, to deny the Consumer access to the Webshop and/or temporarily or permanently suspend or delete the Consumer's account, in particular in cases where the Consumer does not comply with these Terms and conditions in any way.
10.3.10 The Consumer shall check the delivered products immediately upon receipt in order to verify that the delivered products comply with the agreement. In the event of non-conforming delivery, the Consumer must notify VAN RATINGEN immediately and, in any case, within two (2) months of discovering the conformity defect, by means of a reasoned letter (by e-mail or by ordinary or registered post), including a full description accompanied by sufficient photographic material, with the name of the product, the product number, the production codes and the date on which the product was purchased. If VAN RATINGEN considers that the complaint is justified, she must be granted a period of thirty (30) working days to address the alleged shortcoming before the Consumer can invoke its other rights. The Consumer acknowledges that this period is reasonable given the service involved.
10.4. Prices and payment
10.4.1 Offers, quotations and promotions in the Webshop are always made under all reservations and are valid until the date indicated or while stocks last. VAN RATINGEN takes all reasonable measures to ensure that the prices and purchase conditions of the products are displayed correctly. Should it nevertheless discover an error in the indicated price or purchase conditions of an ordered product, it will inform the Consumer and offer the latter the opportunity to continue the purchase at the correct price or cancel the order.
10.4.2 All prices are indicated in Euro (€), including VAT, recycling contribution and excluding delivery costs, administrative contributions, Bebat. VAN RATINGEN reserves the right to impose a minimum order value so that delivery of the products will be free of charge. Unless otherwise agreed, delivery is free for orders as of 50,00 Euro.
10.4.3 Before placing an order, the total price, including all costs and taxes, will be shown to the Consumer.
10.4.4 From the moment the order is placed, there is an obligation of the Consumer to pay.
10.4.5 Payment takes place at the completion of the purchase process. VAN RATINGEN accepts the following means of payment: a Voucher, Visa, Mastercard, American Express, Bancontact, Belfius Direct, Apple Pay, KBC-CBC payment Button, Bank transfer, Sofort banking and iDEAL.
10.4.6 The Consumer will receive an electronic invoice at the e-mail address provided during the ordering process. This purchase invoice is necessary to claim the statutory two (2) year warranty afterwards.
10.4.7 The value of a Voucher cannot be amended, refunded or exchanged.
10.4.8 Multiple Vouchers can be applied per order, unlike Discount Codes which can never be cumulated, either with each other or with a Voucher.
10.4.9 VAN RATINGEN reserves the right to impose a minimum and/or maximum order value for the use of Vouchers or Discount Codes.
10.4.10 The application of a Voucher or Discount Code after completing and paying for the order is not possible.
10.4.11 The Consumer cannot claim any promotions, actions or reduced prices (in the form of Vouchers or Discount Codes) that would have been activated or applied in the Webshop after the order, nor can he claim a refund of the price difference.
10.4.12 An order without a valid payment in name of the registered cardholder will neither be accepted nor processed.
10.5 Shipping and delivery
10.5.1 The order will only be prepared and shipped once VAN RATINGEN has received approval of the payment transaction from the chosen payment merchant.
10.5.2 VAN RATINGEN enters into a best-efforts commitment to deliver the products within a period of ten (10) working days after receipt of full payment, and at the latest within the statutory maximum period of thirty (30) calendar days after the conclusion of the Agreement. The stated delivery period is therefore always indicative.
10.5.3 VAN RATINGEN will deliver the order to the address the Consumer has provided to VAN RATINGEN during the purchase process.
10.5.4 If the Consumer orders several products at the same time, all these products will be delivered to the Consumer in one package if possible, provided that the weight of the package does not exceed thirty (30) kilograms.
10.6 Right of withdrawal
10.6.1 The Consumer has the right to withdraw from the Agreement within a period of fourteen (14) calendar days from the day after the delivery of the products, without having to provide a reason. The Consumer shall not be obliged to pay any compensation or provide any justification for exercising this right of withdrawal.
10.6.2 The Consumer must inform VAN RATINGEN in writing (by post or e-mail) and in a timely manner of the exercise of this right of withdrawal. The Consumer may also use the specimen revocation form on the website for this purpose. The notification by the Consumer of the exercise of the right of withdrawal shall be considered timely if this notification is sent before the expiry of the withdrawal period.
10.6.3 The Consumer may look at the products, touch them and do everything he would also be allowed to do in a physical shop to assess whether the products meet the requirements. The right of withdrawal expires when the products are put into use, as all products are sealed hygienic products that are not suitable to be returned for hygiene reasons, as they are then no longer in their original and saleable condition. The packaging of the products must also be in new condition in case of exercising the right of withdrawal and the Consumer must ensure that the products are returned in such a way that they remain saleable.
10.6.4 Upon proper use of the right of withdrawal, VAN RATINGEN will refund the Consumer after receiving back the product, and within fourteen (14) calendar days after receipt of the withdrawal notice. No fees will be charged for this refund. Delivery costs will also be refunded, except if the Consumer opted for a delivery other than the standard delivery or if the shipment involved several products. In that case, the difference in costs between the standard delivery and the non-standard delivery will not be refunded. In case of use or installation of the products, damage to the products, or absence of the invoice or receipt, the right of withdrawal was not properly executed and the right of withdrawal lapses.
10.6.5 The Consumer must return the products to VAN RATINGEN without undue delay and in any case no later than fourteen (14) days after sending the notice of withdrawal to VAN RATINGEN. The products must be sent to VAN RATINGEN in the same manner in which the Consumer received the products. All direct costs for returning the products will be paid by the Consumer. The Consumer bears the risks and costs related to the return (Price indication via Bpost: Belgium and Luxembourg: 15-20 €, Netherlands and Germany: 20-25 €). The Consumer must keep the proof of return of the products.
VAN RATINGEN cannot take back products if no attached document allows identifying the sender (by order details, name, address details). Such products remain with VAN RATINGEN at the Consumer's disposal. The Consumer is obliged to take back and pay for these products.
10.6.6 The returned products must always be accompanied by the original packing slip together with clear indication of the Consumer's name and address; they must be in original condition, and will only be accepted if unused, unassembled, with all accessories and in original packaging accompanied by the invoice or proof of purchase.
10.6.7 If the Consumer has used Vouchers to pay for products, VAN RATINGEN is entitled to refund the Consumer with Vouchers.
10.6.8 The Consumer is liable for the depreciation of the products resulting from their treatment beyond what was necessary to establish their nature, characteristics and functioning.
10.6.9 The images of the Products in the Webshops are for illustrative purposes only. Although VAN RATINGEN makes every effort to display the colours accurately, it cannot guarantee that the representation on the Consumer's screen corresponds exactly to the colour of the Products.
10.6.10 Although VAN RATINGEN has made every effort to be as accurate as possible, all sizes, weights, contents, dimensions and measurements displayed in the Webshops may vary with a maximum of 10%.
10.6.11 The information available on this Website is of a general nature, and therefore not adapted to personal or specific circumstances, so that it cannot be considered as personal advice. Use of the Website and of the information contained therein is made solely at the Consumer's own risk and may in no way give rise to liability on behalf of VAN RATINGEN.
10.7.1 The Consumer is entitled to a legal warranty of two (2) years. This warranty covers any lack of conformity of the products that manifests itself within a period of two (2) years from the date of delivery of the products.
10.7.2 The Consumer must report any defect or non-conformity in writing (by e-mail or online), in detail, and with sufficient justification, within two (2) months of its discovery. On the website www.fritel.com, the report can be made online in the 'Service' section. Using its Consumer login and password used for placing the order, the Consumer can log in and upload and fill in all data. VAN RATINGEN's service department will be notified automatically. The Consumer can monitor the progress of the file online at any time.
10.7.3 As proof of warranty, the Consumer who made a purchase through one of our Webshops, must be able to present the proof of purchase.
10.7.4 This warranty applies only to products acquired by a Consumer based in the EU (Belgium, Bulgaria, Cyprus, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden )(excluding islands).
If a defect occurs within the legal warranty period of two (2) years, the Consumer must report the defect to VAN RATINGEN in accordance with the procedure set out in Article 10.7.2 of these Terms and conditions. Upon return of the defective product, VAN RATINGEN will replace or repair the product within a reasonable period of time after VAN RATINGEN has been notified of the defect. The product can only be replaced and delivered to the extent that it is still available and in stock at VAN RATINGEN's suppliers. If the replacement or repair is not possible or cannot be carried out within a reasonable period, the Consumer has the right to terminate the agreement and VAN RATINGEN will refund the price in accordance with article 10.7. of these Terms and conditions.
10.7.6 The warranty automatically expires in the following cases:
For products not covered by the legal warranty, all costs (transport, administration, examination and handling) will be charged.
10.7.7 Minor imperfections which do not affect the performance of the product, such as, but not limited to scratches, discolorations, dents, surface markings and minor colour differences, do not constitute objective or subjective conformity requirements and are therefore not covered by the legal warranty.
Article 10.8 Liability
10.8.1 VAN RATINGEN will not be liable if the Consumer has not used the products in accordance with their intended purpose or if the Consumer has used the products for professional purposes, or in an improper or incorrect manner.
10.8.2 VAN RATINGEN shall not be liable for or be required to compensate any immaterial, indirect or consequential damages, including (but not limited to) lost profits or loss of anticipated profits, loss of sales, contracts or goodwill, damage to reputation, restrictions in production, administrative or personnel costs, loss of customers or third-party claims. VAN RATINGEN shall in no event be liable if damage is caused not only due to a defect in the products, but also wholly or partly due to a fault or negligence on the part of the Consumer or a person for whom the Consumer is responsible, or if the products are defective due to normal wear and tear.
10.8.3 VAN RATINGEN cannot be held liable for the quality, safety, legitimateness, completeness, integrity and accuracy of the data entered by the consumer on the Webshop.
10.8.4 VAN RATINGEN assumes no liability and is not obliged to compensate any damages if actions were performed through the account but without the knowledge of the relevant Consumer, i.e., through theft of identity, theft of username, theft of password or hacking of the Consumer's account.
10.8.5 VAN RATINGEN does not guarantee that the Webshop is full-time available to the Consumer and without interruptions or malfunctions. Interruptions may occur, without limitation, as a result of poor internet connection or due to viruses. VAN RATINGEN is not liable and has no obligation to compensate the Consumer for any damages arising or resulting from i) errors and/or irregularities in the functionality of the Webshop, ii) breakdowns, iii) the (temporary) unavailability of the Webshop as a result of, for example, bugs or Trojan horses, iv) the (intermediate) breakdown of the Webshop, or v) the unavailability of the Webshop for any duration due to other reasons.
10.8.6 VAN RATINGEN is not liable for the loss of data or unauthorised access to or use of the online Webshop that occurs during the transmission of data over public networks or in the event of defects in the Consumer's network or third-party systems.
10.8.7 VAN RATINGEN shall not be liable for damages arising from any unauthorised access or use of the Webshop by third parties.
10.8.8 The references (hyperlinks) to other websites or webshops do not imply any recommendation or guarantee as to the (without limitation) accuracy and completeness of their content, their availability or virus-free nature. Since such websites or webshops are not under control of VAN RATNGEN, VAN RATNGEN bears no responsibility for the use thereof which is made entirely at the Consumer's own risk.
10.8.9 VAN RATINGEN takes all the care that can reasonably be expected of it in accordance with these General Terms and Conditions as far as the protection of data is concerned, without, however, entering any obligation to achieve a result. VAN RATINGEN is not liable for the loss of data or unauthorized access to data that occurs despite its precautions and cannot be held liable for viruses which, despite all the control measures taken, may cause damage, except if due to VAN RATINGEN's own intentional error, deceit or fraud.
10.8.10 Since VAN RATINGEN performs services at the request of the Consumer or receives specific instructions from the Consumer, the Consumer shall indemnify VAN RATINGEN in principal, costs and interests for any third party claims who (claim to) have suffered damage caused by the execution of the agreement.
Article 11: Privacy and Data Protection
11.2 Personal data
The Consumer can visit our Websites and obtain information about our company and products and services without leaving Personal Data. On the other hand, if the Consumer wishes to place an order or receive information, we necessarily require some Personal Data (in accordance with Article 6.1.a) or b) of the General Data Protection Regulation).
Personal Data include the Consumer's name, address, telephone number, e-mail address and date of birth. This Personal Data is collected when the Consumer sends us an e-mail, fills in a contact form, subscribes to a newsletter or places an order. We store these Personal Data only for specified purposes, namely, to send products, product information, brochures, or newsletters, to execute an order, or communicate about participation in competitions, actions, promotions, rights to or the use of cash back, registration for extended warranty and suchlike.
As we are continuously optimising our services, this Personal Data is only used within our company. We do not provide this Personal Data to third parties without the Consumer's consent unless we are obliged to do so on the basis of the law or a court ruling or if this is necessary for the execution of an agreement between the Consumer and VAN RATINGEN.
Transfers over the internet are never 100% secure or error-free. While we take reasonable measures to protect your personal information from loss, misuse and unauthorised access, disclosure, alteration and destruction, we cannot guarantee the security of information users pass on to us.
11.5 Retention period
The Personal Data will be kept in a data register for as long as necessary to fulfil the above purposes. Afterwards, these Personal Data will be deleted or anonymised.
11.6 Your rights
For any instructions or queries regarding privacy, protection of privacy, modification of privacy preferences, access to or updating, correction or deletion of information, opposition to or restriction of data processing, data portability, the Consumer can send us an e-mail or letter with a copy of his identity card using the contact details below:
NV van RATINGEN
Att.: Processing of personal data
3500 Hasselt, BELGIUM
We reserve the right to make use of information previously obtained to verify the identity of the Consumer or to take any other action we deem appropriate. We will process a request within thirty (30) days.
We may not be able to process requests (purchases, extended warranty, cashback, promotions,etc.) if the Consumer does not give us access to the data necessary for this purpose.
11.7 Data breaches
Without prejudice to its other legal obligations, upon discovery of a data breach, VAN RATINGEN will:
In the event a (potential) data breach occurs, VAN RATINGEN will, at the request of DPA:
11.9 Choice of law and competent court for privacy matters
Specifically in addition for disputes between the Consumer and VAN RATINGEN regarding an online purchase, the Consumer can visit the online dispute resolution platform ODR, via the following link: http://ec.europa.eu/consumers/odr/
Article 12: No imbalance - Risk allocation discounted
12.1 VAN RATINGEN and the Consumer expressly confirm that the rights and obligations contained in the present Terms and conditions represent their consensus and therefore the actual will of the parties. Consequently, these Terms and conditions do not create an apparent imbalance in their relationship.
Article 13: Jurisdiction and Applicable law
13.1 The agreement shall be exclusively governed by and construed with the laws of Belgium (excluding the Vienna Sales Convention), except when VAN RATINGEN opts for the law of the country of the Consumer, in particular regarding retention of title and recovery
13.2 All disputes between the parties arising out or relating to the agreement, shall be exclusively settled by the Courts of Hasselt, except if VAN RATINGEN chooses to bring the case before the courts of the Consumer's reside