1 These terms and conditions apply to all order forms and agreements between and the deliveries and services of whatsoever nature ensuing therefrom between FPTA Fashion BVBA and the client. Derogations from and addendums to these general terms and conditions will only be binding if and insofar as these have been expressly agreed in writing between the parties.
2 An order will only be binding if it has been expressly accepted in writing by FPTA Fashion BVBA. Cancellation of the order is not possible unless this is after prior approval in writing.
3 Goods/services will be delivered/provided within the period set out in the agreement, which will commence after receipt of the payment. FPTA Fashion BVBA will never be liable for delay of the deliverer (mail or courier service). Goods will remain the property of FPTA Fashion BVBA until payment in full of the principal sum, costs and interest.
4 The products will be invoiced at the prices set out in the order form. The prices are including VAT, but excluding delivery costs. Before commencing with the work and deliveries, FPTA Fashion BVBA will be entitled to require an advance payment from the client for the fulfilment of the client's payment obligations.
5 The client must immediately inspect the delivered goods. With regard to any defects of the delivered goods the client, who purchases in the capacity of a consumer, has a statutory guarantee of two years, to be calculated from the delivery. The client who notices a defect and wishes to rely on the statutory guarantee, must report this defect to FPTA Fashion BVBA within one month after the date on which the client established the defect. The claim to any guarantee lapses if the consumer has executed or has let execute repair or other work on the delivery without permission from FPTA FAshion BVBA.
6 FPTA Fashion BVBA will not be obliged to any compensation of damage whatsoever, which could be directly or indirectly the result of the goods delivered or sold by it. This will not affect the legal rights of the consumer under article 6.
7 Payment is possible by means of transfer to account number BE55 7310 4713 9244 or by means of Paypal/ Ideal/ Visa/ Mastercard. In the event of default of payment of the full price or a part of the price, FPTA Fashion BVBA will give the client notice of default to still pay the amount due within a period of 30 days. If the client does not pay within this period, the outstanding amount will be increased by operation of law and without the requirement of further notice of default, by annual interest of 10% and flat-rate compensation of 10% with a minimum of 25 Euro.
8 Every default of payment will entail the outstanding invoices being due and payable and will give FPTA Fashion BVBA the right, after notice of default, to either suspend any future deliveries, or to terminate the agreement, without prejudice to the right to compensation.
9 If one of the parties does not fulfil its contractual obligations, the other party will have the right, after notice of default, to either suspend its obligations, or to terminate the agreement without judicial intervention, if the notice of default is not usefully acceded to within 8 working days.
10 If the client places an order online, which is accepted by FPTA FAshion BVBA, the client, who purchases in the capacity of a consumer, will have the right within 14 calendar days from the day of the acceptance of the by FPTA FAshion BVBA, to withdraw the order, subject to the condition that the client informs FPTA Fashion BVBA of this in writing within the 14 calendar days referred to. Every cancellation of the order by the client of the execution of the order must take place by registered letter to the address Zilverberklaan 13 2820 Rijmenam. In the event of withdrawal of the order all costs already incurred must be reimbursed.
11 Your personal data will be processed for client management on the basis of the contractual relationship as a result of your order/purchase and for offering new products and services to you on the basis of our justified interest in running a business. If you do not want your data to be processed, it will suffice to inform us of this at firstname.lastname@example.org. You can also always ask via this address which data we process regarding you, and to have this data improved or deleted. If you do not agree to the manner in which we process your data, you can address the Commission for the Protection of Privacy (Drukpersstraat 35 at 1000 Brussels).
12 The voidness of a clause of the terms and conditions will only result in the non-application thereof and will not affect the other terms and conditions.
13 All our agreements are governed by Belgian law and only the courts in Mechelen have jurisdiction.