These general terms and conditions serve as general terms and conditions of sale for sales on the TWO STORE website and other related websites and domain names.
I – The identity of the company
Designation: Otheus B.V.B.A.
Legal form: Private Limited Liability Company
Registered office: 2440 Geel, Nieuwstraat 18, Belgium
Company number: 0445253061
VAT identification number: BE 0445.253.061
Register of legal entities Turnhout
Return address: TWO STORE Nieuwstraat 18, 2440 Geel, Belgium
II – Applicability
These general terms and conditions apply to every offer from the company and to any distance contract concluded between the company and the customer.
III – The agreement
The agreement is concluded after the confirmation by the company of the customer’s order. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
IV – Right of withdrawal and the conditions and manner of exercise
1. When purchasing goods, the customer has the option to withdraw from the contract during fourteen calendar days without paying a fine and without stating reasons. This withdrawal period commences on the day after the delivery of the good to the customer or a representative previously designated by the customer and announced to the company.
2. Returned items are only accepted if the goods are returned to the return address of the company with all accessories and in the original condition and packaging, by registered mail or against receipt. The receipt serves as proof of date. Stained, used, damaged or severely wrinkled items are not accepted.
3. Within fourteen working days after sending the registered letter to invoke the right of withdrawal, the customer must return the merchandise to the return address of the company by all means and at his own risk and expense.
V – Costs in case of withdrawal
1. The costs of shipping are for the account of the customer; shipping costs paid by the customer to receive his order are non-refundable. The customer will be entitled to a refund of the price of the purchased good, after deduction of any discounts received.
2. If the customer has paid an amount, the company will refund this amount as soon as possible, but no later than thirty days after the return or cancellation.
VI – Exclusion of right of withdrawal
Right of withdrawal is excluded in the following cases:
a. regarding the provision of services, the execution of which started with the consent of the customer before the end of the withdrawal period;
b. regarding the delivery of goods that have been manufactured according to the customer’s specifications or that have a clear personal character
c. concerning goods that can spoil or age quickly or that have a limited shelf life
d. on sealed goods which – for reasons of health protection or hygiene – are not suitable to be returned when the package is opened
e. concerning goods from which the attached price tags have been removed
VII – Delivery and implementation
1. The place of delivery is the address that the customer has made known to the company.
2. To the extent possible, the delivery of products will take place within the time specified in the individual order confirmation. Incorrect delivery addresses are the responsibility of the customer and may lead to additional costs.
Unless otherwise stipulated, the company does not include its prices for the transport and delivery of the goods to the customer. The costs of transport and delivery are stated separately.
The stated delivery times are not binding, but are given as an indication only. The company has the right to make partial deliveries.
3. If the company does not deliver the goods on the agreed date at the latest (if a date is stated on the order form or the contract), the customer must send a letter of formal notice to the company. If the goods have not been delivered one month after this reminder, the company is responsible for the actual damage that the customer may suffer from the late delivery, with a maximum of 10% of the total sales amount.
4. The risk passes when the goods leave the warehouses of the company, or those of its partners, even if this is done by the concerns of the company or on the instructions of the company.
VIII – Retention of title
The delivered goods remain the property of the company until full payment of the price, including all costs and charges, default interest and compensation. In case of non-payment, the company reserves the right to take back the goods, by operation of law and at the expense of the customer.
IX – Payment
1. The amounts owed by the customer must be paid immediately and in full at the time of entering into the agreement at the company’s registered office at Nieuwstraat 18, 2440 Geel, net without discount, unless stated otherwise on the invoice.
2. The customer has the obligation to report inaccuracies in payment details provided or stated to the company without delay.
3. In the event of default by the customer, the company has the right to claim interest at 10% per annum and compensation of 10% on the invoice amount (with a minimum of 30 euros), subject to legal restrictions.
4. Any complaint regarding the invoices must, in order to be admissible, be formulated in detail by registered letter within three days of receipt of the invoice.
5. The company reserves the right to perform all agreements with the customer in the event of total or partial non-payment of an invoice on the due date or any other breach by the customer of his obligations under the contract, by operation of law and without notice of default. to suspend or terminate them with immediate effect, without immediately demanding any legal intervention and all outstanding debts, notwithstanding previous agreements and without prejudice to any other right that the company may assert.
6. Failure to immediately take action against a shortcoming on the part of the customer can in no way be regarded as a waiver by the company to invoke this shortcoming later.
X – Complaints procedure
Complaints must be made to the company under penalty of forfeiture: (a) in the event of a complaint for non-conforming delivery, eight days after the delivery and (b) in the event of hidden defects two months after discovery of the defect, or after the time when such discovery could reasonably have happened, and within the legal warranty period. The receipt of the goods by the customer covers any possible defect or non-conformity that could then be determined. The complaint must be submitted by registered mail or against receipt. The date of the receipt serves as proof of timely complaint.
We recommend that you first notify us of complaints by emailing info@TWO-STORE.be.
From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.
XI – Disputes
1. All agreements between the company and the customer are exclusively governed by Belgian law.
2. All disputes arising from agreements between the company and the customer fall under the exclusive jurisdiction of the courts where the company has its registered office. However, the company will also be able to seize any other court having jurisdiction according to the legal provisions, including the court of the place of the customer.
XII – Force majeure
The company is not liable for any delay in the execution or non-execution of the commitments due to events beyond its normal control, including production interruptions, supply difficulties or shortages of raw materials, manpower, energy or transport, or transport delays, strikes , lockouts, work stoppages or other collective labor disputes affecting either itself or its suppliers, even if these events are foreseeable.
XIII – Severability
If an article of these conditions is declared null and void, this nullity will not affect the validity of the other articles.