General Terms and Conditions
General Terms and conditions of Webshop
NAQI® BELGIUM NV
Registered Office: Louizalaan 523, 1050 Brussels
Louizalaan 523 – 1050 Brussels
Registered with the Crossroad Bank for Enterprises under the number 0447.225.626
VAT no.: BE 0447.225.626
Clause 1: General provisions
The e-commerce website of NAQI® BELGIUM, a Public Limited Company having its registered office at Louizalaan 523, 1050 Brussels, VAT BE 0447.225.626, (hereinafter referred to as ‘Naqi’) offers its customers the option of purchasing products from its online webshop.
The present General Terms and Conditions (“Conditions”) shall apply to each order placed by visitors to this e-commerce website (“Customer”). When placing an order via Naqi’s webshop, the Customer must expressly accept these conditions, whereby he also accepts that these Conditions shall apply to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except where Naqi expressly accepts the same in advance, in writing.
Clause 2: Price
All the aforesaid prices are expressed in EURO, and shall always include VAT and all other duties or taxes that are required to be borne by the Customer.
If charges are levied for delivery, reservation or administrative expenses, the same will be separately specified.
Shipping costs inclusive of 21% VAT:
The Netherlands: free
United Kingdom: €9.00
Other countries within the EU: €15.00
The price indication applies exclusively to the literal description of the articles. The accompanying photos are for illustrative purposes only and may contain elements that are not included in the price.
Clause 3: Offer
Despite the fact that the online catalogue and the e-commerce website have been compiled with the utmost care, it is still possible that the information provided may be incomplete, or contain material errors, or not be up to date. Obvious mistakes or errors in the offer shall not bind NAQI® Belgium. NAQI® Belgium is only bound to an obligation of means with regard to the accuracy and completeness of the information provided. Naqi shall in no case be liable in the event of material errors, misprints or typographical errors
If the Customer has specific questions about e.g. dimensions, colour, availability, delivery period or delivery method, we request the Customer to contact our customer service in advance.
The offer shall always only apply as long as stocks last and NAQI® Belgium may modify or withdraw the same at any time. NAQI® Belgium cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is made subject to specific conditions, this fact shall be specifically mentioned in the offer.
Clause 4: Online purchases
The Customer has the option to click on the desired product online and to add it to the shopping cart. The online order can only be processed if the Customer accepts the general terms and conditions and identifies himself clearly. Each order presupposes the acceptance of the present general terms and conditions, the prices, and of the description of the product offered for sale.
NAQI® Belgium undertakes to process the orders placed on the Site as long as the stocks of the same last. Within 24 hours after placing the order, the customer shall receive an e-mail at his e-mail address, confirming the order, together with a mention of the correct order number.
The Customer shall at the time of placing online orders, also click on the desired payment method (Bancontact, Visa/Visa Electron, MasterCard, Maestro) as well as the desired place of delivery.
NAQI® Belgium shall have the right to reject an order on the grounds of a grave shortcoming of the Customer relating to orders involving the Customer.
Clause 5: Delivery and implementation of the agreement
Unless otherwise agreed or expressly provided otherwise, the goods shall be delivered to the Customer’s residential address within 30 days after receiving the order.
The Products will be delivered by a courier (bpost) to the delivery address specified by the Customer. The customer shall receive a confirmation e-mail from bpost stating the expected delivery date and the time, together with additional delivery options (e.g. delivery in parcel shop).
Items ordered via this webshop shall be delivered within Europe.
The delivery shall be made by bpost.
At the time of delivery, the Customer shall notify NAQI® Belgium by registered post of all visible damage and/or qualitative shortcomings in an article or other shortcomings immediately, but in no case later than within 10 working days after delivery.
The risk due to loss or damage shall pass to the Customer as soon as he has physically obtained the goods in his possession (or a third party other than the carrier, is designated by him). The risk shall however pass to the Customer at the time of delivery to the carrier, if the Customer has commissioned his own carrier to transport the goods, and this option was not offered by NAQI® Belgium.
Clause 6: Right of retention of title
The articles delivered until the time of the full payment by the Customer shall remain the exclusive property of NAQI® Belgium.
The Customer undertakes that wherever necessary, he will notify third parties - for example any person who may come to seize articles that have not yet been fully paid for - about the right of retention of title of NAQI® Belgium.
Clause 7: Right of withdrawal
The provisions of this clause shall only apply to Customers who, in their capacity as consumers, purchase articles online from NAQI® Belgium.
The Customer shall have the right to withdraw the contract within a period of 14 calendar days, without having to assign any reason.
The withdrawal period shall expire 14 calendar days after the day:
- on which the Customer or a third party designated by the Customer, other than the carrier, obtains physical possession of the good;
- on which the Customer or a third party designated by the Customer, other than the carrier, obtains physical possession of the last delivered good, in case multiple goods are delivered separately under the same order;
- on which the Customer or a third party designated by the Customer, other than the carrier, obtains physical possession of the last shipment or of the last piece, if the good comprises multiple deliveries;
In order to exercise the right of withdrawal, the Customer must notify NAQI® BELGIUM NV, (tel: 02/230.20.10, fax: 013/460.199, e-mail address: email@example.com) through an unambiguous statement (e.g. in writing by post, fax or e-mail) of its decision to withdraw the contract. For this, the Customer may use the return form for withdrawal, but shall not be bound to do so.
If the Customer avails of this option, we shall immediately send the Customer a confirmation of receipt of his withdrawal on a durable data carrier (e.g. by e-mail).
In order to comply with the withdrawal period, the Customer must send his notification concerning the exercise of his withdrawal right prior to the expiry of the withdrawal period.
The Customer must immediately return or hand over the goods to NAQI® Belgium nv – Stadsbeemd 1037 – 3545 Halen, but in no case later than 14 calendar days after the day on which he has notified Naqi of his decision to withdraw from the agreement. The Customer shall be deemed to have fulfilled this time requirement if he returns the goods before the period of 14 calendar days has elapsed.
The direct costs of returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any manner whatsoever, Naqi reserves the right to hold the Customer liable for the same and to demand damage compensation for any value reduction of the goods that is the consequence of the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and the functioning of the goods.
Only articles that are in the original packaging, together with all the accessories, user manual and invoice or proof of purchase can be taken back.
If the Customer withdraws from the agreement, NAQI® Belgium shall refund to the Customer all the payments received from the Customer up to that time, including the standard delivery charges, within a maximum of 14 calendar days after Naqi has been notified of the Customer’s decision to withdraw from the agreement. In case of sales agreements, Naqi may delay the aforesaid refund until it has received back all the goods, or until the Customer has demonstrated that he has returned the goods, depending on whichever comes first.
No refund shall be made of extra costs if any as a consequence of the Customer having chosen a method of delivery other than the cheapest standard delivery option offered by Naqi.
Naqi shall make the refund to the Customer using the same payment method as was used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not be charged any costs for such reimbursement.
The Customer may not exercise such right of withdrawal in the following cases:
- where the goods delivered are manufactured according to the Customer specifications, or are clearly intended for a specific person;
- the delivery of goods that spoil quickly or that have a limited shelf life;
- the delivery of sealed goods that are not suitable for return on the grounds of health protection or hygiene and the seal of which has been broken after delivery;
- agreements where the Customer has specifically requested Naqi to visit him to carry out urgent repairs or maintenance;
- the delivery of digital content that is not delivered on a tangible medium, if the performance has commenced with the Customer's explicit prior consent and provided that the Customer has acknowledged that he thereby loses his right of withdrawal (e.g. downloading music, software);
Clause 8: Guarantee
Pursuant to the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee shall apply from the date of delivery to the first owner. No commercial guarantee shall lead to any reduction in these rights.
In order to invoke the guarantee, the Customer must be able to produce a proof of purchase. Customers are advised to preserve the original packaging of the goods.
For articles that are purchased online and are delivered to the Customer at home, the Customer shall contact the Naqi customer service and return the product to Naqi at his own cost.
If a defect is found, the Customer shall notify NAQI® Belgium as soon as possible. In any case, all defects must be notified by the Customer within a period of 2 months after the Customer discovers the same. After the aforesaid period, all right to repair or replacement shall lapse.
The (commercial and/or legal) guarantee shall never apply to defects that arise due to accidents, negligence, spillage, use of the article in violation of the purpose for which it was designed, the failure to comply with the instructions for use or the manual, where modifications or changes are made to the article, rough handling, poor maintenance, or any other abnormal or incorrect use.
Defects that are manifested after a period of 6 months following the date of purchase, and wherever applicable, delivery, shall be deemed not to have any hidden defects, unless the Customer proves otherwise.
Clause 9: Customer service
The customer service of NAQI® Belgium can be accessed on the number +32 2 230 20 10, via e-mail at firstname.lastname@example.org, or by post at the following address: Louizalaan 523 – 1050 Brussels. Complaints if any may be addressed to the above.
Clause 10: Penalties for non-payment
Without prejudice to the exercise of other rights that NAQI® Belgium may have, the Customer shall in case of non-payment or late payment, be liable to pay a late payment interest of 10% per annum, counting from the date of default in payment, by operation of law and without the need to issue a separate notice. In addition, the Customer shall by operation of law and without the need to issue a separate notice, be liable to pay a lump sum damage compensation of 10% on the amount in question, subject to a minimum of 25 Euros per invoice.
Without prejudice to the above, Naqi reserves the right to take back the articles for which payment has not been (fully) made.
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Clause 12: Severability clause - non-waiver of rights
If any provision of these Conditions is declared to be invalid, illegal or void, this shall not in any manner affect the validity, legality and applicability of the other provisions.
If NAQI® Belgium refrains from enforcing any of the rights laid down in these Conditions, or any of its other rights, this shall never be construed as a waiver of such provision and shall never affect the validity of such rights.
Clause 13: Change in conditions
These Conditions shall be supplemented by other conditions to which explicit reference is made, and the general terms and conditions of sales of NAQI® Belgium. In case of conflict, the present Conditions shall prevail.
Clause 14: Proof
The Customer accepts that electronic communications and back-ups can serve as proof.
Clause 15: Applicable law - Disputes
The laws of Belgium shall apply, with the exception of the provisions of private international law governing applicable law.
The courts having jurisdiction over the Consumer’s place of residence shall have competence to take cognisance of legal disputes if any. The Consumer may also approach the Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr/).