Algemene voorwaarden - Sunshine Colours

Enterprise data

Sunshine-Colours BV
Budingenweg 37
3440 Zoutleeuw

info@sunshine-colours.be
Mobile phone: +32(0)475/547187
VAT: BE0830.680.878

Manager Borgers Ludo

Article 1: General provisions

The e-commerce website of Sunshine-Colours a BV with registered office in Budingenweg 37.3440 Zoutleeuw, VAT BE 0830.680.878, offers its customers the opportunity to purchase the products from its online shop.

These Terms and Conditions apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the Sunshine-Colours BV online store, the Customer must expressly accept these Terms, which agrees to the applicability of these Terms, excluding all other conditions. Additional terms and conditions of the Customer are excluded, except where they have been previously, in writing and expressly accepted by Sunshine-Colours BV.

Article 2: Price

All listed prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately. For purchases under 45 euros, there is always a fixed cost in Belgium of € 12. Above 45 euros, shipping in Belgium is free.

For the Netherlands is free shipping from €45. Below 45 euros a fixed cost of € 12 will be charged.

For Germany and Luxembourg there is free shipping from €60. Below 60 euros a fixed cost of €14 will be charged.

For France, we always a fixed cost of €16 will be charged.

The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. If, due to circumstances, there had to be an article with a price of € 0, that article will not be delivered at that price.

Article 3: Offer

Despite the fact that the online catalogue and the e-commerce website are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Sunshine-Colours BV. Sunshine-Colours BV is what the accuracy and completeness of the information offered is only held up to a means commitment. Sunshine-Colours BV is under no circumstances liable in the event of manifest material errors, printing or printing errors.

All dimensions of the products are measured from one extreme to the other, the dimensions of the pot itself are not measured and all flower arrangements are handmade.

When the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact our customer service in advance.

The offer always applies as long as the stock lasts and can be adjusted or withdrawn at any time by Sunshine-Colours BV. Sunshine-Colours BV cannot be held liable for the non-availability of a product. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.

Article 4: Online purchases

The customer chooses in advance in the home page which category he wants and clicks on it, then he automatically ends up in the webshop of that category and he immediately sees the price and the article number . By clicking on the button in shopping basket, the product can be ordered immediately or if one op clicks on the quick view button one can see a better description of the product and even enlarge the photo., you will also see how many are still in stock and you can fill in the quantity you like. You can never fill in there again when there are in stock. If there is no more stock, you will not be possible to place an order. If the order has been placed you can view the basket and there you can still make adjustments such as ordering or erasing several pieces, you will also see what you have to pay and then you click on continue to checkout. At the checkout window, you fill in all the data that is requested, even where a * is required to fill in, also you will see at the bottom the total amount to be paid. And you can pay the amount directly by electronic means. Please include your order number in the payment reference. As soon as the order is placed you will receive an email with everything you have ordered.

The Customer can all pay by electronic means so he can choose from different methods. Sunshine-Colours BV is entitled to refuse an order due to a serious customer failure in relation to orders in which the Customer is involved.

Article 5: Supply and implementation of the Agreement

De klant krijgt een week de tijd om te betalen en van zodra het geld op onze bankrekening is toegekomen krijgt de klant een email van ons waarin The customer is given a week to pay and as soon as the money has arrived in our bank account the customer receives an email from us stating that we have received the money and with the tracking number so that the customer can follow his package himself. If the money is not in our account after a week, the order will be cancelled by Sunshine-Colours BVThe customer will receive a reminder in advance by email from Sunshine-Colours BV. Items ordered through this online store are delivered in Belgium-Netherlands-Germany-France and Luxemburg.De delivery is done by GLS for Belgium and DPD for other countries ,in the event of delays at Gls, Sunshine-Colours bv is not responsible Any visible damage and/or qualitative deficiency of an item or other defect in the delivery must be reported by the Customer to Sunshine-Colours BV without delay. The risk of loss or damage passes to the Customer from he (or a third party appointed by him, who is not the carrier) has physically obtained the goods. However, the risk is already passed on to the Customer upon delivery to the carrier, if the customer’s carrier has been instructed to transport the goods and this choice was not offered by Sunshine-Colours BV.

Article 6: Reservation of ownership

The delivered items remain until the moment of full payment by the Customer, the exclusive property of Sunshine-Colours BV. The Customer undertakes, if necessary, to point out to third parties the reservation of ownership of Sunshine-Colours BV, e.g. to anyone who would seize the items not yet paid in full.

Article 7: Right of withdrawal

The provisions of this article apply only to Customers who, in their capacity as consumers, purchase items online from Sunshine-Colours BV. The consumer has the right to inform Sunshine-Colours BV that he will refrain from purchasing, without paying a fine and without specifying motive within 14 calendar days from the day following the delivery of the product. Customers who wish to make use of the right of a stay should contact Sunshine-Colous BV within 14 calendar days of delivery. In order to exercise the right of withdrawal, the Customer must complete the form:

MODEL FORM FOR WITHDRAWAL
(fill out and return this form only if you wish to rescind the agreement)
Aan Sunshine-Colours BV – Budingenweg 37, 3440 Zoutleeuw
I inform you that I am revoking our agreement on the sale of the following goods.
Ordered at:
Received at:
Consumer name:
Consumer address:
Consumer signature
(only when this form is submitted on paper)
Date:

In order to comply with the withdrawal period, the Customer must send his notice regarding his exercise of the right of withdrawal before the withdrawal period has expired. The Customer must return the goods to Sunshine-Colours BV without delay, but at least no later than 14 calendar days after the day on which he communicated his decision to revoke the contract to Sunshine-Colours BV, to Sunshine-Colours BV – Budingenweg 37, 3440 Salt Lion. The Customer is on time when he returns the goods before the 14 calendar days deadline has expired. The direct costs of returning the goods are borne by the Klant.De Customer is requested to return the items in their original condition and packaging, with all the accessories supplied, and instructions for use. If the returned product is somehow reduced in value, Sunshine-Colours BV reserves the right to hold the Customer liable and to claim compensation for any impairment of the goods resulting from the customer’s use of the goods that goes beyond what is necessary to determine the nature, characteristics and operation of the goods. All returned items are carefully examined. The starting point here is that the consumer may only inspect the item as he would be allowed to do in a shop. Returned items may be appropriate, but may not have been used. If an item has been impaired by the use of the Customer, it will be charged to the Customer. If the Customer rescinds the agreement, Sunshine-Colours Bv will refund all payments received to the Customer’ time, including the standard delivery fee, to the Customer within a maximum of 14 calendar days after Sunshine-Colours BV has been informed of the Customer’s decision to rescind the agreement. In the case of sales agreements, Sunshine-Colours BV may wait for the refund until he has recovered all the goods, or until the Customer has demonstrated that he has returned the goods, whichever time is first. Any additional costs resulting from the customer’s choice of delivery other than the cheapest standard delivery offered by Sunshine-Colours BV will not be refunded. Sunshine-Colours Ltd reimburses the Customer using the same means of payment as the customer made the original transaction, unless the Customer has expressly otherwise consented; in any case, the Customer will not be charged for such a refund. Only products contained in the original and undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase, can be recovered. The shipping costs for the return are at the expense of the buyer and are not refunded.

Will under no circumstances be taken back:

installed, used, soiled, damaged or incomplete products
products whose packaging (or part of it) was opened
products that have a clear personal character
products that cannot be returned by its nature
bespoke products

The Customer cannot exercise the right of withdrawal for:

the supply of goods manufactured according to the customer’s specifications, or which are clearly intended for a specific person;
the supply of goods which, by their very nature, are irrevocably mixed with other products after delivery;

Article 8: Guarantee

Sunshine-Colours BV shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims which the customer may assert in the case of a failure to comply with Sunshine-Colours BV’s obligations to Sunshine-Colours BV under the law and/or the distance agreement. For items purchased online and delivered to the Customer’s home, the Customer should contact Sunshine-Colours BV and return the item to Sunshine-Colours BV at his expense.

If a defect is determining, the Customer must inform Sunshine-Colours BV as soon as possible. In any case, any defect must be reported by the Customer within 2 days of its adoption. After that, any right to replacement will be voided.

Article 9: Delivery and execution

All deliveries above € 45 are free in Belgium. If the amount is less than € 45, a fixed cost of € 12 must always be paid for the shipment.

For the Netherlands is free shipping from €45. Below 45 euros a fixed cost of € 12 will be charged.

For Germany and Luxembourg there is free shipping from €60. Below 60 euros a fixed cost of €14 will be charged.

For France, we always a fixed cost of €16 will be charged.

All Orders arriving before 3pm will be shipped the same day
We depend on GLS or DPD for the delivery of your package. The effective delivery time can be 2 to 3 days and depends on how quickly GLS or DPD processes your package.If there are delays at Gls or DPD, Sunshine-Colours bv is not responsible for this.

Sunshin-Colours BV will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address provided by the customer. If the customer wishes an invoice, he must report this with the order and an invoice will only be issued to customers with a VAT number, customers without a VAT number will receive a receipt upon delivery. If a private individual nevertheless wishes to receive an invoice, he will have to pay an administration fee of €12 including VAT.
If delivery of an ordered product proves impossible, Sunshine-Colours BV will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered.
The risk of damage and/or loss of products rests with Sunshine-Colours BV until the moment of delivery to the customer, unless expressly agreed otherwise.

Article 10: Force majeure

We are not liable for any delay in the implementation or failure of our commitments due to events beyond our normal control, including production interruptions, difficulties in supply or shortages of raw materials, workers, energy or transport or delays in transport, strikes, lockouts, work stoppages or other collective labour disputes, which affect either ourselves or our suppliers, and even if these events are foreseeable.

Article 11: Payment

All products must be paid electronically where the customer can choose from different methods. If no payment is made within the week, Sunshine-Colours BV has the right to cancel the order. The customer has a duty to report inaccuracies to the trader without delay in payment details provided or mentioned. If, without special reason, the recipient refuses the goods (products) delivered, Sunshine-colours BV nevertheless has the right to invoice the delivery. In the event of a customer default, Sunshine-Colours BV has the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the customer.

Article 12: Privacy

The controller, Sunshine-Colours BV, respects the Belgian law of 8 December 1992 with regard to the protection of private life in the processing of personal data. The personal data you have communicated will only be used for the following purposes: Personal data that we process. We process your personal data because you use our services and/or because you provide this data to us yourself. Below is an overview of the personal data we may process, depending on the product or service you purchase:

First and last name
Address
Phone number
Email address
Location information
Details about your activities on our website
Bank account

You have a legal right to access and any correction of your personal data. Provided proof of identity (copy identity card) you can obtain the written communication of your personal data free of charge via a written, dated and signed application to Sunshine-Colours BV – Budingenweg 37, 3440 Zoutleeuw,info@sunshine-colours.be free of charge. If necessary, you can also ask to correct the data that would be incorrect, inconsequent or not relevant. In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To this end, you can always turn to Sunshine-Colours BV – Budingenweg 37, 3440 Salt Lion. We treat your data as confidential information and will not pass it on, rent it or sell it to third parties. The customer is responsible for keeping his login details confidential and using his password. Your password is stored encrypted, so Sunshine-Colours BV does not have access to your password.
Further information about Privacy Statement can be found on our website under the section PrivacyPolicy.
If you have any questions about this privacy statement, please contact us on info@sunshine-colours.be.

Article 13: Impairment validity – non-subsidence

If a provision of these Conditions is declared invalid, unlawful or null and void, it will in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by … to enforce any of the rights listed in these Conditions, or to exercise any right thereof, will never be seen as a lapse in such provision and will never affect the validity of those rights.

Article 14: Conditions for amendment

These Terms are supplemented by other conditions that are explicitly referred to, and the general terms of sale of Sunshine-colours BV In the event of inconsistency, these Terms and Conditions prevail.

Article 15: Additional or derogatory provisions

Sunshine-Colours BV has the right to change these terms and conditions without any notice. However, the conditions shown on this site are the most recent.
Additional information:
Order: An order is permanently placed after going through the ordering process, agreeing to the terms and conditions, choosing a payment method and the notification on your screen that your order has been placed. Changes: After the conclusion of the agreement, you can only pass on changes that do not affect the total amount to be paid or already paid and provided that your order has not yet been processed. If a change can no longer be processed, you will be notified (during business hours). Changes can be communicated by email. Payment methods: transfer to our account.

Article 16: Applicable Law – Disputes

Belgian law applies, with the exception of the provisions of private international law on applicable law. The courts of the consumer’s place of residence have jurisdiction in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).

Article 16: Annex 1: Model form for withdrawal

Beste Klant, dit formulier moet u alleen invullen en terugzenden als u de overeenkomst wilt herroepen.
Aan Sunshine-Colours BV – Budingenweg 37, 3440 Zoutleeuw, info@sunshine-colours.be:

Dear Customer, this form should only be filled out and returned if you wish to rescind the agreement. To Sunshine-Colours BV – Budingenweg 37, 3440 Salt Lion, info@sunshine-colours.be:

I/We (*) share/communicate (*) to you that I/we (*) recant/recant our contract for the sale of the following goods/delivery of the following service (*) (*):
Paragraph
Ordered on (*)/Received on (*)/Received on (*):
Consumer Name(s) :
Consumer Address(es):
Consumer Signature(s) :
Date :

(*) Strike out what doesn’t apply.