Terms and Conditions
MT Westernshop general terms and conditions
MT Westernshop/Maertens & co BVBA, Spoorweg 72 in 3130 Begijnendijk (Belgium), hereafter referred to as the “seller”.
§ 1 Area of application
The present terms and conditions in their valid version upon conclusion of any sales agreement shall apply to any and all mutual claims resulting from and in connection with said agreement made between the client and seller for catalogue item shipments and internet orders. In the event of any discrepancies, the following order of precedence shall apply:
1. the present general terms and conditions;
2. any applicable legal rules and regulations.
§ 2 Agreement conclusion
By placing an order, the client formally requests the seller to enter into a binding sales agreement for any items ordered.
Any agreement is concluded once the seller accepts the client’s order. Said acceptance by the seller shall take place at the moment the goods are received by the client after shipment by the seller. In the event that the client orders over the internet, the seller shall confirm shipping electronically without delay. Any order confirmation shall not be considered as acceptance of any agreement. In the event of prepayment for any order, acceptance of said order shall take place through the sending of an order confirmation by email. In the event of any other payment methods, order confirmations shall not constitute acceptance of any agreement; in said case the shipping of the goods within 10 working days shall constitute acceptance.
The seller’s offer is without obligation and non-binding. Any goods ordered may deviate slightly in terms of colour and due to the availability of larger/smaller images from those displayed in the catalogue or on the internet due to any technology used.
Delivery shall take place under the reservation that, if delivery by the seller does not take place in the right or planned way, said delivery does not need to take place at all or in part. The aforementioned shall only apply when non-delivery is not down to the seller and the latter has entered into an agreement with the supplier with due care. The seller shall make all reasonable efforts to obtain the goods. If he does not do so, he shall return any and all amounts paid by the client. The client shall be notified without delay in the event that the goods or part thereof should be unavailable.
§ 3 Parties
The seller shall conclude agreements with clients who
a) are natural persons with unlimited legal capacity who are older than 18; and
b) any legal entities, partnership with legal capacity or sole traders acting on behalf of their commercial or freelance business activities (entrepreneurs). “Clients” within the context of said trade relationship shall be consumers as well as entrepreneurs domiciled or with their registered office in Belgium, any EU member state or Switzerland.
§ 4 Language of the Agreement
Any and all agreements shall be drawn up in Dutch.
§ 5 Revocation
Right of revocation
The client has the right to revoke the present agreement within 14 days without stating any reasons. Said term of 14 days shall commence on the day on which the client or any third party designated by him who is not the transporter of the goods, has taken possession of the last goods.
To do so, the seller must be notified of the client’s decision to revoke the present agreement by simple declaration (e.g. by regular mail, fax or email) to MT Westernshop/Maertens & co BVBA, Spoorweg 72, 3130 Begijnendijk, Belgium; fax +32 (0)2 253 42 76, email: firstname.lastname@example.org. Please feel free to make use of our blank revocation form. In order for said revocation to be on time, any notice as to the client’s choice to exercise his right to revoke the agreement must be sent before the aforementioned term expires.
Consequences of revocation
Upon revocation of the present agreement, the seller shall return any and all payments received from the client, including delivery charges (except for such additional costs resulting from the client having opted for a different way of delivery than the one offered standard by MT Westernshop/Maertens & co BVBA), to the client without delay, though at the latest within 14 days from the day on which the seller receives the client’s notice of revocation. Said amounts shall be paid back in the same way as they were paid to the seller under the original transaction, unless explicitly agreed upon otherwise. No costs whatsoever shall be charged for such repayments.
However, the seller may refuse to repay any amounts either until he has received the goods in good order or until the client provides proof of sending the goods back, whichever occurs earlier.
The client must send or give back the goods to MT Westernshop/Maertens & co BVBA, Spoorweg 72, 3130 Begijnendijk (Belgium) without delay, though in any case at the latest within 14 days from the day on which the present agreement is revoked. For the aforementioned term to be respected, the client must return the goods before said term of 14 days expires. Any costs for such returns shall be borne by the seller.
The client shall only be liable for any loss to the value of the goods if the scope of such loss is unnecessary for checking the condition, specifications and way of functioning of the goods.
The right of revocation shall not apply to:
- deliveries of non-premanufactured goods, goods whose manufacturing requires an individual choice or decision by the client or goods that are adjusted to the client’s personal needs;
- deliveries of audio-visual recordings or computer software in sealed packaging when said seal is removed after delivery;
- deliveries of newspapers and magazines, except subscription agreements.
§ 6 Retention of ownership
MT Westernshop/Maertens & co BVBA shall retain ownership of the goods until full payment of the purchase price.
§ 7 Payment and delivery
All prices are including statutory VAT. Shipping charges of €6.95 and packaging costs of €1.35 shall apply in addition to the purchase price of any goods and shall be indicated in the client’s shopping cart. Payments may be made by bank transfer. However, the seller has the right to exclude certain methods of payment. First orders are subject to prepayment by the client.
Under reservation of delivery through his own means, the seller shall ensure quick delivery within 10 working days. The client shall be notified immediately in the event of any delays. Should only part of an order be immediately available for delivery, the remaining goods shall be delivered afterwards without any additional shipment charges.
§ 8 Warranty
8.1 The seller hereby warrants that at the time of risk transfer, the products are free of any and all material and ownership defects in accordance with sections 434 and 435 of the German Civil Code.
8.2 In the event that the delivered goods show clear sings of defects in their materials or manufacturing, including damage caused by transport, the client must notify the seller of such defects as soon as possible. Failure to do so shall not affect the latter’s legal claims, however. The regulations in sections 434 and consecutive, as well as 475 paragraph 1 of the German Civil Code shall apply for the remainder.
8.3 The warranty is two years and commences when the goods arrive at the client.
8.4 In the event of any defect, the client may require said defect to be resolved or goods without said defect to be delivered in accordance with section 439 of the German Civil Code, whichever of the aforementioned options he chooses. Under section 439 of the German Civil Code the seller may refuse to abide by the client’s choice when said choice is only possible by incurring disproportionate costs. In the event that any defect should still not have been resolved after a second attempt to do so, the client has the right under section 439 of the German Civil Code to either demand delivery of goods without defects, claim a discount on the purchase price or to relinquish the agreement. Section 437 of the German Civil Code shall apply for the remainder.
8.5 Any and all applicable Belgian rules and regulations shall apply to any damage compensation claims due to defects to the goods.
8.6 Warranty claims may only be made on condition that any defect was not caused by improper use or overload. In the event that any defect only becomes apparent longer than 6 months after transfer, the client shall provide proof of the goods having said defect upon risk transfer. Failure to do so shall leave the seller free to provide proof of the contrary.
§ 9 Liability
In the event of wilful or gross negligence, any agents, their management teams and employees shall be liable in cases of positive violation of the provisions in the present agreement, malfunction, impossibility, improper use or any other legal reason (except for any violations dating from before the present agreement). The seller shall be liable to any legally possible extent in the event of death, bodily harm or damage to health, wilful violation of material obligations, fraud or any claim for compensation in accordance with section 437 paragraph 2 of the German Civil Code. Only if any material obligation is violated, shall the liability of the seller’s employees be limited to any typically occurring damage. The term “material obligation” shall be used to either refer to a concrete, material violation of any obligation that jeopardises the aim of the agreement or to refer to an abstract obligation the very compliance with which makes the execution of the agreement possible and on whose compliance the client may ordinarily depend.
§ 10 Choice of law
The legal relationship between the seller and the client as well as any applicable terms and conditions shall be subject to Belgian law. The application of the UN’s Convention on Contracts for the International Sale of Goods of 11 April 1988 is hereby excluded.
However, the aforementioned provision shall not affect any mandatory regulations in the law of the state where the client is ordinarily resident, on condition that the client has entered into a purchasing agreement that cannot be understood as belonging to the client’s professional or commercial activity (consumer contract) and the client has performed all legally required acts in the state where he is ordinarily resident in order to conclude said purchasing agreement.
If the client is a trader (handelaar) within the context of Belgian Commercial Law (Wetboek van Koophandel) or is a legal entity under public law, the courts of Brussels shall be competent to settle any and all disputes resulting from the present agreement, insofar as no single court is agreed upon. However, the seller equally has the right to file a complaint against the trader (handelaar) in their place of domicile or registered office.
§ 11 Offset of moneys owed and retention
The client is not entitled to offset any amounts or to retain the same, unless any claim is indisputable or has been established by a court.
§ 12 Data protection
12.1 The client’s address shall be stored in our IT systems for quick and error-free processing. Any data entrusted to us shall be handled in accordance with the provisions contained in the Belgian Data Protection Act (Wet op de Gegevensbescherming) and the German Telemedia Act.
The client may send MT Westernshop/Maertens & co BVBA a letter at any time to object against his data being passed on for marketing purposes.
Furthermore, the client has the right to consult and correct, block or remove any data about him stored by the seller. To do so, the client must send MT Westernshop/Maertens & co BVBA an email. Any data is blocked whenever any legal or contractual storage obligations oblige MT Westernshop/Maertens & co BVBA to retain said data.
§ 13 Agreement text storage
The text of the agreement is not stored by MT Westernshop/Maertens & co BVBA and cannot be retrieved once the order process is completed.
§ 14 Online Dispute Resolution Platform
On 15 February 2016, the European Commission set up an Alternative and Online Dispute Resolution Platform which gives consumers the opportunity to resolve disputes in relation to online orders outside court: http://ec.europa.eu/consumers/odr.
Status: 1 February 2017
This webshop is owned by MT Westernshop/Maertens & co BVBA. Despite our best efforts to check all the information we publish, we cannot be held responsible for spelling mistakes or any other errors.