GENERAL CONDITIONS OF SALE
Sakura Fountain Pen Gallery BV - Catherine Van Hove, manager
Koning Albertstraat 72b - 3290 Diest - Belgium
VAT BE 0763 663 083- IBAN BE17 0689 4041 4421 - BIC GKCCBEBB
tel +32 (0)13 46 25 05 - +32 (0)486 80 95 96
1. General provisions.
The electronic webshop of the Sakura Fountain Pen Gallery, with registered offices in Herselt, Limberg 52, Belgium, VAT BE 0842 503 297, offers its customers the possibility of purchasing writing instruments and related items online. The present General Conditions apply to all the items in the range and any and all purchases the customer makes at the Sakura Fountain Pen Gallery. The customer agrees that the present conditions shall apply exclusively, to the exclusion of his own general or particular (purchasing) conditions, even if such conditions stipulate that they are exclusively applicable.
All the prices quoted, expressed in euros, are in all cases inclusive of VAT and any and all other compulsory taxes to be borne by the customer. If any transport, reservation or administrative costs are charged, this will be mentioned separately. The quoted price refers exclusively to the items as they are described in words. The corresponding photograph is used for illustrative purposes and may contain elements or items that are not included in the price. The price printed in the catalogue takes precedence over the prices quoted on the website.
The articles are intended exclusively for normal private use.
In spite of our efforts to ensure that the website is put together with the greatest possible care, it is nonetheless possible that the information provided is incomplete, contains material errors or is not up-to-date. If you have any specific questions concerning workmanship, nibs, colour, availability, delivery date or means of delivery, please contact our customer service in the first instance.
The Sakura Fountain Pen Gallery shall be held only to an obligation to means as regards the accuracy, updatedness or exhaustiveness of the information provided. The Sakura Fountain Pen Gallery shall under no circumstances be held liable in the event of any material errors, typographical errors or printing errors. The offer remains valid while stocks last and may be amended or withdrawn at any time.
The Sakura Fountain Pen Gallery reserves the right - without giving reasons - to refuse the order, to modify the delivery deadlines, to split deliveries or to make the delivery subject to other conditions.
4. Online purchases.
The purchase takes place at the time when the customer accepts the General Conditions on the website and receives a confirmation e-mail from the Sakura Fountain Pen Gallery. The items are delivered to the customer's home on the delivery date mentioned in the confirmation e-mail. The customer has the choice of the payment methods indicated on the website.
5. Retention of title.
The delivered items shall remain the exclusive property of the Sakura Fountain Pen Gallery up to the time of full payment by the customer. However, the risk of loss or damage is transferred to the customer from the time of delivery. The customer undertakes, if necessary, to inform third parties of the retention of title of the Sakura Fountain Pen Gallery, for example any person who may levy attachment on the items that have not yet been paid in full.
6. Penalties for non-payment.
Without prejudice to the exercise of other rights of the Sakura Fountain Pen Gallery, in the event of non-payment or late payment, the customer shall be required from the date of the default ipso jure and without notice to pay interest of 10% per year on the unpaid amount. Furthermore, the customer shall ipso jure and without notice be charged a flat-rate compensation of 10% on the amount in question, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, the Sakura Fountain Pen Gallery reserves the right to take back the unpaid or not fully paid items.
Any visible damage and/or quality deficiency of an item or any other shortcoming in the delivery must be reported within 48 hours, on pain of forfeiture of any rights.
a. Legal warranty (only for consumers)
Under the terms of the law of 21 September 2004 concerning the protection of consumers in the case of the sale of consumer goods, the consumer has legal rights.
Each item is subject to the legal warranty from the date of purchase by the first owner. These rights are not affected by any commercial warranty.
- To make a claim on the warranty, the customer must be able to submit the proof of purchase.
- For items that were purchased online and delivered to the customer's home, the customer must first contact the Sakura Fountain Pen Gallery customer service and then send back the item at his expense and risk.
Any and all nonconformities must be reported within 1 month following the observation thereof. Beyond that date, any entitlement to repair or replacement shall lapse.
- The warranty never applies to any defects caused by accidents, neglect, falls, abnormal or incorrect use, use of the item for purposes other than the purpose for which it was designed, failure to follow the instructions for use or the manual, adjustments or changes to the item, aggressive use, poor maintenance or abnormal or incorrect use.
- Furthermore, it does not apply to items with a shorter service life or wearing parts.
Any defects that appear after a period of 6 months following the date of purchase or, where appropriate, of delivery shall not be construed as latent defects, subject to proof to the contrary by the Customer.
- The warranty is not transferable.
10. Reservations and advance payments.
Limited pieces can be reserved. At the time of reservation of collector's items or limited pieces that have already been manufactured, an advance payment of 30% is requested and the balance is payable before the product is dispatched.
The customer will be informed of the time of delivery. Generally speaking, this is between 14 working days and 2 months from the time of the order.
If collector's items or limited pieces are made to order, an advance payment of 50% is requested and the balance is payable before the product is dispatched. In the event of cancellation of such an order, the advance payment is not refunded. The customer will be notified of the time of delivery, which is generally between 3 months and 1 year from the time of the order.
11. Delivery and delivery periods.
Items are delivered by taxipost or by courier. The Sakura Fountain Pen Gallery endeavours at all times to meet the stated delivery deadlines. The customer will be informed in the event of any failure to meet deadlines.
12. Transport costs.
Unless otherwise agreed in writing, the customer pays the standard transport costs and any insurance costs. Any and all import duties or taxes shall be borne by the customer.
13. Right of withdrawal
The provisions of this article shall apply only for customers who in their capacity as consumers purchase articles online:
The consumer is entitled to inform the Sakura Fountain Pen Gallery that he withdraws the purchase, without payment of a penalty and without giving reasons, within 14 days from the day following the delivery of the product.
Customers who wish to exercise the right of withdrawal must within 14 days from the time of delivery contact the Sakura Fountain Pen Gallery customer service and send back the goods at their expense and risk to the Sakura Fountain Pen Gallery, Koning Alberstraat 72b, 3290 Diest Belgium, within 20 days from the time of delivery of the goods.
Only items that are in the original and undamaged packaging, together with all their accessories, instructions for use and the invoice or proof of purchase may be withdrawn.
The following may under no circumstances be taken back:
- used, soiled, damaged or incomplete items
- items of which the packaging (or a part thereof) has been opened
- items that were tailor-made for the customer
- items which, by their nature, cannot be returned.
The Sakura Fountain Pen Gallery undertakes to use your data only for the performance of the agreement which you concluded by your order and to send you information without commitment. If you also wish to receive information by e-mail, please enter your e-mail address.
The Sakura Fountain Pen Gallery complies strictly with the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data. You have access via your user profile to consult, change or delete all the available data concerning you at the Sakura Fountain Pen Gallery.
15. Invalidity - Non-waiver clause
If any clause of the present Conditions is declared invalid, illegal or null and void, this will not in any way affect the validity, legality or applicability of the other clauses.
Failure at any time by the Sakura Fountain Pen Gallery to enforce any of the rights listed in the present Conditions or to exercise any right arising therefrom shall under no circumstances be construed as a waiver of this clause and shall under no circumstances affect the validity of such rights.
16. Customer service.
The customer service is available by telephone from Monday to Friday from 9 am to 6 pm on number +32 (0)14 54 41 29, by e-mail at firstname.lastname@example.org or by post at the following address: Koning Albertstraat 72b, 3290 Diest, Belgium
17. Amendments to the conditions.
The present conditions shall be supplemented by other conditions where explicit reference is made thereto and the general conditions of sale of the Sakura Fountain Pen Gallery. In the event of any inconsistency, the present Conditions shall prevail.
The Sakura Fountain Pen Gallery reserves the right to amend the present Conditions at any time without further notice. In the event of any purchase after the amendment, it shall be assumed that the new Conditions are accepted by the customer.
The customer agrees that electronic communications and backups may be used as evidence.
19. Applicable law - Competent court.
The laws of Belgium shall apply, with the exception of the provisions of international private law concerning applicable law and the Rome-I regulation on the international sale of goods. In the event of any disputes, the courts of the place of the registered office of the seller shall have exclusive jurisdiction.
20. Precedence of the Dutch text.
The present General Conditions are drawn up in Dutch and English. In the event of any ambiguity or differences, the Dutch text shall take precedence.