Article 1. Scope
- De Factorij website (the “Site”) is owned and operated by De Factorij NV (“De Factorij”), having its corporate seat at Biezenstraat 1 2470, Retie, in Belgium. Except as otherwise noted herein, the Site is governed by these terms and conditions (“the Terms”). Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. De Factorij reserves the right to make changes to the Site and to these Terms at any time. No material from the Site may be copied, republished, distributed, uploaded, posted or transmitted in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, is De Factorij property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We have the right to change these rules and/or limitations at any time, in our sole discretion.
- These Terms govern all contracts, supplies and other services agreed between you as the customer and De Factorij.
- Unless De Factorij has indicated otherwise in writing, your own general terms and conditions shall not be accepted.
- The Site may be used only for lawful purposes and is available only for your personal, noncommercial use. Such use shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.
Article 2. Entering Into a Contract
- De Factorij shall confirm your order by e-mail. A contract is created only when payment has been successfully made. De Factorij is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If De Factorij is unable to clearly establish your permanent or temporary address, an order cannot be accepted.
- Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if you have received an order confirmation. Such an order will in principle therefore not be delivered. De Factorij shall endeavor, however, to contact you to complete the payment instructions so that delivery can be made.
Article 3. Prices and Costs
- The contract price is the current price at the moment when an order is placed on the Site. VAT is included in this price for final customers. For retailers and professionals, VAT is included depending on your Pricing Display Preferences, which you may configure in your My Account page.
- The prices quoted on the Site are exclusive of delivery costs.
- De Factorij is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
Article 4. Fulfilling Orders
- De Factorij shall act with the greatest possible care in processing orders for articles.
- De Factorij shall dispatch accepted orders as quickly as possible in the order in which they are received.
- The on the Site indicated delivery terms is approximate only and there is no right to compensation if actual delivery takes longer.
- We reserve the right to place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise.
Article 5. Vintage Items
- Most of our articles are vintage and in most cases one of a kind. De Factorij updates the Site as often as possible, however all articles are sold on a first come, first served basis and it is possible for something to be sold and not indicated as so.
- Most of the articles are second hand. This means the articles are used and can contain traces of use.
- All of our articles are provided with an adequate description and photographs to enable you to have good judgment regarding these articles. The photographs serve as an example, the delivered articles can differ in color and condition from the articles as shown on the Site.
Article 6. Right to Return Articles
- You are entitled to return any article to De Factorij within fourteen (14) calendar days of its delivery, without need to give any reason. This right also extends to articles that have been reduced in price. This has the effect of cancelling the purchase of that article and you will be refunded the amount already paid to De Factorij for the said article. Please note that we will not refund the shipping cost for the returned articles.
- The right to return articles within fourteen (14) calendar days as mentioned in article 7.1 only applies if you are a natural person who acts for purposes other than those of his trade, business or profession. For the avoidance of doubt, no refund will be made in respect of articles returned to De Factorij after the said fourteen-day period.
- Articles being returned must be in the condition generally accepted for normal use regarding approval of the articles. If you wish to exercise such right to return an article, the article must be returned to De Factorij together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by De Factorij.
- De Factorij is entitled to refuse to accept a returned article or to send it back to you if the article reveals damage caused by you or if you do not comply with the instructions for returning the article given by De Factorij.
Article 7. Error in Delivery
If De Factorij delivers an article different from the one ordered, or if the article is damaged or defective, you must notify De Factorij as soon as possible after receiving the delivered article. De Factorij shall then reimburse the purchase price plus delivery costs.
Article 8. Complaints
- If you wish to exchange or return an article, it must follow the instructions as specified by De Factorij.
- Complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address: email@example.com
- The e-mail message must contain your name, e-mail address corresponding with that in De Factorij’s records, the order number included in the order confirmation and the article number.
- For other queries or comments you can use the following e-mail address: firstname.lastname@example.org or call the following telephone number: +32 (0)14 321 032.
Article 9. Minimum Age
An order will not be accepted by De Factorij from anyone under the age of 18.
Article 10. Payment
- You may pay with all payment methods available in the webshop of www.defactorij.be.
- All payments must be made in accordance with the instructions given on the relevant pages of the Site.
Article 12. Proprietary Rights
De Factorij is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the licensee or copyright owner of the materials and content on the Site, unless otherwise indicated. De Factorij logos, designs, the copyrights, trademarks, and/or other intellectual property in such materials are owned by De Factorij and may be registered internationally. You may view, copy or print pages from the Site solely for personal, non-commercial purposes.
Article 13. Limitation of Liability
You assume all responsibility and risk with respect to your use of the site, which is provided “as is. De Factorij disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, usefulness, or content of information, access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. De Factorij does not warrant that the site or its function or the content or the services made available thereby will be timely, secure, uninterrupted or error free. De Factorij makes no warranty that the site will meet users’ expectations or requirements. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
In no event shall De Factorij, its affiliates or any of their respective directors, officers, employees, agents, or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on or accessed through the site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if De Factorij or its representative or such individual has been advised of the possibility of such damages.
Article 14. Disputes Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with De Factorij shall be governed in all respects by the law of Belgium and shall be brought exclusively before the court in Antwerpen, Belgium.