Terms and Conditions

Private firm “Saar Swinters”, located, Zwijnaardsesteenweg 172, 9000 Gent

1. General

1.1 These Terms and Conditions are applicable on all transactions done with “Saar Swinters”

The Terms and Conditions are accessible to all and can be found on www.saarswinters.be

A printed version can be sent on request.

1.2 Placing an order imply you agree with delivery and payment conditions

1.3 Unless specified in a written agreement, third party specific terms, conditions or stipulations are not recognized by “Saar Swinters”.

1.4 “Saar Swinters” guarantees that delivered products will answer to the agreement and meet specifications mentioned in the initial offer.

2. Delivery

2.1 Delivery will take place as long as stock is available

2.2 Following distance sales regulations “Saar Swinters” will honor payed orders within a 14 day term. In the event this would be impossible to do (because the ordered item is not in stock or can’t be delivered anymore) or that for any other reason a delay has occurred, or that an order cannot, or only partially, be executed, the client will receive a notification within a 14 day period following the placing of concerned order and will have the right to cancel the concerned order without costs or notice of default.

In this case any payment already made will be refunded to the client.

2.3 Except proof of the contrary the delivery will be considered as done once the by “Saar Swinters” delivered items were presented to the consumer.

2.4 Saar Swinters cannot be held responsible for goods lost/damaged in transit

3. Prices

3.1 Prices will not increase during the term of the offer unless imposed by legislation.

3.2 All prices are mention

4. Trial period and revocation right

4.1 When concerning consumer sales and following distance sales regulations, the consumer has the right to return the product within a period of 14 calendar days without having to justify the reason. This 14 day term begins at the moment the goods have been delivered.

If the consumer does not return the goods to “Saar Swinters” by the end of this 14 day period, the sale is considered a fact, and completed.

Before sending any item back, the consumer is obliged to notify “Saar Swinters” by letter or email within a 7 day period following the delivery.

The consumer must prove that the goods have been sent back in time, for instance by producing a proof of postal delivery.

Returning goods must be done in the original packaging (including accessories and documentation), items must be in a new condition

If the items have been used by the consumer, are deteriorated, or in any way damaged, the right to cancel the sale will expire within the meaning of this paragraph.

Considering what has been stated in the former sentence, “Saar Swinters” will see to it that within a period of 30 days following the reception of the returned goods, the total payment, with exception of charged shipping costs will be refunded to the customer.

Returning goods is entirely at the charge and risk of the consumer.

5. Data management

5.1 When ordering at “Saar Swinters” jour personal data will be held in a customer file managed by “Saar Swinters”. “Saar Swinters” applies Belgian privacy legislation and will not communicate your personal data to any third party.

5.2 “Saar Swinters” respects the privacy of website users and will ensure confidentiality when processing your personal data.

5.3 In some cases a newsletter will be proposed. This newsletter will only be sent to customers who willingly sign in. The customer can be scrapped from the newsletters sending list, by simple request.

6. Warranty

6.1 “Saar Swinters” guarantees that the by her delivered items will comply with the requirements concerning usability and reliability as generally agreed upon in the sales contract.

6.2 The consumer is required to inspect the items immediately after receiving them. In the event the delivered items do not comply with what was ordered, are unsuitable or incomplete, the consumer is then required to inform “Saar Swinters” of these defaults via a written document or email, before returning the package. Returning goods must be done in the original packaging (including accessories and documentation), items must be in a new condition. Damages that occur after the inspection of the goods will annul the right to return the product.

6.3 In the event “Saar Swinters” considers that a complaint is legitimate/acceptable, “Saar Swinters” will then chose to replace the goods free of charge, or settle for a financial compensation with the customer in a written document, provided that the liability of “Saar Swinters” and as such the amount of the compensation cannot exceed the amount of the invoice concerning those items.

7. Offers

7.1 Offers are optional, unless described otherwise in the offer.

7.2 Verbal concessions will only commit “Saar Swinters” after they have been confirmed in a written document or email.

7.3 Offers at “Saar Swinters” will not be automatically valid for further orders.

8. Sales agreement

8.1 A sales agreement between “Saar Swinters” and a customer will only be effective after the consumer has paid for the ordered goods.

9. Pictures and specifications

9.1 All pictures, photographs, drawings etc. by which also data concerning weight, size, measures, color, reproduction of labels etc. present on the website of “Saar Swinters” are approximate and solely indicative and cannot initiate a claim or the annulment of the sales agreement.

10. Force majeure

10.1 “Saar Swinters” cannot be held accountable if, and as far as, her commitments could not be fulfilled due to a case of Force majeure.

10.2 Under Force Majeure we understand any exterior reason, including any situation, who reasonably cannot be considered her responsibility. Delays or default by suppliers, malfunction of the internet, malfunction of the electricity network, malfunction of email traffic, malfunction or alterations in third party delivered technologies, transport or shipping difficulties, strikes, government measures, delays in deliveries, negligence of suppliers and/or manufacturers of “Saar Swinters” including that of helpers, sick leave op personnel, defects in tooling or transport are expressly considered as Force Majeure.

10.3 In a case of Force Majeure, “Saar Swinters” holds the right to suspend her obligations and to annul the sales agreement totally or partially, or to impose that the content of the agreement be modified in such a way that execution remain possible. In no case will “Saar Swinters” be obliged to pay a fine or compensation.

10.4 In the event that Force Majeure occurs and that “Saar Swinters” has already partially delivered in her obligations, or if she can only partially deliver in those obligations, she holds the right to invoice the partially delivered goods and consider this partial delivery as a separate contract.

11. Property of goods

11.1 “Saar Swinters” keeps the property of goods sold to the customer as long as the customer has not given satisfaction to claims issued by “Saar Swinters” in the frame of the sales agreement or of similar former or later agreements, and as long as the customer has not completed requested actions or that the client has not satisfied similar claims of which fines, interests and charges.

12. Legislation

12.1 Belgian Legislation is applicable on all sales agreements

12.2 Any dispute originating from a sales agreement between “Saar Swinters” and a customer that cannot be settled between the parties willbe settled by the competent judge within the MECHELEN judicial district (arrondissement) unless ”Saar Swinters” decides otherwise and choses to let a judge within the district of the place of residence of the customer settle the matter, exception made of disputes for which only the “Kantonrechter” is declared competent.