Shopping Terms

 

These conditions only apply for online orders placed via the e-shop.

 

1.       Abitana NV is a company with registered offices at Brusselstraat 120, 1702 Groot-Bijgaarden, Belgium. The company is registered with the Register of Commerce of Brussels under nr 665764, VAT nr BE 478.469.722   tel +32 (0) 2 412 00 60, e-mail sales@abitana.com.

2.       Unless explicitly agreed otherwise between the parties in writing, the relationship between Abitana NV and its customers is regulated by these general sales conditions, which are accepted by the customer, even if they might conflict with the customer’s general or specific purchasing terms and conditions. The fact that the customer has not received these conditions in his mother tongue does not release the customer from the obligation to subject to these conditions.

3.       Nothwithstanding the fact that the general conditions and the website www.abitana.com can be consulted and used by worldwide internet visitors, the online e-shop has been made and destined solely for customers resident in the BeNeLux region.

4.       Abitana NV retains the right to modify its general conditions without notifying the customers individually, the modifications giving no ground to the customer to claim any compensation. It is therefore the customer’s obligation to verify periodically and prior to any purchase order if any modifications have been made to the conditions.

5.       Unless otherwise mentioned in the product descriptions on the website, the offers and pricelists are valid as long as they are shown in the online catalog.  Abitana NV retains the right to modify prices and specifications at any time.

6.       Payments of online orders can be made in following ways:

  • Via manual bank transfer to our Bank Account.  (In this case the products can only be reserved after reception of the payment).  We therefore urge our customers to instruct their bank to execute  the payment as soon as possible.
  • A manual transaction with the customer’s VISA credit card by phone. Please contact us.

7.       The payment has to be executed immediately and in its entirety.
If for any reason the order cannot be delivered entirely, we will contact the customer by phone or e-mail and reimburse within one working week the non-deliverable goods by transfer to a bank account number indicated by the customer.
For reimbursement as a consequence of the right to reconsider, see paragraph 12.

8.       Unless we experience a case of force majeure, the delivery will be made between 3 and 7 working days after reception of the payment.  The delivery lead time is only indicative. Abitana NV will do everything reasonably possible to respect the indicated lead time, but the fact that the leadtime has been exceeded does not give the customer ground to claim an indemnity or to cancel or annulate the order. If some goods are not deliverable, Abitana NV will inform the customer as soon as possible.  Abtana NV retains the right to replace the ordered product by an equivalent product if this is a new version of the same product or a successor to a product that is not available any more. 

9.       Delivery is made to the address indicated on the order form. The delivery service will ask for presentation of a legitimation and request the signature of the customer on a copy of the delivery note confirming that the goods have been delivered in proper condition. Any visible damage or defect should be mentioned on the delivery note and immediately notified for follow-up to our sales department  by e-mail to sales@abitana.com

10.   Abitana NV offers a 12-month warranty on the products it manufactures.  If after inspection it appears that the goods do not fulfill the specifications which can reasonably be expected, the products will be replaced by equivalent products or repaired at the discretion of Abitana NV. For goods for which Abitana NV acts as intermediary, the warranty is limited to the warranty offered by the manufacturer.
The warranty does not extend to interventions or replacements due to natural wear and tear, or negligence or improper use.
Safe the obligation of replacement or repair mentioned above, Abitana NV is not bound to honour any claim for indemnity whatsoever. The delivery note and/or invoice are the titles to your warranty, please store them in a safe place.  To be able to exercise your warranty, please contact our sales department at phone nr +32 (0)2 412 00 60, or fax +32 (0)2 412 00 61, or e-mail to sales@abitana.com
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11.   Abitana NV may add hyperlinks to its website www.abitana.com that refer to third party websites.  Abitana NV declines any responsibility for the content that appears on linked sites., managed by third parties.

12.   In the legal framework regarding online sales to consumers, regulated by the law of July 14,1991 and ammended by the law of May 25, 1999, the consumer has the right to resiliate a purchase, without having to justify this resiliation, and without incurring a penalty, within a period of 7 working days following the date of delivery.  This right of resiliation exists to allow the consumer to evaluate the goods in conditions comparable to those in a physical store. The law specifies “consumer” as physical persons or legal entities that are using the purchased goods for non-professional purposes.  Therefore the right of resiliation does not exist for products purchased for professional use.
The resiliation will only come into effect uneder the explicit condition that the customer has notified his desire to resiliate  by registered mail to Abitana NV, department “E-shop Order Resiliation”, Brusselstraat 120, 1702 Groot-Bijgaarden and under the explicit conditions that the goods are in the original package, complete, unused, undamaged and ready for resale.  Products that would not be returned in this condition to Abitana NV will remain at the disposal of the customer, who will have to pay the price for them.
When a consumer exercises his right for resiliation within the 7 days following the delivery, he will have to return the goods at his own expense to Abitana NV, department “E-shop Order Resiliation” . Goods returned under other conditions will be refused.  In your own interest, we advise you to ask for a proof of return from the postal or transport courier. The goods have to be returned to the address mentioned in paragraph 1 above, accompanied by delivery note or invoice.,.
When the right of resiliation has been exercised in this way, we will refund within a period of 30 days any sum paid for the purchase of  products, not including transport costs. Refund will be done to a bank account indicated by the customer in the registered mail by which he notifies his desire to resiliate.

13.   If one of these conditions becomes null or non-executable, all the other conditions remain in force unabridged and enforceable by law.

14.   The parties accept in their dealings electronic proofs (eg e-mails, database records, data backups,..)

Any dispute regarding validity, interpretation or execution of the above conditions are regulated by the law of the kingdom of Belgium and will be judged by the courts of justice of Brussels.