Article 1 Definitions
1.1 We/us: BV PARTYSPACE, company registered with the KBO under number 0830.189.643, with its registered office at 8980 Zonnebeke, Potteriestraat 67.
1.2 You: A customer who registers on the Website.
1.3 Customer Consumer: You are a natural person who trades with us for purposes that are primarily outside your trade, business, craft or profession.
1.4 Website/Webshop: www.partyspace.eu
1.5 Registration: The registration on our Website in accordance with the registration procedure referred to in article 3.
1.6 Products: The Products that we offer for sale through our Webshop.
1.7 Purchase: Any purchase of our Products through the Webshop.
Article 2 Applicability
2.1 These Terms and Conditions Webshop apply to our relationship as from the Registration. Through the Registration you confirm that you are aware of and agree to these Terms and Conditions.
2.2 We have the right to change these Terms and Conditions periodically and will notify you prior to any change via the Website and/or by e-mail. You will then be deemed to accept these changes at the time of your first Purchase following such notification.
Article 3 Registration
3.1 In order to be able to purchase Products via the Webshop, You must register in advance. The Registration procedure is explained in more detail on the Website. You may only register once and will receive unique login data, which makes you personally and exclusively liable. You will indemnify us against all damages resulting from the loss and/or use of these unique login data by third parties.
3.2 You confirm that during the Registration You provide us with current, complete and correct personal data, You commit to inform us in writing of any changes prior to each Purchase and You shall indemnify us against all damages that may result from the communication of incorrect, non-up-to-date and/or incomplete details, or from the lack of communication of any changes.
Article 4 Offer
4.1 If we show a model, sample or example through the Webshop, this is only by way of illustration. The Products may deviate from the model, sample or example.
Article 5 Prices
5.1 Prices are always considered to be quoted in EURO (including VAT).
Article 6 Purchase and right of withdrawal
6.1. As a Customer Consumer You have the right to revoke the Purchase free of charge within a period of 14 days after the actual delivery of the Products, without giving reasons. The revocation instructions and the model revocation form can be found via this link (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf).
6.2. The costs of any return by post or courier shall be borne by the Customer.
Article 7 Delivery
7.1 As a Client Consumer, You are entitled to a delivery no later than 30 days after the conclusion of the Purchase, or in the event of failure to do so, at least within an additional term indicated by You in writing, which is reasonable in view of the concrete circumstances. If we are also unable to deliver within this additional period, You may cancel the Purchase, without being liable for compensation.
7.2 Delivery of the Products will take place via a transport of the Products arranged by us at your expense and risk.
Article 8 Payment
8.1 Payment for Products is made online at the time of Purchase. We cannot be held liable for any damages resulting from the use of online means of payment, except in the case of our wilful misconduct or fraud.
Article 9 Retention of title
9.1 You will not acquire title to the Products until we have received full payment of the Purchase Price.
Article 10 Complaints
10.1 You must notify us by registered letter of any visible defects in the Products under penalty of expiry, and in any event prior to any commissioning, modification or transformation, within a period of 3 working days following delivery. You must notify us by registered letter within 3 working days following the day on which you discovered or should reasonably have discovered the latent defect, under penalty of expiry. In order for the complaint to be admissible, it must also be motivated by the Customer and communicated by registered letter, and the objections must also appear on the delivery note to be signed by the Customer at the time of delivery.
10.2. As a Customer Consumer, you can also submit a complaint via the European online dispute resolution platform (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).
Article 11 Warranty
11.1 We grant You as Customer Consumer a guarantee for latent defects in the Products for a period of two years. After expiry of this period, we no longer owe any indemnity for latent defects in the Products. Working hours and travel costs are always at the expense of the Customer.
11.2 The guarantee referred to in article 11.1 does not apply in the event of improper installation, improper use and/or faulty maintenance of the Products, in the event of modification or repair of the Products by the Customer and/or third parties, or for damage caused by anything else than a defect in the Products. Improper installation or use includes, among other things, installation or use in violation of the relevant and applicable installation and/or usage terms.
Article 12 Liability
12.1 We cannot be held liable for damage caused by You or by third parties or as a result of the circumstances referred to in article 11.2.
Article 13 Force Majeure
13.1 If a force majeure situation makes the execution of the Purchase impossible or more difficult, costly and/or time consuming than foreseen at the time of the Purchase, we shall be entitled to suspend the execution of this Purchase for the duration of the force majeure situation. If this force majeure situation lasts longer than 30 days, both we and You are entitled to terminate the Purchase ipso jure,without prior notice of default and with immediate effect, without any compensation. The Purchase Price will be refunded to you in full, where applicable.
13.2 A force majeure situation is understood to include: any act or omission of You or a third party; non-delivery, late delivery or defective delivery of products or raw materials by one or more suppliers or carriers; electrical breakdown or disconnection; legislative or administrative measures by the government, including import and export bans; strikes and trade union actions; technical problems relating to the Webshop, the website or our sales organisation in general; fire, water nuisance or accidents in our company.
Article 14 Suspension and termination
14.1 We reserve the right, at all times and without prior notice of default, to suspend the obligations towards you if you do not, do not timely or do not fully comply with your obligations under these general terms and conditions. If necessary, we may also choose to dissolve the Purchase ipso jure, without prior notice of default and with immediate effect, notwithstanding our right to full compensation for the damages suffered by us.
Article 15 Intellectual property
15.1 We are the exclusive owner and/or legitimate licensee of all intellectual property rights relating to the (content of the) Website and the Webshop. You will indemnify us against all damage that will result from any infringement of these intellectual property rights.
Article 16 Privacy
16.2 We strictly comply with European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"). You agree that we collect and process your personal data for commercial purposes, in particular in the context of the management, financing and recovery of debts, as well as marketing and promotion. These data may be used by us as well as by the other affiliated companies or subcontractors, who will at all times provide appropriate guarantees in terms of personal data protection, for the purposes of commercial prospection, analysis and research, guarantee schemes of Products, as well as for the maintenance and management of the website. The data will be kept throughout the lifetime of the commercial relationship and, if necessary, also thereafter, in order to allow us to comply with our legal obligations. You have a right of access, rectification and deletion of your data, as well as a right to object to the processing of your data based on a legitimate interest. You also have the right to object, free of charge and without justification, to the use of your data for reasons of direct marketing. To exercise these rights, you must send a signed and dated request, accompanied by a recto/verso copy of your identity card or a legal representative, to the registered office of BV PARTYSPACE.
Article 17 Residual provisions
17.1 Except insofar and to the extent contrary to mandatory law, in the event of a dispute, the data automatically recorded by our soft and hardware systems, as well as the paper printout of such data, shall apply until proven otherwise.
17.2 Our relationship is exclusively governed by Belgian law. Any disputes between us shall be handled exclusively by the courts of West Flanders, Ypres division.