Terms

TERMS AND CONDITIONS

 

1.DESCRIPTION

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") set out the rights and obligations of the parties in the context of the sale of products/services (hereinafter referred to as the "products/services"), via the website www.landofcollectors.com (hereinafter referred to as the “Site”). The T&Cs govern any sale of products/services through the Site.

1.2 The GTC are entered into between, on the one hand, Valérie Cottyn, Draaibankstraat 7, 2800 Mechelen, hello@landofcollectors.com, affiliated with the vzw UNITED PRODUCTIONS, VAT number BE 0896.755.397, located at Coenraetsstraat 72, 1060 Brussels, Belgium, hereinafter referred to as "the seller", and on the other hand the person placing an order, hereinafter referred to as "the buyer". The Buyer and the Seller are hereinafter jointly referred to as the "Parties".

1.3 Each order presupposes prior consultation and express acceptance of the GTC by the purchaser, without this acceptance being dependent on a handwritten signature from the purchaser. In accordance with the provisions of the law of 9 July 2001 establishing certain rules related to the legal framework for electronic signatures, the approval of the order form is an electronic signature, which has the same value between the parties as a handwritten signature and which counts as proof of the completeness of the order.

1.4 The buyer declares to have full legal capacity.

 

2.THE PRODUCTS/SERVICES OFFERED FOR SALE

The products/services offered for sale are those listed on the site, with a description of their main features, on the day and at the time the buyer consults the site, and while stocks last. The seller uses all reasonable means to display the availability of the products/services in real time on the site and cannot be held liable if a product is no longer available. If one of the products/services ordered is not available, the buyer will be informed and will have the option to change or cancel his order.

 

3. DISPLAYED SALES PRICES OF PRODUCTS/SERVICES

3.1 The price of each product is displayed on the website in euros and includes VAT. This price is valid in the countries for which delivery is possible and does not include the costs of preparation and delivery, which are borne by the buyer, and does not include the deduction of discounts or gift vouchers granted to the buyer. The seller reserves the right to change its prices at any time, but the products/services will be invoiced on the basis of the purchase price valid at the time of the order.


3.2 When ordering, the buyer undertakes to pay, in addition to the purchase price, the costs for preparation and delivery (hereinafter the "costs"). These costs vary depending on the type and quantity of products/services ordered and the chosen mode of delivery, and are inclusive of VAT. The buyer can consult the amount of these charges on the site in his "Shopping Basket", where a calculation of the total amount corresponding to the purchase price is displayed. The seller reserves the right to change the costs at any time, but the costs will be invoiced on the basis of the rates in force at the time of the order, these costs remain due and will not be refunded if the buyer cancels the order.


3.3 The products/services are only delivered in the countries for which the site accepts delivery. Any incorrect delivery address is the buyer's responsibility and may incur additional charges. The indicated delivery times are not binding, but merely indicative. A delay in delivery cannot lead to the payment of compensation to the buyer. The seller has the right to deliver in parts. In the event of non-delivery of the goods, any amounts paid by the buyer will be refunded, without interest or compensation.

 

4. ORDER CONDITIONS

4.1 To place an order, the buyer must complete the order form available on the site, which contains the information necessary to identify him, in particular his surname, first name and the delivery address. The buyer hereby declares that he fully and unreservedly accepts the GTC and undertakes to pay the amount due in full. The seller cannot be held liable for the consequences of providing incorrect information.

4.2 The seller will confirm the order by e-mail including the following information:

  1. the main characteristics of the goods or services ordered;
  2. the seller's identity, including his company number and trade name;
  3. the geographical address of the seller and his telephone number and e-mail address;
  4. the total price of the goods or services, including all taxes and all additional freight, delivery and any other charges;
  5. the method of payment, delivery and performance and the period within which the company undertakes to deliver the goods or provide the services;
  6. the seller's complaint handling policy;
  7. the conditions, term and modalities for exercising the right of withdrawal;
  8. the cases in which the buyer has no right of withdrawal, as stipulated in art. 7 of the AV;
  9. the existence of a guarantee of conformity of the goods for a period of one year, as stipulated in articles 1649bis to 1649g of the Civil Code, and of a guarantee against hidden defects, as stipulated in articles 1641 to 1649 of the Civil Code, and in Article 10 of the GTC;
  10. the possibility of using the online dispute resolution platform to find an amicable solution.

The data recorded by the seller and the order confirmation constitute proof of the contractual relations between the parties.

4.3 The seller reserves the right to refuse or cancel an order or delivery in case of an existing dispute with the buyer, an incomplete payment of a previous order, refusal of credit card payment by banking institutions or for any other valid reason . In this case, the seller cannot be held liable under any circumstances.

 

5. PAYMENT TERMS

5.1 Payment for the purchases must be made via a credit card of the type Visa or MasterCard, or via a bank card of the types "Maestro" and "Bancontact - Mistercash", or via a Paypal account.

5.2 The ordered products remain the property of the seller until the purchase price and the costs specified in the order have been paid in full.

 

6. DELIVERIES

6.1 Delivery is made by the seller in Europe. Any taxes and import duties are the responsibility of the buyer.

6.2 The order will be delivered to the address specified by the buyer.

6.3 For a delivery in Belgium, the seller will make every effort to ensure that the order is sent to the delivery address within a period of 30 working days after confirmation of the order and receipt of payment. The delivery person will visit this address between 08:00 and 18:00 on working days, and hand over the package or packages to the addressee or to another person present at the specified address. In case of absence, a notice will be left at the delivery address. The buyer must then contact the delivery person to arrange a new delivery date to the same address, or a new delivery date to a different address, or a collection at the nearest post office. Otherwise, the order will be automatically returned to the seller within 15 days of notification by the delivery person or if the buyer is absent for the new delivery, who will contact the buyer to schedule a new delivery of the order. In this case, additional shipping costs may be invoiced to the buyer.

6.4 For a delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within a period of 45 days for the European Union and 60 days for countries outside the European Union, after confirmation of the order. The delivery terms are determined by the postal services of the country concerned.

6.5 If the buyer has chosen the delivery person, the buyer bears the risk as soon as the ordered products have been handed over to the delivery person. The control system used by the company delivering the package provides proof of posting.

6.6 Upon receipt, it is the buyer's responsibility to check the ordered goods and to make any reservations and to make a complaint or to refuse the package if the package has been opened or if it shows obvious signs of damage. If there are complaints after receipt of an order, they must be reported to hello@landofcollectors.com , subject “complaint delivery”, with photos in support, within 48 hours of receipt of the order.

 

7. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS

7.1 The buyer has the right to cancel the purchase, without payment of a fine and without giving reasons, within fourteen (14) calendar days after delivery, in accordance with the Belgian Code of Economic Law.

Within this period, the buyer must inform the seller of his intention to exercise his right of withdrawal in the following way:

e-mail to hello@landocollectors.com , stating the name and first name of the buyer, a detailed description of the item in question, the number of the item and the date of the invoice or using the form on the site of the FPS Economy.

7.2 The goods must be returned to the address stated on the package, unless otherwise stated to the buyer, who must retain proof of postage.

7.3 If the buyer wishes to exchange the goods, he must state this in the e-mail. The seller will then inform him of the availability of the item and of the surcharge or partial refund to be paid.

7.4 All costs and risks associated with the return of goods are borne by the buyer.

7.5 If the buyer makes use of his right of withdrawal and returns the goods no later than fourteen (14) days after notification of his decision to withdraw in accordance with the conditions agreed in the previous paragraphs, the seller undertakes to refund the purchase price to the buyer after receipt of the goods to be refunded by the seller.

7.6 In the case of a refund of returned products/services, the seller will credit the credit card used for the payment of these products/services with an amount equal to their purchase price less the amount of the gift cards or discounts at the order. The buyer's refund will be made according to the terms agreed with the bank that issued the card.

7.7 The buyer cannot make use of his right of withdrawal if the goods have been used or damaged, or if parts are interrupted or the labels have been removed.

 7.8 The products must be returned in good condition, well protected, in the original packaging, in perfect resale condition, accompanied by any accessories, the manual, etc. Otherwise, they cannot be taken back or exchanged.

7.9 Customized or personalized products or services cannot be taken back or exchanged.

7.10 The returned products that cannot be accepted by the seller remain available to the buyer. The buyer is obliged to pay the price thereof. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.

7.11 The seller states on its site the conditions, the terms and the modalities for exercising the right of withdrawal and the model form to exercise that right.

 

8. PROTECTION OF THE PRIVACY OF BUYERS' PERSONAL DATA

8.1 The seller collects personal data about the buyers, which are provided to him on the site or by e-mail. He undertakes not to disclose this data to third parties. These are confidential. They will only be used by its internal services for order processing, to improve and personalize communications, in particular for sending newsletters and in the context of personalizing the site according to buyers' preferences, or for checking their creditworthiness.

8.2 The seller does not sell or rent the information about the buyers to third parties. In the event of transfer to or use of personal data by third parties, the seller undertakes to inform the buyer in advance so that he can object to this. The seller may also provide third parties with statistics about its buyers, sales, trading patterns and information on its site, but these statistics will not contain any personal information. However, this article cannot prevent the transfer of activities to a third party.

8.3 The seller does not store the personal data longer than necessary to achieve the purposes for which the processing is carried out. To determine the appropriate duration, the amount, nature and sensitivity of the personal data, the purposes for which the data are processed and the possibility of achieving these purposes through other means are taken into account. The need to comply with all legal and regulatory obligations is also taken into account. If the data is no longer needed, it will be destroyed.

8.4 Insofar as the legal conditions are met, the buyer has the right:

— ask the seller if he has any personal data, what data and what it is used for;

— access its data and possibly have it corrected;

— demand that its data be erased or that the seller restrict its processing;

— file a complaint with the Data Protection Authority.

The buyer can exercise his rights by sending a dated and signed request to Draaibankstraat 7, 2800 Mechelen or to hello@landofcollectors.com , with a copy of his identity card (for security reasons). If the request is manifestly unfounded, the request may be refused and a reasonable fee may be charged.

 

9. LIABILITY

The seller only assumes an obligation of means for access to the site, the order, the delivery and possible subsequent services. The seller cannot be held liable for inconveniences or damage resulting from the use of the Internet, such as an interruption of the service, an external intrusion or the presence of computer viruses, or any other case of force majeure. In any case, the seller's liability is limited to the amounts paid or payable for the order giving rise to his liability.

 

10. WARRANTY OF CONFORMITY

The products/services are covered by the legal guarantee of conformity, as stipulated in articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects, as stipulated in articles 1641 to 1649 of the Civil Code. Among other things, the buyer has the right to demand from the seller the repair or free replacement of products/services that show a lack of conformity, during two years (one year for second-hand goods) from delivery, provided that the claim is made within the two months after the discovery of the defect is submitted. If the buyer discovers the defect within the first six months, the seller is liable, unless he can prove that the defect is due to misuse by the buyer. If the buyer later discovers the defect, the seller may ask him to prove that the defect already existed at the time of delivery.

 

11. INTELLECTUAL PROPERTY

The content of the site and the underlying technology may be protected by copyright, trademark or other intellectual property law. The buyer may place a simple link to the seller's site on his own site. However, hyperlinks using framing, in-line or deep linking are not allowed. In any case, any link must be removed at the simple request of the seller.

 

12.CONTACTING THE SELLER

The buyer can contact the seller via the contact form in the “Contact” section or via the email address hello@landofcollectors.com

 

13. NULLITY AND INTERALITY

If one or more provisions of the GTC should be invalid, this will not affect the validity of the other provisions.

 

14.EVIDENCE

The informed records, kept in the computer systems of the seller and its partners, are accepted as proof of the communication, the orders and the payments between the parties. In the context of their relationships, the parties accept electronic means of evidence, such as e-mails and backups.

 

15.CHANGES

The seller reserves the right to change the GTC and will communicate the new version to the buyer via the site.

 

16. APPLICABLE LAW AND COURTS OF COMPETENCE

Belgian law applies. In the event of a dispute, an amicable settlement will be sought before legal action is taken. The seller and the buyer can also use the online dispute resolution platform. In the absence of an amicable settlement, the courts of the district of Antwerp are competent.