General terms and conditions of sale effective from April 2015 – CALIDA Belgium online shop

CALIDA SA, Industrie Münigen, 6210 Sursee, Switzerland, tel: +41 (0)41 925 45 25, email: info@calida.com, capital of CHF 10,000,000, commercial register number CHE-106.006.786, VAT number BE 0476 685 714, hereafter referred to as ‘CALIDA’.

 

1) Scope of application

Only consumers residing and possessing a delivery address in Belgium may place orders on the ‘Belgium’ website. Sales are made only in quantities that correspond to domestic use.

The current CALIDA general terms and conditions of sale are applicable exclusively to all orders made on the CALIDA Belgian online shop, accessible at the following address: www.calida.com.

Clients who wish to order for business purposes as part of their industrial or independent activities are requested to contact the service provider by email (info@calida.com).

 

2) Contract procedure

The procedure for placing an order in Belgium is available in French and English, and includes the following steps:

  • First, select the desired merchandise and click the ‘Add to basket’ button to place the item in your basket. You may view the basket content with no obligation to purchase.
  • Second, you may register or connect to our website using your user identification and password in order to check and verify the personal billing and delivery information stored in your client account. You may also order as a ‘guest’, in which case no online client account will be created.
  • Third, select the payment method and confirm the delivery method.
  • Fourth, you may verify the details of your order again before submitting it and, if necessary, correct any errors by clicking on ‘Edit data’.
  • After placing your order, you will receive a printable order confirmation by email.
  • Placement of your order indicates an offer by you to purchase the products listed in your order. Our company reserves the right to accept or refuse your offer. The automated email order confirmation does not constitute acceptance of your order by our company; it simply notifies you that we have received your request. If you do not receive further notice on our part within six working days, your order is considered accepted by our company.

 

3) Shipment and delivery fees

You will be informed of the shipment conditions and fees relating to your order before validation of your order.

If in spite of our best efforts, we cannot fulfil your order following its finalisation, we will notify you as soon as possible and refund your payment in full.

 

4) Delivery periods

Except where a different delivery period is specified in the order confirmation, the products ordered will be delivered within a maximum period of 30 days from the contract agreement. If you do not receive the merchandise within the agreed period, please contact us as soon as possible to inform us that you have not received it. In this case, we reserve a reasonable additional delivery period for the consignment.

 

5) Prices and payment methods

The applicable prices are displayed in euros and are as indicated when you place your order on the website. If it appears that the price indicated on the website is erroneous and that the error is such that a sensible consumer should have noticed it, CALIDA reserves the right to refuse the order.

The prices shown include the statutory VAT applicable at the time of placement of the order.

Payment of merchandise can be effected by PayPal or credit card (Mastercard or Visa). We invoice the payment amount on receipt of the order.

 

6) Registration of contractual information

Information relating to your order is stored by our services. You receive information relating to your order after its submission in the email confirmation of your order. If you have a client account, you may also check your order information at any time via your user account.

However, on our website you may view and print only the general terms and conditions of sale currently in force. If you would like to consult earlier versions of our general terms and conditions of sale, you may request them in writing by sending an email to the following address: contact@calida.com.

 

7) Reservation of ownership

The merchandise remains the property of CALIDA until settlement of payment in full.

 

8) Information about right of withdrawal

You have the right to withdraw from the current contract without providing a reason within 14 days.

This withdrawal period expires 14 days after the date that you – or a third party designated by you, other than the carrier – take(s) physical possession of the merchandise.

If your order includes several items delivered in several consignments, the withdrawal period expires 14 days after the date that you – or a third party designated by you, other than the carrier – take(s) physical possession of the last item delivered.

If your order relates to a regular delivery of merchandise over a determined period of time, the withdrawal period expires 14 days after the date that you – or a third party designated by you, other than the carrier – take(s) physical possession of the first item delivered.

To exercise your right of withdrawal, you must notify us (CALIDA, Industrie Münigen, 6210 Sursee, Switzerland) of your decision to withdraw from the current contract by means of an unambiguous declaration (for example, letter sent by post, fax or email). This decision can be sent:

by post to the following address:

   Handelsvertretung CDH Dieter Berndt

   CALIDA Online Shop Rücksendungen                                                     

   Strasse der Einheit 63

   14547 Beelitz, Germany

by email to the following address:contact@calida.com

You may use the withdrawal form provided, but this is not obligatory.

In order for your withdrawal to be effective, you must send the declaration of withdrawal before expiration of the withdrawal period.

Consequences of withdrawal

In cases where you withdraw from the current contract, we reimburse in full all payments you have settled, including delivery fees (with the exception of additional fees resulting from, if applicable, a delivery method different from the least expensive method of standard delivery that we offer), without excessive delay and, in any case, within 14 days from the date that we receive notification of your decision to withdraw from the current contract. We will reimburse you using the same payment method that you used for the initial transaction, unless another method is expressly agreed. In any event, reimbursement will not result in any costs for you.

We may withhold reimbursement until we have received the returned merchandise or until you have provided evidence of shipment, whichever is the earliest of these facts.

 You must send or bring the merchandise to the following address:

   Handelsvertretung CDH Dieter Berndt

   CALIDA Online Shop Rücksendungen

   Strasse der Einheit 63

   14547 Beelitz, Germany

The return must be made without excessive delay and, in any case, within 14 days of your notification of withdrawal from the current contract. This deadline is met if the merchandise is returned before expiration of the 14-day period.

If you use the return labels provided by CALIDA (please follow the instructions on the return form), the return fees will be borne by CALIDA. If you do not use these labels, you must directly settle the return fees.

You are responsible only for depreciation of the merchandise resulting from any handling beyond what is necessary to establish the nature, characteristics and functioning of the merchandise.

  

9) Guarantee

 Legal compliance guarantee

In accordance with Arts. 1649bis to 1649octies of the Civil Code, you benefit from the legal compliance guarantee on products purchased on our website for two years from product delivery.

A compliant product is defined as being suitable for the habitual use expected from such a product, corresponding with the description provided on our website or possessing the characteristics that a buyer can legitimately expect from it, in light of the public declarations made by the vendor, manufacturer or product representative, particularly through advertisement or labelling.

Please note that colour reproduction depends on the screen and the photo technique. Colour variations therefore do not constitute a flaw.

If you notice a flaw in the compliance of a product purchased on the CALIDA website, you may notify us at the following address: kundendienst@calida.com. We will then inform you of the procedure to return the merchandise.

If a compliance flaw is established, we will repair or replace the product in accordance with Art. 1649quinquies of the Civil Code.

If repair or exchange of the merchandise is impossible, we will offer you a total or partial refund depending on the circumstances.

If a compliance flaw is established, the product return fees are borne by CALIDA.

Latent defect guarantee

In accordance with the provisions of Arts. 1641 to 1649 of the Civil Code, you also benefit from a guarantee against any latent defect of the product purchased that render it unsuitable for the use for which it is intended or that reduce its utility to the point that the buyer would not have purchased it, or would have purchased it at a lower price, if the buyer had been aware of such defects.

If a latent defect is established, you may return the product and receive a full refund or keep the product and receive a partial refund.

Proceedings to rectify a latent defect must be brought by the purchaser as soon as possible from the discovery of such a defect.

 

10) Applicable law

Belgian law is applicable to the exclusion of any other, including the United Nations Convention on Contracts for the International Sale of Goods.

 

11) Service provider:

CALIDA AG
Industrie Münigen
6210 Sursee
Switzerland

Tel: +41 (0)41 925 45 25 Mon – Fri: 9 am – 5:30 pm

Fax: +41 (0)41 925 46 56

Email: contact@calida.com

 

12) Withdrawal form:

(Please complete and send us the form only if you wish to withdraw from the contract)

For the attention of: Handelsvertretung CDH Dieter Berndt, CALIDA Online Shop Rücksendungen, Strasse der Einheit 63, 14547 Beelitz, Germany, in the name of CALIDA AG, CALIDA Onlineshop, Postfach, 6210 Sursee, Switzerland (contact@calida.com):

I/We (*) hereby inform you of my/our (*) withdrawal of the contract relating to the sale of the merchandise below

Order placed on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notified of this form on paper)

Date

(*) Cross out inapplicable term.

 

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