TERMS & CONDITIONS
Marnixstraat 16 / 8
Article 1: General provisions
The e-commerce site of Pompola with registered office at Marnixstraat 16 / 8, 2060 Antwerpen, VAT BE 0732.636.545, offers its customers the possibility to purchase the products online from the web shop. The present General Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the Pompola web shop, the Customer must explicitly accept the present Terms and Conditions. He hereby agrees to the applicability of the present Terms and Conditions, to the exclusion of any other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been explicitly accepted in writing and in advance by Pompola.
Article 2: Price
All prices mentioned are expressed in euros and always include VAT and all other taxes to be paid by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately. Additional postage costs may be charged for shipments to countries outside Belgium. The prices indicated exclusively relate to the items as literally described. Accompanying pictures are used by way of illustration only and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website were created with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Pompola. In terms of accuracy and completeness of the information provided, Pompola is only bound by a best effort obligation. Pompola can in no case be held liable for obvious material, typesetting or printing errors. If the Customer has specific questions about e.g. dimensions, colour, availability, period or method of delivery, we request the Customer to contact Pompola in advance. The offer is valid subject to availability of the product and can be changed or revoked by Pompola at any time. Pompola cannot be held liable for the unavailability of a product. If an offer is of limited duration or subject to conditions, this is explicitly mentioned in the offer.
Article 4: Online purchases
The Customer completes the online reservation form with his address and invoicing data.
The Customer can choose between the following methods of payment:
by credit / debit card
by Bancontact (Stripe)
Pompola is entitled to refuse an order due to serious non-performance by the Customer with respect to orders the Customer is involved in.
Article 5: Delivery and performance of the contract
Items ordered through this web shop are delivered to Belgium, the Netherlands, Luxembourg, France, Germany, Denmark and the United Kingdom. Deliveries within a radius of 5 km from Park Spoor Noord (Antwerp) will be delivered by Pompola, unless requested otherwise. Delivery to the rest of Belgium takes place by means of shipment through Bpost. Postage costs are charged to the costumer. Unless agreed or explicitly determined otherwise, the goods are delivered to the address of the Customer within 30 days after receipt of the order and the payment. Any visible damage and/or qualitative deficiency of an item or other defect upon delivery should be reported immediately (and within 14 days) to Pompola by the Customer. The risk of loss or damage shall pass to the Customer at the moment in which he (or a third party other than the carrier and indicated by the Customer) has acquired material possession of the goods. However, the risk shall pass to the Customer upon delivery to the carrier, if the carrier is commissioned to carry the goods by the Customer and that choice was not offered by Pompola.
Article 6: Retention of title
The supplied goods remain the exclusive property of Pompola until fully paid by the Customer. The Customer undertakes to inform third parties of the retention of title on the part of Pompola, e.g. anyone who would come to attach the items which have not been paid in full.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase goods online from Pompola in their capacity as consumers. The Customer is entitled to withdraw from the agreement within a period of 14 calendar days without indication of reasons. The right of withdrawal ends 14 calendar days after the day on which the Customer or a third party other than the carrier and designated by the Customer acquires material possession of the goods. In order to exercise the right of withdrawal, the Customer needs to inform Pompola (firstname.lastname@example.org) of his decision to withdraw from the contract, by means of a clear statement (e.g. in writing by post, fax or email). To comply with the withdrawal period, the Customer needs to send the notification of exercise of his withdrawal right before the end of the withdrawal period. The Customer shall return or hand over the goods to Pompola immediately, or, in any case, not later than 14 calendar days after the day on which his decision to withdraw from the contract was notified to Pompola. The Customer is on time if he returns the goods before the end of the period of 14 calendar days. The direct costs of returning the goods are charged to the Customer. If there is, in any way, a decrease in the value of the returned product, Pompola reserves the right to hold the Customer liable and claim damages for any decrease in value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and of the goods. Only returns of items that are in their original packaging, together with all accessories and an invoice or proof of purchase will be accepted. If the Customer withdraws from the agreement, Pompola will reimburse all payments received from the Customer up to that moment, including standard costs of delivery, to the Customer within 14 calendar days after Pompola has been informed of the decision of the Customer to withdraw from the contract. In case of sales contracts, Pompola may decide to withhold reimbursement until they receive all returned goods, or until the Customer proves that he returned the goods, whichever occurs first. Any additional costs resulting from the Customer's choice for a method of delivery other than the cheapest standard delivery offered by Pompola will not be reimbursed. Pompola will reimburse the Customer using the same method of payment the Customer used for the initial transaction, unless the Customer explicitly agreed otherwise; in any case, no costs will be charged to the Customer for such reimbursement.
Article 8: Warranty
Pursuant to the Act of 21 September 2004 on the protection of the consumers, those consumers have certain legal rights when purchasing consumer goods. This legal warranty is valid as from the date of delivery to the first owner. Any commercial warranty does not affect these rights. In order to make a warranty claim, the Customer must be able to submit proof of purchase. Customers are recommended to keep the original packaging of the goods. For items purchased online and delivered to the Customer’s home, the Customer must contact Pompola and return the item to Pompola at his own expense. If a defect is discovered, the Customer must inform Pompola as soon as possible. In any case, defects should be notified by the Customer within a period of two months after its discovery. After this period, there is no further entitlement to repairs or replacement. The (commercial and/or legal) warranty shall never apply to defects due to accidents, negligence, falls, use of the item for purposes it is not intended for, non-compliance with the user instructions or manual, changes or modifications made to the item, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects, unless the Customer can provide evidence to the contrary.
Article 9: Customer service
Pompola can be reached by email to email@example.com.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights granted to Pompola, the Customer must pay an annual interest of 10% of the unpaid amount in case of non-payment or late payment, by operation of law and without any formal notice of default being required. Furthermore, the Customer has the obligation to pay a fixed compensation, by operation of law and without any formal notice of default being required, equalling 10% of the amount payable, with a minimum of € 25 per invoice. Without prejudice to the foregoing, Pompola reserves the right to take back the items that were not (fully) paid.
Article 11: Privacy
Responsible for processing, Pompola respects the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. The personal data communicated by you will only be used for the following purposes: performance of the agreement entered into, processing of the order, sending of newsletters. You have a legal right to access or correct your personal date. Subject to proof of identity (copy of your identity card) you can receive a written statement of your personal data free of charge by means of a written, dated and signed request to Pompola (by email: firstname.lastname@example.org). If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant. In case of use of data for direct marketing: You have the right to object, free of charge, to any further processing of your data for direct marketing. For this purpose, you can always address Pompola (by email: email@example.com). We shall treat your data as confidential information and will never pass them on, rent or sell them to third parties. Your are is responsible for maintaining the confidentiality of your login data and password. Your password is encoded; therefore, Pompola does not have access to your password. Pompola keeps online (anonymous) visitor statistics to see which pages of the website are visited and with which frequency. If you have any questions concerning this privacy statement, you can contact Pompola at firstname.lastname@example.org.
Article 13: Infringement of validity – non-waiver
If any provision of the present Terms and Conditions is found to be invalid, illegal or void, this will not affect in any way the validity, legality and enforceability of the other provisions. The failure of Pompola to enforce any of the rights listed in the present Terms and Conditions or to exercise any of these rights at any time, will never be regarded as a waiver of these provisions and will never affect the validity of these rights.
Article 14: Changes to the terms and conditions
The present Terms and Conditions are supplemented by other terms and conditions specifically referred to, and by the general terms and conditions of Pompola. In case of contradictions, the present Terms and Conditions shall prevail.
Article 15: Proof
The Customer accepts that electronic communications and backups can serve as proof.
Article 16: Copyright
The supplied products are intellectual property of Ana-Pola Wuytack or Pompola. The Customer shall not modify, copy or resell the artwork.
Article 17: Applicable law - Disputes
The present terms and conditions are governed by Belgian law with the exception of the provisions of international private law regarding applicable law. The courts of the Consumer’s place of residence have jurisdiction in case of legal disputes. The Consumer can also address the ODR platform (http://ec.europa.eu/consumers/odr/).