1. Scope and Definitions
a) These General Terms and Conditions establish the contractual basis between the operator of the website www.flandriengallery.com (hereinafter referred to as the “website”) and individuals (hereinafter referred to as “you”).
b) The operator of the website and your contractual partner is Flandrien Bicycle Gallery, Hollebeekstraat 6, 9661 Brakel, Belgium (hereinafter referred to as “we” or “us”).
c) Any contractual provisions presented by the user will not become part of the contract unless we explicitly agree to them.
2. Contract Formation
a) The offers on the website are non-binding. All offers are subject to availability unless stated otherwise in the product information. Errors are reserved.
b) Customers can choose items via the shopping cart and submit their order using the “place order” button. After placing the order, you will receive an email acknowledging that we have received your order. This acknowledgment, or any prepayment, does not signify acceptance of your order. Your order is considered an offer to us to purchase one or more items.
c) A purchase contract is formed when the goods are shipped, and you receive a shipping confirmation via email. Shipping and contract acceptance can take place within two business days of receiving your order.
3. Retention of Title
All goods remain our property until fully paid for.
4. Prices, Shipping, and Delivery Restrictions
a) All prices are in Euros and include Belgian Value-Added Tax (if applicable).
b) You will be informed of the shipping costs prior to submitting your order.
c) Information about delivery areas and any delivery restrictions will be provided on a separate page before the order process begins.
5. Payment Terms
a) Payment is made using the available payment methods listed on the website.
b) If payment is made by credit card, the card will be charged immediately after the order is completed. Otherwise, payment of the purchase price is due 14 days after receiving the invoice. If the payment date is determined by the calendar, you will be in default if the deadline is missed. If payment in advance has been agreed, it is due immediately upon contract formation.
6. Warranty and Guarantee
Flandrien Bicycle Gallery provides warranty according to Belgian law, ensuring that goods are free from quality or title defects at the time of the contract. Warranties are 24 months for new goods and 12 months for used goods.
To make a warranty claim, you must provide proof of purchase with an invoice. The defective item must be returned to Flandrien Bicycle Gallery along with the invoice. We will either repair the defect or replace the item at your discretion. However, we may choose a different method if the selected remedy is disproportionately expensive and an alternative does not disadvantage you. We are entitled to attempt to fix the defect twice within three weeks of notification.
If these attempts fail, you may request a price reduction or cancel the contract, though minor defects exclude cancellation. For warranty purposes, you must inspect the goods immediately and notify us of any transport damage or visible defects within one week of delivery.
The warranty does not cover normal wear. If Flandrien Bicycle Gallery’s care instructions are ignored, changes are made to the goods, incorrect parts are installed, or substandard care products are used, the warranty becomes invalid.
Flandrien Bicycle Gallery does not provide guarantees (defined as ensuring goods or parts function for a specific period). A legal guarantee will only be granted where explicitly stated in writing.
7. Liability
We are not liable for damages resulting from improper use of the goods unless there is proven negligence. The burden of proof for negligence lies with the customer.
8. Online Dispute Resolution
The EU Commission provides a platform for resolving disputes out of court, offering consumers an opportunity to resolve disputes related to their online orders. The platform can be accessed at: http://ec.europa.eu/consumers/odr/
9. Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without providing a reason.
The withdrawal period expires 14 days after the contract is concluded.
To exercise your right of withdrawal, you must inform us (Flandrien Bicycle Gallery via Email: info@flandrienhotel.com).
To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period expires.
10. Effects of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (excluding additional costs from choosing a more expensive delivery option), without undue delay and no later than 14 days after we receive notice of your withdrawal. The refund will be made using the same payment method unless expressly agreed otherwise. You will not incur any fees for the refund. We may withhold the refund until we have received the goods back or you have provided proof of return, whichever occurs first.
You must send the goods back to us or hand them over without undue delay and no later than 14 days after notifying us of your withdrawal. The deadline is met if you send the goods before the 14-day period expires.
You will bear the cost of returning the goods. You are only responsible for any diminished value due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. For return shipping, you must use a DDP (Delivery Duty Paid) shipping method.
11. Data Privacy
a) We process your personal data in accordance with the GDPR and BDSG for specific purposes.
b) We collect and process personal data such as name, email address, and other contact information only when voluntarily provided by you. This data is used solely for the purposes outlined on our website, including communication and improving user experience, in full compliance with the GDPR and BDSG.
c) Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Upon request or once data is no longer needed, we ensure its secure deletion or anonymization, in line with GDPR and BDSG regulations.
d) We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized access, alteration, disclosure, or destruction. All data handling is performed in accordance with the GDPR’s and BDSG’s data security requirements.
e) You have the right to access, rectify, or delete your personal data at any time. You can also request the restriction of processing or object to data processing. If you believe your rights are being violated, you have the right to lodge a complaint with a supervisory authority in accordance with GDPR and BDSG.
12. Final Provisions
a) This contract is governed by the laws of Belgium, excluding the UN CISG, unless mandatory regulations apply otherwise.
b) The contractual language is English, provided no mandatory regulations dictate otherwise.
c) You can view and print the current terms and conditions on the website. We do not store the text of the contract.
d) Brussels (Belgium) is agreed as the place of jurisdiction and performance.
