General terms and conditions:
1. Points of interest
1.1 Shipment by carrier
Shipping is at the responsibility of the consumer. Any damage arising from the transportation of the delivered goods must be noted on the carrier's delivery note upon delivery.
We are not responsible for delivery delays.
The consumer cannot claim compensation if the goods are not delivered by the carrier within a reasonable time.
Right of withdrawal on products:
The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.
1.2 Closed circuit components - liability
Certain parts supplied are for closed-circuit use only. The entrepreneur cannot be held liable if these parts are used on public roads.
1.3 Exception : shipping
Large shipment such as mopeds, scooters, motorcycles are delivered the Tuesday or Thursday, this always in consultation with the customer. These are delivered by our private driver. Delivery of vehicles is free of charge all over Belgium and there is no extra charge.
The price is calculated on the distance to be traveled.
If there is a destination that is too far that our private driver cannot cover it then there may be an additional charge. For these destinations an external transport service will be used.
1.4 Exchanges
Exchange by return is possible, after prior written statement of the reasons for the exchange, by returning the package to West Import BVBA, Stasegemsesteenweg 1 GIK 8500 Kortrijk.
The shipping costs are borne by the consumer as well as the new shipping costs that will be incurred for resending the exchanged parts.
2. General conditions
2.1 Terms and definitions
In these terms and conditions, the following definitions shall apply:
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
2.2 Application
These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
The consumer is informed that the general conditions can always be consulted on the official site of West Import bvba.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
A contract can only be concluded with a consumer who is 18 years of age or older.
2.3 The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the offer of products or services include VAT.
2.4 Entrepreneur's rights and obligations
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. The costs of any return shipment will be borne by the entrepreneur.
Any unpaid invoice shall accrue interest at the rate of 1% per month or 12% per year from the due date, automatically and without notice. The debt will also be increased by a penalty of 10% of the invoice amount, with a minimum of EUR 125.00.
Bij de bestelling van een voertuig vragen wij steeds een borg. Deze borg wordt niet terugbetaald indien u beslist de bestelling te annuleren. De reden hiervoor is dat er bij elke bestelling reeds startklaarkosten voor ons ontstaan: het voertuig wordt ingepland in onze werkplaats, voorbereid, nagekeken en in sommige gevallen reeds administratief verwerkt (zoals aanvraag van documenten of reservering van onderdelen).
Deze voorbereidende handelingen brengen voor ons onvermijdelijk tijd en kosten met zich mee. Om die reden kunnen wij de betaalde borg niet terugstorten.
The Contractor is entitled to unilaterally cancel the contract or postpone the delivery date without any compensation in the event of force majeure. Force majeure is considered to include fire, war, water damage, riots, lack of transport, strikes, illness, government interventions, supply difficulties, and the like. Even when this force majeure occurs with our suppliers.
The company offers a warranty on repairs for one year from the date of purchase under the condition that the buyer returns the product to the company at his own expense so that the appropriate repair can be carried out there. The buyer must pick up the product again at his own expense.
This warranty does not apply if
§ The consumer is in default towards the entrepreneur;
§ The consumer has repaired and/or modified the delivered items himself;
§ The delivered items are exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of the entrepreneur.
2.5 Consumer rights and obligations
The consumer may terminate an agreement entered into for an indefinite period of time at any time subject to agreed termination rules and one month's notice.
An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.
Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days of receiving the goods. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products, the entrepreneur requires an advance payment of 50% of the total price. Where advance payment is stipulated, the consumer may not assert any rights regarding the implementation of the order or service(s) in question before the stipulated advance payment has taken place.
If the consumer does not pick up his product at the agreed time either after repair or after sale, he will owe an amount of 5 EUR per day by way of storage fee.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
2.7 Applicable law - courts
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Belgian law applies. The courts located in the district of Kortrijk have exclusive jurisdiction.