Statute

Statute

Terms and conditions of the AXBSHOP online store

 

I. Introductory provisions.

1. The online store available at https://AXBSHOP.be/ is operated by the company: AXB construct bv with its registered office at Marcel Kintstraat 22, 8550 Zwevegem, tax number: BE0745.966.325.

2. These Regulations define the general rules for using the Online Store, the terms and conditions for concluding Sales Agreements with the Customer via the Online Store, the rights and obligations of the Seller and the Customer, and the rules for complaint procedures, as well as provisions and information regarding the protection of personal data.

3. When concluding a Sales Agreement via the Online Store, the Customer is obligated to read these Terms and Conditions. Acceptance of these Terms and Conditions occurs by selecting the appropriate option during the ordering process.

4. These Regulations are the regulations referred to in Article 8 Act on the provision of services by electronic means (Journal of Laws of 2020, item 344).

5. The Regulations have been prepared based on applicable legal provisions, in particular:

- Act of 23 April 1964 - Civil Code,

- Act of 18 July 2002 on the provision of services by electronic means,

- Act of 30 May 2014 on consumer rights,

- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

 

II. Definitions.

The descriptions below are not intended to be strict, normative definitions. Their purpose is to clarify some of the concepts used in our Terms and Conditions. For the purposes of these Terms and Conditions, the terms used have the following meanings:

  • Working days - means days of the week from Monday to Friday, excluding public holidays.

  • Delivery - means the actual act of delivering the Goods specified in the Order to the Customer by the Seller, through the Supplier.

  • Supplier - means the courier company with which the Seller cooperates in the delivery of Goods.

  • Password - means a sequence of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

  • Customer - means an entity to which services may be provided electronically in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.

  • Consumer - means a natural person who concludes a Sales Agreement for purposes not directly related to his or her business or professional activity.

  • Customer Account - means a unique panel for each Customer, activated on their behalf by the Seller after the Customer has registered and concluded a Customer Account service agreement. The Customer Account is identified by an individual name (login) and password provided by the Customer and constitutes a set of resources in the Seller's IT system, which collects data provided by the Customer and information about Sales Agreements concluded by the Customer in the Seller's Online Store.

  • Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

  • Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  • Regulations - means these Regulations.

  • Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.

  • Store - AXBSHOP online store available at the electronic address www.AXBSHOP.be, owned by the Seller, through which the sale of Goods is carried out without the simultaneous presence of the Parties, using a telecommunications network.

  • Seller - means: Sebastian Nejman, conducting business activity under the name Sebastian Nejman with its registered office at Rheingrafenstr. 2, 55543 Bad Kreuznach, tax number: 06/121/21382; email: info@AXBSHOP.be, who is also the owner of the Online Store.

  • Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.

  • Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and which allows the reproduction of the stored information in an unchanged form.

  • Sales Agreement - means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.

  • Service Recipient - means a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; or a legal person; or an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.

  • Order - a declaration of will of the Customer aimed directly at concluding a Goods Sales Agreement with the Seller.

III. General conditions.

  • The Store's websites may only be used in accordance with the principles set out in these Regulations.

  • The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.

  • In order to conclude a Sales Agreement in the Online Store via the Store Website and to use the services available on the Store Website, the Customer must have an active e-mail account and an active telephone number.

  • The Sales Agreement between the Customer and the Seller is concluded in accordance with applicable law and the Regulations.

  • Only adults are entitled to make purchases in the Store.

  • Prices listed in the Online Store are in EURO and are net and gross (including applicable VAT). Prices do not include delivery costs.

  • The price list available on the Product's website constitutes an integral part of the Regulations.

  • The Online Store is accessed via an IT system. This requires a device with internet access and a web browser.

  • The content of the Store's website, in particular text, photographs, graphics, audio and video materials, as well as the selection and arrangement of the content presented within the Store, is protected under the Act of 4 February 1994 on Copyright and Related Rights and the Act of 30 June 2000 on Industrial Property Law and is the property of the Seller. All personal and property rights to any elements of the Store are reserved. The Store's website is a work within the meaning of the Copyright Act. The Customer is entitled to use the Store only in the manner specified in the Terms and Conditions.

IV. Registration.

  • In order to create a Customer Account, the Customer is obliged to complete a free Registration.

  • Registration is not necessary to place an Order in the Online Store and conclude a Sales Agreement.

  • To register, the Customer must complete the registration form provided by the Seller on the Store's Website and submit the completed registration form electronically to the Seller by selecting the appropriate function within the registration form. During registration, the Customer sets a unique Password.

  • When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate box in the form.

  • During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller clearly informs the Customer of the purpose of collecting their personal data, as well as any known or anticipated recipients of such data.

  • The Customer's consent to the processing of their personal data for marketing purposes does not condition the conclusion of an agreement with the Seller for the electronic provision of the Customer Account Management service. The Customer may withdraw this consent at any time by submitting an appropriate declaration to the Seller. The declaration may, for example, be sent to the Seller's address via email.

  • After submitting the completed registration form, the Customer will immediately receive confirmation of Registration from the Seller via email to the email address provided in the registration form. At this point, an agreement for the provision of an Electronic Service – the Customer Account Management service – is concluded, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.

  • The Customer acknowledges that the password they create for their Account is confidential and may not be shared with third parties. The Customer may change their Account password at any time by setting a new password after logging in to their Account.

V. Conclusion of the Sales Agreement and its implementation.

  • The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation for Customers to submit offers to conclude a Sales Agreement.

  • In order for the Customer to place an Order, it is not necessary to create an Account in the Online Store.

  • Customers may place orders 24 hours a day, 7 days a week. The Seller reserves the right to impose restrictions on the use of the online store, particularly in the event of technical disruptions.

  • All products offered by the Seller in the Store are new and free from legal defects. The wide range of Products offered by the Seller in the Store is made to individual customer orders, to the dimensions specified by the Customer, and tailored to their needs and individual preferences.

  • Orders can be placed by completing the order form located on the Online Store website. The order form contains the Customer's data necessary to fulfill the order and allows for specifying the terms of the Sales Agreement, selecting additional options, the type and quantity of products purchased, the type of delivery, the payment method, and the delivery location of the ordered goods.

  • A Customer placing an Order via the Store Website completes the Order by selecting the Product(s) they are interested in. Products are added to the Order by selecting the "ADD TO CART" button under the Product(s) presented on the Store Website. After completing the Order and selecting the Delivery and Payment methods in the "CART," the Customer places the Order by sending the Order form to the Seller and selecting the "Order" button on the Store Website.

  • When placing an Order, until the "Order" button is pressed, the Customer can modify the entered data and the Product selection. To do this, the Customer should follow the displayed messages and the information available on the website.

  • Once the Customer using the Online Store has provided all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information regarding:
     -subject of the order,
     - the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
     -selected payment method,
     -selected delivery method and time,

  • In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the appropriate payment method button (order with obligation to pay).

  • The Customer's submission of an Order constitutes a declaration of intent to conclude a Sales Agreement with Sebastian Nejman, in accordance with the Regulations.

  • After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.

  • The Agreement is deemed to have been concluded upon receipt by the Customer of the e-mail message referred to above.

  • The Seller reserves the right to refuse to process orders placed using an incorrectly completed Form.

  • The customer is obliged to provide truthful data and bears legal responsibility for it.

  • The conclusion of the Sales Agreement with the Customer takes place upon placing the Order.

  • The Customer's order paid cash on delivery is fulfilled immediately after the conclusion of the contract, and the order paid by bank transfer or via an electronic payment system after the conclusion of the contract and the Customer's payment is recorded by the Seller.

  • In each case, the Seller reserves the right to verify the order placed and to cancel it in cases where there is justification for doubt as to the reliability of such order.

  • Non-standard orders are always fulfilled after prior agreement on the price and order completion date.

VI. Delivery.

  • Delivery of Goods is limited to the territory of the European Union and takes place to the address indicated by the Customer when placing the Order.

  • Ordered Goods will be delivered via courier or freight forwarding. Additional delivery costs will be indicated at the time of order placement.

  • The delivery time is detailed on the product page. It is calculated from the date of order confirmation to the date of receipt of the shipment by the courier/forwarder or by the customer.

  • On the day the Goods are sent to the Customer (if the option of personal collection of the Goods has not been selected), information confirming the shipment by the Seller is sent to the Customer's e-mail address.

  • Delivery times vary depending on the selected delivery type and pickup location. They are specified during the ordering process. They are calculated from the date the courier/freight forwarder picks up the shipment to the date the first delivery attempt is made.

  • The Seller, in accordance with the Customer's wishes, attaches a receipt or VAT invoice covering the delivered Goods to the shipment. To receive a VAT invoice, the Customer should declare at the time of purchase that they are purchasing the Goods as an Entrepreneur (VAT payer). This declaration is made by checking the appropriate box in the Order form before submitting the Order to the Seller.

  • The Customer is obligated to check the Order for any damage incurred during shipping and, if such damage occurs, to complete a damage report containing the date and time of delivery and a description of the damage. This report is a prerequisite for reviewing any potential complaints.

  • Deliveries are made on weekdays, Monday through Friday. No deliveries are made on weekends or public holidays.

  • The Customer may collect the ordered Goods in person. Collection can be made at the Seller's office on Business Days, during the opening hours indicated on the Store's Website, after prior arrangement of the collection date with the Seller via email or telephone.

VII. Form of Payment.

The customer has the option to pay for the goods placed in the order in the following forms:

  • by transfer to the bank account number in
     BE 62 3632 0028 7761

  • fast transfer payments supported by PayPal,

  • cash on delivery;

  • payments with credit cards Visa, Visa Electron, Mastercard.

 

VIII. Warranty for defects, complaints about the Goods.

  • The basis and scope of the Seller's liability towards the Customer who is a Consumer or an Entrepreneur with Consumer rights, if the Goods sold are inconsistent with the Agreement, are defined by generally applicable laws, in particular the Act of 30 May 2014 on Consumer Rights. The Seller ensures that the Goods are delivered free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).

  • If the Goods are inconsistent with the Sales Agreement, the Customer may:
    - request the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obligated to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the defective Goods into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
    - submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the Goods with defect-free ones or remove the defects. The Customer may, instead of the Seller's proposed removal of the defect, request replacement of the Goods with defect-free ones or, instead of replacement of the Goods, request removal of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed by another method of satisfying their claims are also taken into account. The Customer may not withdraw from the Sales Agreement if the defect is immaterial.

  • A Customer exercising warranty rights is obligated to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer or an Entrepreneur with Consumer rights, the Seller covers the delivery costs.

  • The Seller is liable under the warranty if a physical defect is discovered within two years of the Goods being delivered to the Customer. A claim for removal of the defect or replacement of the Goods with defect-free goods is subject to a one-year limitation period, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to the defect in the Goods. If the Customer requested replacement of the Goods with defect-free goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.

  • Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller's address.

  • The Seller will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer within 14 days from the date of the request containing the complaint.

  • The Seller shall refund to the Consumer or Entrepreneur with the rights of the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of price reduction.

  • The Seller is liable towards Entrepreneurs who do not have the status of Consumers if the Goods have a physical or legal defect (warranty).

  • The basis and scope of the Seller's liability towards Entrepreneurs who do not have the status of a Consumer, if the Goods sold have a physical or legal defect (warranty) are specified in generally applicable legal provisions, in particular in the Civil Code.

  • A complaint may be submitted, for example, in writing to the Seller's address: AXBSHOP Marcel Kintstraat 22, 8550 Zwevegem or via e-mail to the Seller's address: info@AXBSHOP.be . A complaint may also be submitted on a form, the template of which has been posted by the Seller on the Store's Website.

  • The Seller encourages you to include in the complaint description: information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; a request for a method of bringing the Goods into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and the contact details of the complainant – this will facilitate and expedite the Seller's processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

  • The Seller will respond to the complaint of a Customer - Entrepreneur who does not have the status of a Consumer, immediately, no later than within 14 calendar days from the date of its submission.

  • A Customer exercising warranty rights is obligated to deliver the defective Product to the following address: AXBSHOP. In the case of an Entrepreneur who is not a Consumer, the cost of delivery is borne by the Customer. If, due to the type of Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.

 IX. Right of withdrawal.

  • A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from a contract concluded with the Seller within 14 days without giving any reason. A declaration of withdrawal from the contract may also be submitted using the form provided by the Seller on the Store's website.

  • The right of withdrawal from the contract does not apply to goods when the subject of the provision is a non-prefabricated item, manufactured according to specifications/design or intended to meet the individual needs of the Buyer.

  • All ceiling rails cut to customer dimensions, interior and exterior moldings made to individual order, mosquito nets and roller blinds sold on the website www.AXBSHOP.be are manufactured according to the customer's individual specifications – to size or pattern.

  • The withdrawal period expires 14 days after the date on which you acquired possession of the last lot or part, or on which a third party other than the carrier and indicated by you acquired possession of the last lot or part. To exercise your right of withdrawal, you must notify us by email at info@AXBSHOP.be of your decision to withdraw from this contract by means of an unequivocal statement. To meet the withdrawal deadline, it is sufficient for you to send information concerning your exercise of the right of withdrawal before the withdrawal deadline expires.

  • The cost of returning the shipment is borne by the Customer, but he or she does not bear the cost of delivering the goods by the store.

  • If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same payment method that you used for the initial transaction, unless you have expressly agreed otherwise.

 X. Free electronic services.

  • The Seller provides Customers with free Electronic Services:
     - contact form;
     - newsletter;
     - maintaining the Customer Account;

  • The Seller reserves the right to select and change the type, form, time and method of granting access to selected services listed, about which it will inform Customers in a manner appropriate to the change of the Regulations.

  • The Contact Form service involves sending a message to the Seller using the form available on the Store Website.

  • Cancellation of the Contact Form service is possible at any time and consists in ceasing to send inquiries to the Seller.

  • The Newsletter service is available to any Customer who enters their email address using the registration form provided by the Seller on the Store's website. After submitting the completed registration form, the Customer will immediately receive an activation link via email to the email address provided in the registration form to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the free electronic provision of the Newsletter service is concluded. During registration, the Customer may also select the appropriate box in the registration form to subscribe to the Newsletter service.

  • The Newsletter service involves the Seller sending electronic messages to an email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed to the Newsletter.

  • The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account or by sending information by e-mail to the Seller's address.

  • The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of Orders and the history of Orders already completed.

  • The Customer who has registered may submit to the Seller a request to delete the Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of submitting the request.

  • The Seller is entitled to block access to the Customer Account and Electronic Services if the Customer acts to the detriment of the Seller, i.e., advertises another entrepreneur or product; posts content unrelated to the Seller's business; posts false or misleading content, as well as if the Customer acts to the detriment of other Customers, violates legal provisions or the Terms and Conditions, and also when blocking access to the Customer Account and free services is justified by security reasons – in particular: if the Customer breaches the security of the Store Website or engages in other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and Electronic Services. The Seller will notify the Customer of blocking access to the Customer Account and Electronic Services electronically to the address provided by the Customer in the registration form.

  • Complaints regarding Electronic Services and other complaints related to the operation of the Online Store (except for complaints about Goods, which are regulated separately) may be submitted electronically and sent to info@AXBSHOP.be. The Customer should include a description of the problem in the complaint. The Seller will review the complaint and respond to the Customer promptly, but no later than within 14 days.

XI. Protection of personal data.

The principles of Personal Data protection are included in the Privacy Policy .

XII. Final provisions.

  • The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.

  • In the event of a dispute arising under the Sales Agreement, the parties will endeavor to resolve the matter amicably. Polish law will govern all disputes arising under these Terms and Conditions.

  • The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. Rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. These entities may include, in particular, consumer ombudsmen or the Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.

  • The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfillment before the effective date of the new Terms and Conditions will be fulfilled based on the Terms and Conditions in force on the date the Customer places the order. Amendments to the Terms and Conditions will take effect upon their publication on the Store's Website. The Seller will inform the Customer 7 days prior to the effective date of the new Terms and Conditions via an email containing a link to the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are obligated to notify the Seller, which will result in the termination of the agreement for the Provision of Free Electronic Services.