Termini & Condizioni
Business information
ltd. Donovic
Pathoekeweg 9B/11, 8000 Bruges
shop@pomme-pidou.com
BE 0479 135 458
Article 1: General provisions
The e-commerce website of Donovic, a ltd. with its registered office at Pathoekeweg 9B/11, 8000 Bruges, VAT BE 0479 135 458 provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Donovic, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Donovic.
Article 2: Price
All prices listed are expressed in EURO, GBP & USD, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Disclaimer
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Donovic. With respect to the accuracy and completeness of the provided information, Donovic is solely bound to obligation of means. Donovic is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Donovic. Donovic cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
1) Subject to the provisions of paragraph 4, the agreement takes effect upon acceptance of the product selection by the consumer and fulfilment of the relevant conditions.
2) Once the consumer accepts the product selection electronically, Donovic ltd. will confirm receipt of this acceptance electronically without delay. As long as receipt of this acceptance is not confirmed, the consumer is entitles to cancel the agreement.
3) If the agreement comes about electronically, Donovic ltd. takes appropriate technical and organisational measures in order to secure the electronic transmission of data and provides a secure web environment. If the consumer is able to make payments electronically, the seller will take appropriate security measures.
4) Donovic ltd. is entitled, within the limits permitted by law, to ascertain whether the consumer is able to meet his payment obligations as well as all facts and factors that may be important for the responsible conclusion of the sales agreement. If Donovic ltd. has good reason not to conclude the agreement on the basis of their findings, they are authorised to refuse an order or request with indication of the reasons or to make the performance of the agreement subject to specific conditions.
5) Upon delivery of the product or service, Donovic ltd. will provide the customer with the following information, either in writing or in such a manner that the consumer is able to easily access the information and store it on a durable medium:
- the address of the establishment of Donovic ltd. where the consumer can file complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear message stating that the right of withdrawal is excluded;
- the information on after-sales service and warranties;
- the data included in article 4 paragraph 3 of these terms and conditions, unless Donovic ltd. already provided these data to the consumer before the performance of the agreement.
6) If Donovic ltd. has undertaken to make several deliveries of products or services, the provisions of the previous paragraph only applies to the first delivery.
Options for payment
The Customer may choose between the following payment methods :
- by credit card
- by bank card
- via bank transfer to account number Be 36 7380 2341 2081
Donovic is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Shipping
Your package will be delivered within a period of 1 to 10 working days after receipt of payment. These delivery periods are given by way of indication only. Donovic ltd. cannot be held liable for any delays occurring during transport.
If you are absent at the time of delivery, a written notification will be put in your letterbox. If the package cannot be delivered upon the 1st attempt, it will be stored in a nearby parcel shop. If a package that was returned to us must be dispatched again, we are compelled to charge the costs of delivery, even if shipment was free of charge the first time.
Unless otherwise agreed, the maximum period of delivery is thirty days. If this delivery period is not feasible, Donovic ltd. must inform the customer in time and the latter will be entitled to cancel the order without extra costs. In that case, any amounts paid will be reimbursed within thirty days. Donovic ltd. is responsible for the package until the time of delivery. You will receive an e-mail message from us at the moment on which your package is sent. We are able to trace all shipments. Please contact us if you did not receive your package within 7 working days after receipt of the e-mail.
Liability for damage during transport
All items are checked before shipment. We also ensure that they are packed appropriately. The customer undertakes to check the items ordered upon receipt and to inform us immediately of any damage. This is possible via e-mail, preferably accompanied by a photograph of the damaged item. Never throw away the packaging material before having checked whether the items you ordered are in perfect condition. Return shipments must always take place by mutual consent. We therefore request you never to return items to us on your own initiative.
Article 6: Retention of title
Delivered articles remain the exclusive property of Donovic until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Donovic, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Return policy
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Donovic.
The Customer has the right to withdraw from this agreement within a period of 30 calendar days without giving reasons.
The right of withdrawal period will expire 30 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify Donovic by e-mail (shop@pomme-pidou.com) in an unambiguous statement about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
The item must be returned in their original packaging, undamaged and unused with sufficient postage prepaid, with indication of your order number. Return shipments take place at the expense and risk of the sender, in this case the customer. We can take care of the practical arrangements for the return shipment, which may be cheaper. Unannounced return shipments will not be reimbursed.
The price of items returned to us under the conditions described above will be reimbursed within a period of fourteen days after their return. You will receive the full purchase price, including any costs of shipment paid upon purchase. If the item returned is an item erroneously delivered by Donovic ltd., we will pay all costs of the return shipment.
We reserve the right to refuse return shipments if we suspect that the items were used or were damaged through the fault of parties other than Donovic ltd. or the item’s supplier.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Donovic customer service and to return the product at their own expense to Donovic.
Upon detection of a deficiency, the Customer must inform Donovic as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service & complaints
Donovic customer service can be reached via e-mail at shop@pomme-pidou.com or by mail at the following address Donovic, Pathoekeweg 9B/11, 8000 Bruges. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Donovic is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Donovic is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing information, Donovic respects the European law of the GDPR of 2018 May 25 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Donovic, Pathoekeweg 9B/11, 8000 Bruges, shop@pomme-pidou.com. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Donovic, Pathoekeweg 9B/11, 8000 Bruges, shop@pomme-pidou.com .
We treat your information as confidential and shall not communicate, rent or sell it to third parties. The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus [...] has no access to your password.
Donovic saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at shop@pomme-pidou.com.
Article 12: Use of cookies
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
If you use our website, you agree to the use of cookies.
Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Donovic to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Donovic. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Donovic district have jurisdiction in the case of any disputes.
Article 17: UNIZO e-commerce label
Donovic endorsed the Rules the UNIZO e-commerce label. A copy of these Rules and the access to the UNIZO complaints procedure is available via http://www.unizo.be/ecommercelabel/.
Appendix 1: Template - withdrawal form
Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.
To Donovic, Pathoekeweg 9B/11, 8000 Bruges, shop@pomme-pidou.com
I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):
Ordered on (*)/Received on (*):
Name/Names of consumer(s):
Address of consumer(s):
Signature of consumer(s) [only when this form will be submitted on paper]:
Date:
(*) = strike out what is not applicable.