1. PREAMBLE
These general Terms & Conditions of Sales are applied exclusively between Alainko bvba company with its place of business located at Kloosterstraat 156, 2000 Antwerpen hereinafter known as the ‘ Vendor ‘, and any natural or legal person making a purchase at said Alainko bvba company via the site www.alainhens.com, hereinafter called the ‘ buyer ‘ . These terms and conditions govern the contractual relationship between the two parties accepting them without reservation.
Anyone may read the general conditions of sale on the site www.alainhens.com.
These terms and conditions may be subject to change, the conditions applicable are those in force on the site at the time of placing your order
2. PRODUCTS
2.1 Antique and old characteristics of the products
The bulk of the products presented on this site are unique specimens: they are second hand items, part of which can be called antiques due to their age. The buyer must keep in mind that the pieces sold are old and have survived several decades. Most of the products on sale were produced between the 1950’s and 1980’s. This means the products have an aging patina, considered an asset in guaranteeing the vintage nature of the object; it is the trace of time left on a piece.
It is understood that despite the mention of “excellent condition”, due to their antique nature, items still do have traces of aging. The ‘Vendor ‘may not be reproached for the antique character of the object.
Specific defects, damage or losses will be stated precisely and explicitly in the description in the product’s technical sheet. Thus, the buyer is knowingly purchasing items from www.alainhens.com
2.2 Norms & Usage
Furthermore, the ‘Vendor ‘may not be held responsible for non – conformity of products with existing standards, including electrical wiring standards. It is the responsibility of the ‘Buyer ‘to verify the compliance of purchased pieces.
The ‘Vendor ‘cannot be held liable for damages of any kind, whether bodily or material that could result from a malfunction or the improper use of products sold on the website.
2.3 Photographs & Product Overviews
The photographs and other representations of items are only indicative and have no contractual value. The descriptions of the items come with several photographs, even though they offer an aesthetic approach, they also seek to enable an objective judgment of the state of the article.
The ‘Vendor ‘agrees to not intentionally hide details of the state of the object through the photographs. If there is still doubt on the behalf of the buyer, the ‘Vendor ‘agrees to answer honestly concerning the state of the article.
The ‘buyer ‘is aware that the colors of the items taken in photo may vary from reality depending on the brightness at the time of the photo shoot and adjustment of the screen display of the computer used.
In the case of a product staging scene, the price corresponds to the item that appears in the product title of the technical sheet.
2.4 Stock Availability
The articles on this site are valid only within the limits of stock availability and the delivery capabilities of the various transport providers.
In the case of an exceptional dysfunction in inventory management and in the event the ‘ buyer’ places an order for an unavailable item, the ‘ Vendor’ undertakes to inform the customer as soon as possible and specify when the item will next be available, depending on the stock sourcing. The ‘Buyer ‘will then have the choice to wait for the availability of the product, to place a partial order or to cancel their order.
In the case of the bank account of the ‘ Buyer ‘ being charged, the ‘ Vendor ‘ will initiate immediate repayment procedures, the ‘ buyer’s’ account will then be credited. The time delay will depend on the payment method used by the buyer.
3. ORDERS
The ‘Vendor ‘confirms the acceptance of the ‘buyer’s’ purchase order by sending an e-mail to the email address supplied by the ‘buyer’. This e-mail contains an order receipt confirming the order with all the constituent elements of the contract (product / price / delivery methods, estimated delivery times, shipping costs).
The ‘Vendor ‘reserves the right not to confirm an order for any reason including: a problem of supply, customer history (if there is a dispute concerning a previous order), etc.….
The information given by ‘the buyer’ ‘at the time of placing an order is binding. The client verifies that they have supplied complete and conform information, including the delivery address. “The seller” may not be held responsible for errors committed by the buyer whilst filling out their order form and the consequences (eg delays or errors in deliveries, for example) of the eventual errors. The costs incurred for the return of the order or for any other errors related to incorrect information will be at the expense of the ‘buyer’.
4. OFFERS
Unless otherwise agreed upon in writing in the offer, the ‘seller’ reserves the right to modify said offer up to the moment it has been accepted in writing by the ‘buyer’ ( especially in the case of price increases of raw materials and / or handling during the period of validity of the offer). In no case may the ‘seller’ be held responsible for modifications made to any offers.
5. DELIVERIES
5.1 Order Information
The products are delivered to the address specified by the customer on the order form. The ‘buyer’ must verify that the information provided at the time of ordering is complete and correct. The ‘seller’ cannot be held liable for any data entry errors on the behalf of the ‘buyer’ and the consequences in terms of delays or misdelivery.
In this context or in the context of a failure to deliver to the ‘buyer’, all costs incurred for the return of the order will be entirely borne by the customer. Upon confirmation of the order, shipping charges will be accompanied by information on shipping methods (Name of transport company delivery service and estimated delivery time upon receipt of payment) unless otherwise mentioned, shipping is always a “Door to door” service to the residence, the ground floor or the front door.
5.2 Liability & Litigation
The ‘Vendor’ may not be held responsible for delays in delivery due to errors or disruptions caused by carriers (eg total or partial strike of postal services and means of transport / work accidents …). In the case of total or partial loss or disputes (whatever the cause may be, such as damages …) it is the responsibility of the ‘buyer’ to exercise any claims against the carrier without the responsibility of ‘vendor’ ever being put into question. As from the moment an item has been handed to the transporter, the ‘seller’s’ liability cannot be challenged. The goods always travel at the risk of the recipient.
Upon delivery, the customer must check the contents, compliance and condition of the product. Any anomaly concerning the delivery (damages or missing items) must be indicated on the delivery form, along with a handwritten mention of a reserved reception of the item with a detailed and dated note of reserves together with the name and signature of the customer.
The ‘Vendor’ advises the customer to verify the condition of delivered products before signing the acknowledgment of receipt of the package. In the case an item is damaged upon reception, the ‘Vendor’ suggests to communicate in writing (with proof of sending) a complaint to the shipping company immediately.
Indeed, with most transport companies, the ‘buyer’ has a deadline of 48 hours to issue a complaint. The client must send a copy of that letter and the various communications by electronic mail or by mail to Alainko bvba, Jan Van Rijswijcklaan 213/2, 2020 Antwerpen
The delivery note dated and signed by the ‘buyer’ (or anyone who receives the goods on behalf of the ‘buyer’) issued by the transporter upon delivery will constitute proof of transport and delivery.
Unless a tight deadline is expressively stipulated and agreed to by the ‘vendor’, mentions of delivery delays and / or performance are purely indicative ; any delay for any reason whatsoever, will give rise to a cancellation of the order or payment of damages.
The indication of a delivery date is only for informational purposes and is not binding. No order can be canceled due to the expiry of the delivery period.
5.3 Delivery Content Error
The ‘buyer’ must indicate to Alainko bvba, on the day of delivery or no later than the first business day following delivery, any claims of error of delivery and / or nonconformity of products in kind or in quality compared to entries on the order form . Any claim made after this time will be rejected. The ‘buyer’ must keep the original packaging and the delivery slip. Claims may be made via:
– In priority via e-mail :
– Via telephone : +32479237818
All claims that fail to meet the aforementioned rules and within the specified delay will not be taken into account and unbinds “the seller” from all responsibility towards the ‘buyer’.
6. PRICING
All prices are in Euros ( € ).
All our prices include VAT
VAT Regime : The Alainko bvba is subject to a special tax regime on the profit margin as set out in Article 58 § 4 of the VAT Code.
This means that prices include VAT but the VAT is not deductible by the buyer.
The price of an item is the price of the item described in the product page. It does not include, in any case, the other products that figure on the photographs for staging purposes.
The price excludes shipping costs (packaging, handling and transport). Shipping costs are the responsibility of the ‘buyer’, they include sending prices (as charged by the various transport providers), quality packaging and logistics costs. For any destination outside the EU , the various fees and taxes (such as tax clearance, …) can be added to the price originally stated on the website . These do not include shipping and are the sole responsibility of the ‘buyer’. Shipping costs, charged in addition, will be specified in the order confirmation.
7. PAYMENT
The price charged to the ‘buyer’ is the price indicated on the invoice issued by the ‘vendor’.
The price of the products is payable as from the day of the order.
Delivered products remain the property of the ‘vendor’ until the complete and definite payment of outstanding invoices.
Payments will be made through one of the payment methods offered on the website : www.alainhens.com
The ‘buyer’ guarantees the ‘vedor’ that they have full authority needed to use the payment card used during the ordering process.
8. STORAGE
The ‘Vendor’ may agree to store goods at the request of the ‘buyer’ for a determined period of time.
The ‘vendor’ is authorized to charge storage costs that are announced in advance to the ‘buyer’. In case of damage or destruction of the product during the storage period, the ‘buyer’ will suffer all the consequences, the ‘vendor’ can in no way be held responsible.
9. FORCE MAJEUR
The ‘Vendor’ will not have faulted on the contractual obligations in the case where their completion is delayed, blocked or impeded by a vis major or force majeur. Will be considered as a force Majeur or vis major all unavoidable and/or unexpected circumstances, beyond the party’s control, and independent from the wishes of the parties involved and which way not be stopped by them despite all reasonable efforts.
10. RIGHT TO RETRACTION
In the case of long distance sales to consumers falling within the scope of the law of the 14th of July 1991, amended by Act of the 25th of May 1999, the “buyer” has a period of 14 calendar days, commencing as from the day following the date of receipt of the goods, to withdraw without giving any reason. With the exception of made to measure products.
For proper monitoring of the case, it is preferable that the ‘buyer’ informs the ‘vendor’ in advance of the decision by email to , by post to (Alainko bvba –Jan Van Rijswijcklaan 213/2, 2020 Antwerpen) and / or by phone 0032479237818
The right of retraction is exercised by returning the product to the ‘Vendor’, the shipping costs remain the responsibility of the ‘buyer’. The item(s ) in its ( their) package of origin, intact and accompanied by the original invoice must be returned by the ‘buyer’ to the following address : Alainko bvba Jan Van Rijswijcklaan 213/2, 2020 Antwerpen
It is the responsibility of the ‘buyer’ to conserve all proof of the return of items as well as the date of said return.
In the case of the execution of the right to retraction, the ‘vendor’ is required to refund the purchase price of the product(s) purchased and returned, without charge, except for the port costs. All refunds are due within a maximum delay of 30 days.
All damaged, incomplete or deteriorated items that are returned will not be accepted by the ‘Vendor’. Therefore, given the delicate nature of the products sold on the E-Boutique, the ‘Vendor’ strongly suggests the ‘Buyer’ to choose a shipping method that ensure the products safety and integrity, and thus to ideally opt for the same transporter used for the delivery of the item.
All risks associated with returning a product are the responsibility of the consignor.
11. LITIGATION
This contract is subject to Belgian law.
The ‘Vendor’ may not be held liable for damages of any kind, whether tangible or intangible property, which could result from a malfunction or improper use of the products sold.
The financial responsibility of the ‘Vendor’ is limited to the amount of the order and cannot be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products.
In case of difficulties in implementing this contract, the ‘buyer’ has the option, before any legal action is taken, to seek an amicable solution. Claims or disputes will always be received with attentive benevolence, good faith is always presumed in those who took the trouble to explain their situation. In case of dispute, the customer should first contact the company to obtain an amicable solution. Otherwise, only the courts of Brussels are competent, whatever the place of delivery and method of payment accepted.
12. LEGAL INFORMATION
The collection of nominative personal information for the purpose of long distance sales is obligatory, this information being indispensable for the processing and delivery of orders as well as the creation of invoices.
The failure of the collection of the personal information will cause the non-validation of an order.
Alainko bvba commits themselves to not share commercially, or otherwise, the contact information of their clients and third parties and undertakes to keep this information strictly confidential.
They may exclusively and only be used to communicate news and opportunities on the website www.alainhens.com
Individuals have the right to upon request the modification or the removal of their information from the records of Alainko bvba.
13. INTELLECTUAL PROPERTY
This website, in its entirety, is the property of Alainko bvba, and all the right’s pertaining to it (including the right to display the elements on the electronic catalogue). Reproduction in whole, or in part, is always subject to the authorisation of the owners. However, hypertext links to the site are permitted without specific requests.