Terms and conditions

1. ENTREPRENEURIAL IDENTITY

Identity: The seller and operator of the Webshop is:

Allinox BV ("Allinox"), having its registered office at Stationsstraat 127, 8780 Oostrozebeke, Belgium, registered with the Crossroads Bank for Enterprises under number 0444.503.092 (RPR Gent, department Kortrijk)

Telephone: +32 (0)56 67 46 80
E-mail address: support@beka-cookware.com
www.beka-cookware.be

2. GENERAL

The general terms and conditions ("General Terms and Conditions") prevailing at the time of a visit to the webshop and/or a purchase of any product from the webshop apply to every product offered on the webshop, every product purchased by a customer of Allinox's webshop who is also a consumer ("Customer") as well as to every delivery resulting from a purchase made on this webshop by a Customer, following acceptance of these General Terms and Conditions by the Customer. These General Terms and Conditions cannot in any case apply to professional buyers.

Before an agreement is concluded, the Customer shall be given the opportunity to acquaint himself with the content of these General Terms and Conditions and to expressly accept them. By ticking "I have read and accept the General Terms and Conditions" on the order placed by the Customer, the Customer declares that he knows and accepts these General Terms and Conditions. The content of these General Terms and Conditions shall be communicated to the Customer by electronic means. Allinox shall ensure that these General Terms and Conditions are made available in a simple manner, and that the Customer is given the opportunity to save these on a durable data carrier, or that a copy can be sent at no additional cost.

Allinox may change the General Terms and Conditions at any time, but it is the General Terms and Conditions in force at the time of the visit to the webshop that apply to this visit, or in the event of a purchase by the Customer, the General Terms and Conditions in force at the time of the conclusion of a sales agreement between the Customer and Allinox that govern their agreement.

The webshop is limited to the territory of Belgium. Consequently, Allinox's offer applies only to customers with a delivery address located on Belgian territory.

3. ORDERS

Products can be purchased on the webshop by adding them to the Customer's shopping basket. The order can be completed via the shopping basket. The agreement between Allinox and the customer shall only come into effect once Allinox has confirmed the order by confirmation e-mail. The absence of an ordinary signature shall not affect the binding force of the offer and its acceptance.

Allinox reserves the right to request additional information from the Customer before concluding (and thus confirming) the sales agreement, or to refuse this for well-founded reasons. Legitimate reasons include, but are not limited to: (i) abnormally large orders, understood as quantities that do not correspond to the normal purchasing behaviour of consumers, (ii) orders by minors, (iii) incomplete ordering procedures, (iv) problems with previous orders or (v) orders for which the Customer provides a delivery address that is not in Belgium.

The General Terms and Conditions and the confirmation mails are always drawn up in the language of the web shop.

The availability of each product is indicated. Allinox makes every effort to provide this information correctly, but it may happen that a certain product cannot be delivered for the time being. This may be due to (involuntary) incorrect stock data or to suppliers who find themselves (temporarily or otherwise) in a situation where they can no longer make deliveries. Should such a case arise, Allinox's liability shall be limited to the amount already paid by the Customer, and Allinox shall make every effort to notify the Customer as soon as possible and propose a solution. If the parties do not reach agreement on a possible solution, or if no solution is possible, the amount paid by the Customer shall be repaid in full by Allinox.

4. DELIVERY AND EXECUTION

All products shall be delivered to the address indicated by the Customer at the time of the online order and in accordance with the modalities specified therein. Only one delivery address can be specified per order (which may include one or more products). The Customer is bound by the information he provided when placing the order. Allinox cannot be held liable for the consequences of providing incorrect data. The products ordered can only be delivered to an address in Belgium. Beka Cookware is not available in the Netherlands. Allinox does not deliver through the webshop in the Netherlands.
The shipping costs will be communicated to the customer before he/she places the order.

The shipping costs for Germany are 9,95 EUR,
The shipping costs for France are 9,95 EUR,
The shipping costs for Belgium is 7.95 EUR,

unless the order value is 100 EUR or more. If the order value is 100 EUR or more, no shipping costs will be charged.
For France: If you order from outside mainland France, you have to pay a surcharge on the shipping costs. The same applies to Monaco. These surcharges are included in the shopping basket.

Germany: Customers ordering from outside mainland Germany will be charged a surcharge on the shipping costs. These surcharges are settled in the shopping basket.
Allinox shall execute accepted orders with speed, but at the latest within 30 days, unless a different delivery period has been agreed in writing with the Customer. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed of this within 30 days of placing the order. Delivery shall be made exclusively by courier service (DPD), unless otherwise agreed upon in advance of the contract. Contact details of the Courier Service can be found by the Customer on the following website https://www.dpd.com/.
On the day that the order leaves Allinox's warehouse, the Customer will receive a confirmation e-mail from the courier service (DPD) including a track and trace code that allows the Customer to follow the package's movement.

5.PRICE

The prices listed in the web shop are inclusive of VAT and exclusive of packaging and shipping costs. The prices are always quoted in euros. Other taxes or levies of any kind imposed on the price or the goods, as well as delivery and insurance costs, as the case may be, must be paid separately by the Customer. These costs, if any, shall be stated separately at the latest at the time of ordering. Prices for products on the webshop may be adjusted by Allinox at any time on the basis of objective elements, albeit without retroactive effect and only with regard to the future.

6.PAYMENT

Payment for products purchased on the webshop can only be made using the payment methods provided there. These become visible when the Customer completes the ordering procedure.

In order to ensure safe online payment and security of the Customer's personal data, transaction data is encrypted using SSL technology before being sent over the Internet. The Customer does not need any special software to pay with SLL. The payment is made via the payment provider Mollie and without the intervention of other parties.

If, for whatever reason, a payment is subsequently cancelled before delivery has taken place, Allinox shall have the option of allowing the purchase to proceed, without prejudice to the Customer's existing right of withdrawal, or to regard the purchase as legally cancelled. In any case, each order will only be executed after a valid and complete payment has been received.

In the event of partial payment, Allinox retains the right to either (i) suspend delivery until the Customer has made full payment or (ii) dissolve the agreement and refund the amount paid.

The ownership as well as the risk of loss or damage of the products shall be transferred to the Customer as soon as he or a third party appointed by him, other than the carrier, takes physical possession of the goods.

7. RIGHT OF WITHDRAWAL

For all products purchased from the Allinox webshop, the customer has a right of withdrawal during a period of 14 calendar days, without stating a reason. This period begins at the time of delivery to the address given by the Customer or a third party designated by him. During the withdrawal period, the Customer shall handle the product and its original packaging with care. The Customer shall ensure that the product remains in its original state and shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the products.
The Customer shall exercise the right of withdrawal either (i) by completing and returning the model withdrawal form (which can be found here) or (ii) by addressing another unequivocal statement to Allinox in which the Customer declares that he exercises the right of withdrawal.
If the Customer uses the second option, a notice prior to returning the order will be sent to support@beka-cookware.com or to the postal address stated in Article 1. This message contains the following information:

Notification that the Customer wishes to withdraw from the contract
Contact details of the Customer
Article description
Order and receipt date
Order number
Date sent (if the message is a letter)

This withdrawal form can be found here https://allinecommerce.blob.core.windows.net/cmsfiles/modelformulier_voor_herroeping_beka_nl.pdf
Allinox shall confirm receipt of the exercise of the right of withdrawal on a durable data carrier as soon as possible.
In order to meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Purchased goods that are returned without prior notice do not constitute a valid exercise of the right of withdrawal.
The exercise of the right of withdrawal does not incur any additional costs and does not have to be motivated. The costs of returning the purchased products shall be borne by the Customer. The Customer shall return the purchased products in their original packaging and all accessories (such as, but not exhaustively, the instructions for use and the delivery note) to Allinox at the address stated in Article 1 within a period of 14 calendar days after he has correctly informed Allinox that he wishes to exercise the right of withdrawal. The date of dispatch shall serve as a check.
Payments already received by Allinox shall be repaid in full upon receipt of the goods or when the Customer demonstrates that he has returned the goods, whichever event occurs first. Allinox reserves the right not to refund the depreciation resulting from handling the products beyond what was necessary to ascertain the nature, characteristics and operation of the products or upon receipt of damaged or incomplete products.

8.CONFORMITY AND WARRANTY

Each product is covered by a statutory guarantee as provided for in Article 1649bis of the Civil Code for a period of two (2) years. This period shall commence the day after delivery to the delivery address as specified by the Customer. The invoice and delivery note are the only form of guarantee and must be presented in order to claim the statutory guarantee.

Upon receipt of the purchased products, the Customer is expected to check within a reasonable period of time whether the products are affected by a defect in conformity/visible defect. The customer must then report these defects to BEKA Cookware's customer service department in writing within two months of ascertaining the defect support@beka-cookware.com.

A hidden defect in the product must be reported by the customer to the BEKA Cookware customer service department at the e-mail address support@beka-cookware.com within two months of the discovery of such a defect. In this e-mail the Customer must provide his contact details as well as a description of the defect, accompanying pictures, the order number and a scan of the delivery note.

If the hidden defect of the product is discovered six months after delivery, the Customer shall add evidence that the defect was already present at the time of delivery of the purchased products.

For obvious reasons, wear and tear resulting from ordinary or abnormal use of the product shall not qualify as a hidden defect, and Allinox shall never be liable to the Customer.

If the product is affected by a defect in accordance with Article 1649quater of the Old Civil Code and falls under the guarantee, the Customer shall have the choice between either repair or replacement of the product concerned free of charge, unless the aforementioned repair or replacement would be impossible or disproportionate.

If repair or replacement free of charge is impossible or disproportionate, or when Allinox has not carried out the repair or replacement within a reasonable period or without serious inconvenience to the Customer, the Customer shall be entitled to request an appropriate price reduction or dissolution of the agreement. For minor defects, only a price reduction is possible.

9. LIABILITY

Except for legal liability for death and personal injury, Allinox (including its agents or employees) shall only be liable for the damage caused by its wilful misconduct, gross negligence or sum, as well as for, except in the case of force majeure in accordance with Article 10, the non-performance of an obligation that constitutes one of the main elements of the contract. Allinox shall not be liable for any other errors.

If Allinox should be liable to the Customer, this liability shall, except in the case of statutory product liability, be limited to the amount equal to the invoice value relating to the purchased product that caused the loss or damage. Allinox shall never be liable for indirect loss, including but not limited to consequential loss and loss of use.

Subject to an explicit agreement to the contrary between the parties, Allinox shall not be deemed to have knowledge of or taken into account the unusual specific application that the Customer will make of the purchased products, and consequently cannot be held liable for this. The Customer is exclusively liable for the non-normal use he makes of the purchased products and/or the purposes for which he uses these products. Nor shall Allinox be liable for any damage resulting from attempting to modify purchased goods, or if the Customer has used components that do not meet the parameters as provided by Allinox.

10. OVERVIEW

Allinox shall not be liable for delays in performance or non-performance of its obligations due to force majeure. Force majeure is any event that, independent of Allinox's will, could not be foreseen or prevented and which implies a (temporary) impossibility to execute the agreement or any part thereof within the bounds of economic profitability or which makes the execution of the agreement unreasonably difficult and creates an apparent imbalance in the contractual relationship between Allinox and the Customer, such as, but not limited to, war, riots, general mobilisation, partial or general strikes, operational accidents, fire, weather conditions, machinery breakdown, bankruptcy or defects and delays of suppliers or another contracting party of Allinox, restrictions on the supply of energy, lack of raw materials, epidemics and pandemics (including any subsequent government measures).

If the situation of force majeure persists for more than eight (8) weeks, both Allinox and the Customer may dissolve the agreement free of charge upon written notification, without Allinox or the Customer being liable to pay any compensation to each other.

11. COPYRIGHT

This webshop and its associated online & social media channels are protected by copyright. All logos, drawings, data, product or company names, images, text and video content on the website and the webshop or its online & social media channels are the property of Allinox. Without written permission from Allinox, it is not permitted to use this content in any way. Should a Customer or a visitor to the webshop wish to use a photo or video, Allinox should be contacted at : support@beka-cookware.com.

12. INFORMATIONS

Information, images, oral statements, etc. concerning all offers and the most important characteristics of the products are provided (in any manner whatsoever) as accurately as possible.

Allinox cannot be held liable for the non-functioning or inadequate functioning of the website, the telecommunications infrastructure and/or other errors in communication or possible consequences thereof. The content of the Allinox website and all other Allinox communications on the Internet have been compiled with the greatest of care. However, Allinox cannot give any guarantees as to the nature, accuracy or content of that information. Allinox cannot be held liable for errors, inaccuracies, misunderstandings, delays or unclear delivery of orders and communications as a result of the use of the Internet or any other (electronic) means of communication in the traffic between the Customer and Allinox, or for the consequences of using the information in question. Except in the case of gross negligence or wilful misconduct, Allinox shall not be liable for any advice or answers to questions it provides

Allinox may include on its website links to other websites that may be of interest or informative to visitors. Such links are purely informative. Allinox is not responsible for and is not bound by the content of the website referred to or the use thereof.
If the customer wishes to make a complaint about Allinox's products or services, he may contact Allinox via the contact form. Allinox shall endeavour to resolve the complaint within 5 working days.

13. PERSONAL DATA

The collection of personal data for the purpose of sale or distance is mandatory. This information is essential for the processing and dispatch of orders. Allinox receives personal data from the Customer and undertakes to use these only for the performance of the contract or to comply with legal obligations.

The Customer acknowledges and accepts that Allinox will process this personal data as a data controller in accordance with its privacy policy (link) and General Data Protection Regulation 2016/679 ("AVG") and the Act of 30 July 2018 (Act on the Protection of Natural Persons with regard to the Processing of Personal Data). This means, among other things, that Allinox will treat this personal data with strict confidentiality and will only pass it on to third parties in exceptional circumstances.

According to the AVG, the Customer always has the right to access, copy, object to the processing, restriction of processing, data portability, withdrawal of consent, erasure, correction and addition of personal data. The Customer can exercise these rights by contacting support@beka-cookware.com .

14. INDIVISIBILITY

If one or more of the clauses in these general terms and conditions are declared null and void, this nullity shall in no way affect the other provisions of the general terms and conditions or the agreement as a whole, and the general terms and conditions shall continue to apply with the exception of the null, void or unenforceable provision or part of a provision.

15. APPLICABLE LAW AND COMPETENT COURT

All relations between Allinox and the customer to which these General Terms and Conditions apply shall be governed exclusively by Belgian law.

Any dispute between Allinox and the Customer shall be brought before the courts of Ghent, section Kortrijk, on the understanding that the Customer shall always have the option of bringing the matter before courts other than those mentioned in this article.

16. ALTERNATIVE DISPUTE RESOLUTION

The Customer also has the option of submitting a complaint online via the online dispute resolution platform of the European Commission via this link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL

These General Terms and Conditions have been drawn up by Allinox and were last amended on 8 February 2021.