GENERAL TERMS AND CONDITIONS WEBSHOP
The consumer has the right to notify Misteroil that he/she is cancelling the purchase, without penalty and without stating a reason, within 14 days of the day following delivery of the product.
ARTICLE 1: GENERAL REGULATIONS
The electronic webshop of Misteroil, BVBA with registered office at Kretenveldweg 26, 3520 Zonhoven (Belgium), VAT BE 0603988217, RPR Antwerpen, Hasselt Division, offers its customers the opportunity to purchase online.
These General Terms and Conditions ("Conditions") apply to any order placed by a visitor to this website ("Customer") with Misteroil. Placing an order via Misteroil's webshop implies that the Customer has consulted these Terms and Conditions and expressly accepts their applicability to the exclusion of all other terms and conditions. Any additional terms and conditions of the customer are excluded unless they have been previously accepted by Misteroil in writing.
ARTICLE 2: PrICING
All prices stated are in EURO and always include VAT and all other taxes that the customer is required to pay. If delivery, reservation or administrative costs are charged, this shall be stated separately.
The price stated refers exclusively to the articles as described in writing. The accompanying photo is for decorative purposes only and may contain elements of articles not included in the price.
ARTICLE 3: OFFER
Each offer is open only to customers residing in the European Union.
Despite the fact that the catalogue and website are compiled with the greatest possible care, it is still possible that the information offered may be incomplete, contain material errors or not be up to date. Obvious mistakes or errors in the offer are not binding on Misteroil. Misteroil is only bound by a best-efforts obligation with regard to the accuracy and completeness of the information provided. Misteroil is not liable in any way for material errors, misprints or printing errors.
If you have any specific questions, for example about sizes, colours, availability, delivery times or methods, please contact our customer service department first (see Article 13).
The offer is valid while stocks last and can be altered or withdrawn by Misteroil at any time. Misteroil cannot be held responsible for any unavailability of a product.
ARTICLE 4: PURCHASING ONLINE
The purchase is effective when the customer receives a confirmation email from Misteroil.
The order will not be final until payment has been received.
The paid orders are processed and shipped daily.
Items are delivered to the customer's home or to a collection point where Misteroil will do its best to deliver the goods to the customer on the delivery date indicated in the confirmation email, without this being a commitment to results.
Misteroil is entitled to refuse an order (in writing) following a serious shortcoming on the part of the customer with regard to the order or any other order or contract involving the customer.
The customer has the choice between the following payment methods:
- via credit card
- by bank card
- by bank transfer
ARTICLE 5: RESERVATION OF OWNERSHIP
The goods delivered remain the exclusive property of Misteroil until payment in full by the customer.
However, the risk of loss or damage is transferred to the customer upon delivery. The customer undertakes, if necessary, to inform third parties of Misteroil's reservation of ownership, for example to anyone who may seek to seize items that have not yet been paid for in full.
ARTICLE 6: PENALTIES FOR NON-PAYMENT
Without prejudice to the exercise of any other rights held by Misteroil, in the event of non-payment or late payment, the customer shall be liable, as of the date of the default and without prior notice, to interest of 10% per year on the unpaid amount. In addition, the customer shall be liable, as of right and without prior notice, to a flat-rate penalty of 10% of the amount in question, with a minimum of 25 euros per invoice.
Without prejudice to the above, Misteroil reserves the right to recover any items that have not been paid for (in full).
ARTICLE 7: DELIVERY
In our webshop it is clearly mentioned which products are in stock and can be delivered immediately. For the products we do not have in stock it is clearly stated 'different delivery time', the exact delivery time can always be requested before ordering or will be communicated after the order.
The delivery costs are calculated according to the amount of your order in your 'basket'.
Any visible damage and/or defects in the quality of an article or any other shortcoming in the delivery must be notified immediately to Misteroil by the Customer.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party designated by him and other than the carrier) takes physical possession of the goods. However, the risk passes to the Customer upon delivery to the carrier if the carrier is instructed by the Customer to transport the goods and this instruction was not given by Misteroil.
ARTICLE 8: WARRANTY
a. Legal warranty (only for consumers)
Under the Act of 21 September 2004 on the protection of consumers in respect of the sale of consumer goods, the consumer has legal rights. Each article is subject to the legal warranty from the date of purchase by (or delivery to) the first owner. Any commercial guarantee does not affect these rights.
In order to make a claim under warranty, the customer must be able to provide proof of purchase.
For products purchased online and delivered to the customer's home, the customer must first contact Misteroil's customer service department and then return the product to Misteroil at the customer's expense.
All defects must be reported to Misteroil within 2 weeks of their discovery by the consumer. After this period, any right to repair or replacement is forfeited.
The warranty is never applicable to defects that occur as a result of accidents, neglect, falls, abnormal or incorrect use, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, abnormal or incorrect use.
It is also not applicable to articles with a shorter lifespan, or wear items.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are not considered to be concealed faults, unless the Customer can prove otherwise.
The warranty is not transferable.
ARTICLE 9: RIGHT OF REVOCATION
The provisions of this article apply solely to customers who purchase items online in their capacity as consumers.
Consumers have the right to notify Misteroil that they are cancelling their purchase, without having to pay any penalty and without having to give any reason, within 14 days of the day following delivery of the product.
Customers wishing to exercise their right of withdrawal must contact Misteroil's customer service department within 14 days of delivery and return the goods to Misteroil at their own expense within 20 days of delivery.
The customer may not use the products during the revocation period. If the returned product is damaged or diminished in value in any way, Misteroil reserves the right to claim compensation for any diminution in value attributable to the customer.
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.
Unless otherwise agreed, the customer may not exercise the right of revocation for agreements :
1° relating to the provision of services the execution of which has begun with the customer's consent before the end of the revocation period;
2° concerning the delivery of goods made to the customer's specifications or which have a clearly personal character or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly
3° concerning the delivery of audio and video recordings and computer software of which the seal has been broken by the customer; and
4° concerning the delivery of newspapers, magazines and journals;
ARTICLE 10: Privacy
Misteroil complies with the General Data Protection Regulation (GDPR) of May 2016 relating to the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes:
- Processing an order through the Mister Oil webshops
- Sending newsletters if selected by yourself with an option to unsubscribe
- Advertising and/or marketing purposes
You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of your identity card), you can obtain written notification of your personal data free of charge by making a written, dated and signed request to Misteroil. If necessary, you can also request that any data that is incorrect, incomplete or irrelevant be corrected.
In the event of data being used for direct marketing: You can object, free of charge, to your data being used for direct marketing. To do so, please contact Misteroil at email@example.com.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
Customers are responsible for keeping their log-in data confidential and for the use of their password. Your password is stored in an encrypted form so that Misteroil cannot access it.
Misteroil keeps online (anonymous) visitor statistics to enable us to see which pages of the website are visited and to what extent. If you have any questions regarding this privacy statement, please contact us at firstname.lastname@example.org.
During a visit to the site, "cookies" may be stored on the hard drive of your computer. A cookie is a text file that is placed by a website server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
You can adjust your internet browser in such way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are removed from your hard disk afterwards. You can do this using your browser's settings (via the help function). Please note, however, that certain graphic elements may not appear correctly or that you may not be able to use certain applications.
ARTICLE 12: IMPAIRMENT OF VALIDITY - NON-WAIVERS
If any provision of these Terms and Conditions is held to be invalid, unlawful or void, this shall not in any way affect the validity, legality and applicability of the remaining provisions.
The failure at any time by Misteroil to enforce any of the rights set forth in these Terms and Conditions, or to exercise any of them, shall never be deemed a waiver of such provision and shall not affect the validity of such rights.
ARTICLE 13: MISTEROIL CUSTOMER SERVICE
The Misteroil Customer Service is available at +32(0)499/41.05.20 (Mon-Fri 09:00-17:00) or by email at email@example.com.
ARTICLE 14: CHANGE OF CONDITIONS
These terms and conditions are supplemented by other terms and conditions that are expressly referred to and by Misteroil's general terms and conditions of sale. In the event of any conflict, these Terms and Conditions shall prevail.
Misteroil may modify these terms and conditions at any time without notice. Any purchase made after the amendment constitutes acceptance by the customer of these new Terms and Conditions.
ARTICLE 15: SUPPORTING EVIDENCE
The customer accepts that electronic communications and backups may serve as evidence.
ARTICLE 16: APPLICABLE LAW - JURISDICTION OF THE COURT
Belgian law applies, with the exception of the provisions of international private law on applicable law and the Rome-I Regulation on international sales contracts for movable goods. In case of any disputes, only the courts of Hasselt are entitled to adjudicate.