TERMS & CONDITIONS

TERMS & CONDITIONS

Preliminaries

These are the terms and conditions of sale (“Conditions”) of HELDER vof whose registered office is Provinciestraat 100, 2018 Antwerpen, Belgium (registered in Belgium under company number 0831.302.704). These terms will apply to all purchases when you order via our website (www.studiohelder.be) (our “Website”) or by telephone. Please read this document carefully before placing your order.

By placing an order by telephone you confirm your unconditional acceptance of these Conditions.

By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.

Please note that:

Not all items featured in on our web site, are available by telephone order or via our Website. Certain categories of Goods are not available via our mail order service. Please consult our Website to check whether the Goods are available via telephone or website order.

We may change these Conditions from time to time. The latest version of these Conditions is available on our Website.

These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by telephone.

1. Scope

1.1 In these Conditions:

1.1.1 “Customer” means a person acting as a consumer who is purchasing goods outside the course of his or her business or trade;

1.1.2 “you” means the Customer submitting an order for Goods;

1.1.3 “Goods” means the Goods to be supplied under these conditions;

1.1.4 “Party” means either you or us; “Parties” means you and us;

1.1.5 “Writing means letter, fax or email.

1.2 The contract for supply of Goods (“Contract”) will be formed when we accept your order. Acceptance of an order by us can only be made in Writing save where ordering Goods over the telephone. Once the Contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability.

1.3 Orders may only be placed by Customers aged 18 and over.

1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.

1.5 These Conditions may only be changed in a document signed by one of our directors.

1.6 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.

1.7 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability.

1.10 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this Contract.

1.11 These Conditions comply in all respects with the Consumer Protection (Distance Selling) Regulations 2000 (as amended) and the Electronic Commerce (EC Directive) Regulations 2002.

1.11 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.

2. Identification of the offeror

HELDER vof whose registered office is Provinciestraat 100, 2018 Antwerpen, Belgium

Registered with the “Kruispuntbank van ondernemingen (KBO) Belgie”under number 0831302074

VATnr: BE0831.302.074

3. Information relating to Goods

Information on the range of Goods sold via our telephone order service or via our Website is available, with product references, in the HELDER Retail store and on our Website. All orders are subject to availability.

4. Orders

4.1 Orders by telephone

Orders can be placed in English, Dutch, German and French by calling tel. no. +32(0)3 289 43 18 (local rate), Monday to Friday from 11am to 5pm, excluding public holidays.

4.2 Orders via our Website

4.2.1 Orders can be placed through our Website. You will be responsible for paying any costs of connection to our Website.

4.2.2 Whilst we take reasonable care in ensuring that all material contained in our Website is accurate and up-to-date at the time it is posted, we cannot guarantee it. None of the material contained in our Website is to be relied upon as a statement or representation of fact. All images, illustrations and descriptions of the goods are for information only and you are advised to contact us for further information about the goods.

4.2.3 Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.

4.2.4 We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence.

4.2.5 When placing an order for the first time, you will be required to open an account with us and complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.

4.2.6 In the event prolonged inactivity causes your connection to our Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.

4.2.7 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.

4.2.8 The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if Goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.

4.2.9 You will only be charged for Goods which have been dispatched to you (together with relevant delivery charge).

5. Price

5.1 The price of the Goods you order will be notified to you by telephone before you place your order or shown on the Website before you confirm your order and will be confirmed on the written confirmation that you will receive when the Goods are delivered. All prices are in euro (€)) and inclusive of VAT.

5.2 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.

5.3 In addition to the price of the Goods, you will be required to pay a delivery charge. You will be informed of any delivery charge payable when you place your order. The amount of the delivery charge will vary depending on the value of your order. You will be required to pay a further delivery charge where a change in delivery date has been requested by you.

6. Payment

6.1 You must pay for the Goods prior to their dispatch to you by credit card or bank transfer. Payment must be in Euro (€). The following pay methods are accepted: Visa, Eurocard, Mastercard, Bancontact, Mistercash, IDEAL, Banktransfer and PayPal.

6.2 Your credit card or bankaccount will be debited at the time the order is prepared; you must confirm to us the name which appears on the credit card to be debited, give the 16-digit card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.

6.3 In order to counter Internet fraud, payments through our Website will be managed on-line by Buckaroo payment solutions or PayPal. These companys will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.

We reserve the right to put in place additional/other payment security system(s) from time to time.

6.4 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately.

7. Delivery

7.1 The Goods you order will be delivered during normal business hours once payment has been confirmed to the address which you give to us when you place your order.

Delivery will be made by Postal Service.

7.2 No delivery will take place unless payment for the Goods has been received. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the Goods within 30 days.

7.3 Please note that all packages containing Goods to be delivered to you will be weighed by us prior to their dispatch.

7.4 Ownership of the Goods and the risk for damage to the Goods pass to you upon delivery.

7.5 If, at the time of delivery, the packaging is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to the Goods, you should note the details on the delivery note and contact us(see clause 11 below).

8. Limitation of liability

8.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for:

8.1.1 any losses which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related services or their use by you;

8.1.2 any losses which are not caused by any breach by us;

8.1.3 business or trade losses.

8.2 Our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.

8.3 Nothing in this Contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.

8.4 We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:

8.4.1 you give us written notification of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you place your order in the case of loss, in order that we may comply with our carrier’s conditions of carriage;

8.4.2 you produce to us any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods.

9. Your right of cancellation

9.1. You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.

9.2. To exercise your right of cancellation before the Goods have been delivered to you, you must give written notice to us by hand or post to HELDER vof, Provinciestraat 100, 2018 Antwerpen, Belgium, or by email to giving details of the Goods ordered and (where appropriate) their delivery.

9.3. If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us as soon as possible and at your own cost (unless on receipt of the goods we consider that the Goods are faulty, whereupon we will refund or re-credit you with the cost of returning the goods to us) in their original packaging, complete with any related accessories or instruction booklets, together with the duly completed Return Voucher and the original invoice, to the following address: HELDER vof, Provinciestraat 100, 2018 Antwerpen, Belgium

For your protection, we recommend that you use a recorded delivery service.

9.4. If you do not return the Goods as required under these Conditions, we will charge you a sum not exceeding the direct cost of recovering those Goods.

9.5. We will refund or re-credit you after we have received the returned Goods and at the latest within 30 days for any sum that has been paid by you or debited from your credit card for the Goods. Alternatively, we are happy to exchange the Goods you have ordered.

9.6. No refund will be offered for Goods that are returned by the Customer incomplete, damaged or soiled.

10. Exchange of Goods

10.1 We operate an exchange policy for our customers in respect of items delivered, subject to the following conditions:

Within 30 days following the date of delivery, you may choose to:

10.1.1 Return the items in question, in their original packaging, complete with any related accessories or instruction booklets, and the original invoice to the following :

HELDER vof, Provinciestraat 100, 2018 Antwerpen, Belgium. It is your responsibility to obtain proof that the goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. The cost of returning the goods shall be borne by you. No new delivery can take place until we have received the returned goods from you.

10.2 Whichever option you choose, incomplete, damaged, worn or soiled items will not be exchanged.

10.3 In the event that goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale and a credit note will be issued to you. Any additional payment will be debited directly from your credit card.

10.4 In the event that goods are exchanged by post, the new sale will be subject to these Conditions.

11. For complaints or further information

For complaints and further information, please contact us:

by phone: +32 (0) 3 289 43 18 (local rate)
by mail:
by letter: Helder vof, Provinciestraat 100, 2018 Antwerpen, Belgium

or contact the European Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

12. Intellectual property rights

The “Helder” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of HELDER vof whose registered office is Provinciestraat 100, 2018 Antwerpen, Belgium

Registered with the “Kruispuntbank van ondernemingen (KBO) Belgie”under number 0831302074

VATnr: BE0831.302.074

Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

13. Delay or failure to perform

We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.

We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and a refund will be made in accordance with clause 9 of these Conditions.

14. Use of your information

The holding and using of personal information provided to HELDER vof is governed by the Legal Notice posted on the Website. Please read this Legal Notice to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Legal Notice.

All comments, queries or requests relating to our use of your information are welcome and should be addressed to