- General Conditions
1. INDENTITY OF THE VENDOR
www.houseoluv.com (hereinafter referred to as the “Website”) is owned and managed by Adikta SPRL (hereinafter referred to as “Adikta”), established in 2610 Antwerp (Belgium), Kwikstaartlaan 7, registered with the BCE under number 0477 173 781
2. SCOPE OF APPLICATION
2.1. The present General Conditions apply to all distance contracts concluded between Adikta and the Buyer.
2.2. Before concluding a distance contract, the text of these General Conditions shall be made available to the Buyer.
2.3. One or more provisions of these General Conditions can be waived if explicitly agreed in writing by both parties. In that case, the other provisions of these General Conditions remain in full force.
2.4. The Buyer’s General Conditions will not apply, unless explicitly agreed upon in writing by Adikta.
2.5. Adikta reserves the right to modify or complete these General Conditions at any time. Changes will apply for all future orders.
2.6. By using Adikta’s website and/or by placing an order, the Buyer accepts these General Conditions and all rights and obligations as stated on the Website.
3. OFFERS AND CONCLUSION OF CONTRACT
3.1. Offers are valid as long as they are published on the Website and the manufacturer is able to deliver these products.
3.2. When the Buyer places an order on the Website, he receives by e-mail “Order Receipt” containing the summary of his order and the amount due. Once the order has been checked and the due amount has been received, an order confirmation is sent by e-mail to the Buyer. The contract is concluded at the moment when the order confirmation is handed over or sent by e-mail to the Buyer.
3.3. The Buyer and Adikta agree that a valid contract may be concluded by way of electronic communication. So, the lack of written signature does not affect the binding nature of the offer and its acceptance. Adikta’s electronic files apply here as a presumption of proof, as far as the law allows this.
3.4. All information, images, oral communications, statements etc. regarding the offers and the main characteristics of the products, published on the Website or sent by e-mail, are provided or done as accurately as possible but are not contractual. Adikta shall thus not be held liable for any imprecision between an image or characteristic and the real product.
3.5. Adikta reserves the right to refuse any order without giving reason.
4.1. Adikta will use its best efforts to ensure a smooth handling of all orders.
4.2. Delivery will be made to the address indicated by the Buyer on the Website, unless otherwise stipulated.
4.3. The Buyer will be notified if delivery is delayed because a Product is (temporary) out of stock, or for any other reason. The Buyer will also be notified if an order cannot entirely or partially be executed. Except for sales to Professional Buyers, the Buyer can decide whether or not to cancel his order.
4.4. As soon as the products have been delivered to the indicated delivery address, the risk regarding these products is transferred to the Buyer.
4.5. Adikta has the right to deliver the goods in split shipments (partial deliveries).
4.6. The Buyer acknowledges that, for the delivery of the goods, Adikta depends on the Buyer’s cooperation. The Buyer must, among other things, ensure that the delivery address is freely and easily accessible.
4.7. If the Buyer refuses the goods or fails to take the necessary action for the delivery of the Products, Adikta has the right to terminate the contract with immediate effect, to dispose of the goods and to recover from the Buyer any loss and/or cost incurred by such refusal or failure, (including but not limited to storage costs, starting from the scheduled delivery date).
4.8. If the Buyer provided to Adikta or to the shipping company inaccurate information or failed to give important information regarding the delivery and, as a result hereof delivery cannot be made as initially scheduled, any additional costs incurred are to be borne by the Buyer, including possible storage costs or costs for returning the items to the shipping company’s warehouse. If a new delivery is scheduled, the costs will be borne by the Buyer.
4.9. If the Buyer has to pay additional delivery costs (e.g. lift rental) directly to the shipping company and the Buyer is not able to pay these costs, the shipping company may refuse to deliver the goods. In that case, the Buyer shall bear all costs. (cf. article 4.8).
5.1. All contracts are established in Euros and include VAT (except for intra-community sales to legal persons).
5.2. Prices indicated on the Website in other currencies than Euro are for information purposes only.
5.3. Princes indicated on the Website do not include packaging and shipping costs.
5.4. The Buyer shall pay the price indicated in the “Order Receipt”, mentioned in article 3.2 of these conditions. Adikta can correct, even after conclusion of the contract, obvious (manipulation) errors in the price such as obvious inaccuracies.
5.5. The Buyer will be clearly informed of the delivery costs.
6. PAYMENT AND RECOVERY COSTS
6.1. The following payment methods are accepted for all orders placed on the Website:
- Wire transfer
- Credit card (Visa, Mastercard, American Express)
- Debit card
6.2. Adikta has the right to add/modify the accepted payments methods. New payment methods will be communicated via the Website.
6.3. Adikta uses the secure Ogone payment platform in order to guarantee a safe processing of online payments and the protection of all personal data. Ogone is certified Payment Cart Industry (PCI) and Data Security Standard (DSS) compliant and all transaction data are encrypted and forwarded through the Secure Sockets Layer (SSL).
6.4. In case Adikta grants payment terms to a Professional Buyer or accepts deferred payment after delivery, the Professional Buyer will be deemed in default upon expiry of the agreed date of payment, without prior formal notice. Payment terms can only be agreed upon by writing, under well-defined conditions. In case of non-payment, the vendor has the right to refuse to deliver the goods.
6.5. If the Buyer decides to pay by credit card, the conditions of the credit institution in question will be applicable. Adikta is not a party to the contract between the Buyer and the credit institution.
6.6. In case of non-payment or delayed payment, the Buyer shall be liable, ipso jure, and without prior formal notice, for interest charges from the due date to the date of payment at the rate of 10% per annum on the outstanding balance. The Buyer will also pay a fixed compensation equal to 10% of the invoiced amount, with a minimum of EUR 150.
6.7. All costs (judicial or not) incurred by Adikta in case the Buyer does not comply with his obligations (in particular payment obligations) shall be borne by the Buyer, including possible storage costs.
6.8. In case of non-payment or delayed payment, Adikta has the right to terminate the contract with immediate effect or to suspend all (future) deliveries until the Buyer has fulfilled all his obligations, including the payment of all interests and charges.
7. RIGHT OF WITHDRAWAL (EXCLUSIVELY FOR PRIVATE CONSUMERS)
7.1. In accordance with the Belgian law of 6 April 2010 regarding market practices and consumer protection (hereinafter « LPMC »), the Buyer may return the purchased goods within fourteen (14) days following the delivery date, without paying any fine nor stating any reason.
7.2. The Buyer cannot exercise his right of withdrawal if the product is incomplete or not in its original packaging. The Buyer can only exercise his right of withdrawal if the purchased product is complete, undamaged and unused. The product shall be returned with all documents, proof of warranty and original packaging. Before exercising his right of withdrawal, The Buyer has to notify the Vendor in writing, by letter or by e-mail, within 14 days after delivery. Once Adikta has accepted his demand, the Buyer shall return the goods within 14 days after the acceptance for returning the goods. The charges for returning the item are to be borne by the Buyer.
7.3. If the Buyer refers to the right of withdrawal as mentioned in the previous paragraph, Adikta will refund the amount of the returned goods by wire transfer on the bank account provided by the Buyer, within fourteen (14) days following reception of the returned item(s).
7.4. Adikta shall not be held liable for damages – including theft or loss – resulting from returning the packaging or the product.
7.5. In accordance with article 47, § 4, LPMC, the Buyer cannot refer to the right of withdrawal for products that are custom-made according to the Buyer’s specifications.
7.6. If the returned products are damaged, incomplete or if they show signs of wear, Adikta reserves the right to refuse the refund. In such case, the product remains property of the Buyer who shall take possession of the product within two (2) weeks. Upon request from the Buyer, the product can also be delivered (at the Buyer’s own expense). All additional costs, including storage costs, are also to be borne by the Buyer
8. LOYALTY PROGRAM
8.1. Buyers on our Website may join our loyalty program that is activated once the Buyer has created a user account.
8.2. Our loyalty program allows the Buyer to accumulate credits, the Luv Credits, while purchasing products on the Website and to use them in any subsequent purchase. The Luv Credits are valid for a period of one year from the “Acknowledgement receipt” date of the purchase that allowed the Buyer to earn Luv Credits. The accumulated Luv Credits cannot be exchanged against cash.
8.3. In case the Buyer receives a total refund for a purchase, he will automatically lose all the Luv Credits earned when making that purchase.
8.4. In case the Buyer receives a partial refund for a purchase, the number of Luv Credits will be recalculated based on the amount that was not refunded. The Buyer loses the Luv Credits corresponding to the difference between the number of initially granted Luv Credits and the new calculated amount.
8.5. In case a purchase "B" is made using Luv Credits that had been partly or totally earned through purchase "A" and the item for which these Luv Credits have initially been granted (purchase "A") is subsequently returned and then reimbursed to the Buyer, the number of Luv Credits used for purchase B will be deducted from the refund.
8.6. If a Buyer uses Luv Credits to pay a purchase, the refund will be made in Luv Credits.
9. RETENTION OF TITLE
9.1. Delivered goods remain the property of Adikta until full and unconditional payment of all due amounts, including costs, interests and compensations.
9.2. The Buyer shall not charge, sell, deliver to a third party, pledge, or otherwise encumber the goods while they remain the property of the Vendor.
10. TRANSFER OF RISK
10.1. Shipping is performed at Adikta’s risk. The return of the goods is made at the Buyer’s risk.
11. WARRANTY (ONLY FOR PRIVATE CONSUMERS)
11.1. The Products delivered by Adikta benefit from the legal consumer warranty period of two (2) years). If the delivered product is not compliant with the contract, the Buyer shall notify Adikta within a period of two (2) months after non-compliance has been discovered. Buyers have rights as defined in articles 1649 bis to 1649 octies of the Civil Code.
11.2. Without prejudice to the provisions of this article, all warranty rights are nullified if:
- Damage is a result of normal wear and tear;
- Changes were made on the purchased Product, including repair, without the written authorization of Adikta or the manufacturer;
- The initial invoice can not be produced, has been modified or is unreadable;
- Damage results from misuse of the Product;
- Damage was caused intentionally, by negligence or lack of maintenance;
- In view of the specific characteristics of each screen type, a colour occurs between the colour of the product and the colour that appears on the Website;
11.3. If a faulty product is no longer under warranty and needs to be repaired, the Buyer will be informed of the amount of the repair costs. If the Buyer does not explicitly agrees in writing upon those repair costs, he can receive the product back after payment of the research costs. If the Buyer did not pay the research costs after a period of six month upon receipt of the quotation, the Product becomes property of Adikta.
12. COMPLAINTS PROCEDURE
12.1. The delivery, except for defects that are not visible upon reasonable inspection, shall be deemed accepted unless defects are on a duly substantiated manner reported to Adikta by registered letter within a period of seven (7) days after delivery. In case of partial deliveries, this rule applies for each separate delivery.
12.2. The Buyer cannot suspend his commitment of full payment by filing a complaint within the above term. In that case, the Buyer remains obliged to collect the goods and to full payment of all other ordered goods.
12.3. If a defect is not reported to Adikta within the above term, the Buyer loses all rights to repair, replacement or compensation.
12.4. If it appears that the Buyer’s complaint was unfounded, costs incurred by Adikta, including research costs, will be entirely borne by the Buyer.
12.5. After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and transport costs, will be borne by the Buyer.
By way of Alternative Dispute Resolution measure, the Service de Médiation des Consommateurs of the SPF Economie has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: www.mediationconsommateur.be/en.
In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: ec.europa.eu/odr
13. FORCE MAJEURE
13.1. In case of force majeure, Adikta shall not be held by its obligations towards the other party. Adikta has the right to suspend its obligations for the duration of the state of force majeure.
13.2. Events of force majeure are all circumstances external to Adikta’s will that render the respect of its obligations towards the other party completely or partly impossible. Such events include amongst others strikes, lock-outs, labour conflicts, fire, technical incidents, energy breakdown, disruption of communication networks, (telecommunication) lines or systems and/or the temporary down-time of the Website, late delivery or absence of delivery by subcontractors or other third parties and the absence of any required licences.
14. INTELLECTUAL PROPERTY
14.1. The Buyer explicitly acknowledges and accepts that all intellectual property rights on published information, communications or other declarations regarding the Products and/or the Website are and remain property of Adikta, its subcontractors or third-party beneficiaries.
14.2. Intellectual property rights include amongst others copyright, patents, trademark, drawings and models and/or any other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, even if these are not subject to patent protection.
14.3. The Buyer shall not use and/or change any of the intellectual property rights as described in this article, including reproduction without prior written authorization by Adikta, its subcontractors or third-party beneficiaries, other than for private use of the goods themselves.
15. APPLICABLE LAW AND COMPETENT COURTS
15.1. All offers and contracts are exclusively governed by Belgian law.
15.2. The application of the Vienna treaty[BA14] is explicitly excluded.
15.3. Notwithstanding the rights of consumers, all disputes related to or resulting from Adikta’s offers or agreements entered into, are subject to the jurisdiction of the courts of Brussels.
16. FINAL PROVISIONS
16.1. No omission or negligence of either party to enforce or comply with the terms or conditions of this Agreement, shall constitute a waiver of such provisions or conditions.
16.2. If any provision of these General Conditions is found to be unlawful, void or, for any reason unenforceable, this shall not affect the validity and enforceability of the other provisions. These General Conditions constitute the whole contract entered into between the Buyer and Adikta.
16.3. For any additional questions or comments regarding these General Conditions, please contact us at the following address: Adikta Bvba, Kwikstaartlaan 7, 2610 Antwerp, Belgium or by e-mail at: firstname.lastname@example.org.
We collect the following data: your name and first name, your contact details (e-mail address, telephone number, home address, additional delivery address and the IP address of your computer or network connection.
We collect your personal data only for the following purposes:
- Process your order and update our customer management database
- Collect anonymous statistics about website visitors
- Direct marketing
- Technical management of our website
Your personal data remain strictly confidential and will not be disclosed to third parties or used for direct marketing purposes by third parties.
Upon request and in case of serious violations of rules of conduct, personal data can be disclosed to the competent judicial authorities.
Your personal data are stored for the period that is necessary for above-mentioned purposes.
You can always consult your personal data free of charge, amend or modify them by sending us an email or a letter. Please always add a copy of your ID card, so we can verify your identity.
You can choose not to provide your personal data to us. However if you do not provide such information, you will not be allowed to use certain services. We draw your attention to the fact that you are solely responsible for the accuracy of the information you provide to us.
We have implemented appropriate organizational and technical security measures to avoid the destruction, loss, forgery, alteration, unauthorized access, accidental disclosure to third parties as well as all other forms of unauthorized processing of your personal data.
We shall not be held liable for any direct or indirect damage resulting from incorrect or unlawful processing of your personal data by third parties.
It is therefore essential that you comply with the safety regulations and that you never reveal your username and password to third parties. You are responsible for the visits to our website from your computer or IP address and for your identification data and the related confidentiality.
- Cookies Policy
These cookies and similar technologies however do not allow us to collect your personal data and to identify you. They help us improve the functionality of our website, analyse your user behaviour and measure the relevance of the content of our website.
Recent changes in the EU cookie law oblige all websites that are running in certain EU countries to obtain your consent in order to use or store cookies and other similar technologies on your computers or mobile devices.
2. WHAT IS A COOKIE?
A “cookie” is a small file of letters and numbers that is stored on your computer’s browser or hard disk. These cookies allow us to remember your user preferences each time you visit our website.
Unless you have changed your browser settings so that they block the cookies, our website will send cookies to your browser at each visit.
3. TYPES OF COOKIES
Cookies can be categorised based on their origin, functionality and lifetime.
- First party cookies – are set by the domain of the website you are visiting (e.g. www.houseoluv.com)
- Third-party cookies – are set by a third party domain. If you visit a website and receive cookies from third party websites or domains, these are called third-party cookies (e.g. cookies set by Google, Twitter and Facebook)
- Functional cookies – ensure the smooth running of the website (e.g.: login, registration or language preference cookies). Functional cookies are first party cookies.
- Non-functional cookies – are set on the website for statistical, social, targeting or commercial purposes. The cookies set for statistical purposes record which pages of the website are visited, in which countries users are located, etc. The cookies set for social purposes allow users to share the content of the visited website on social networks. Targeting related cookies allow to build up users’ profile based on their surfing habits in order to deliver advertising tailored to their interests. Commercially related cookies collect data about the frequency and the kind of advertising that is delivered to the user. Non-functional cookies can be first party or third-party cookies.
- Persistent cookies – are saved on your hard disk for a long fixed period of time or until you delete them. They are activated each time you visit the website that has set that particular cookie (e.g.: cookies placed by Twitter or Facebook). Persistent cookies are generally non-functional.
- Session cookies – simplify the user’s usage of the website during a browser session. A browser session begins when the user opens his browser and ends when he closes the browser. Session cookies are temporary; they are deleted automatically as soon as you finish your browser session. Session cookies are generally functional.
4. YOUR CONSENT
If you wish to withdraw the consent you have given, you should delete the cookies by setting your browser preferences accordingly. For more information as to how to delete or block cookies, please check the following link www.aboutcookies.org.
5. CHANGE YOUR BROWSER SETTINGS
Please note that your browser settings also allow you to change your cookie preferences. These settings can be found in the « option » or « preferences » menu of your browser. To better understand those settings, please take a moment to consult following links or check the « Help » section of your browser:
6. MORE INFORMATION ABOUT COOKIES
The website www.allaboutcookies.org gives you more detailed information on the functioning of cookies.
The Internet Advertising Bureau (IAB) that gathers digital marketers has published useful information and advice on behavioural advertising and privacy www.youronlinechoices.eu
7. COOKIES USED ON HOUSEOLUV.COM
- HOLSettings: Settings kept for up to 1 year after the last visit. Includes language, country and currency preferences
- .HOLAuth: Authentication information required to identify a logged in visitor.
- ASP.NET_SessionId: Settings which will be discarded once the current session ends. Includes settings required to render overviews in the same "random" order each time
- __RequestVerificationToken: Technical session cookie