The e-commerce site www.forbedeurope.com (the 'Site') are online site selling furniture ,Mattresses ,pillows, cover sheets, beds and accessories under the '
brand (the 'Product') which belong to Forbed Europe sprl, whose registered office are at Rue Felix De Cuyper 60, 1070 Anderlecht, Belgium, company registration no./TVA: BE 0645.806.303, tel. +32 2 521 58 72.
Internet users wishing to buy Forbed Europe sprl products are referred to in these General Terms and Conditions as 'the customer'.
By ordering any product offered on the site, the customer is presumed to have consulted the General Terms and Conditions as set out in Article 2 and accepted them expressly.
Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
Article 1 - Scope of application
The present General Terms and Conditions govern the rights and obligations of the parties arising out of the online sales of products offered on sites belonging to Forbed Europe sprl, Belgium.
Although the sites are aimed at Belgium and E.U countries, Forbed Europe sprl provides all its services from Belgium, and the contract between the parties will be deemed to be performed in Belgium, dispatching to different countries.
These General Terms and Conditions apply to all products sold via the site, and prevail over any and all other terms and conditions on the part of Forbed Europe sprl or the customer. They may not be varied without Forbed Europe sprl 's express prior consent in writing.
Article 2 - Capacity in law and Acceptance
Anyone wishing to buy products from Forbed Europe sprl must have capacity to act in law. Should anyone be declared without capacity, they may not buy any products on Forbed Europe sprl 's site and so acquire the capacity of customers. They must then purchase via their lawful representatives.
The customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words clicking "Buy" I acknowledge that I have an obligation to pay for this item and agree with the general terms & conditions. The customer has been able to download and print these General Terms and Conditions.
Article 3 - Products
Products Forbed Europe sprl offers are those as they appear on the site at the time the customer implements their order subject to those products being available.
Forbed Europe sprl agrees to make every effort to deliver all orders.
Forbed Europe sprl cannot however be held liable for products not being available or for any losses which might arise as a result. Should one or more products in an order not be available, Forbed Europe sprl will inform the customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.
Should products be found to be unavailable and the Customer is informed of this but they have already paid for their products, Forbed Europe sprl will ask its bank to refund the amount paid immediately, informing the customer by e-mail accordingly. How fast the refund is actually made depends on how the customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Forbed Europe sprl will in any case make the refund within 30 days.
All products offered for sale on site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Forbed Europe sprl cannot accept any liability for any errors which may appear in the descriptions of the products or photographs, including slight variations in colors and dimensions.
Article 4 - Prices and Invoicing
Prices are those as shown on sites at the moment the customer places their order.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately, and the customer must pay them in addition to the purchase price. Any discount the customer is allowed will be deducted from the price separately.
Forbed Europe sprl reserves the right to vary selling prices and transport costs at any time, although the products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the products were available.
The customer agrees to Forbed Europe sprl sending its invoices electronically; but if the customer would like a hard copy invoice, they can simply request one via the contact form.
Products will remain Forbed Europe sprl's property until such time as the customer pays for them in full, i.e. until they pay the purchase price and costs in full.
Article 5 - Payment methods
Purchases from the site can be paid direct payment or online, by Visa, MasterCard, Maestro, Bancontact and Paypal. The Customer's bank account will be debited once the purchase has been confirmed. Should the customer's bank refuse payment, the order will be refused automatically.
The customer warrants they are authorized to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Forbed Europe sprl may refuse the order.
Forbed Europe sprl has no access to its customers' confidential payment details, nor does it keep them.
Forbed Europe sprl reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. Forbed Europe sprl may also refuse an order should the customer not have paid for a previous order, wholly or in part.
Article 6 - Ordering Products
Notwithstanding any evidence the customer may have in writing, it is expressly agreed that data registered in Forbed Europe sprl 's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the parties.
To place an order, the customer goes to the heading of their choice, chooses the quantity and size they wish to receive and then click on Add to cart. This puts the article selected in the shopping cart'. The customer can correct their order as long as they are in the shopping cart'. If the customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot now be changed.
The customer will be sent an initial e-mail confirming their order once they have made their purchase in any case. They will then get a second e-mail when their order is dispatched.
Article 7 - Deliveries
When confirming their order, the customer can choose delivery to a given address (home, work, or other).
Forbed Europe sprl will do its best to ensure that order is dispatched to that address within a few days of confirming the order or to be collected from Forbed Europe sprl stores.
Should the customer fail to receive his confirmed order, or should they be out when that delivery was made, the order will be returned to Forbed Europe sprl automatically, who will then contact the customer to arrange for the order to be delivered, in which case the customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the customer during the ordering process and then subject to the terms and conditions described therein.
Forbed Europe sprl reserves the right to split orders into one or more deliveries as products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the goods delivered.
Article 8 - Right to revoke and returns
Unless the site expressly state otherwise, the customer may notify Forbed Europe sprl within 14 calendar days of receiving the product that they wish to exercise their right to revoke without being liable to pay additional chargers and justification might be requested.
Should a customer notify Forbed Europe sprl that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the product as above.
In case product is not delivered in 30 days, customer has the right to retract himself without any cost. Payment must be refunded back on the same card it was paid with. No extra charges (no payments fees etc.).
If the product has already been delivered to the customer, the customer can exercise their right to revoke via the Contact form at the website.
The right to revoke in respect of products delivered only applies provided the product is also actually returned within fourteen calendar days of the customer notifying Forbed Europe sprl that they wish to revoke their purchase. Forbed Europe sprl will be aware of this as soon as the customer has completed the return request. The product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original tags and original sales invoice (of which the Customer retains one copy) and a completed return documents. Any returns for which the sender cannot be identified will be refused. After the fourteen calendar days, Forbed Europe sprl can no longer accept returns and will return them to the sender. Returns must be sent to the address below, which is also stated clearly on the return documents.
Forbed Europe sprl Rue Felix De Cuyper 60 1070 Anderlecht Belgium
Purchases will be refunded within 30 calendar days of Forbed Europe sprl receiving returns in good time, provided all conditions as specified above have been strictly complied with.
Article 9 - Statutory warranty
Forbed Europe sprl warrants that the products offered for sale do not suffer from any visible or latent defects which render the product impossible or dangerous to use.
They must get in touch via the contact form and follow the instructions on screen. The report will then be sent to Customer Service automatically; they can also be reached at info@forbedeurope.com
Under no circumstances does the warranty apply to products which are damaged intentionally or by the customer's negligence; nor does it apply if the damage is due to transport or incorrect use.
Customers can contact Customer Service if they have any queries as to the warranty, They can also be reached at info@forbedeurope.com
Article 10 - Intellectual property rights
All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the sites are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Forbed Europe sprl. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Forbed Europe sprl 's prior consent in writing. Such consent must be obtained in writing, unless Forbed Europe sprl itself has made it possible to share certain elements via social networks, in which case consent will be limited to the specific elements and social networks for which Forbed Europe sprl has made it possible to share them. Any infringements of this will be pursued in the courts.
Article 11 - Liability
Forbed Europe sprl cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the sites or of their being unavailable. It cannot be held liable for any damage to the customer's
systems incurred through visiting the sites including being hacked or computer viruses.
Forbed Europe sprl cannot be held liable for any errors which may be in photographs or text used in describing products on sites.
Forbed Europe sprl cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where Forbed Europe sprl is or could be held liable, Forbed Europe sprl 's liability will be limited to the amount the customer actually paid for the order concerned.
Article 12 - Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Brussels will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.
Article 13 - Contact and settlement of disputes
Should they have any queries concerning their purchases, customers can contact Forbed Europe sprl via the contact form available in the Contact' section of the Site.
Article 14 - Varying General Terms and Conditions of Sale and Nullity
Forbed Europe sprl may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.
Forbed Europe sprl reserves the right to vary the design and content of its website at any time.
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.
Article 15 Privacy policy - Protecting personal life and processing personal data
In using this site, you agree to accept the provisions of this privacy policy. Whenever you furnish information via this site, you agree to that information being gathered and used subject to this privacy policy.
Personal data obtained via this website are processed by Forbed Europe sprl , Rue Felix De Cuyper 60, 1070 Anderlecht, Belgium
We warrant that we will only use this data to manage the service, after-sales services and to send you information. You can call up your data and correct it and refuse to allow us to use your data to send you information. All you have to do is to request this in writing to the address above or to info@forbedeurope.com with each newsletter the addressee has the possibility to unsubscribe).
USING COOKIES
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