General Terms & Conditions

General Conditions/Terms

For the purpose of these general terms of sale, the term “Seller” shall mean the Company Louis De Poortere as mentioned on the reverse side of this document.

Contents: 

• Article 1 - Definitions
• Article 2 - Corporate Identity/Entrepreneur
• Article 3 - Relevance
• Article 4 - Order Confirmation
• Article 5 - Liability
• Article 6 - Verification of the damaged goods caused by transport
• Article 7 - Retention of title
• Article 8 - Claims and return of goods
• Article 9 - Right of Withdrawal
• Article 10 - Withdrawal Costs
• Article 11 - Conformity and Guarantees
• Article 12 - Delivery and Execution
• Article 13 - Payments
• Article 14- Complaints
• Article 15- Disputes
• Article 16- Additional and Different Provisions

Article 1 – Definitions 

In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Buyer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Seller: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

Article 2 - Corporate Identity/Entrepreneur 

De Poortere Deco SA
Rue de la Royenne 45b -- 7700 MOUSCRON
+32 56 393 300
[email protected]
BE 0469.295.896

Article 3 - Relevance

These general conditions/terms apply to any offer of the Seller and to every finalized distance agreement between Seller and Buyer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the Buyer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the Seller and on request of the Buyer these general conditions/terms shall be sent to the Buyer as soon as possible without extra costs.

If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the Buyer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the Buyer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.

For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the Buyer.

 

Article 4 - Order Confirmation 

Upon reception of the order confirmation, the Buyer must check if all the details are correct, and in the event of an error the Buyer must inform the Customer Service accordingly. Complaints will be registered and progressed based only on the details of the order confirmation. 

Order cancelation is possible without any costs until the ordered products are shipped. Once the products are sent the Buyer will have to pay for transport costs.

Article 5 - Liability 

Under no circumstances shall the Seller be liable for the defects caused by bad sotrage, handling by the Buyer, abnormal use of the goods, or transformation of the material due to climate conditions. Without prejudice to the above, the Seller's liability for damages arising from the delivered goods is in any case limited to the price of the goods, excluding damages. In case of resale of the goods, processed or not, the Buyer shall, with respect to his own purchasers, restrict his liabililty for damages arising from the delivered goods to the value of the delivery.

Article 6 - Verification of the damaged goods caused by transport

The Buyer must verify the packing of the goods before accepting the delivery. If the packing is damaged, the Buyer must indicate it on the documents before signing for acceptance. All damages claimed to the forwarder will only be taken into account, on the condition that they have been recorded beforehand on the delivery documents (CMR). INSPECTION BEFORE INSTALLATION: Before cutting and installing, the Buyer must inspect the carpet visually. Claims for visible manufacturing defects will be refused after cutting or installation. RECORDING OF A CLAIM: The Buyer must register a claim before handling, cutting and installation of the carpet, by completing an official Claim Form, which is available on request. To be valid, all claims must be registered by the Buyer within seven days of receipt of the goods, except in the case of hidden manufacturing defects (12 months). The Seller will guarantee against hidden manufacturing defects for a maximum period of 12 months from the date of invoice. 

Article 7 - Retention of title

The delivered goods shall remain the Seller’s property until the invoice is fully paid or until the cheque for payment or the bill of exchange, issued in payment of the invoice, is cashed. The same applies in case of partial deliveries and partial payments. Notwithstanding the above, the risks of goods sold pass onto the Buyer at the time of delivery. Down payments might be kept in order to cover the possible losses due to resale. As far as possible under the applicable law, the retention of title also applies for delivered goods that are transferred to third parties. If according to the law, the retention of title disappears with the transfer of the goods to third parties, the Buyer here and now assigns to him all the accounts receivable resulting from the resale as guarantee or pledge. As far as possible under the applicable law, the retention of title also applies for delivered goods that are transformed into other goods. The transformation of the goods, to which the retention of title applies, is carried out for the account of the Seller. If the goods with retention of title are transformed with other goods not belonging to the Seller, the Seller acquires the co-ownership of the new goods in the proportion of his share in the goods with retention of title, calculated on the total value of the new goods. 

Article 8 - Claims and return of goods

• TRANSPORT: The Seller will not accept a claim for damage caused by transport, if these damages are not mentioned and described by the Buyer on the transport documents (CMR), at the moment of the acceptance of the delivery.

• FAILURES: The Seller will not take into account claims for missing goods and/or shortages, if these claims were not registered with the Sellers’ Customer Service Department within seven business days following their receipt. 

• VISIBLE DEFECTS: The delivered goods must imperatively be inspected visually before cutting and/or installation, in order to identify any apparent defects. The acceptance of the goods at the time of delivery implies their conformity, the visible absence of defect and covers any visible defect. Any complaint, to be valid, must be made in writing to the Seller at the latest within one month from the receipt of the goods. The defective goods cannot be returned by the Buyer without prior and explicit agreement by the Seller, and will have to be correctly packed in order to preserve their quality during the return transport. 

• SHADING (PILE REVERSAL): All cut pile carpets are liable to shading which is a permanent local change in pile direction. Shading creates effects of shades (gleaming) to the carpet. This is not caused by a manufacturing defect. The Seller cannot therefore accept any responsibility or complaints if this effect occurs. 

• HIDDEN DEFECTS: The Buyer can issue a claim for hidden defects during a period not exceeding 12 months after the delivery date. To be valid, the hidden defect will have to be verified locally by a technician designated by the Seller. If an appropriate solution makes it possible to solve the problem arising from the hidden defect, the Seller will have the opportunity to send a technician at his expenses to solve the problem. In the case where a replacement of the carpet is required, the Seller will only take the liability for the cost of the goods and their transport. The Seller will by no means be liable for the expenses for the removal of the defective goods and the installation of the new goods. The warranty of the Seller will in no case exceed the value of the invoiced goods. The Seller cannot guarantee that the new goods will come from the same manufacturing batch as the defective goods. The Seller will not accept any claims related to the following elements: static electricity, spots caused by the use of inadequate cleaning products, use not corresponding to the technical description of the goods and its normal use, all defects relating to goods bought as second choice or with reduced value. This list is indicative and non-limiting. 

Article 9 - Right of Withdrawal  

Deliverance of products:

After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.

During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.

Article 10 - Withdrawal Costs  

If the consumer executes the right of withdrawal, he will have to pay no more than the costs of transport of the product.

If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14  days after the repeal or after the return shipment.

Article 11 - Conformity and Guarantees 

The Seller ensures that the products measure up to the agreement, ensures the in the offer mentioned specifications. If agreed the Seller also ensures that the product is suitable for other than normal use.

A guarantee provided by the Seller does nothing to alter the rights and claims which the Buyer under the agreement can put forward against the entrepreneur.
 

Article 12 - Delivery and Execution  

To ensure you get your order as soon as possible we ship all orders within 24 hours of payment from Monday to Friday if the ordered products are in stock.

1. Export countries: a lot of countries
2. Shipping time: 6 weeks if not in stock
3. UPS is our official transport partner but we also use TNT for some countries
4. You receive a tracking number when your order has been sent. Please wait 12 hours before the information can be updated.
5. Delivery during the weekend is not possible
6. As soon as your order has left Louis De Poortere, it is out of our control. For questions about delivery please contact UPS with your tracking number as reference.
7. It is possible to simulate the costs of delivery by clicking in your shopping cart. 
8. Louis De Poortere is not responsible for damage or loss while in transport. If you receive a damaged product, you should report this by email within three days. You can send this email to: [email protected] 

Article 13 - Payments 

Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. 

The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.

In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
 

Article 14 - Complaints  

The Seller features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within 7 days of delivery submitted to the Seller after the Buyer has observed the defects.

The complaints submitted to the Seller will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the Seller will answer within 14 days an acknowledgement and an indication when the Buyer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
 

Article 15 - Disputes 

Belgian law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

Article 16 - Additional and Different Provisions  

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.