Terms of service
Contents
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Exercising the right of withdrawal and return costs
Article 9 – Obligations of the trader upon withdrawal
Article 10 – Exceptions to the right of withdrawal
Article 11 – Prices
Article 12 – Statutory guarantee and conformity
Article 13 – Delivery and performance
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Liability
Article 17 – Force majeure
Article 18 – Privacy
Article 19 – Marketing communications
Article 20 – Applicable law and disputes
Article 21 – Additional provisions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Trader: PATRICE FRANSEZ, the business offering products through the online store.
Consumer: a natural person acting for purposes outside their trade, business, craft or professional activity.
Distance contract: an agreement concluded between the trader and the consumer under an organised distance sales system, without the simultaneous physical presence of the parties.
Cooling-off period: the statutory period during which the consumer may exercise the right of withdrawal.
Right of withdrawal: the consumer’s statutory right to withdraw from a distance contract within the cooling-off period.
Day: calendar day.
Durable medium: any means that allows information addressed personally to be stored and accessed unchanged for an appropriate period, such as email.
Article 2 – Identity of the trader
Trading name: PATRICE FRANSEZ
Business address: Koolmijnlaan 146/1, 3550 Heusden-Zolder, Belgium
Telephone: +32 486 93 98 58
Email: info@patricefransez.com
VAT number: BE0538.692.468
Visiting address Netherlands: Zwartjanstraat 57A, 3035 AL Rotterdam, Netherlands
More company and contact information can be found in our Legal Notice.
Article 3 – Applicability
These Terms and Conditions apply to every offer made by PATRICE FRANSEZ and to every agreement concluded through our online store between PATRICE FRANSEZ and a consumer.
Before entering into the agreement, the consumer will be given the opportunity to review and save these Terms and Conditions.
Mandatory statutory consumer rights remain applicable at all times. No provision of these Terms and Conditions is intended to limit the consumer’s statutory rights.
Article 4 – The offer
We aim to display our products, prices, characteristics and available variants as clearly and accurately as possible.
Product images are for illustrative purposes. Due to differences in screens, lighting, packaging changes or production, colours and external details may differ slightly from what is shown on the website.
Obvious errors, typographical, pricing or technical mistakes do not bind PATRICE FRANSEZ where it is reasonably clear that an error has occurred.
Article 5 – The agreement
The agreement is concluded when the consumer places the order and satisfies the applicable conditions, except in circumstances where we may lawfully refuse the order.
After placing an order, the consumer receives an electronic confirmation of the order.
PATRICE FRANSEZ may refuse an order or carry out additional checks where there is a justified reason to do so, for example in the event of suspected fraud, misuse, an obvious error or payment problems.
Article 6 – Right of withdrawal
As a consumer, you generally have the right to withdraw from a distance purchase within 14 days without giving any reason.
For purchases of goods, the cooling-off period generally begins on the day after you, or a third party designated by you other than the carrier, receive the product.
More information about returns, our return procedure and any additional return benefits can be found in our Return and Refund Policy.
Article 7 – Consumer obligations during the cooling-off period
During the cooling-off period, the consumer must handle the product and its packaging with care.
The consumer may only handle and assess the product to the extent necessary to establish its nature, characteristics and functioning, comparable to what would reasonably be possible in a physical store.
If a product has been used beyond what is necessary to establish its nature, characteristics and functioning, the consumer may be liable for the resulting diminished value, to the extent permitted by law.
Article 8 – Exercising the right of withdrawal and return costs
If you wish to exercise the right of withdrawal, you must clearly inform us within the statutory cooling-off period that you wish to withdraw from the agreement.
You may use our online return form or the statutory model withdrawal form. Use of these forms is not mandatory; you may also inform us of your withdrawal in another clear and legally valid manner.
After notification of withdrawal, the goods must be returned within the period prescribed by law.
The applicable terms and any return costs or free return options vary depending on the country and the applicable return conditions. The current conditions can be found in our Return and Refund Policy.
Article 9 – Obligations of the trader upon withdrawal
Where the consumer validly withdraws from the agreement, we will refund the amounts that must be refunded under applicable law, including, where applicable, the standard cost of the original delivery.
The refund will be made no later than within the statutory period of 14 days after we have been informed of the withdrawal.
For a sales contract, we may withhold the refund until we have received the goods or until the consumer has provided evidence that the goods have been returned, whichever occurs first.
The refund will generally be made using the same payment method used for the original transaction, unless otherwise agreed and to the extent permitted by law.
Article 10 – Exceptions to the right of withdrawal
The right of withdrawal does not apply where a statutory exception applies. This may include, among other things:
- goods made to the consumer’s specifications or clearly personalised for a specific person;
- goods that are liable to deteriorate rapidly or have a limited shelf life, where the statutory conditions for this exception are met;
- sealed goods that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery, where this statutory exception genuinely applies to the product concerned;
- other circumstances in which applicable law expressly excludes the right of withdrawal.
An exception to the right of withdrawal will not be applied more broadly than permitted by law. For our practical return conditions, please consult the Return and Refund Policy.
Article 11 – Prices
Prices displayed to consumers in the online store include applicable VAT unless expressly stated otherwise.
Any shipping costs and other applicable charges will be displayed before the order is finally placed.
Prices and offers may be changed. A price change does not affect an agreement that has already been validly concluded, except in the event of an obvious error or where the law provides otherwise.
Article 12 – Statutory guarantee and conformity
Consumer goods are covered by the statutory guarantee of conformity. For new consumer goods, this statutory guarantee generally lasts 2 years from delivery in accordance with applicable Belgian law.
PATRICE FRANSEZ warrants that delivered products comply with the agreement and the statutory conformity requirements.
The statutory guarantee applies independently of any additional commercial guarantees and cannot be restricted by these Terms and Conditions.
If you believe that a delivered product is non-conforming or defective, please contact us as soon as possible and no later than two months after discovering the defect. Please include your order details and provide a clear description of the problem.
Article 13 – Delivery and performance
We handle orders with the greatest possible care. Delivery will be made to the delivery address provided by the consumer when placing the order.
Information about available delivery countries, shipping methods, delivery times, Track & Trace and uncollected or returned parcels can be found in our Shipping Policy.
Stated delivery times are indicative unless a binding delivery period has expressly been agreed. Statutory consumer rights in the event of late delivery remain fully applicable.
Article 14 – Payment
Payment is made using the payment methods made available during checkout in the online store.
The consumer is responsible for providing accurate information necessary to process the payment.
More information about the available payment options can be found on our Payment Methods page.
Article 15 – Complaints procedure
Do you have a complaint about a product, order or our services? Contact us at info@patricefransez.com or through our contact page.
Describe the complaint as fully as possible and include your order number where relevant. We aim to respond substantively to complaints within 14 days of receipt. If more time is required, we will inform you.
If we are unable to resolve a consumer dispute together, the consumer may refer the matter to a competent out-of-court dispute resolution body, including in Belgium the Consumentenombudsdienst, where it has jurisdiction over the relevant dispute.
Article 16 – Liability
PATRICE FRANSEZ is liable in accordance with applicable statutory provisions.
Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is not permitted under mandatory law.
The consumer remains responsible for using products in accordance with the information, warnings and instructions for use provided with the product.
Article 17 – Force majeure
PATRICE FRANSEZ is not liable for delays or failures resulting from circumstances beyond our reasonable control, to the extent and for as long as these circumstances qualify as force majeure under applicable law.
This does not affect mandatory statutory consumer rights.
Article 18 – Privacy
Personal data is processed in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
More information about the processing of personal data can be found in our Privacy Policy.
Article 19 – Marketing communications
Accepting these Terms and Conditions does not automatically mean that you consent to marketing communications.
If you separately subscribe to our newsletter or other marketing communications, we process your data in accordance with applicable privacy and marketing legislation. You may unsubscribe at any time using the unsubscribe option included in the relevant communication.
Article 20 – Applicable law and disputes
Agreements with PATRICE FRANSEZ are governed by Belgian law, insofar as this choice of law does not deprive a consumer of the protection afforded by mandatory provisions of the law that would apply in the absence of this choice of law.
Disputes will be handled by the court having jurisdiction under applicable law. This provision does not limit the consumer’s right to use other legally available methods of out-of-court dispute resolution.
Article 21 – Additional provisions
If any provision of these Terms and Conditions is found to be wholly or partially invalid or unenforceable, the remaining provisions will remain in force to the extent legally possible.
Additional or deviating agreements may not prejudice mandatory statutory consumer rights.
The most recent version of these Terms and Conditions is available on this website.