Article 1: General provisions
The e-commerce website of https://shop.portofantwerpnightmarathon.com/ offers its customers the opportunity to purchase the products from its webshop online.
These General Terms and Conditions (“Terms”) apply to any order placed by a visitor to this e-commerce website (“Customer”). Placing an order through the webshop https://shop.portofantwerpnightmarathon.com/ implies that the Customer has consulted these Terms and explicitly accepts the applicability of these Terms, to the exclusion of all other terms. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by ENERGY NV.
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other duties or taxes that are obligatory to be borne by the Customer. If delivery, reservation, or administrative costs are charged, this will be stated separately.
The indication of price only refers to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains clerical errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind ENERGY NV. ENERGY NV is only bound by an obligation of means for the correctness and completeness of the information provided. ENERGY NV is under no circumstances liable in the event of clerical errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance. The offer is valid while stocks last and can be adjusted or withdrawn by ENERGY NV at any time. ENERGY NV cannot be held liable for the unavailability of a product.
Article 4: Online purchases
The Customer can choose between the following payment methods:
° credit card
° debit card
Article 5: Delivery and execution of the agreement
Items ordered through this web store are delivered in the BENELUX region. Delivery is done by BPost.
Unless otherwise agreed, the goods are delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage and/or qualitative shortcoming of an article or other shortcoming in delivery must be reported immediately by the Customer to ENERGY NV. The risk of loss or damage transfers to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods.
However, the risk already passed to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by ENERGY NV.
Article 6: Retention of title
The delivered items remain the exclusive property of ENERGY NV until full payment has been made by the Customer. The Customer undertakes, if necessary, to inform third parties of ENERGY NV’s retention of title, for example to anyone who would seize the articles not yet fully paid for.
Article 7: Right of withdrawal
The consumer can dissolve an agreement with regard to the purchase of a product during a cooling-off period of 14 calendar days without giving reason, for the purchase of physical products.
Registration for a virtual event falls within the services referred to in Art. VI. 53, 12° WER for which the right of withdrawal is excluded.
Article 8: Warranty
Pursuant to the law of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of purchase by (if applicable, delivery to) the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of goods.
For articles purchased online and delivered to the Customer’s home, the Customer must contact firstname.lastname@example.org in advance, after which the Customer must return the article to ENERGY NV at his own expense.
In determining a defect, the Customer must inform ENERGY NV as soon possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been established. Afterwards, any right to repair or replacement lapses.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which is was designed, non-compliance with the instructions for use or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Nor does it apply to articles with a shorter lifespan, or wear parts. Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable, delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
The warranty is not transferable.
Article 9: Customer service
The ENERGY NV customer service can be reached via email at email@example.com. Any complaints can be directed to this address.
Article 10: Affecting validity – non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by ENERGY NV to enforce or exercise any of the rights listed in these Terms and Conditions will never be considered a waiver of such provision and will never affect the validity of these rights.
Article 11: Change of Terms
These Terms are supplemented by other conditions to which explicit reference is made, and the General Terms and Conditions of sale of ENERGY NV. In the event of a conflict, these Terms and Conditions will prevail.
ENERGY NV can always change these Terms without further notice. Any purchase after the change constitutes acceptance by the Customer of these new Terms.
Article 12: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 13: Applicable law – Competent court
Belgian law applies to these General Terms and Conditions. In the event of a dispute regarding these General Terms and Conditions, only the courts of the legal area of the registered office of ENERGY NV have jurisdiction.