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General terms and conditions

Company details

Studio Congo BV
Commercial name webshop: E. DIERCK
Oulstbergstraat 3, 1570 Pajottegem, Belgium
info@e-dierck.be
+32 476 71 81 98
BE0628557822
Studio Congo BV, Oulstbergstraat 3, 1570 Pajottegem, RPR Ghent, department Dendermonde

Article 1: General provisions

The e-commerce website of E. DIERCK, a BV with registered office at Oulstbergstraat 3, 1570 Pajottegem, VAT BE 0628557822, RPR Ghent department Dendermonde, (hereinafter 'E. DIERCK') offers its customers the opportunity to purchase products from its webshop online.

These General Terms and Conditions ("Terms") apply to every order placed by a visitor of this e-commerce website (“Customer”). When placing an order via the webshop of E. DIERCK, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, to the exclusion of all other terms. Additional terms of the Customer are excluded, unless they have been expressly accepted in writing by E. DIERCK in advance.

Article 2: Price

All prices stated are expressed in EURO, always including VAT and all other taxes or charges that the Customer is obliged to bear.

If delivery, reservation, or administrative costs are charged, this will be stated separately.

The price indication applies solely to the items as described verbatim. The accompanying photos are intended for decorative purposes 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 utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind E. DIERCK. E. DIERCK is only obliged to a best-efforts commitment regarding the accuracy and completeness of the information provided. E. DIERCK is in no case liable in the event of manifest material errors, typographical or printing errors.

If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.

The offer is valid as long as stocks last and can be adjusted or withdrawn by E. DIERCK at any time. E. DIERCK cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The ordering process consists of at least the following steps:

  • You select the product you wish to purchase.
  • You select all options you wish to add.
  • You place the product in the shopping cart.
  • You repeat these steps until you have placed all your purchases in the shopping cart.
  • You check out and optionally create an account on the website.

The Customer has the choice between the following payment methods:

  • via credit card
  • via debit card

E. DIERCK is entitled to refuse an order due to a serious shortcoming of the Customer regarding orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Items ordered through this web shop will be delivered in all EU member countries.
Delivery is carried out by a parcel service which E. DIERCK deems most suitable, always with shipping costs charged to the customer.

Unless otherwise agreed or expressly stated, the goods will be delivered to the Customer's residence within 30 days of receipt of the order.

Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be reported by the Customer immediately to E. DIERCK.

The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the Customer's carrier has been instructed to transport the goods and this choice was not offered by E. DIERCK.

Article 6: Retention of title

The delivered items remain the exclusive property of E. DIERCK until full payment has been made by the Customer.

The Customer undertakes to inform third parties of E. DIERCK's retention of title if necessary, e.g. to anyone who might seize the items that have not yet been fully paid.

Article 7: Right of Withdrawal

The provisions of this article apply only to Customers who purchase items online from E. DIERCK in their capacity as consumers.

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, the Customer must inform E. DIERCK (Oulstbergstraat 3, 1570 Pajottegem, Belgium, info@e-dierck.be) of their decision to withdraw from the agreement by means of an unequivocal statement (e.g. in writing by post or email).

To comply with the withdrawal period, the Customer must send their communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return the goods without delay, but in any case no later than 14 calendar days after the day on which they communicated their decision to withdraw from the agreement to E. DIERCK, Oulstbergstraat 3, 1570 Pajottegem, Belgium. The Customer is timely if they send the goods back before the 14 calendar days period has expired.

The direct costs of returning the goods shall be borne by the Customer.

The Customer is requested to return the items in their original condition and packaging, with all accessories and instructions provided. If the returned product has in any way decreased in value, E. DIERCK reserves the right to hold the Customer liable and to claim compensation for any depreciation of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

All returned items will be carefully examined. The principle here is that the consumer may only inspect the item as they would be allowed to do in a shop. Returned items may be tried on, but must not have been used. If an item has depreciated in value due to the Customer's use, this will be charged to the Customer.

If the Customer withdraws from the agreement, E. DIERCK will refund all payments received from the Customer up to that point, including standard delivery costs, within a maximum of 14 calendar days after E. DIERCK has been informed of the Customer's decision to withdraw from the agreement. In the case of sales agreements, E. DIERCK may wait to process the refund until all goods have been returned.

Any additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery offered by E. DIERCK will not be refunded.

E. DIERCK will refund the Customer using the same payment method as the one used by the Customer for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any fees for such a refund.

The Customer cannot exercise the right of withdrawal for:

  • the delivery of goods made to the specifications of the Customer, or that are clearly intended for a specific person;
  • the delivery of digital content not supplied on a tangible medium, if the performance has begun with the express prior consent of the Customer and provided that the Customer has acknowledged that they lose their right of withdrawal (e.g. gift voucher).

Article 8: Warranty

Under the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has statutory rights. This statutory warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact E. DIERCK and return the item at their own expense to E. DIERCK.

Upon discovering a defect, the Customer must inform E. DIERCK as soon as possible. In any case, any defect must be reported within a period of 2 months after it has been established by the Customer. Thereafter, any right to repair or replacement expires.

The (commercial and/or legal) warranty does not apply to defects arising from accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless proven otherwise by the Customer.

Article 9: Customer Service

The customer service of E. DIERCK can be reached at the telephone number +32 476 71 81 98, via email at info@e-dierck.be or by post at the following address Oulstbergstraat 3, 1570 Pajottegem, Belgium. Any complaints can be directed here.

Article 10: Sanctions for Non-Payment

Without prejudice to the exercise of other rights held by E. DIERCK, the Customer shall be liable for interest of 10% per annum on the unpaid amount from the date of default, automatically and without notice, in the event of non-payment or late payment. Furthermore, the Customer shall be liable for a flat-rate compensation of 10% on the relevant amount, with a minimum of 25 euros per invoice, automatically and without notice.

Without prejudice to the foregoing, E. DIERCK reserves the right to reclaim items that have not been (fully) paid for.

Article 11: Privacy

The data controller, Studio Congo BV, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data you provided will only be used for the following purposes: processing the order, sending newsletters, advertising and/or marketing purposes. You have a legal right to access and correct your personal data. Upon proof of identity (copy of identity card), you can obtain a free written statement of your personal data by sending a written, dated and signed request to Studio Congo BV, Oulstbergstraat 3, 1570 Pajottegem, Belgium, info@studio-congo.be, free of charge the written statement of your personal data. If necessary, you can also request to correct any data that may be incorrect, incomplete or not relevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. To do this, you can always contact Studio Congo BV, Oulstbergstraat 3, 1570 Pajottegem, Belgium, info@studio-congo.be.

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for keeping their login details confidential and for the use of their password. Your password is stored in an encrypted format, E. DIERCK therefore has no access to your password.

E. DIERCK keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.

If you have any questions about this privacy statement, you can contact us at info@studio-congo.be.

Article 12: Use of cookies

During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

You can set your internet browser to refuse cookies, to receive a warning when a cookie is installed, or to remove cookies from your hard drive afterwards. You can do this through your browser settings (via the help function). Please note that certain graphical elements may not display correctly, or that you may not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Invalidity - non-waiver

If any provision of these Terms is declared invalid, illegal, or void, this shall in no way affect the validity, legality, and applicability of the other provisions.

The failure at any time by E. DIERCK to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be seen as a waiver of such provision and shall never affect the validity of these rights.

Article 14: Amendment of terms

These Terms are supplemented by other terms explicitly referred to, and the general sales conditions of E. DIERCK. In case of contradiction, these Terms shall prevail.

Article 15: Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

Article 16: Applicable law – Disputes

Belgian law applies, with the exception of the provisions of international private law regarding applicable law.

The courts of Dendermonde have jurisdiction in judicial disputes. The Consumer may also turn to the ODR platform ( http://ec.europa.eu/consumers/odr/).