General terms and conditions for online purchases, use of the website and customer information
The General Terms and Conditions ("General Terms and Conditions") laid down herein apply to all orders and purchases made by the customer ("you" or "customer") from Faytech Nederland, Energieweg 13M, 4143 HK, Leerdam, the Netherlands, via the www.faytech.nl website the access to the use of information, documents, images, functions, music and/or other services on the website. By visiting faytech.nl and/or placing an order, you indicate that you have read and understood the General Terms and Conditions, and that you agree with those terms and conditions and are bound by them.
Only end users of 18 years or older, who are not under guardianship or guardianship, with a valid address in Belgium and the Netherlands, can place an order via www.faytech.nl. You need a faytech account with a working email address and a phone number to which we can reach you.
You may need to set your browser to accept both (functional) pop-ups in order to use all the features of the website, including adding products to your shopping cart and placing an order.
2.2 Ordering process
Add your desired products to your shopping cart (clicking on "Add to shopping cart" does not imply any purchase obligation);
Go to "Order" - fill in all the necessary details - check your order before forwarding it;
Select the desired shipping option (default);
Choose one of the possible payment methods;
Place your order by accepting our Terms and Conditions and then by clicking on the "Buy" button, at which time you will enter into a binding purchase and payment obligation;
Pay for your purchase using the payment method of your choice;
You will receive an email confirmation with all the details of your purchase; if we are unable to deliver a product, we will let you know as soon as possible and will not process the order;
Once your purchase has been shipped, you will receive a shipping confirmation by email.
2.3 Our right to refuse your order or to dissolve your purchase
We have the right to refuse your order or to dissolve your purchase, on reasonable grounds, without being liable for any resulting damage or costs. Examples of situations in which we may refuse an order or dissolve a purchase are
a manifest error or other inaccuracy with regard to a product offered on faytech.nl;
the product is not available/in stock;
Your billing information is incorrect or unverifiable;
we have reason to believe that your order or payment is fraudulent;
there is a suspicion of credit or debit card fraud;
we can not deliver to the address provided by you;
no full payment will be made.
3. Prices and shipping costs
3.1 The prices on the website are consumer prices and are exclusive and inclusive of VAT, but exclusive of shipping costs.
3.2 The prices mentioned are only applicable to purchases made via our website.
3.3 The costs of shipment are clearly stated on our website. We only ship to the countries listed in articles 2.1 and 5. The shipping costs are also indicated during the ordering process.
4.1 We do not accept any other means of payment than those indicated on our website.
4.2 We will process and deliver your order only after payment. The products remain our property until we have received full payment, but the risk of loss, damage or depreciation in respect of a product and any liability to third parties in this respect shall pass to you at the time of delivery of the product.
4.3 By placing an order, you consent to us carrying out credit checks and any other checks necessary to verify and ensure correct payment, prevent fraudulent transactions and ensure the correctness of the shipping address.
5.1 We deliver the order to the address provided by you at the time of placing your order, provided that this address is located in one of the following countries: Belgium and the Netherlands.
5.2 After you have placed an order, you will receive an email confirmation with the details of your purchase. Once your purchase has been shipped, you will receive another email with the shipping confirmation.
5.3 The delivery times stated are only indicative and are therefore not guaranteed. We will try to inform you as far as possible about any delays. We are, to the extent permitted by law, in no case liable for any damage as a result of a late delivery.
5.4 All risks relating to the product are transferred to you from the moment of delivery. If the delivery is delayed due to a circumstance within your sphere of risk, the risk passes to you at the moment when the delivery would have taken place without this circumstance. From the moment the risk passes to you, we will no longer be liable for any loss, deterioration or damage to the product or any other damage in relation to the product.
6. Shipment cancellation
You can cancel any order free of charge and without giving any reason if the ordered products have not yet been shipped. If you wish to cancel your order, please first check the status of your order on the website or contact our Customer Service. If the status of your order is "Work in progress" or "On hold", you can cancel your order free of charge by clicking on the "Cancel" button.
7. Right of withdrawal/return ('cooling-off period')
7.1 Legal right of revocation and return
You have the (legal) right to dissolve ('revoke') your purchase in whole or in part within a period of 14 (calendar) days from the date of delivery, without giving any reason. If your purchase consists of several products that are delivered separately, the period of 14 days starts from the date of delivery of the last product. If you wish to exercise this legal right of withdrawal/return, you must inform us of this within the aforementioned period of 14 days. You may do so by making another clear statement to the effect that you are withdrawing from the purchase. You can send the cancellation by e-mail to [email protected] or by letter to Faytech Nederland, Energieweg 13K, 4143 HK, Leerdam, the Netherlands. In any case, clearly state which product(s) you want to return. After you have informed us of the withdrawal, you must return the products concerned without delay and in any case within 14 days. For further information on return, please refer to Articles 7.4 and 7.5.
7.2 Breakdown of the product
During the period that you can revoke and return the purchase, you must handle the products and packaging with care (in the same way as you would in a store), unless you decide to accept the purchase definitively and not exercise your right of revocation/return. You may only unpack and use the product to the extent necessary to assess the nature, characteristics and operation of the product. For example, you may fit clothing or shoes to fit the size, but you may not wear them. Do not remove any cards or labels when fitting the products. All products that are returned must be unused, complete and provided with their original packaging. The condition of returned products will be checked by us upon receipt. If a product is returned in a state other than that indicated above, you will be liable for the resulting depreciation and we will be entitled to charge you this depreciation.
7.3 Send back
You can return a purchase in one of the following two ways:
7.4.1 Returning to Faytech Leerdam (free of charge)
You can return your purchase to Faytech Leerdam. All you have to do is take the products concerned with you together with the invoice that came with the order and the email confirming your order, and our staff will be happy to help you.
7.4.3 Return by post (for own account customer)
You can also return your purchase yourself by post. However, the related costs are at your own expense. If you decide to return your purchase by post, you must ensure that the shipment is sufficiently stamped, the package is provided with the return label and a postal item is used with 'track & trace' functionality (you must prove that the items delivered were returned on time).
7.4.5 Method of packaging
When returning a product:
Place the returned product in its original packaging and pack the product in a box, bag or cardboard to protect the product and its original packaging. Make sure that the package is properly sealed and pasted.
Paste a return label that is attached to the package you are returning.
You can track your return by using the UPS Tracking Number listed on the return label.
In the event of correct withdrawal and return in accordance with the above provisions of article 7.1. up to and including 7.4, we will ensure a refund without delay and at the latest within 14 days after withdrawal. Reimbursement will only take place after we have received the products concerned back, or you have provided sufficient evidence that the products have been returned. We will refund the purchase price paid by you and, if a delivered order is returned in its entirety, the shipping costs (based on the cheapest standard delivery offered by us). In case only a part of an order is returned, the shipping costs will not be refunded. Additional costs as a result of a more expensive shipping method than the offered cheapest standard delivery will never be refunded. Repayment will be made
8. Product Exchange
It is currently not possible to exchange products. However, you can return your product within the specified period in accordance with your right of withdrawal and return as stipulated in article 7, and then make a new purchase via your faytech account or at our office in Leerdam.
9. Warranty, Return due to Defect or Non-Conformity
9.1 As a consumer, your purchases are covered by the statutory warranty. These General Terms and Conditions do not in any way detract from this legal guarantee. Under the statutory warranty, you may, among other things, expect a product to be free of defects upon delivery, to comply with what has been agreed and stated in our offer, and to have the properties required for normal use of the product.
9.2 If a delivered product has a defect or otherwise does not comply with the guarantee mentioned in Article 9.1, you must inform us immediately and in any case within two months after discovery of the defect or non-conformity and return the product in accordance with the provisions of Article 7.4 ('Return'). Please give a brief description of the complaint.
9.3 For products with a defect or which otherwise do not comply with the guarantee referred to in Article 9.1, the purchase price paid by you will be refunded, and, if an order is returned in its entirety, the shipping costs based on the cheapest standard delivery offered by us. In case only a part of an order is returned, the shipping costs will not be refunded. Additional costs as a result of a more expensive shipping method than the offered cheapest standard delivery will never be refunded. The costs of return shipment are at our expense if you return the product at our office (article 7.4.1) or have it collected by UPS (article 7.4.2). See also article 7.4. and 7.5. for information on return and refund.
10. Applicable law and jurisdiction
These General Terms and Conditions, the use of the website and all orders, purchases and other transactions made via the website, as well as all disputes relating thereto, shall exclusively be governed by Dutch law, even if an obligation is performed abroad in whole or in part or if the party involved in the legal relationship is domiciled there, and the Dutch courts shall have exclusive jurisdiction to take cognisance of all disputes. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) does not apply to orders, purchases and other transactions placed via the website, and its application is also expressly excluded to the extent necessary.
11. Retained agreement
We do not retain the content of the agreement. You will receive a confirmation of your purchase agreement by e-mail and you will have to save this yourself for possible consultation at a later date.
12. Electronic Communications
If you visit our website or send us an e-mail, you are communicating with us electronically. For contractual reasons, you agree to receive communications by electronic means, and you agree that written communications include any form of electronic communication (e.g., email). This provision does not affect your legal rights.
We collect information from you in order to be able to process your order, among other things.
14. Web security
You can shop safely at www.faytech.nl: your order is always processed via a secure server. When you pay by credit card, you will always be asked to enter the CVV code at checkout as an additional security measure... For your and our security, we reserve the right to retain credit card orders for verification purposes. It is important that you provide the name of the cardholder as stated on the card. The amount will usually be debited from your account within 24 hours of placing an order. It is possible that the payment is processed by an external payment intermediary. The terms and conditions used by this intermediary do not form part of these General Terms and Conditions. It is possible that the bank statement you receive after payment of your order will contain the name of this intermediary.
15. Limitation of liability
15.1 Our full liability to you for any loss or damage in connection with any item purchased through our website is limited to the total amount you paid for that item. We are only liable for any failure to comply with a material contractual obligation. If a circumstance arises that leads to liability, our liability shall in any case be limited to the direct damage that was reasonably foreseeable at the time of the conclusion of the agreement as a result of the non-performance of a (material) obligation or any other relevant event as a result of which damage is or will be suffered. Any liability for any indirect damage whatsoever (including, but not limited to, consequential damage, loss due to delay, immaterial damage, loss of income, loss of profit, lost savings and loss of profits) is expressly excluded, even in so far as such damage is foreseeable.
15.2 Notwithstanding the limitations set out in Article 15.1, nothing in these General Terms and Conditions shall exclude or limit our liability for (i) death or physical injury as a result of our negligence, (ii) damage resulting from intent or wilful recklessness on the part of faytech.nl itself ("own actions") and/or its management, or (iii) any other damage for which liability cannot be excluded or limited by law.
15.3 We shall not be responsible for any failure to perform any of our obligations if such failure is caused by a cause beyond our reasonable control ("force majeure").
16. Seller's identity / Contact details
You can find our contact details on faytech.nl. You make your purchase from Business Trading Leerdam regarding faytech Netherlands, Leerdam Energieweg 13K, 4143 HK, Leerdam Netherlands - Chamber of Commerce: KvK Utrecht nr. 60659661 - Btw-no: Netherlands NL: 85400375B01.
17. Amendment of General Terms and Conditions
We reserve the right to change these General Terms and Conditions at any time, without prior notice, whereby the new amended Terms and Conditions shall take effect at the time of posting on the website. Each time you order a product from us, the most recent General Terms and Conditions apply.