General terms and conditions
Art. 1 Order confirmation
The execution of our quotations takes place in accordance with the following sales conditions and with the exclusion of the customer’s own conditions, even if they are communicated afterwards. The sales products with their corresponding prices that are offered on the website (www.wilber.be) are hereby also considered as valid offers. The sales agreement is only concluded after written confirmation by the seller and after receiving the agreed advance payment at the sale. A possible refusal of the order does not entitle the buyer to compensation. Any cancellation of the order must be notified in a written document and is only valid if accepted by the seller in a written notice. In the event of cancellation, the customer owes a fee of 10% of the price of the order. This reimbursement covers the fixed and variable costs and the possible loss of profit. If it concerns unusual orders, and the seller himself has already entered into commitments towards third parties, then the buyer owes the seller a fee for the relevant proven damage.
Art. 2 Delivery
The delivery times are only provided by way of information and are therefore not binding. Delays in implementation can never give rise to a fine, compensation or termination of the agreement. The goods are assumed to be received at the delivery address specified by the buyer, unless otherwise agreed. The seller hereby undertakes to select the most suitable delivery method; using a courier service or by own execution. In both cases, the transport surcharge has already been communicated by the seller in the quotation and thus approved by the customer at the time of purchase. If no one is present at the delivery, the delivery will be handled according to the relevant methods used by the courier. Possibilities can be: leaving the goods (unguarded) at the delivery address, delivery of the goods at a different time, at a collection point, neighbors, etc. In other words: delivery takes place at the risk of the buyer.
Art. 3 Check
The buyer must check the goods upon receipt. No complaints will be accepted after 7 days after delivery. No return is eligible. Goods with visible or hidden defects will be replaced at the request of the buyer. However, the seller’s responsibility is only limited to the replacement of these goods without reimbursement, compensation or indemnity for any reason whatsoever.
Important detail regarding visible defects: The majority of the products that Wilber manufactures and sells are made of laminated birch wood (plywood). By definition, type B / BB is chosen, the most qualitative commercially available type of its kind. Despite the high aesthetic and functional quality requirements, both at the manufacturer of the wood and in the Wilber workshop, it is possible that the layer structure may have small imperfections locally. In our view, these imperfections and the associated uniqueness of each product contribute to the natural character of the product portfolio. Consequently, they are not a reason for replacement, reimbursement, compensation or indemnity.
Art. 4 Payment
Goods purchased via the Wilber website must by definition be paid when purchasing online. The seller undertakes to prepare an order confirmation and invoice and send it to the buyer by email. In the case of a purchase that is made via a route other than the webshop, for example when it concerns custom work or products outside the collection, the seller will only place the order after half of the total amount has been paid. The remaining amount must be transferred to the seller no later than 7 days after receipt of the relevant goods to account number BE68 0016 7325 3434 (Wilber).
In the event of non-payment, the invoice amount will be increased by a compensation of 10%, which corresponds to the inconvenience experienced by the seller and the related administration costs. In addition, an interest is owed which exceeds the European Central Bank’s discount rate by 2%. These increases are due without any notice being required. Without prejudice to the provisions of art. 3 in the event of a dispute, the invoice must be protested within 8 days of receipt.
Art. 7 Dispute settlement
In the event of a dispute, only the Courts of Antwerp have jurisdiction. All relevant recovery costs are borne by the buyer.
Art. 8 Terms of use
8.1 General legal framework
The contractual relationship between Wilber and its clients is governed by the general terms and conditions. By registering and signing, the customer declares to have taken note of the content and to accept its application.
The scheme below applies to all Wilber internet initiatives. Every user is supposed to have read and understood the conditions below, to tacitly agree to them and to be bound by them. He also gives permission to process the personal data provided by him as specified below. The possible invalidity of a provision, due to conflict with a mandatory law, does not affect the enforceability of all other provisions mentioned.
Wilber reserves the right to change these regulations at any time. The amended articles will be published on the website and will take effect automatically. However, such an amended provision will not affect the use of services prior to the time the provision takes effect.
8.2 Users
The use of the Wilber online shop is permitted with or without registration.
8.3 Responsibilities
8.3.1 Without prejudice to the provisions of the standard contracts in this regard, the customer is fully responsible for the content of the data transferred, and for the damage resulting from actions, errors, omissions or mistakes of the customer and his employees, when creating, encoding and transferring the data. Wilber is also not liable for the consequences of the unsuitability or malfunction of the IT infrastructure or software used by the customer. If, despite the provisions of this article, Wilber is held responsible to the customer, the responsibility under this contract, regardless of cause or damage, is limited to EUR 500. Wilber cannot be held liable for direct or indirect damage that the customer might suffer as a result of total or partial disruption of Wilber’s services due to force majeure.
8.3.2 Wilber must ensure the proper execution of the contract to the best of its ability. However, Wilber’s liability for any adverse consequences that might result from the services offered can only be invoked in the event of bad faith, fraud or serious misconduct on the part of Wilber.
8.3.3 With regard to the customer, Wilber is not liable for loss or damage suffered directly or indirectly as a result of a late processing or non-processing of the data. Wilber explicitly offers the website and the web shop ‘as they are’. Wilber makes every effort to ensure the continuity of the webshop. It ensures that it uses the most advanced techniques for its technical implementation, but it cannot be held liable for system failures or malfunctions. This also means that Wilber can, without any compensation or obligation to give prior notice, interrupt the services to maintain or improve its IT tools. Under no circumstances can Wilber be held liable for any loss of profit or (in) direct damage resulting from or related to the website, the services of Wilber or these regulations.
8.4 Proof
The parties accept that the electronic communication between the two of them has the same binding force as a written document and that this serves as evidence between the parties.
8.5 Providing a link to a website
Placing a hyperlink on your own website to the homepage of Wilber’s website is only possible with prior explicit approval from Wilber. The full URL address of the Wilber website must be clearly visible. Wilber is not responsible for informational files of third parties that are known to be linked to this webpage. A link does not imply ratification of these files and does not mean that there is cooperation between Wilber and the managers of that other site. Wilber makes no express or implied statement regarding the accuracy or completeness of data on the linked sites. It is impossible to check all information in terms of content.
Nor does Wilber hereby endorse the products or services described on these sites. We reserve the right to terminate any link at any time.
8.6 Content
The content of this site (including text, graphics, logos, images, etc.) is the property of Wilber and is protected. The visual content related to images, drawings, colors, … is purely indicative. Deviations from the actual images, drawings, colors, … cannot give rise to damages, loss of profit or any other liability with regard to Wilber.
8.7 Privacy
By registering, the customer acknowledges and agrees that his registration data will be kept and processed by Wilber for the implementation of this user agreement and the possible execution of transactions.
Everyone has the right to access their registration data and to request a change to it, if necessary under the conditions determined by Belgian law of 08.12.92 on privacy.
The personal data of the customer are processed by Wilber for customer management and accounting as a result of the contractual relationship between Wilber and the customer through an offer or order.
Via an email to info@wilber.be, the customer can always ask which relevant data Wilber processes and have it corrected or deleted.
If the customer does not agree with the way his data is being processed, one can turn to the Data Protection Authority (Drukpersstraat 35, 1000 Brussels).
8.8 Transferability and further commercialization
These regulations are concluded intuiti personae on behalf of the customer. None of the rights and obligations arising from these regulations can be transferred to third parties. Reproduction and copying of information, data and the like by the customer for further commercial purposes to third parties is prohibited, unless explicitly approved by Wilber.
8.9 Complaints and disputes
If the customer has a complaint, he / she must write it by registered letter to Wilber within 8 days. Parties undertake to make every effort to first settle any dispute that this agreement could give rise to amicably. If an amicable settlement is not possible, or an attempt fails, the parties will submit their dispute to the competent courts stipulated in Wilber’s general terms and conditions. Belgian law applies.
8.10 Prices
The prices are without obligation, including the applicable VAT and can be changed without prior notice. Your shopping cart shows in the overview phase which sales prices apply to your order.