1. INTRODUCTION

1.1 These general terms and conditions, as well as the documents mentioned herein, (the “General Terms and Conditions”) apply to any use of, all orders placed on, and any agreement entered into with SEMPRE IN & OUTDOOR LIVING BV (“we” or “us”) through, this website https://shop.sempre.be/ and related addresses (the “Website”). By using this Website or placing an order through it, you confirm your agreement to and that you will comply with these General Terms and Conditions.

1.2 These General Terms and Conditions may be modified at any time. Please take note of them before placing an order.

2. WEBSITE VISITS AND PERSONAL INFORMATION

2.1 We process all of the personal data you give to us on our Website in accordance with the terms of our Privacy Policy. Please ensure that all of the information you give to us on our Website, including any username and password, is kept safe, secure and confidential.

2.2 By using the Website you agree to:

• • use the Website only for making legitimate enquiries or orders;
  • refrain from providing incorrect personal data, such as email addresses, postal addresses, payment details or any other personal information;
  • refrain from introducing any virus, trojan horse, worm, logic bomb or any other type of software or material that is malicious or technologically harmful; and
  • refrain from attempting to gain unauthorized access to the Website or otherwise modify, interfere, intercept, disrupt or hack the Website.

3. ORDERING PRODUCTS

3.1 You can place orders with us by following the Purchasing Process outlined on the Website. By placing an order on the Website, you acknowledge and declare that you are at least 18 years old and legally capable of entering into a contract, and that you will be under an obligation to pay for the products upon acceptance of your order.

3.2 After the completion of the ordering process on the Website we will send you an email confirming receipt and acceptance of your order.

3.3 The information contained in these General Terms and Conditions and the details stated on the Website constitute an invitation to make an offer and not an offer of sale. No agreement in relation to the products (the “Agreement”) will exist between you and us until we have accepted your order (irrespective of whether the order total has been debited from your account or not).

3.4 You agree to keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the products.

3.5 You shall not place any speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we reserve the right to cancel the order and notify the competent authorities.

4. PRODUCT AVAILABILITY

4.1 All orders are subject to the availability of the products. We will inform you as soon as possible after receiving your order if, for any reason, the products you have ordered are not available or are subject to any delay.

4.2 In the event that we are unable to supply you with a product we reserve the right to provide you with replacements of an equal or greater quality and value, which you may subsequently order. If you do not wish to order such replacement and have already paid for the products we will refund you the full amount as soon as possible.

4.3 We reserve the right to remove, at any time, any product from the Website, and/or replace or modify any content or information appearing on the Website. Although we will make every effort to respond to submitted orders, there may be exceptional circumstances that require us to refuse to process or accept an order after its receipt and after having sent you an order confirmation (such as in the case of an obvious error in pricing subject to clause 6.4), we reserve at all times this right of refusal at our sole discretion. Neither you nor any third party shall have any claim as a result of or in relation to our decision to remove a product from our Website, replace or modify any document or content appearing on the Website or our refusal to proceed or accept an order after its receipt or having sent you an order confirmation.

5. PRODUCT SPECIFICATIONS

5.1 You expressly acknowledge that small irregularities and differences are to be expected because each product we offer is unique. You also expressly acknowledge that products in wood and other natural materials can show cracks and stains, and that the wood, metal, fabric or stone can present color differences and that all of these are an inherent characteristic of the materials and the products as a whole.

5.2 Pictures of the products on our Website are included for reference only. All our items are different and unique and although we have made every effort to display the products accurately, we cannot guarantee the pictures conclusively reflect the products. The products that are delivered to you may vary slightly from those images.

6. PRICE AND PAYMENT

6.1 The price of any product will be the price stated on our Website during check-out at any given moment, except in the case of obvious errors.

6.2 The prices mentioned on our Website include VAT and exclude delivery costs (subject to clause 7.1).

6.3 The price of any product may change from time to time, but changes will not affect any order we have already accepted.

6.4 Although we make every effort to ensure the prices on the Website are accurate, errors may occur. We are not under any obligation to deliver products at an incorrect (lower) price (even after sending our order or shipment confirmation) if the error in price is obvious, unmistakable and could have been reasonably identified as such by you.

6.5 We accept payment with the payment methods listed on the Website. You must pay for the products and any applicable delivery charges in advance of delivery of the products.

6.6 By submitting an order to us through the Website, you are confirming that the payment details provided for your order are valid and correct.

7. SHIPPING, DELIVERY & FULFILLMENT

7.1 The items being sold on this Website are available for worldwide home delivery or local pick-up at our warehouse through the ´Pickup Now´ delivery process. Shipping costs will be calculated during checkout and are dependent on your location, the product type and order value.

7.2 In case the ´Pickup Now´ service has been activated for your order, we will contact you when your order is processed and ready to be picked up. In such case your order must be picked up at the latest 15 days after such confirmation. You may pick up the order either in person (by presenting the order number and a proof of identity) or through someone else, appointed to pick up the order on your behalf. In such case, the appointed person shall present the order number and proof of identity.

7.3 We will endeavor to fulfill your order in relation to the products mentioned in the shipping confirmation prior to the delivery date stated on such shipping confirmation or, where no date is stipulated, within 30 days of the date of the order confirmation. Please refer to the Delivery page on our Website to find out more about the delivery process and how long after shipping confirmation you can expect the products to be delivered. Nevertheless, any such time frames remain estimates and delays may arise due to the customization of products, unforeseen circumstances or the area of delivery.

7.4 If we are unable to meet the proposed delivery date, for any reason whatsoever, we will notify you and propose either the continuance of the purchase with a new delivery date, or the cancellation of your order with full reimbursement of any duly made payments.

8. RISK AND TITLE

You shall bear all risks relating to the products from the moment of delivery. Ownership of the products will transfer to you only when we have received all sums due in respect of the products, including delivery costs.

9. RETURNS POLICY

9.1 Statutory right of cancellation

As a consumer, you have the right to cancel the Agreement and return any item (except those mentioned in clause 9.4, which are exempted from the right of cancellation) subject to clause 9.3, within 14 days of delivery of the products to you, without having to provide a reason.

The cancellation period expires 14 days from the date on which you receive, or a third party designated by you (other than the carrier) receives, the items or, in case several items are part of the same order but are delivered separately, the last delivered item. To meet the cancellation deadline, it is sufficient that you inform us of your decision to exercise your right of cancellation prior to the applicable term having expired.

Click here to download the form.

9.2 Effects of cancellation

Upon cancellation of the Agreement, we will refund all payments made as soon as possible and in any event within 14 days from the date upon which we receive notification of your decision to cancel.

We will refund the money by the same payment method that you used to pay. You will not incur any fee in relation to this refund.

Notwithstanding the foregoing, we may defer the refund until we have received the returned items or proof of their return, whichever is earliest.

Such refund shall include delivery costs to the original place of delivery (except for any additional costs in relation to the chosen delivery method other than the least expensive standard delivery offered).

9.3 Returns process

To exercise your right of cancellation, you should notify us of your decision in accordance with clause 16. You may use the model cancellation form as can be found under the Returns section on our Website but you are not required to do so.

You should return the items in question with a print-out of your order confirmation to the following address: SEMPRE IN & OUTDOOR LIVING BV, Grensstraat 18, B2270 Herenthout, Belgium.

You must return the items as soon as possible and in any event within 14 days from the date you notified us of your decision to cancel the Agreement. This time limit will be deemed respected if you send us the items prior to the expiration of said 14-day period. Your right to cancel the Agreement only covers products that are returned in the same condition in which they were received. No refund will be granted for any item which (i) has been used after being opened, (ii) is not in the same condition as received, or (iii) is damaged. You should take care of the items in your possession. You should return the items by using or including their original packaging, along with the instructions and any documents sent with the items, whenever possible.

You will bear the costs directly incurred in returning the items. You will be liable only in relation to the depreciation in value of the items (including the actual reasonable repackaging costs) resulting from handling other than what is necessary to determine the nature, quality and operation of said items.

9.4 Excluded products

You do not have the right to cancel the Agreement relating to personalized and/or customized items, or goods that you unsealed after delivery and which cannot be returned for hygiene or health and safety reasons.

9.5 Returns of faulty or damaged items

In the event that your ordered item does not conform to the Agreement at the time of delivery, you must immediately contact us in accordance with clause 16. The faulty or damaged items must be returned in accordance with clause 9.3.

We will closely examine the returned items and inform you of your entitlement to a replacement or refund (as appropriate) via email within a reasonable period of time.

We will refund or exchange the item as soon as possible and in any event within 14 days from the date of our email confirmation that you are entitled to a replacement or refund for the item in question. Where the defect or damage is proven, the price of the items concerned, including delivery costs and expenses incurred in returning the items, will be fully refunded.

The refund will always be made via the same payment method that you used to pay for your purchases.

10. LIABILITY AND EXCLUSIONS

10.1 Our liability for any product purchased through our Website is strictly limited to the purchase price of said product.

10.2 We will have no liability to you for any indirect damages, including loss of profit, loss of business, loss of an opportunity or consequential or reputation damages.

10.3 Notwithstanding the foregoing, nothing in these General Terms and Conditions may exclude or limit our liability for death or personal injury caused by our negligence, fraud or willful misrepresentation, or any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

11. INTELLECTUAL PROPERTY

You acknowledge and accept that all copyrights, trademarks and other intellectual property rights over the information or content appearing on the Website are reserved and shall, at all times, remain the property of SEMPRE IN & OUTDOOR LIVING BV or our licensors.

You are permitted to use such information for your personal use only. Any other use of our Website or its content is prohibited. This clause shall not prevent you from using the Website to the extent necessary for copying orders or contact details.

12. LINKS TO OTHER WEBSITES

Where our Website contains links to other websites and third-party materials, such links are provided for information purposes only and the content of those websites and materials remain outside of our control. We consequently cannot be held liable for any loss or damage resulting from their use.

13. GENERAL PROVISIONS

13.1 You may not assign any of your rights or transfer any of your obligations under these General Terms and Conditions to any third party without our prior written consent. We may assign our rights and obligations under these General Terms and Conditions to any third party without your prior consent.

13.2 A waiver of any right or remedy under these General Terms and Conditions will only be effective if given in writing by us, and will not be deemed a waiver of any right or remedy in respect of any subsequent breach or default. For the avoidance of doubt, (i) we can exercise our rights under these General Terms and Conditions as often as necessary, (ii) unless expressly otherwise provided, no failure or delay by us, to exercise any of our rights or remedies under these General Terms and Conditions, will be deemed a waiver of such rights or remedy, and (iii) the partial exercise of any right or remedy will not preclude the further exercise thereof.

13.3 If any provision of these General Terms and Conditions is held to be invalid or unenforceable, then the General Terms and Conditions will be deemed amended as of the effective date to the extent necessary to render in the opinion of the relevant court the otherwise void or unenforceable provision, and the remainder of these General Terms and Conditions, valid and enforceable and to accomplish to the largest extent possible the original business purpose of the offending provision. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these General Terms and Conditions.

13.4 These General Terms and Conditions, together with the documents to which they refer, comprise the entire agreement between you and us with respect to its subject matter, and replace, annul and supersede any previous written or oral agreements and arrangements between you and us with respect to the same.

14. FORCE MAJEURE

14.1 We will not be held liable for any non-performance or delay in the fulfillment of our contractual obligations, which is caused by unforeseeable events outside our reasonable control (“Force Majeure”). Force Majeure includes any act, event, nonperformance, omission or accident beyond our reasonably foreseeable control and, in particular, includes but is not limited to:

• • strikes, lockouts or other industrial actions;
  • civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or otherwise) or threat of or preparation for war;
  • fire, explosion, storm, flooding, earthquake, landslide, epidemic or other natural disasters;
  • impossibility of using transportation via railway, sea, air, road or other means of public or private transport;
  • impossibility of using public and private telecommunication networks;
  • acts, decrees, legislation, regulation or restriction of any government; and
  • strike, breakdown or accidents in maritime, postal or other transport.

14.2 Our performance of any agreement will be suspended while the Force Majeure lasts and our deadlines for performance will be extended accordingly. We will endeavour, insofar as possible, to bring the Force Majeure to an end or find a solution that would allow us to fulfil our contractual obligations despite the Force Majeure.

15. APPLICABLE LAW AND JURISDICTION

15.1 These General Terms and Conditions and the Agreement will be governed by Belgian law.

15.2 All disputes arising out of or in connection with these General Terms and Conditions or the Agreement (including disputes relating to any non-contractual obligations arising out of or in connection with these General Terms and Conditions or the Agreement) will be finally settled before the competent courts of the judicial district of Antwerp, Belgium.

16. CONTACT

16.1 The Website is owned & operated by SEMPRE IN & OUTDOOR LIVING BV, a company incorporated under Belgian law, with VAT n° BE1003.130.943, with registered offices at, Grensstraat 18, B2270 Herenthout, Belgium (“SEMPRE”).

16.2 If you have any questions or complaints about the General Terms and Conditions or otherwise, please contact us:

• • through the Website´s contact form
  • by email: info@sempre.be
  • by phone: +32 14 28 36 36
  • by mail: Grensstraat 18, B2270 Herenthout, Belgium

17. ALTERNATIVE DISPUTE RESOLUTION

When you make an online purchase through the Website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek an out-of-court settlement of the consumer dispute with us, through the European Union platform for online dispute resolution accessible through: http://ec.europa.eu/consumers/odr/. Or through the Belgian Consumer Ombudsman:

Consumer Mediation Department

North Gate II Boulevard du Roi Albert II 8, B1000 Brussels, Belgium

Tel: +32 (0)2 702 5220

Fax: +32 (0)2 808 7129

E-mail: contact@consumerombudsman.be

Website: https://www.consumerombudsman.be/en