Terms and conditions of sales
1. Definitions and application of the Terms and Conditions of Sale
The website www.whadda.com is an initiative by:
Velleman Group nv (Hereinafter: “Velleman”)
Legen Heirweg 33
9890 Gavere
Company registration number (VAT-BE): BE 0768 858 127
Email: info@velleman.eu
Tel. No.: +32 (0)9 384 36 11
The concepts mentioned hereinafter in these Terms and Conditions of Sale are understood to mean
the following:
‘Buyer’: Every natural person (B2C) who is or enters into a contractual relationship of any kind with
Velleman. Every Buyer undertakes not to purchase the products on www.whadda.com
with the sole intention of selling them to a third party. Hereinafter also referred to as ‘you’ and ‘your’.
‘Consumer’: Every natural person who acts in the capacity of Buyer and for purposes that fall outside
the scope of his commercial or professional activities.
‘Products’: All goods and services that form the subject of the present sales agreement.
‘Goods manufactured to Consumer specifications’: All goods that are not prefabricated and that
are manufactured on the basis of an individual choice or decision by the Consumer.
‘Sales Agreement’: Every agreement through which the seller undertakes to transfer ownership of
goods and/or deliver a service to the Buyer. In turn, the Buyer undertakes to pay the price of these
goods.
The present Terms and Conditions of Sale apply always and exclusively to all present and future
Sales Agreements between Velleman and the Buyer. By using the website, the Buyer accepts the
applicability of these Terms and Conditions of Sale, as well as all other rights and obligations as
stipulated on the website, barring an explicit exception. An explicit exception only applies insofar as it
is the result of a mutual agreement between the Buyer and Velleman, which is expressly confirmed
in writing. Explicit exceptions are only valid as a replacement of or supplement to the clauses to
which they pertain. All other provisions of these Terms and Conditions of Sale shall apply in full
Velleman reserves the right to modify and/or supplement the Terms and Conditions of Sale at any
given time for future orders. Future modifications will obviously have no bearing on pre-existing
orders and the resulting agreements.
The General Terms and Conditions of Velleman are available in Dutch, French, and English.
2. How is the agreement established?
Velleman takes the utmost care to ensure the accuracy of the information posted on its website with
regard to product characteristics, including the technical descriptions based on data obtained from
partners and suppliers, and with pictures to illustrate the products, insofar as the available technical
means allow. Upon delivery, certain non-substantial product characteristics may differ from the
pictures and descriptions rendered on the website.
Every offer on the website only serves to invite the Buyer to make a purchase; consequently, it
cannot be considered as a binding offer extended by Velleman to the Buyer. Moreover, the offer
is only valid while stocks last. It is within our discretion to apply specific conditions to a specific
offer, such as a limited validity. Such specific conditions only apply when they have been clearly
communicated and expressly linked to the order in advance.
If the Buyer wishes to obtain a product from the Velleman range he must place an order via the
online order system. This purchase is binding vis-à-vis the Buyer. Velleman will contact the Buyer
within seven (7) calendar days to confirm the order. This confirmation will be forwarded to the
email address supplied by the Buyer. This order confirmation is the time of the conclusion of the
agreement.
Velleman can decide at any given time not to send a confirmation or refuse the order by sending
an explicit declaration to this effect. If Velleman is (partially) unable to fill the order then Velleman
will notify the Buyer and possibly suggest an alternative product. If Velleman refuses the order or
the Buyer does not accept the suggested alternatives then there is no agreement. The Buyer is not
entitled to any form of compensation.
In accordance with the Code of Economic Law, the parties explicitly recognise that electronic means
of communication result in a valid agreement. Velleman is entitled to use all electronic files at its
disposal within the limits of the law in order to prove the existence and validity of the agreement.
A normal, digital or electronically qualified signature is not an essential requirement of proof.
3. Our prices
All prices are indicated in euros and are inclusive of VAT and other taxes. The cost of delivery and
other additional costs (cf. payment methods) are not included in the individual product price. Such
costs are always explicitly stated in the final step of our online ordering system.
In accordance with article 2 of these General Conditions, the Buyer owes the price communicated by
Velleman in the order confirmation. Apparent or obvious mistakes in the quotation, such as evident
inaccuracies, can also be corrected by Velleman after the conclusion of the agreement. Complaints
regarding the price or pricing must be communicated clearly and in writing within seven (7)
calendar days. The submission of a complaint should not result in suspension of payment.
Velleman reserves the right to adjust its prices at any given time but Velleman undertakes to
maintain the tariffs indicated on the site at the time of the order. However, if the price change is the
result of a change in VAT rates then the price difference will be charged to the Buyer.
4. Conditions of payment
In principle, payment is executed immediately and in full, i.e. as soon as the Buyer places the order.
Velleman accepts the following payment methods:
– Credit Card
– ING Home’Pay
– Paypal
– Belfius Direct Net
– KBC
– iDEAL
– Bancontact/mister cash
– SOFORT banking
Velleman may expand the accepted payment methods in the future; additional payment methods
will be announced on the website. Velleman takes every reasonable precaution to guarantee the
safety of your online transactions. Velleman guarantees this protection by working with specialised
parties such as recognised credit card issuers and payment partners.
Velleman’s protected system processes all payments and will encrypt your bank details. The
necessary protection measures are taken via SSL.
Velleman postpones its delivery obligation until the amounts owed by the Buyer have been paid in
full. Ownership of the ordered products will only pass when the amounts due have been paid in full,
regardless of whether delivery has taken place.
5. How is my product delivered?
Every order is processed at the earliest opportunity. Unless another time of delivery was agreed, the
delivery deadline is thirty (30) days from receipt of order. If Velleman is unable to deliver the goods
at the time agreed with the Consumer or within thirty (30) days, the Buyer requests delivery be
made within an additional period that is reasonable in light of the circumstances. When Velleman
fails to deliver within the additional period the Buyer is entitled to terminate the agreement. In case
of termination, Velleman will refund all paid amounts forthwith and within fourteen (14) days at the
latest following termination of the agreement. If the delivery deadline is exceeded, the Buyer will
not be entitled to any additional form of compensation or damages.
Velleman works with reliable external delivery partners, viz. GLS. The use of external partners may
influence delivery. However, Velleman is not responsible for late delivery or lost shipments, either
by third parties or due to unforeseen circumstances or force majeure. When a shipped order fails to
reach its destination an investigation will immediately be launched with the carrier in question. This
will take several days, during which time a refund or a new shipment are out of the question.
The Buyer is responsible for making delivery possible at the agreed location in the presence of the
Buyer or a third party designated by the Buyer. Delivery is deemed to have taken place as soon
as the ordered products have been made available to the Buyer on one (1) occasion. If delivery is
unsuccessful due to the fault of the Buyer or the third party designated by the Buyer then the cost
of any new delivery attempt will be at the Buyer’s expense.
Velleman bears the risk of damage and/or loss of the products until the moment of delivery. The
risk is transferred to the Buyer as soon as the Buyer or the third party designated by the Buyer
takes possession of the products. In principle, every delivery requires a signature of the delivery
confirmation but the absence of such a signature does not affect the transfer of risk.
6. Defects and complaints
The legal guarantee obligation, as stipulated by articles 1641 through 1649 of the Civil Code, applies
in full to these Terms and Conditions of Sale. Consequently, every Buyer has the right to repair if the
delivered products are flawed, this in accordance with the relevant statutory provisions. In addition,
the Consumer will benefit from the legal warranty period of two (2) years. The Buyer cannot
exercise his warranty rights if he was aware of the defects at the time of purchase. An additional
commercial warranty is always a possibility in accordance with the relevant conditions.
The Buyer or a third-party designated by the Buyer must examine the products carefully upon
reception. In case of visible defects, the receiver is entitled to submit a complaint. The Buyer must
motivate such complaints explicitly and unambiguously and communicate them to Velleman in
writing within seven (7) days of delivery to the Buyer or the third party designated by the Buyer. The
Buyer has the obligation to properly motivate this communication.
The defective products must be returned to Velleman in their original state and packaging and
including all accessories and documentation and they must always be accompanied by the original
invoice or valid proof of payment. Failure to meet this obligation will result in a proportionate
reduction at the time of refund. Returning products is always done at the Buyer’s risk. Similarly, the
cost of returning the products is always at the expense of the Buyer. Velleman advises any Buyer
to return these products via registered mail and to take out insurance to cover the risks of loss and
theft. The products must be returned within seven (7) calendar days following the communication.
The warranty does not apply to:
– Damage caused by normal wear and tear, intentional or unintentional changes to the goods by
the Buyer including improper, incorrect or irresponsible use as well as exposure to humidity, fire,
earthquake, and other external causes.
– Damages caused by installation and use that are not in accordance with the provided instructions
and information.
– Damages caused by removing the seal on certain components and following the removal or
defacement of the serial number and other numbers that identify product ranges. Neither the
Buyer nor an unauthorised third party may remove such a seal without the express written consent
of Velleman or the manufacturer.
– Consumer goods.
In the absence of a motivated complaint, the Buyer is not authorised to return the goods. If the
above conditions are met, the Buyer is initially entitled to free repairs or replacement, as the
situation permits. Only when repairs or replacement are excessive or impossible or cannot be
carried out within a reasonable timeframe will the Buyer be entitled to a full or partial refund. The
Buyer must present clear and well-founded arguments to support his claim.
The resulting compensation can never exceed the amount invoiced to the Buyer.
If products are wrongfully returned because the above conditions are not met then they will be
returned to the Buyer. The cost of returning the products is at the expense of the Buyer. In this case,
Velleman is entitled to store the products with a third party at the expense and risk of the Buyer as
long as the latter has not paid the return cost.
7. Right of withdrawal
7.1 When does the Consumer have the right to withdraw?
The Consumer has the right to withdraw pursuant to article VI.47 of the Code of Economic Law.
Based on the right of withdrawal, the Consumer has the right to cancel his purchase within
fourteen (14) calendar days from the day following delivery of the product, without penalty and
without giving a reason. Of course, Velleman would appreciate your feedback with a view to
improving its service.
If the Consumer is justified in invoking his right of withdrawal, Velleman will refund the Consumer
at the earliest opportunity and no later than fourteen (14) calendar days following the request.
Velleman will refund the Consumer via the same payment method used to make the original
purchase unless the Consumer explicitly consents otherwise. At any rate, no expenses are charged
for the refund.
Attention! If the Consumer opted for a delivery method that differs from the cheapest
standard delivery method then the additional delivery costs will not be refunded.
The Consumer is not entitled to exercise the right of withdrawal in the following cases:
– The supply of goods manufactured to Consumer specifications, or goods that are clearly intended
for a specific person;
– The supply of goods which, following delivery and due to their nature, are irrevocably mixed with
other items;
– Agreements through which the consumer specifically requests the company to visit him in order
to carry out urgent repairs or maintenance activities. However, if the company performs additional
services during such a visit that were not specifically requested by the consumer, or supplies
goods other than spare parts required to carry out said maintenance or repairs, then the right of
withdrawal shall apply to these supplementary goods or services;
– The supply of sealed audio and sealed video recordings and sealed computer software of which
the seal was broken after delivery;
– The supply of newspapers, magazines or periodicals, with the exception of agreements for a
subscription to such publications;
– The supply of digital content not delivered on a tangible medium, conditional on the explicit prior
consent of the consumer and provided the latter acknowledges that the right of withdrawal thus
no longer applies;
7.2 How to exercise the right of withdrawal correctly
The Consumer wishing to exercise the right of withdrawal must explicitly and unambiguously
communicate this in writing to Velleman by sending a message via the online return form which
can be found at https://www.vellemanformakers/return-form. This communication must reach
Velleman within fourteen (14) calendar days from:
– In case of a sales agreement: The day of (physical) reception of the goods.
– In case of a service agreement: The day the agreement is concluded.
The Consumer’s communication must include the following information:
– Order number of the item that the consumer wishes to withdraw;
– Name of the Consumer.
The Consumer must subsequently return the products in question to Velleman at the earliest
opportunity, i.e. within fourteen (14) calendar days following the communication. The return
shipment must be performed by a recognised carrier. In every case, the cost and risk of the return
shipment are at the expense of the Consumer. As long as the Consumer has not provided proof of
return shipment Velleman has the right to suspend the refund.
The Consumer shall be responsible if the products are subject to depreciation as a result of
handling that goes beyond what is necessary to ascertain their nature, characteristics, and
operation. In this case, Velleman has the right to apply a proportionate reduction at the time of
refund.
If the Consumer does not meet the above conditions then this constitutes wrongful use of the right
of withdrawal. In this case, the goods will be returned to the Consumer at his own risk and expense.
Velleman undertakes to clearly communicate its motives to the Consumer.
8. Force majeure
By force majeure is meant any circumstance outside the will or control of Velleman that prevents
the latter from fulfilling its obligations towards the other party, either completely or in part. In
this case, Velleman is not obliged to fulfill its obligations to the other party. Velleman is entitled to
suspend its obligations for as long as force majeure applies.
9. Intellectual property
All intellectual property rights and derived rights with regard to the products and trade names
remain the sole property of Velleman. These intellectual property rights are understood to mean
copyrights, trademark rights, industrial design rights and/or other (intellectual property) rights,
including technical and/or commercial know-how, methods and concepts, whether patentable or
otherwise. The Buyer is prohibited from using and/or modifying the intellectual property rights as
described in this article unless this purely involves the private use of the product itself.
10. Processing of personal data
The information provided by you is necessary to process and complete any orders and to prepare
the accounts. Orders are inevitably cancelled if these data are lacking. Supplying inaccurate or false
personal data will be regarded as an infringement of the present Terms and Conditions of Sale. The
personal data of the Buyer will only be processed in accordance with the purpose described in the
privacy statement on our website https://vellemanformakers.eu/privacy-statement/.
11. Applicable law and competent courts
All offers and agreements are governed by Belgian law. The applicability of the Vienna Sales
Convention is expressly excluded. All disputes related to or resulting from offers made by or
agreements concluded with Velleman will be governed by Belgian law and heard by the courts of
the judicial district of Ghent.
© 2019 deJuristen IT law & intellectual property (http://www.ictrecht.be). By operation of law, the
shared information (general terms & conditions, privacy statement, and disclaimer) is copyright
protected; as a result, the information must not be divulged or reproduced without the prior written
consent of deJuristen (contact@dejuristen.be). All applicable intellectual property rights are
therefore retained.
