General Conditions of Sale
1. The seller
In these general conditions of sale, the seller is designated by the term DAVIDTS. DAVIDTS is the trade name designating the website www.davidts.eu and its aliased (.be, .fr, .lu, .nl).
The public limited company Davidts is registered with the Banque-Carrefour des Entreprises or BCE (Crossroads Bank for Enterprises) under number 423.212.582 (VAT number BE0423.212.582).
The head office is located at Rue des Semailles, no. 27 - 4400 Flémalle, Belgium.
Any questions concerning these general conditions of sale, order/delivery terms or the after-sales service can be communicated by letter, phone or fax according to opening hours (outside of legal holiday periods) and using the contact details indicated in Article no. 15 "Full company details and opening times" of these general conditions of sale.
2. The user
The user designates anyone using the site either for browsing or for placing an order. A user who places an order and concludes a purchase on the site is deemed to be of legal age and responsible for his/her purchase. The buyer describes anyone concluding an order on the site.
DAVIDTS sells products to individuals.
DAVIDTS operates in Belgium, France, Luxembourg, Germany and the Netherlands. We can only accept orders with a delivery address located in Belgium, France (including the DOM-TOMS), Germany, Luxembourg and the Netherlands. The agreement can be concluded in German, English, Dutch and French at the customer's choosing.
3. General conditions of sale
These general conditions of sale aim to define the rights and obligations of the parties (the seller and the user) in the context of distance sales on the e-commerce site www.davidts.eu.
These general conditions of sale are the only ones applicable, unless specified otherwise in the sales contract obtained in writing from DAVIDTS. They may be changed by DAVIDTS at any time. Amendments will be enforceable as soon as they appear on the site with the exception of orders placed before these amendments were made.
All orders assume the acceptance of our general conditions of sale by the customer. All our offers are non-binding. The sales contract is only concluded between the seller and the buyer when the customer receives the order confirmation from DAVIDTS by email. They also appear in the customer's online account and contain a summary of the terms of the sales contract: description and quantity of the products purchased, details of the buyer and the sellers, billing and delivery address, order amount and delivery costs, estimated delivery date. The user agrees that placing an order on the site is equivalent to signing an order form with all the related validity. DAVIDTS reserves the right to refuse an order or to subject it to additional conditions. The buyer must agree to the new conditions before the sale is considered to be concluded.
4. Products
All products presented on this site have been carefully selected by DAVIDTS to offer you quality items. The products are described as precisely as possible and in good faith based on the information available to DAVIDTS. If, despite the precautions taken, the product description is incomplete or incorrect, DAVIDTS accepts no responsibility for this. The products offered comply with Belgian legislation.
Any foreign user placing an order must ensure the compliance of the products ordered with current legislation in his/her country. Similarly, DAVIDTS cannot be held responsible for the incorrect use of the products acquired on the site.
The photos of the products shown on the site are not contractually-binding and may contain elements or items not included in the price.
5. Prices
Unless specified otherwise, prices include VAT and other taxes and exclude transport and shipping costs to the buyer.
6. Transport and delivery terms
The product ordered is delivered to the delivery address agreed with the buyer as set out in the order confirmation.
Shipping costs are calculated based on the order amount, the country and delivery method chosen by the customer. Delivery can only be made to those countries listed on the website. We reserve the right to adjust/modify these delivery costs but they are always clearly indicated on the order confirmation page and on the site.
The delivery times indicated are not binding and are purely indicative. This period begins when DAVIDTS receives payment for the order in its account.
The costs indicated and the delivery times by country can be found on our site under "delivery methods and costs".
DAVIDTS cannot be held responsible for any delivery delays once the order has been passed to the carrier. Except in the case of an intentional delay or due to a failure by DAVIDTS, no delay can give rise to the termination of the order or the payment of compensation to the buyer. Any incorrect delivery address is the buyer's responsibility and may result in additional fees.
If within 7 working days of delivery of the package to the carrier/the delivery company, the package has still not reached the buyer, the buyer must inform (via email or letter) DAVIDTS in writing who will make every effort to locate said package.
If the delivery time is more than 30 days after that indicated on the order confirmation, with the exception of force majeure, the buyer may cancel the purchase and any sums received by DAVIDTS will be refunded to the buyer with no interest or other type of compensation. Orders are packaged with the greatest care to guarantee the original state of the product. The customer agrees to check the compliance on receipt and, if applicable, to refuse the delivery in case of an obvious defect. Any delivery marred by an obvious defect will result in the repair of this defect. To be more respectful of the environment, products may be shipped in recycled packaging.
7. Force majeure
We cannot be held responsible for a delay in the execution of or the non-execution of our commitments due to events outside of our control, including production interruptions, supply difficulties or shortages of raw material, labour, energy or transport, or transport delays, strikes, lockouts, work interruptions other collective labour disputes affecting us or our suppliers, even if these events were foreseeable.
8. Transfer of ownership
The products delivered remain the property of DAVIDTS until the price is paid in full and definitively, including fees and charges, late interest and compensation. In case of non-payment, we reserve the right to take back possession of the products, legally and at the buyer's expense.
9. Availability
All products are assumed to be in stock. If this is not the case, the time when the product is expected to be back in stock is indicated on the product page.
10. Payment methods
The buyer may pay for the order:
Directly on the site using HiPay (secure payment environment)
- By payment card (debit/credit card): MasterCard, Visa, Bancontact/Mister Cash, Multibanco
- By Net Banking (transfer/drawdown): Belfius Direct Net, KBC/CBC Online, ING Homepay, iDEAL, Sofort
Directly on the site using PayPal (secure payment environment)
By payment card (credit cards): MasterCard and Visa.
Or by Bank Transfer
Within 10 days. After this time, if the payment hasn't been received in DAVIDTS' account, the order will be cancelled. DAVIDTS' bank details are as follows:
IBAN: BE 39 3400 9609 6019
BIC – SWIFT: BBRUBEBB
DAVIDTS agrees to use services guaranteeing the security of bank details. However, we cannot be held responsible for a fault with the system when the management and security is the responsibility of Hipay or the customer's bank.
The security of electronic money transfers and the proper execution of payment orders is the exclusive responsibility of the financial organisations managing these transfers. DAVIDTS cannot be held responsible for any damage resulting from an error, omission, failure, malfunction or a reprehensible act which is not directly attributable to us. The general conditions of these financial organisations – accessible at http://www.hipaymobile.com/55/general-terms-and-conditions concerning HiPay and accessible at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full concerning PayPal – are applicable.
11. Withdrawal rights
The buyer has the right to notify the seller that he/she wishes to withdraw from the purchase without penalty and without giving a reason within 14 calendar days of when the buyer or another third party takes possession of the package.
Return costs during the withdrawal period will be borne by DAVIDTS for metropolitan France and Benelux.
To exercise this withdrawal right, the consumer must return the product in its original packaging within 14 days of informing the seller, by taking it to a DPD collection point and attaching the label provided by DAVIDTS clearing indicating their details and order references.
DAVIDTS reserves the right to refuse any return package which does not comply with these conditions.
The return request in the context of the withdrawal right may be made by email (info@davidts.be) or via our contact form.
You can download the withdrawal form from our "Withdrawal right" page.
The refund is made by DAVIDTS within 14 days of the product being returned or of the customer sending proof of the return. The refund includes delivery costs unless the buyer has chosen a delivery method which is more expensive than the cheapest standard option. Any product damaged or used for purposes or uses other than those strictly limited to the reasonable exercise of the withdrawal right will be refused by DAVIDTS.
12. Warranty and aftersales service
12.1. Legal warranty
The 2-year legal warranty applies to all products.
This warranty only covers compliance defects existing at the time of delivery of the products. The following is excluded:
- Any direct or indirect damage caused to the product after delivery (e.g. due to oxidation, shocks, falls, etc.);
- The replacement of elements or accessories whose regular renewal is to be expected;
- Damage following a fire, water damage, lightning, an accident or a natural disaster;
- Defects caused expressly or by negligence, by unsuitable handling, poor maintenance or abnormal use or that which doesn't comply with the manufacturer's provisions;
- Damage due to commercial, professional or collective use.
The compliance defect must be reported in writing to DAVIDTS within two months of it being noticed.
Any request for intervention must be communicated to our aftersales service. In case of intervention by a third party who is not appointed by DAVIDTS, the benefit of the warranty is cancelled.
These conditions and restrictions do not affect legal provisions on the matter.
12.2. Commercial warranty
The purchase of certain products gives rise to 3-year commercial warranty (1 year in addition to the 2-year legal warranty) in case of a material or manufacturing defect according to the conditions set out in the legal warranty.
Any warranty longer than the 2-year legal warranty is always mentioned on the product sheet.
Any request for intervention must be communicated to our aftersales service. In case of intervention by a third party who is not appointed by DAVIDTS, the benefit of the warranty is cancelled.
If an intervention covered by the warranty requires the product to be returned, the consumer will return the goods at their own expense.
12.3. Products not covered by the warranty
Any request for intervention on products which are not covered by legal warranties and the commercial warranty must be sent to our aftersales department. Any request for spare parts or repairs must be subject to a quote.
13. Communication
DAVIDTS prefers to communicate with the user for order confirmation and tracking, complaints management and the aftersales service via the email address provided by the customer at the time of the order.
14. Evidence
The parties agree on electronic evidence (email, backup, etc).
15. Full details of the company and opening times
Address: Rue des Semailles, no. 27, 4400 Flémalle, Belgium.
Email: shop@davidts.be
Telephone: 0032 4 344 97 97
Fax: 0032 4 344 97 91
Company number: 423.212.582
VAT number: BE0423.212.582
Our site is hosted in France by OVH, 2 rue Kellermann - 59100 Roubaix - France
You can contact us Monday to Friday 8.30am - 12.30pm and 1pm - 4.30pm.
We will endeavour to get back to you within 3 working days (outside of legal bank holiday periods).
Bank holidays are as follows: 1 January, 17 April, 1 May, 25 May, 5 June, 21 July, 15 August, 1 November, 11 November, 25 December.
16. Privacy - GDPR
Only users creating a customer account or registering for the newsletter must communicate personal information to allow DAVIDTS to provide the service expected.
When placing an order, buyers expressly agree to the processing and use of their personal data for purposes such as the administration of customer records, order, delivery and billing management, determination of creditworthiness, marketing and advertising. Processing for the purposes of marketing and targeted advertising can only take place provided that the customer has expressly given their agreement to this during the ordering process.
All this data is processed in accordance with the provisions of the law of 8 December 1992 concerning privacy protection.
To ensure the proper functioning of our site, we use "cookies". If you would like more information about the use of your personal data and the use of "cookies", please consult our page "privacy policy".
All these data will be processed in accordance with the provisions of the law of 8 December 1992 on the protection of privacy and the European Union Regulation number 2016/679, known as the General Data Protection Regulation (GDPR).
The customer retains control over the data communicated to Davidts and may, at any time and without cost, make changes and corrections if they are inaccurate, in accordance with Article 16 of the GDPR.
He also has a right to the erasure of his personal data (article 17 of the GDPR) as well as a right to oppose the processing of these data (article 15 of the GDPR). The right of inspection is exercised after sending a written request to Davidts.
Davidts web host, OVH SAS, has pledged to take all necessary measures to comply with the GDPR.
To ensure the proper functioning of our site, we use "cookies".
If you would like more information about the use of your personal data and the use of "cookies", please consult our pages privacy policy and cookie policy.
17. Intellectual property
Text, graphical elements, their layout on the site and the website itself (including databases, their structure and the data saved), logos, distinctive signs, trade names and product references are protected by the intellectual property rights held by DAVIDTS or its suppliers. Any deterioration, reuse, reproduction or distribution of the site's various elements is prohibited and exposes its perpetrator(s) to legal consequences.
18. Applicable law and competent jurisdiction
Belgian law applies to all sales agreements concluded between DAVIDTS and the user.
In case of dispute, only the Courts of Liège - Liège division are competent. The proceedings will take place in the French language.
