GENERAL TERMS AND CONDITIONS – WHITE FIRE
1. Seller Identity
NV Billiet-Vanlaere
Bevrijdingslaan 13-15
8700 TIELT
BELGIUM
VAT No. BE 0408.161.845
T: +32 51 269 723
www.whitefire.be
info@whitefire.be
2. Definitions
a. Cooling-off period: the period during which the Consumer may exercise their Right of Withdrawal.
b. Day: calendar day.
c. Durable medium: any means (including email) that enables the recipient to store the information addressed to them for future reference.
d. Right of Withdrawal: the Consumer’s legal right to cancel a Distance Agreement within the Cooling-off Period.
e. Distance Agreement: an agreement concluded exclusively through (electronic) means of distance communication, between Buyer and Seller.
f. Model form: the model withdrawal form annexed to these Terms and Conditions, in accordance with EU standards.
g. Means of distance communication: tools that facilitate contract formation without both parties being physically present.
h. Buyer: any party purchasing goods or services from the Seller through a Distance Agreement.
i. Seller: NV Billiet-Vanlaere, as identified in Article 1 of these Terms and Conditions.
j. Consumer: a natural person acting for purposes outside their trade, business, craft, or profession.
k. Business Customer: a Buyer (individual or legal entity) pursuing economic activities on a sustained basis, including associations.
3. Applicability of the Terms and Conditions
a. These Terms apply to all offers from the Seller and any Distance Agreement concluded between the Seller and the Buyer.
b. The Terms will be made available to the Buyer prior to conclusion of the Agreement.
c. The Terms are electronically available in a form that can be stored on a Durable Medium. If not reasonably possible, the Seller will inform the Buyer where the Terms can be accessed electronically. A free copy will be provided upon request.
d. Deviations are only valid if mutually agreed in writing.
e. Valid Agreements may be concluded electronically.
4. Offer, Price, and Acceptance
a. The offer is an invitation to purchase; valid only while stocks last.
b. The offer contains a clear description of the product(s).
c. Obvious errors in the offer do not bind the Seller and may be corrected after the Agreement is concluded.
d. The Seller may revise prices for future Agreements. VAT-related price changes may apply post-conclusion.
e. Images are indicative; differences are not grounds for contract cancellation.
f. Prices for Consumers include VAT. Prices for Business Customers exclude VAT.
g. Delivery costs are not included unless explicitly stated.
h. Payments by Consumers must be made electronically. The order is final only after payment confirmation.
j. The Agreement is formed once the Seller accepts the order via electronic confirmation within 10 days.
k. The Buyer may cancel the order before acceptance.
5. Delivery
a. Stated delivery times are indicative only.
b. Delays do not entitle the Buyer to compensation or termination, unless the Seller fails to deliver within a legally reasonable timeframe.
c. Delivery is outsourced to third-party couriers; Seller is not liable for delivery issues but will initiate an investigation.
d. Risk transfers upon delivery. Signature is generally required, but absence does not affect risk transfer.
e. Delivery is deemed made at first attempt. Additional charges may apply for repeated attempts.
6. Performance of the Agreement
a. Seller guarantees conformity with specifications, usability, and applicable legal provisions (Belgian Civil Code Articles 1641–1649 and 1649bis–1649nonies).
b. Additional warranties do not restrict Consumers' legal rights.
c. Additional warranties go beyond the legal minimum.
d. Warranty exclusions:
Damage from (mis)use or external factors (moisture, fire, etc.)
Storage against instructions
e. Products must be inspected immediately upon delivery.
Businesses: notify defects within 7 days
Consumers: within 2 months
f. Returns must include original packaging and proof of purchase, at the Buyer’s cost and risk.
g. If eligible, the Buyer is entitled to free repair or replacement. Refunds are only issued if these fail to offer equivalent value.
h. Costs due to unjustified warranty claims are charged to the Buyer.
7. Right of Withdrawal
a. Applicable only to Consumers.
b. Consumers may cancel the Agreement within 14 days without justification.
c. The Consumer must notify the Seller within the Cooling-off Period using the Model Form or another clear method, including:
Order date, delivery date, withdrawal notice date
Full name and address
Signature
d. The 14-day period starts when the Consumer (or a designated third party) physically receives the goods.
e. The Consumer is liable for any devaluation resulting from use beyond inspection.
f. Products must be returned within 14 days from the withdrawal notice.
g. Returns must include original packaging and accessories.
h. The Consumer bears the burden of proof of timely withdrawal.
i. Return shipping costs are borne by the Consumer.
j. All supplementary contracts are voided upon withdrawal.
k. Seller confirms receipt of the withdrawal.
l. Seller refunds payments within 14 days after withdrawal notice but may wait until goods are received or proof of return is provided.
m. Refunds are made using the same payment method unless agreed otherwise.
n. No Right of Withdrawal applies to:
Custom-made goods (Article VI.53.3° Belgian Code of Economic Law)
Fully performed services (Article VI.53.1°)
8. Force Majeure
In case of events beyond Seller’s control (force majeure), performance may be suspended. No compensation or cancellation is possible unless the situation lasts over three (3) months.
9. Intellectual Property
All IP rights (copyrights, trademarks, design rights, etc.) remain with the Seller or the rightful owner. Buyers may not use or alter such rights except for private use.
10. Personal Data Processing
a. Personal data is required for processing orders and invoices. False or missing data leads to cancellation.
b. Seller takes all reasonable steps to protect data.
c. Data is processed only for the execution of the Agreement.
Buyers may exercise their rights (access, rectification, deletion, objection, portability, etc.) by contacting: info@whitefire.be
Complaints can be filed with the Belgian Data Protection Authority.
11. Miscellaneous
a. Invalidity of one clause does not affect others. Seller may replace it with a valid equivalent clause.
b. This Agreement is governed exclusively by Belgian law, excluding any other choice-of-law rules or the CISG.
c. Disputes fall under the exclusive jurisdiction of the Belgian courts where the Seller is headquartered. Amicable resolution is encouraged.