General Terms and Conditions
 
These conditions only apply for online orders placed via the webshop www.abitanadirect.com .
 
1.       Abitana NV is a company with registered offices at Bergensesteenweg 709 bus 34, 1600 Sint-Pieters-Leeuw, Belgium. The company is registered with National Registry number 0478469722, VAT number BE 0478.469.722, phone +32 (0) 2 412 00 60, e-mail sales@abitana.com, bank account IBAN BE73 7775 9919 0395.
2.       Unless explicitly agreed otherwise between the parties in writing, the relationship between Abitana NV and its customers is regulated by these General Terms and Conditions, which are accepted by the customer, even if they might conflict with the customer’s general or specific purchasing terms and conditions. The fact that the customer has not received these conditions in his mother tongue does not release the customer from the obligation to subject to these conditions.
3.       Notwithstanding the fact that the website www.abitana.com and the webshop www.abitanadirect.com can be consulted and used by worldwide internet visitors, the online webshop has been made and destined solely for customers resident in a restricted number of countries.
4.       Abitana NV retains the right to modify its General terms and Conditions without notifying the customers individually, the modifications giving no ground to the customer to claim any compensation. It is therefore the customer’s obligation to verify periodically and prior to any purchase order if any modifications have been made to the terms and conditions.
5.       Abitana NV retains the right to modify prices and specifications at any time. Prices shown online are valid up to the moment of placing the order.  Prices shown on offer documents are valid till the date mentioned in the offer documents.
6.       Payments of online orders can be made in following ways:
•    Via the secure payment providers listed on the webshop.
•    Via manual bank transfer to our Bank Account.  (In this case the products can only be reserved after reception of the payment).  We therefore urge our customers to instruct their bank tp process the payment as quickly as possible.
7.       The payment has to be executed immediately and in its entirety.
If for any reason the order cannot be delivered entirely, we will contact the customer by phone or e-mail and reimburse within one working week the non-deliverable goods by transfer to a bank account number indicated by the customer.
For reimbursement as a consequence of the right to reconsider, see paragraph 12.
8.       Unless we experience a case of force majeure, the delivery will be made between 3 and 7 working days after reception of the payment.  The delivery lead time is only indicative. Abitana NV will do everything reasonably possible to respect the indicated lead time, but the fact that the lead time has been exceeded does not give the customer ground to claim an indemnity or to cancel or annulate the order. If some goods are not deliverable, Abitana NV will inform the customer as soon as possible.  Abitana NV retains the right to replace the ordered product by an equivalent product if this is a new version of the same product or a successor to a product that is not available any more.  
9.       Delivery is made to the address indicated on the order form. The delivery service will ask for presentation of a legitimation and request the signature of the customer on a copy of the delivery note confirming that the goods have been delivered in good condition. Any visible damage or defect should be mentioned to the courier on the delivery note and also immediately notified for follow-up to our sales department  by e-mail to sales@abitana.com
10.   Abitana NV offers a 24 month warranty on the products that it manufactures to consumers and a 12 month warranty to business customers.  If during the warranty period after it appears after inspection that the goods do not fulfil the specifications which can reasonably be expected, the products will be replaced by equivalent products or repaired at the discretion of Abitana NV. For goods for which Abitana NV acts as intermediary, the warranty is limited to the warranty offered by the manufacturer.
The warranty does not extend to interventions or replacements due to natural wear and tear, or negligence or improper use.
Abitana NV is not bound to honour any claim for indemnity, nor costs for intervention or consequential damages whatsoever which goes beyond the obligation of replacement or repair mentioned above. The delivery note and/or invoice are the titles to your warranty, please store them in a safe place.  To be able to exercise your warranty, please contact our sales department at phone nr +32 (0)2 412 00 60, or fax +32 (0)2 412 00 61, or e-mail to sales@abitana.com .
11.   Abitana NV may add hyperlinks to its website www.abitana.com and webshop www.abitanadirect.com  that refer to third party websites.  Abitana NV declines any responsibility for the content that appears on linked sites., managed by third parties.
12.   The legal framework regarding online sales to consumers is regulated by the Belgian laws in the Wetboek of Economisch Recht (WER), art. VI,46, more specifically in par. 2, par. 3 and par. 7.
The consumer has the right to resiliate a purchase, without having to justify this resiliation, and without incurring a penalty, within a period of 14 days following the date of delivery.  This right of resiliation exists to allow the consumer to evaluate the goods in conditions comparable to those in a physical store. The law specifies “consumer” as physical persons or legal entities that are using the purchased goods for non-professional purposes.  Therefore the right of resiliation does not exist for products purchased for professional use.
The resiliation will only come into effect under the explicit condition that the customer has notified his desire to resiliate  by email to sales@abitana.com or registered mail to Abitana NV, E-shop Order Resiliation,  Bergensesteenweg 709 bus 34, 1600 Sint-Pieters-Leeuw, Belgium,  under the explicit conditions that the goods are in the original package, complete, unused, undamaged and ready for resale.  Products that would not be returned in this condition to Abitana NV will remain at the disposal of the customer, who will have to pay the price for them.
When a consumer exercises his right for resiliation within the 14 days following the delivery, he will have to return the goods at his own expense to Abitana NV . Goods returned under other conditions will be refused.  In your own interest, we advise you to ask for a proof of return from the postal or transport courier. The goods have to be returned to the address mentioned in paragraph 1 above, accompanied by delivery note or invoice.
When the right of resiliation has been exercised in this way, we will refund within a period of 14 days any sum paid for the purchase of  products, not including transport costs. Refunding will be delayed or refused if goods have not been returned and/or proff of return is missing.  Refunding will be done to a bank account indicated by the customer in the registered mail by which he notifies his desire to resiliate.
13.   If one of these conditions becomes null or non-executable, all the other conditions remain in force unabridged and enforceable by law.
14.   The parties accept in their dealings electronic proofs (eg e-mails, database records, data backups,etc) if deemed acceptable by the court of commerce.
Any dispute regarding validity, interpretation or execution of the above conditions are regulated by the law of the Kingdom of Belgium and will be judged by the court of commerce of Vlaams-Brabant,  Flanders region.
For private consumers, dispute resolution is available through by the European Union’s online dispute resolution platform:  https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks