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General terms and conditions

Table of contents

Article 1 - Identity of the seller

We are ETABLISSEMENTEN TOBIAS NV with its registered office at Statiestraat 156, Box A, 1570 Galmaarden and with CBE number 0430.769.872, trading under the trade name "Creamats".

E-mail address: info@creamats.com
Telephone n°: +32 465 08 06 04
VAT number: : BE0430.769.872

Article 2 - Applicability & Conditions

  1. Our terms and conditions apply to any offer from us as web merchant to you as a Consumer (a Consumer is any natural person acting for purposes outside their trade, business, craft or profession).
  2. We only deliver goods in Belgium and the Netherlands. If you provide a delivery address in another country, we may refuse your order.
  3. To place an order, you must be at least 18 years old. If we find that an order has been placed by a minor, we may refuse that order.
  4. Placing an order on the webshop constitutes express acceptance of our general terms and conditions of sale, which are always available on the website.
  5. If you order via our webshop, we will also provide you with a copy of these general terms and conditions in a format that you can save or print out together with the order confirmation or, at the latest, upon delivery. We recommend that you always do this.
  6. 6. If additional special terms and conditions apply in addition to these general terms and conditions, the above also applies to those special terms and conditions. If our general terms and conditions should conflict with those special terms and conditions, you as Consumer can always invoke the most advantageous text in your favour.

Article 3 - Our offer and your order

  1. If an offer only has a limited validity period or is subject to certain conditions, we state this explicitly in our offer. We always describe as completely and accurately as possible what we are selling you and how the ordering process will take place. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we use images, they are a true representation of the goods and/or services on offer. However, to err is human and if we are obviously mistaken, we are under no obligation to still deliver to you.
  2. Your order is complete and the agreement between us is final as soon as we confirm your order by email and as soon as we have received approval from the card issuer for your payment transaction with credit or debit card(s). We accept payments via "Mollie" and "Multisafepay". If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
  3. To purchase a product, add the product to your shopping basket. Then enter your contact details and billing information. In the last step, you get an overview page, accept our general terms and conditions and confirm your payment by pressing the order button marked "order with payment obligation". Once you have completed these steps, your purchase is final.

Article 4 - Right of withdrawal

  1. If you buy goods or services from us, during 14 days from delivery or[1] the conclusion of the contract, you have the right to decide that you do not want to keep the goods. You can then return your order without payment of a fee and without giving any reason (you pay the costs for this yourself). Within 14 days after we have received your order back or you have indicated that you wish to withdraw from the agreement, we will refund you the full purchase price thereof using the same means of payment as that with which you paid.
  2. The direct cost of returning the goods will therefore be borne by you. We will indicate the cost price or make an estimate, if this cannot be reasonably calculated in advance. If the goods cannot be returned by post, we will collect them from you and you will not be charged.
  3. We may wait to refund until we have received the goods back or until you have proved that you have returned the goods, whichever comes first.
  4. During the first 14 days after delivery, we expect you to handle the order and its packaging with care. If you still wish to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep the item. Returned goods may be fitted but must not have been used. If you return the goods, this must be done if possible together with the original packaging, with all delivered accessories and in the original condition and packaging and taking into account our instructions below.
  5. You can return your return parcel via post or courier.
  6. To exercise your right of withdrawal quickly and correctly, please follow this form invullen. We will send you a confirmation of receipt of your revocation by e-mail.

Article 5 - The price

  1. During the period mentioned in our offer, our prices do not change.
  2. Our prices include all taxes, VAT, duties and services. So there will never be any surprises. However, we may decide to charge shipping costs on top of the price. In that case we will always clearly state the amount of these shipping costs before you finalise your purchase.
  3. We are not bound by price indications that are obviously incorrect, e.g. in case of printing or language errors. The Consumer cannot derive any rights from unlawful price information.

Article 6 - Payment

  1. We can only accept payment via the payment modules on our website.
  2. To ensure safe online payment and the security of your personal data, transaction data is encrypted with SSL technology over the internet. You do not need any special software to pay with SSL. You will recognise a secure SSL connection by the "lock" in the lower status bar of your browser.

Article 7 - Conformity and Warranty

  1. We guarantee that our goods conform to your order and meet the normal expectations you may have of them taking into account the specifications of the product. The Consumer benefits from the legal guarantee of conformity as stipulated by articles 1649bis to 1649nonies and 1701/1 to 1701/19 of the old Civil Code. We naturally also guarantee you that our goods comply with all laws and regulations existing at the time of your order.
  2. With regard to the delivery of goods, we apply the statutory minimum warranty period of two years if the good does not conform to the order placed. This means that if the goods are faulty or defective, they will be repaired or replaced free of charge up to 2 years after delivery.
  3. To the extent possible and reasonable, you shall have the choice between repair or replacement. Only in the event that the repair or replacement is excessive or impossible or cannot be carried out within a reasonable time, you are entitled to demand a price reduction or the termination of the sales contract.
  4. If the defect or fault manifests itself within 6 months2 years of delivery, it is deemed to have already existed before delivery, unless we can prove the contrary. After 6 months2 years, you will have to prove yourself that the defect was already present at the time of delivery.

Article 8 - Delivery and execution

  1. All goods and services will be delivered to the address indicated by you when you place your order.
  2. When an article is in stock, it is delivered to your delivery address within 1 to 4 working days. If an article is not in stock, it will be delivered to your delivery address within 3 to 6 working days. We will inform you of the delivery time in your order confirmation.
  3. Deliveries are made by an external logistics partner, whose costs are shown when the order is placed.
  4. If we cannot deliver on time, we will always notify you before the expiry of the scheduled delivery period. If we fail to do so, you can cancel your order free of charge. In that case, we will refund you within 30 days of cancellation at the latest.
  5. Our shipments are always made at our risk. So you don't have to worry about goods getting lost in the post. However, if you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for the transport.
  6. If the goods delivered by us were damaged during transport, do not match the items listed on the delivery note or do not match the items you ordered, you must report this as soon as possible and certainly within 3 days and return the items to us within 14 calendar days of receipt. [The following sentence only applies if you use and enclose a return form]. You must use the enclosed "return form" for this purpose. If you have any questions when filling in this return form, please contact one of our employees at the e-mail address info@creamats.com.
  7. We cannot be held liable to the Consumer for any damage to persons, goods, animals, services, etc., which would result directly or indirectly from the products ordered, except in cases of gross error, fraud or deceit.

Article 9 - Duration

  1. The Consumer may terminate an agreement entered into for an indefinite period of time at any time subject to agreed termination rules and a notice period not exceeding one month.
  2. An agreement entered into for a fixed term has a maximum term of two years.

Article 10 - Force majeure

  1. In case of force majeure, we are not obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or dissolve the agreement definitively.
  2. Force majeure is any circumstance beyond our will and control that prevents the performance of our obligations in whole or in part. By this we mean, inter alia, strikes, fire, operational failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of our website at any time, non-delivery or non-timely delivery of suppliers or other third parties engaged, ...

Article 11 - Intellectual property

  1. Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights vested either in us, our suppliers or other rights holders.
  2. 2. You are prohibited from using and/or modifying the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photos names, texts, logos, colour combination, etc ... without our prior and express written consent.

Article 12 - Complaints procedure and disputes

  1. Of course, we always hope that all our customers are 100% satisfied. If you do have any complaints about our services, you can contact us at info@creamats.com. We will make every effort to deal with your complaint within 7 days.
  2. All agreements we conclude with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of disputes, only the competent Belgian courts have jurisdiction. If for reasons of international law a different law does apply, the interpretation of these general terms and conditions will primarily refer to the applicable Belgian legislation.