General Terms and Conditions
IDENTIFICATION
1.1 Identification of the Publisher
House of Porters NV
Schranshoeve Lane 15
2160 Wommelgem
BE0460105840
SCOPE OF APPLICATION
These General Terms of Sale apply to orders placed on the Belgian Internet site www.houseofporters.com by natural persons acting in the capacity of consumers (hereinafter "the Customer").
These General Conditions of Sale can be modified at any time by "House Of Porters NV".
The confirmation of the order by the Customer implies full, unlimited and unconditional acceptance of these General Terms of Sale by the Customer, to the exclusion of any other document.
PRODUCTS/PRICE
3.1 Product offerings
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. House Of Porters reserves the right to modify its offer at any time by adding, modifying or removing Products.
The Products are displayed as accurately as possible. The perfect display of the Products on the Internet site cannot be guaranteed, in particular due to the difference in display of colors or materials by browser programs and/or monitors.
The delivered Product may differ from the Product presented on the Site without giving the right to cancellation of the sale by the Customer i) if the Product in question is a product manufactured artisanally or semi-artisanally such that perfect homogeneity of production is not possible, ii) or if the Product is subject to changes related to technical or technological developments between the order date and the delivery date, in both cases on the understanding that the difference does not concern essential characteristics of the Product, does not affect quality and does not entail an increase in price.
3.2 Price of the Products
The Prices of the products are displayed in euros and include all taxes and duties. The price displayed does not include the costs of preparation and delivery, unless otherwise stated.
House Of Porters NV reserves the right to change the prices of its Products at its own discretion. The tariff conditions in force on the date of validation of the order by the Customer shall apply to the order.
ORDERS
4.1 Placing an order
The Customer may place an order with House Of Porters NV
- By phone at Customer Service on 03 213 34 75
Orders placed by phone will be processed immediately by a customer service representative.
- Online at the Site www.houseofporters.com
Every order placed on the Site www.houseofporters.comverondersteltrequires the creation of a customer account. The Customer must add the selected products to his shopping cart. The Customer has the opportunity to view his order and the total price in detail and can make changes before final validation of the order.
Orders sent to House of Porters NV by mail or fax will not be processed.
4.2 Validating an order
Acceptance of the order by the Customer is materialized by his acceptance of these General Terms and Conditions of Sale and payment.
House Of Porters NV reserves the right to refuse an order for legitimate reasons, in particular in case of an unresolved dispute resulting from non-payment of a previous order.
House Of Porters will send a confirmation of the order by e-mail as soon as possible, indicating the substantial elements (order number, products ordered, place of delivery, etc.).
The Client agrees that the confirmation of the order shall be considered as proof of the establishment of the contractual relationship with House Of Porters NV.
In the event of non-availability of one or more ordered product(s), House Of Porters NV undertakes to inform the Client of this by e-mail as soon as possible.
PAYMENT
5.1 Payment
Payment is made exclusively in euros and for the total amount of the order by bank card, bank transfer , PayPal, gift certificate, voucher or purchase receipt.
Orders will be processed only after validation of payment, no discount or late payment interest will be applied. Payments cannot be suspended or settled without prior written agreement from House Of Porters NV
5.1.1 Payment by bank card
The following bank cards are accepted: Bankcard, Visa, Mastercard and Bancontact.
As part of its commitment to combating fraud on the Internet, House Of Porters NV may be required to verify bank details and/or the identity of customers prior to delivery. By placing an order on the Site www.houseofporters.com, the customer undertakes to provide House Of Porters NV with the evidence requested. If the requested details are not provided within the deadline, House Of Porters NV reserves the right to cancel the order to which the checks relate.
5.1.2 Payment by bank transfer
Any payment by bank transfer must be paid in full when ordering. The bank details of House Of Porters NV are communicated to the customer on the order confirmation page and by e-mail.
In case the bank transfer is not received within a period of three (3) days from confirmation of the order by the Customer, the order will be considered cancelled.
5.1.3 Payment via Paypal
When validating the order, the Customer must use his email address associated with PayPal and his PayPal password. If the Customer does not have a PayPal account, upon payment he will be directed to the PayPal page where he can create an account to use this payment method.
5.1.4 Payment by gift card
The gift certificate House Of Porters NV is valid for one (1) year from the date of activation corresponding to the date of purchase and cannot be exchanged, refunded or redeemed for contact money for any reason.
The partial use of and gift certificate is accepted, the remaining balance can be consulted on the Site. In case of partial payment of an order with a gift card, the Customer must pay the remaining amount by bank card.
Accumulating gift certificates will be accepted up to a maximum of five (5) vouchers and a purchase of three thousand euros (€3,000).
5.1.5 Payment by voucher
The credit can be used at the Site of the country where the store that issued the credit is located, and is valid for one (1) year from the date of issue. The credit can be used in one or more occasions. The credit may be used in addition to any other means of payment except a gift card or purchase receipt.
5.1.6 Payment with purchase receipt
The voucher must be used in one (1) time and cannot be divided, no refunds will be made on a voucher. The purchase voucher can be used in addition to any other means of payment except a gift card or credit.
5.2 Billing
The invoice sent to the Customer contains all indications entered by the Customer in his customer account. The indications listed cannot be changed after issuance of the invoice. The Buyer can change the indications with each new order on the Site.
DELIVERY
6.1 Cost and modalities of delivery
Delivery may take place at the store, a pickup point or the Customer's home address. The type of transportation, time frame and cost will be indicated on the order depending on the place of delivery, the nature of the Products ordered and the type of performance chosen by the Customer. Orders containing a Product that has been customized cannot be split and will be delivered in full by the carrier to the delivery address as specified by the Customer.
In-store delivery: Free in-store delivery is possible for certain product categories. Whether in-store delivery is possible is indicated when validating the shopping cart.
Pickup of a Product is possible only upon presentation of the order form and proof of identity of the person whose name appears on the order form. A third party can pick up the Product upon presentation of the order form, their ID and the original or a copy of the ID of the person who placed the order and a valid power of attorney.
Delivery by carrier: delivery of small decoration items are provided by courier services. Whether this delivery method is possible is indicated when validating the order.
The delivery of large items or furniture is provided by a specialized carrier. The date and time of delivery are determined jointly by the carrier and the Customer. The carrier and the delivery conditions vary depending on the volume of the order. It is up to the Customer to check the delivery conditions when validating the order.
Where appropriate, the Customer shall take care of the assembly of furniture delivered disassembled, specific charges will be made for assembly services.
GOLD service
For orders with a value exceeding a certain amount, the Customer can opt for the Gold service at the time of validation of the order. The order will then be delivered by appointment to the floor and in the room as used by the Customer. The packaging can be returned free of charge.
It is up to the Customer to check, prior to ordering, the data regarding size and volume and whether the products can be transported in a normal way to the desired place of delivery (stairs, elevator...). The rental of elements enabling delivery to the desired place is at the Customer's expense.
In case d carriers of House Of Porters NV are unable to deliver the Products on the agreed date, due to the Customer's absence or lack of information about the need for specific means of delivery, additional delivery costs may be charged and/or the order may be cancelled by House Of Porters NV The risks of the Product pass to the Customer upon delivery by the carriers of House Of Porters NV on the agreed date of delivery.
If Products of an order become available on different dates, House Of Porters NV offers the Customer to split the order. In case of split delivery, delivery charges will apply to each partial delivery of the order. If there is no split delivery, the Products will be delivered as soon as all ordered Products are available.
6.2 Receipt and complaints
Reservation of use: The Customer (or his agent) must check the condition of the packaging, the number and contents of the packages at the time of delivery and in the presence of the carrier or the store team. Any anomaly regarding the delivery (transport damage, missing product or package, broken product, product not conforming to the order, etc.) must, under penalty of non-validity of the request, be immediately noted on the carrier's delivery note in the form of a detailed and dated handwritten reservation. The Customer (or his authorized representative) must sign the delivery note. General reservations of the "subject to unpacking" type are systematically rejected.
The Customer (or his agent) must also report these anomalies to House Of Porters NV Customer Service within three (3) working days of the delivery date by registered letter with acknowledgment of receipt. Any complaint received after this deadline will be definitively rejected without any possibility of appeal for the Customer.
Product defect: In the event of a visible defect or non-conformity of the delivered product with the characteristics as stated on the order form, the Customer (or its authorized representative) must report these defects to House Of Porters NV Customer Service within three (3) working days of delivery by registered letter with acknowledgment of receipt.
The Customer (or his authorized representative) must not do anything to the product and give House Of Porters NV the opportunity to identify the reported defects or anomalies himself.
If this is not met, the complaint cannot be processed. Any complaint received after this deadline will be definitively rejected with no recourse for the Customer. The Products are described as accurately as possible. In the event of a defect or non-conformity of the Product found by House Of Porters NV that makes the Product unsuitable for its intended use, the warranty provisions shall apply.
Regardless of the reason for the complaint (product defect or delivery problem), the Customer (or its authorized representative) cannot refuse delivery to the carrier, the Customer (or its authorized representative) must keep the Product(s) until acceptance of return from House Of Porters NV
RIGHT OF RETURN
The Customer has the right to revoke his order within fourteen (14) calendar days from the day of receipt of the Products.
To exercise this right of withdrawal and return the Products, the Customer goes to his order details via his customer account. Next to the relevant Products, the Customer selects the option "Return Product" and indicates the reason for his choice.
The request is immediately forwarded to Customer Services who will contact the Customer to organize the return depending on the original delivery method.
The exercise of the right of withdrawal by the Customer implies the obligation to return the cancelled Products in perfect condition and in their original packaging within fourteen (14) days of exercising this right (except for Gold service)
The Client will receive a refund of the amount due for the Products returned as soon as possible and at the latest within fourteen (14) days of exercising his right of withdrawal, provided that House Of Porters NV has received the Products back in perfect condition, in their original packaging and with all accessories, if any. The original delivery costs will only be refunded if the entire order is returned
Custom made Products or Special orders cannot be returned, exchanged or refunded
GUARANTEE OF THE PRODUCTS
Products sold by House Of Porters NV are covered by a warranty of two (2) years from delivery or collection. House Of Porters NV is therefore liable for defects in the products in question.
For a valid claim under the warranty, the Customer must present the Product and proof of purchase or invoice.
House Of Porters NV undertakes to repair or replace the Product recognized as defective, according to the Customer's choice. If repair or replacement is not possible or involves disproportionate costs, House Of Porters NV may proceed to refund the Product.
Repaired or exchanged Products are subject to the remaining warranty period.
Are excluded from the warranty:
- damage to the Product due to normal use and wear and tear taking into account the nature, function, composition and price;
- Products that have been used excessively, especially for purposes other than private use;
- all Product defects that may result from improper installation, storage, safekeeping or assembly, improper maintenance, improper use or use not in accordance with the technical or user instructions (non-compliance with the maintenance and cleaning instructions), modifications or repairs carried out by the purchaser or a third party, damage caused by external elements (too heavy TV on a piece of furniture not designed for this purpose), external events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (in case of discoloration), natural disasters or severe weather.
For banks that qualify for a 5-year warranty according to the product sheet, this warranty applies:
- Five (5) years for the structure, legs, screws, mechanism of sofa bed, bottom cloth and upholstery foam;
- Two (2) years for back and seat padding, upholstery and mattress of sofa beds;
The liability of House Of Porters NV on account of Products delivered, including under contractual or legally applicable warranties is limited to the price of the defective or non-conforming Products. House Of Porters NV shall not be obliged to compensate any indirect damage or any other financial loss suffered by the buyer or a third party.
PERSONAL DATA
House Of Porters NV attaches great importance to protecting and respecting the privacy of its Clients and their personal data and undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. House Of Porters NV collects and processes personal data from its Customers for the purpose of managing the various stages of the order, answering questions and conducting satisfaction surveys in response to orders. Customers have a right to access, correct, object and delete their personal data. He may also request restriction and transfer of his data. The Customer can exercise these rights by sending a request to info@houseofporters.com, indicating his contact details (name, first name, e-mail address, telephone number). House Of Porters NV may be required to verify the Customer's identity in order to secure the processing of his request. e House Of Porters NV, heading "Personal data". More information on House Of Porters NV's practices regarding personal data can be found in the Personal Data Protection Policy available on the Site www.houseofporters.com section "personal data".
INTELLECTUAL PROPERTY
All elements displayed on the Site www.houseofporters.com such as and without this being an exhaustive enumeration, images, mood photos, clipping paths, videos, graphical overviews, constructive sound elements of the Site, logos, brands, domain names, texts, typography remain the property of the company House Of Porters NV and constitute works protected by the provisions of intellectual property law.
House Of Porters NV owns all intellectual property rights to the products, and more generally to the trademarks, illustrations, images and logos displayed on the articles, accessories or packaging. These remain the exclusive property of House Of Porters NV with the exception of the rights of its partners and/or suppliers to their products brands and logos displayed on the Site. Any full or partial reproduction, any modification in and/or any use of these images, mood photos, clipping paths, videos, graphic outlines, sounds, logos, products, brands, domain names, texts, typography for any reason and on any support is strictly prohibited without the express and prior consent of House Of Porters NV. The creation of derivative works based on images, mood photos, clipping paths, videos, graphic outlines, sounds, logos, products, brands, domain names and texts is strictly prohibited. House Of Porters NV holds all copyrights to drawings, designs and patents owned by House Of Porters NV.
No transfer of intellectual property rights takes place under these Terms. Full or partial reproduction, modification or use of these elements protected by restrictive rights for any reason is strictly prohibited and constitutes criminal and civil counterfeiting.
LIABILITY LIMITATIONS
11.1 Use of the internet site
Navigation on the Site www.houseofporters.com is the sole responsibility of the users. House Of Porters NV cannot be held liable for failures, errors, viruses affecting the continuity of access to the Site, nor for direct or indirect damages, in particular the malfunctioning of the user's computer system that occurs as a result of using the Site.
11.2 Force Majeure
If there is a case of force majeure, the obligations of House Of Porters NV will be suspended as a result. This non-performance of the contract does not imply any liability on the part of House Of Porters NV. If the case of force majeure lasts longer than one (1) month, House Of Porters NV will not be able to execute the order and, where appropriate, a refund will be made to the Customer for the order in question.
MISCELLANEOUS
12.1 Evidence
Emails serve as evidence between the parties, even if automatic recording systems are used, especially in the event of a dispute.
12.2 Partial invalidity
If one or more provisions of these Terms of Sale are deemed or declared invalid under application of laws or regulations, a claim or a final decision of a competent jurisdiction, the other provisions will remain in full force and effect.
12.3 No waiver
The fact that a Party temporarily or permanently does not demand performance of any provision of these General Terms of Sale shall in no way constitute a waiver of the rights that the Party in question has under that provision.
DISCLOSED
These General Terms and Conditions of Sale are subject to Belgian law. All disputes relating to the execution of these terms and conditions fall under the exclusive jurisdiction of the Belgian courts.
