General Terms and Conditions of Sale

Article 1. General

These sales conditions apply to all current and future sales agreements with BVBA A Big Concept, having its registered office at 8300 Knokke, Camille Pissarrodreef 5, and registered with the RPR Ghent section Kortrijk under the company number 0860.153.240 (hereinafter referred to as ‘A Big Concept’). The sales conditions also apply whenever an order is placed via the webshop or purchase from A Big Concept via info@a-bigconcept.be. As soon as the customer enters into a sales agreement with A Big Concept, they accept the general terms and conditions as described in this document, as well as all rights and obligations arising from the sales agreement, which may vary per product or service offered. The customer also acknowledges that only the general terms and conditions of A Big Concept apply to any sales agreement concluded with A Big Concept.

Article 2. Applicability

The general terms and conditions always and exclusively apply to all products and services offered by A Big Concept, except in the case of an explicit deviation, which results from mutual agreement and written documentation. Explicit deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of the sales conditions remain fully applicable. If a provision contained in these conditions conflicts with an international treaty, as far as applicable, a law, regulation or other binding regulation, the relevant provision will not be applicable. The invalidity of a provision does not affect the validity of the other provisions of the general terms and conditions, which remain fully applicable. A Big Concept reserves the right to change and/or supplement the general terms and conditions at any time for future provisions. A future change will not affect existing agreements.

Article 3. Content

‘Content’ refers to all products, texts, images, descriptions and other data mentioned in any communication from A Big Concept, including but not limited to emails, websites or catalogs. A Big Concept cannot guarantee that the content does not contain errors, omissions or typographical errors or that the information is always up-to-date. A Big Concept has the right to adjust, change or remove the content at any time, without prior notice. The content of the various forms of communication from A Big Concept is not binding and is purely for informational purposes. All images and photos of products are purely indicative. The settings of a screen on which the customer visits a website or opens emails may cause the colors of the displayed products to vary. The print display of catalogs and related documents can also cause color deviations. The website of A Big Concept is intended to provide general information to the customer about its products and activities. Regarding access, the ordering process, delivery or other services, A Big Concept only has a best efforts obligation. A Big Concept cannot be held responsible if, for any reason, the website is unavailable for a certain period and does not guarantee that access to the website will be uninterrupted, timely or error-free. Users may view and print the information on the website for personal use free of charge but not use it for commercial purposes.

Article 4. Offer and Order

Anyone placing an order confirms that they are legally competent to trade. An order can only be placed by phone at 0498/501166, by email at info@a-bigconcept.be or via social media. Orders or offers handled by sales agents of A Big Concept do not bind it until they have been explicitly confirmed by A Big Concept. Orders via the website are assumed to be placed by natural persons for non-professional private purposes. Traders wishing to place an order for professional purposes should, if applicable, inquire with the customer service. Legally incompetent persons must be represented by their legal representative, who is also bound by these sales conditions and must fill in the order form themselves or give explicit permission to the legally incompetent person to do so. A Big Concept undertakes to process the orders placed as long as the stock lasts and within the limitations formulated in these conditions. The order can only be processed if the customer has clearly identified themselves. Accepting these general terms and conditions is necessary to place an order. Anyone placing an order declares to know and accept the general terms and conditions of A Big Concept. What is not expressly determined in these sales conditions is regulated by the provisions of Belgian law. A Big Concept reserves the right to refuse orders in case of serious suspicion of abuse of rights or bad faith, serious suspicion of unacceptable commercial purposes for A Big Concept or in case of stock depletion of a certain item. A Big Concept and the customer expressly agree that electronic communication forms are means by which a valid sales agreement can be concluded. Placing the order implies a payment obligation. The general terms and conditions are always available and can be consulted via the website. For each order, the general terms and conditions applicable at that time on the website and/or the invoice are applicable. The language of the concluded agreements is Dutch. An order is only definitive after acceptance of these general terms and conditions of sale, the prices and the description of the offer. If anything in the offer or after placing an order is unclear, the customer can always contact the customer service either via email info@a-bigconcept.be or by phone from Monday to Friday from 8 am to 5:30 pm at 0470.86.93.51 (Gillian Larsen).

Article 5. Signature and Evidence

The customer accepts electronic evidence. The customer is solely and exclusively responsible for the accuracy of all data they provide. The final confirmation of the order by the customer counts as acceptance of the order at the stated price. The customer’s confirmation counts as a signature and express acceptance of all transactions via the website.

Article 6. Payment

All product prices are indicated in euros and include VAT of 6% or 21%. Transport costs, taxes and other charges are not included unless otherwise stated or explicitly agreed upon in writing. Shipping costs are added after placing an order and payment can be made according to the options indicated during the ordering process. The applicable prices are the published prices at the time the customer places the order. The customer owes A Big Concept the price communicated in the confirmation. Obvious errors in the price quotation, such as evident inaccuracies, can be corrected by A Big Concept even after the agreement has been concluded. All offers from A Big Concept are non-binding. A Big Concept can change prices at any time without prior notice. A Big Concept always retains ownership of all ordered products until full payment of all amounts due under this agreement, regardless of whether delivery has already taken place. Payment must precede delivery.

Article 7. Delivery

Products are only delivered in countries where A Big Concept accepts the order. The delivery of the ordered item is made to the address provided by the customer. The chosen delivery option affects the delivery time. Incorrectly provided delivery addresses are the responsibility of the customer and may lead to additional costs. The indicated delivery times are not binding but are given as an indication. A Big Concept has the right to make partial deliveries. In case of non-delivery of the goods, any amounts paid by the customer will be refunded without interest or other compensation. The customer is responsible for all additional taxes and charges. A Big Concept cannot be held responsible for any fees charged by a third party. Transport and delivery are at the customer’s risk. A Big Concept is not responsible for late deliveries due to unforeseen circumstances caused by third parties, nor for loss, theft or damage during shipment by third parties. No delay in delivery can give rise to termination of the purchase or payment of damages in favor of the customer, except in case of intentional delay. A Big Concept undertakes to pack the products to be delivered as carefully as possible to exclude any risk of damage during normal handling. If an order has not been delivered within the specified period, an investigation will be initiated with the shipping company, which may take several calendar days. During this period, no refund or other shipment can be made. To the extent permitted by law, A Big Concept is not liable for losses, costs, liabilities, damages, penalties or expenses arising from a delay or failure to deliver.

Article 8. Invoice Conditions

Unless already electronically paid, all invoices are payable on the due date or, in the absence of a due date, within 30 calendar days from the invoice date. The invoices are deemed to be fully accepted unless protested by registered mail within 8 calendar days of receipt of the invoice. The invoice is deemed to be received 5 working days after the issue date. In the event of late or incomplete payment, default interest of 12% per annum will be due by operation of law and without notice of default, from the due date of the invoice until the day of full payment. In the event of non-payment, late payment or incomplete payment, a fixed compensation of 10% of the invoice amount with a minimum of 50 euros will also be due, even in the case of granting grace periods. Payments made to representatives not expressly authorized by A Big Concept are not enforceable against it. In case of late payment of an invoice, all other claims of A Big Concept against the customer become immediately due by operation of law. Granting grace periods does not prevent the enforceability of the due interest. In case of non-payment, A Big Concept reserves the right not to proceed with the delivery of products or to stop further deliveries. A Big Concept also reserves the right to consider the sales agreement as dissolved by operation of law and without prior notice for the whole or the non-executed part.

Article 9. Right of Withdrawal for Products

Any item ordered via the webshop can be returned or exchanged for another item in one of the A Big Concept stores within 14 calendar days. The item must be handed in at the store in its original packaging along with the return form. The customer can also return the item free of charge by post within fourteen calendar days. The customer must provide the following information: – mention of the order date, receipt date and date of exercising the right of withdrawal – name and address of the customer, correct and complete – customer’s signature. A product must be returned together with a completed and signed return document, which can be downloaded here. The item must then be packaged in the original shipping box and sent along with the return form to the following return address: Camille Pissarrodreef 5, 8300 Knokke. The return label must be affixed to the outside of the box, after which the box is handed over to the post office and sent at the expense of A Big Concept. The costs and risk of the return are entirely borne by the customer, unless the product did not conform to the sales agreement or was delivered incorrectly. In any case, the return will only be accepted if the item is clean and undamaged and is in the original packaging. Special offers are not processed for return. If all conditions are met, A Big Concept will refund the amount of the product within 30 calendar days of receipt of the return by bank transfer.

Article 10. Retention of Title

The delivered goods remain the property of A Big Concept until full payment of the sales price, increased by costs and interest. The customer is therefore prohibited from reselling, renting, pledging, processing, incorporating or otherwise disposing of or encumbering the goods, until the invoice is fully paid, unless otherwise agreed with A Big Concept. In this case, the customer transfers all claims arising from the relevant act to A Big Concept from the moment of the relevant act.

Article 11. Force Majeure

A Big Concept is not responsible for a delay in performance or for non-performance of its obligations due to events beyond its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governments, supranational or local authorities), riots, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercive measures of a competent authority, strikes and/or lock-outs, epidemics, fire, explosion, storm, flood, drought, weather conditions, earthquake, accident, mechanical failure, third-party software, failures or problems with public utilities, production interruptions, supply difficulties or shortages of raw materials, labor, energy or transport or transport delays, work stoppages or other collective labor disputes, affecting either A Big Concept or its suppliers, failures in the internet, the power grid, mail traffic or third-party supplied technology, government measures and illness, even if these events are foreseeable.

Article 12. Intellectual Property Rights

All intellectual property rights and derivative rights remain with A Big Concept. These intellectual property rights include: copyrights, trademark rights, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts. The customer is prohibited from using and/or making changes to the intellectual property rights as described in this article of the general terms and conditions of A Big Concept. The content, images, logos, drawings, photos, data, product names, texts, etc. on the website or in catalogs and other printed materials of A Big Concept are protected by copyright and other intellectual property rights and treaty provisions.

Article 13. Processing Customer Data (Privacy)

When products are purchased, the customer explicitly agrees that their personal data may be used for administrative purposes, such as creating and maintaining a customer database, keeping track of orders, shipments and invoices, and checking solvency. The information provided by the customer is necessary for processing and completing the orders and invoicing. If this data is missing, the order will inevitably be canceled. Providing incorrect or false data is considered a violation of the current general terms and conditions. By placing an order for a product, the customer data is included in the customer database of A Big Concept. A Big Concept will never pass on this personal information to third parties unless explicitly requested by judicial authorities or when legally required to do so. The customer also has the right to oppose the processing of their personal data for direct marketing purposes free of charge. Only customers who have expressly given their consent are included in the A Big Concept newsletter. Unsubscribing is possible at any time upon simple request from the customer. The customer has the right to view, modify or delete their personal information. This can be done via info@a-bigconcept.be or by phone at 0470.86.93.51.

Article 14. Defects and Complaints

The customer undertakes to examine the products carefully immediately upon receipt. A Big Concept’s warranty is limited to the warranty against hidden defects and the warranty in case of consumer purchase, both provided for in the Civil Code. A Big Concept is only liable for damage resulting from intent or gross negligence. A Big Concept is not liable for general or specific indirect damage of any kind suffered by the customer. Any problem or defect related to the delivery of an item, damage or qualitative deficiency must be reported in writing via registered mail to the address: Camille Pissarrodreef 5, 8300 Knokke or via email to info@a-bigconcept.be. To be admissible, complaints must reach A Big Concept: (a) in case of a complaint due to non-conformity of delivery, 7 days after delivery, and (b) in case of hidden defects, 7 days after discovery of the defect or after the moment such discovery could reasonably have been made. A Big Concept undertakes to respond to the complaint within 14 calendar days of receiving it in writing. If the delivery must be returned to A Big Concept, this will be done in the manner mentioned under article 9. A Big Concept offers the guarantees provided for by law. A Big Concept is not responsible for force majeure, accident, misuse or incorrect handling of an item by the customer. An item with an accepted defect will be replaced or repaired free of charge.

Article 15. Jurisdiction and Applicable Law

All offers and agreements are exclusively governed by Belgian law. In case of dispute, only the courts of the judicial district of Kortrijk have jurisdiction.