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TERMS & CONDITIONS

GENERAL

    1. These are the general terms and conditions of BV Samott, a private limited liability company under Belgian law, with registered office at Frankrijklei 144, 2000 Antwerpen, Belgium, and registered in the Crossroads Bank for Companies (CBC) under company  number BE0789.540.210. 

    2. These general terms and conditions apply to any online purchase of products (the "Product") by a consumer (i.e. any natural person acting for purposes unrelated to his commercial, business or professional activities, the "Purchaser") from the Company’s web shop. 

    3. The Purchaser accepts these general terms and conditions by placing an order in the web shop. The Purchaser’s terms and conditions or additional terms and conditions are excluded, unless agreed otherwise in writing between the Purchaser and the Company.  The Company is entitled to modify or complete these general terms and conditions. The most recent version is available on the website. Any modification will only apply to future orders and will not affect existing orders. 

    4. If any provision of these general terms and conditions is annulled, in whole or in part, the other provisions continue to apply. In that case, parties agree on a new provision which is as close as possible to the purpose of the (partly) annulled provision.

  1. products and availability

    1. The Company is committed to display the Product in the web shop with a number of pictures and an accurate description of the Product, as well as any deficiencies or flaws if at all applicable.

    2. Colours on pictures may slightly differ from the colours of the Product due to for instance lighting or brightness of the Purchaser’s computer screen.

    3. The Company is in no way liable for material errors or obvious mistakes.

    4. The Company is committed to keep the web shop up to date. It is in no way liable for the non-availability of the Product.

  2. Order and conclusion of the contract

    1. By placing an order through the web shop, the Purchaser informs the Company of his wish to purchase the Product. 

    2. The Company sends the Purchaser an order confirmation by email. The order is complete and the contract is concluded upon confirmation of the order by the Company. The Company is entitled to refuse confirmation of the order at its own discretion, in which case the contract is not concluded. The Company will inform the Purchaser of such refusal as soon as possible. The Purchaser is not entitled to receive any form of compensation or damages.

    3. The Company accepts no orders from consumers who are under 18 years old. 

    4. The Company is entitled to request identification of the Purchaser through a copy of a valid photo ID or passport. The information may be cross checked by the Company against the debit/credit card, or bank account that will be used for purchasing the Product. The Company may retain the documents received in relation to identification for at least two years in a secured location. Data storage is done in compliance with the GDPR regulations and access is restricted to a limited number of authorized persons.

  3. Price and payment

    1. Prices indicated in the web shop are in EURO and include VAT. Any additional costs (e.g. costs for packaging, shipping and duties) are not included, unless expressly indicated otherwise. The final price of an order will be calculated at the check-out. The Company is not liable for any duties or taxes imposed by customs.

    2. The specified price refers solely to the Product set out in writing. The pictures may contain elements (e.g. accessories or display materials) that are not included in the price and the order.

    3. Payments can be made through payment methods provided in the web shop or, on request, via bank transfer to the account that the Company will indicate. 

    4. The Purchaser has to pay the purchase price within 24 hours after receiving the order confirmation. If payment is not received within 24 hours, the Company is entitled to cancel the order.

  4. Delivery

    1. The Product is delivered within a delivery period of 5 working days after confirmation of the order. This delivery period could vary depending on the country of destination. The estimated delivery day is set out in the order confirmation. The Product will not be dispatched for delivery or delivered until full payment is received by the Company.

    2. The Company uses its best efforts to deliver the Product on the estimated delivery day (i.e. no obligation of result). The Company is in no way liable for any delays. 

    3. In case of delay, the Company will inform the Purchaser as soon as reasonably possible. When the delivery period exceeds 30 days after the date of the order, the Purchaser can cancel his order free of charge and the price is refunded. The Purchaser is not entitled to receive any other form of compensation 

    4. Any delivered Product remains the exclusive property of the Company until the Product is paid in full. If necessary, Purchaser informs third parties of the retention of title belonging to the Company. 

    5. The risk due to loss or damage is transferred to the Purchaser at the time of delivery to the Purchaser or to any third party appointed by the Purchaser. In the event that the Purchaser uses a courier of his own choice, the risk due to loss or damage transfers to the Purchaser upon pick-up of the product by the courier from the Company’s warehouse.

    6. The Purchaser ensures that delivery can take place. Delivery occurs when the Product is first presented for delivery. If the first attempt at delivery was unsuccessful, most couriers leave a note in the mailbox and request to make a second appointment for delivery or drop the package at a pick-up point near the Purchaser. Any additional attempts to deliver the Product may be charged to the Purchaser.

    7. For security reasons and in case of uncertainties the courier may ask a proof of the Purchaser’s identity or the identity of the person appointed by the Purchaser to accept the delivery.

    8. The Company cannot be liable for any indirect damages (e.g. due to late delivery) caused by the courier. 

  5. warranty

    1. In accordance with the Company's legal obligations, the minimum warranty for consumers applies to the Products for a period of 1 year after delivery. 

    2. The Purchaser, or third party appointed to accept delivery, must inspect the Product immediately upon delivery. Any visible flaws or deficiencies that were not accurately described in the web shop must be notified to the Company in writing within 48 hours after delivery. 

    3. Any deficiency must be notified to the Company in writing within two months of detection. The Purchaser must return the Product within seven days thereafter. If the Purchaser fails to return the Product within seven days, the Purchaser is no longer entitled to any kind of warranty by the Company.

    4. If reasonably possible, the Company will repair the defect or replace the Product. If this is not possible or would take too long, the Purchaser is entitled to an appropriate price reduction or dissolution of the contract. The refund to the Purchaser can by no means exceed the price that was paid for the Product.

    5. The warranty does not apply in case of normal wear and tear; inappropriate or unjustified use of the Product; modification and reparation of the Product without consent of the Company; loss of the original invoice or receipt; defects caused intentionally by the Purchaser, by serious negligence or by lack of maintenance.  

  6. complaints and liability

    1. If the Purchaser has any complaints about the Product, he can contact the Company via e-mail sales@avalon-antwerp.be, telephone +32 497 195 500 or through the contact form on the website. 

    2. Unless specified otherwise in these general terms and conditions, the Purchaser has to make his complaint about the Product within 48 hours after delivery of the Product. If the Company hasn't received any complaints within this period, the Product is deemed to have been accepted unconditionally.

    3. The Company is not liable for any material damages caused by the Product or use thereof, except in case of intentional or serious mistake of the Company or fraud.

  7. Withdrawal

    1. In accordance with the Company's legal obligations, the Purchaser has the right to withdraw from the purchase within 14 days after delivery of the Product.

    2. When the Purchaser wants to use his right of withdrawal, he has to clearly inform the Company about this within the period of 14 days in writing or by telephone (as specified in article 7.1).  The withdrawal is free of charge and doesn't have to be motivated. 

    3. The Purchaser has to send the Product back to the Company within 14 days after notification of the withdrawal. The Company will pay back the purchase price and shipping costs to the Purchaser. The Company will not pay the costs that the Purchaser made for returning the Product.

    4. The Purchaser will handle the Product with good care during the withdrawal period and before returning the Product. The Purchaser is liable for reductions in value when the Product and/or packaging is damaged because of use of the Product beyond what was necessary to establish its nature, characteristics and functioning.

  8. Force Majeure

    1. In case of force majeure the Company is entitled to suspend its obligations towards the Purchaser for the duration of the force majeure. The Company cannot be held liable for any damage resulting from this suspension.

    2. Force majeure means any circumstance independent of the Company's will which makes the performance of its obligations to the other party impossible or unreasonably difficult.

  9. Governing Law and Jurisdiction

    1. These general terms and conditions as well as all agreements to which they apply shall be governed by Belgian law. The courts and tribunals of Antwerp shall have exclusive jurisdiction for any disputes between the Purchaser and the Company. 

    2. The Purchaser can also file a complaint on the European online dispute resolution platform (http://ec.europa.eu/odr).

  10. Privacy

    1. For questions about the processing of personal data and the Purchaser’s rights as a data subject, please refer to the Company’s privacy policy hereunder or contact the Company via info@avalon-antwerp.be.

Privacy & Safety

  1. Introduction

BV Samott places great importance on the secure, transparent and confidential collection and processing of your personal data. In particular, we want to protect the data of our clients, suppliers, employees and other contact persons against loss, leaks, errors, wrongful access or unlawful processing. 

By means of this Data Protection Policy we wish to inform you about the collection and processing of your personal data. We ask that you read this Data Protection Policy carefully, since it contains essential information about how your personal data are processed and for which purposes.

By communicating your personal data, you expressly declare that you have taken knowledge of this Data Protection Policy and that you expressly accept it, as well as the processing itself. 

  1. Scope of application

This Data Protection Policy relates to all business and services that are provided by (or to) us and to all activities that we perform generally. 

  1. Controllers

BV Samott, with registered office established at Koningin Astridlaan 59B, 1780 Wemmel, Belgium, and company number BE0789.540.210 is the controller of your personal data.

When collecting and processing your personal data, we respect the Belgian regulations on the protection of personal data, as well as the General Data Protection Regulation ("GDPR") as of its entry into force on 25 May 2018.

  1. Personal data

Depending on your activities and your relationship to our company, we will be processing the following of your personal data: your personal identification data (incl. name, company name, address, contact details); customer number; national register number and copy of ID or passport (within the framework of any legal obligations we may have and legitimate interest to avoid bribery or fraud); financial identification data (data linked to the debit/credit card or bank account used for your transactions with us); company number; professional activities;  and data of our staff as explained below.

We wish to point out that you bear responsibility for all of the data that you provide to us and that we rely on the accuracy thereof. If your data should no longer be up-to-date, we ask you to report this to us as by return post. 

You are not obliged to communicate your personal data, but you understand that the granting of certain services or the collaboration becomes impossible if you do not consent to the collection and processing.

  1. PERSoNAL DATA, Processing purposes and legal basis

    1. Data of clients

Within the framework of our services and activities, we collect and process personal data of our clients and principals, their personnel, employees, agents and other useful contact persons. We process the following personal data: personal identification data (incl. name, company name, address, contact details); client number; national register number and copy of ID or passport; financial identification data (data linked to the debit/credit card or bank account used for a purchase); company number; and any publicly available information in relation to restrictive measures that the relevant EU and/or BE authorities may have issued against the client.

The purposes for such processing are the execution of the agreements with our clients, our client management, our anti-bribery and fraud policy, the bookkeeping, dispute management, safety, and direct marketing activities such as the sending of promotional or commercial information or use on social media. The legal bases are the execution of the agreement, compliance with statutory and regulatory obligations and/or our legitimate interest to avoid bribery or fraud. For direct marketing activities by e-mail (such as a newsletter or invitation for events) prior consent will always be requested, and it can also be retracted at any time.

    1. Data of suppliers and subcontractors

We collect and process personal data of our suppliers, subcontractors, agents and distributors, their personnel, employees, agents and other useful contact persons. We process the following personal data: personal identification data (incl. name, company name, address, contact details); national register number and copy of ID or passport; company  number; and any publicly available information in relation to restrictive measures that the relevant EU and/or BE authorities may have issued against the supplier or subcontractor.  

The reasons for such processings are the execution of this agreement, the management of the suppliers, our anti-bribery and fraud policy, the bookkeeping and direct marketing activities such as the sending of promotional or commercial information, safety and supply management. The legal bases are the execution of the agreement, compliance with statutory and regulatory obligations and/or our legitimate interest to avoid bribery or fraud. 

    1. Data of personnel

We process the following personal data of our employees: personal identification data, national register number and copy of ID or passport, financial identification data, salary, NSSO number, company number and curriculum vitae. 

The reasons for such processings are the execution of the employment agreement, personnel management and payroll administration. The legal bases are the execution of the agreement, compliance with statutory and regulatory obligations and/or our legitimate interest.

    1. Other data

Along with the above-mentioned data, we also process personal data of others, such as possible new clients/prospects, useful contacts within our sector, network contacts, etc. The reasons for such processings are in the interest of our activities, direct marketing and public relations. The legal basis is our legitimate interest or, in some cases, the execution of an agreement. 

  1. Duration of the processing

The personal data are kept and processed by us for a period that is necessary as a function of the purposes of the processing and as a function of the relationship (whether or not contractual) that we have with you. 

Your data will in any case be removed from our systems after a period of two years after termination of the agreement, the collaboration or the project, except with regard to those personal data that we, on the basis of specific legislation, must preserve for a longer period or in the event of an ongoing dispute for which the personal data are still necessary.  

  1. Rights

In accordance with and subject to the Belgian data protection legislation and the provisions of the GDPR, we hereby inform you that you have the following rights: 

  • Right to access and inspection: You have the right to access, free of charge, the data we have about you, and to check for what purposes they are used.

  • Right to rectification: You have the right to rectify (correct) inaccurate personal data, as well as to complete incomplete personal data.

  • Right to data erasure or restriction: You have the right to ask that we erase your personal data or restrict the processing thereof in the circumstances and under conditions set by the GDPR. 

  • Right to data portability: You have the right to obtain in a structured, common and machine-readable form the personal data you supplied to us. You have the right to transfer these data to another party responsible for the processing.

  • Right to object: You have the right to object to the processing of your personal data on serious and legitimate grounds. 

  • Right to withdraw consent: You have the right to withdraw the consent given by you. 

  • Automated decision-making and profiling: We confirm that the processing of your personal data does not include profiling and that you are not subject to fully automated decision-making. 

You can exercise these rights by contacting Yaakov Antoneli info@avalon-antwerp.be.  

We make every effort to deal with your personal data in a careful and legitimate manner, in accordance with the applicable legislation. If you nevertheless believe that your rights have been violated and your concerns are not addressed by our company, you are free to file a complaint with the Belgian supervisory authority: 

Gegevensbeschermingsautoriteit

Autorité de protection des données

Drukpersstraat 35

1000 Brussel, 

België

Rue de la Presse 35

1000 Bruxelles

Belgique

+32 (0)2 274 48 00

+32 (0)2 274 48 35

contact@apd-gba.be

+32 (0)2 274 48 00

+32 (0)2 274 48 35

contact@apd-gba.be

https://www.gegevensbeschermingsautoriteit.be/burger/startpagina

https://www.autoriteprotectiondonnees.be/citoyen 

 

Additionally, you may turn to a court in case you feel you suffer any injury as a result of the processing of your personal data. 

  1. Transfer to third parties

Specific personal data that are collected by us will be transferred to and possibly processed by  third-party service providers, such as our software providers, IT providers, bookkeepers, auditors, payroll agencies, professional advisors, insurance companies, suppliers, affiliated companies, clients, banks, solicitors, telecommunications providers, etc. 

 

It is possible that one or more of the above-mentioned third parties are located outside of the European Economic Area ("EEA"). However, personal data will only be passed on to third countries where there is a suitable level of protection. 

The employees, managers and/or representatives of the above-mentioned service providers or institutions and the specialised service providers hired by them must respect the confidential nature of your personal data and can only use these data for the purposes within whose framework they were provided. 

If necessary, your personal data can be transferred to other third parties. For example this can be the case if we should be reorganised in whole or part, our activities should be transferred or if we should be declared bankrupt. It is also possible that personal data must be transferred as a result of a court order or in order to comply with a certain statutory obligation. In that event we will make reasonable efforts to inform you in advance about this communication to other third parties. You will nevertheless acknowledge and understand that in certain circumstances this is not always technically or commercially feasible or that legal restrictions may possibly apply. 

We will under no circumstances sell your personal data or make them commercially available to direct marketing agencies or similar service providers, except with your prior consent.

  1. Technical and organisational measures

We take the necessary technical and organisational measures in order to process your personal data with an adequate degree of security, so as to protect them against destruction, loss, falsification, change, unauthorised access or erroneous disclosure to third parties, as well as any other unauthorised processing of these data.

Under no circumstances can any of our companies be held liable for any direct or indirect damage deriving from an erroneous or wrongful use by a third party of the personal data.

  1. Access by third parties

With a view to the processing of your personal data, we grant access to your personal data to our employees, collaborators and agents. We guarantee an equivalent level of protection by making contractual obligations opposable to these employees, collaborators and agents, which are identical to this Data Protection Policy.

  1. Any questions?

If, after reading this Data Protection Policy, you have further questions or comments regarding the collection and processing of your personal data, you can contact Elke Vandormael info@avalon-antwerp.be.  

Secure payment

Our website is fully secured for online payments so lean back and check-out sucurley, we protect you data against fraud.

We accept Visa, Master card, American Express, Apple-Pay and bank transfer. we in store cash payment up to €3000. 

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