TERMS AND CONDITIONS
Applicability
All agreements pertaining to the sale of products or services concluded by the company (i.e. ACE LIVING BV, KBO 0768606521) are subject to the following terms and conditions, which prevail over the customer's purchase conditions.
Products
ACE Lighting offers products within the range of lighting, designer furniture and accessories. Only a limited number of pieces of each product are available, therefore orders are accepted under reserve and fulfilled according to the company's capabilities. Showroom models may show traces of use, for which no compensation can be claimed against ACE Lighting.
Product information
Products are presented and displayed online as faithfully as possible with standard product images. ACE LIGHTING is not liable for any (minor) deviations in e.g. colour, size, proportion, or weight.
Price
The prices listed online are binding. The displayed prices are always VAT-inclusive. Customers with a valid VAT number outside of Belgium are exempt from VAT.
Promotions and discount codes are always temporary and expire on the date as stated. Promotions and discount codes are not cumulative under any circumstances.
Orders
Offers remain valid for thirty days unless the parties agree otherwise in writing. Offers are non-binding and only establish rights and obligations on behalf of the parties after the acceptance of both parties. Orders are accepted under reserve and fulfilled according to the company's possibilities.
Delivery
Delivery and execution times are purely indicative and provided by way of information only. They are, therefore, not binding on behalf of ACE LIGHTING unless expressly agreed between the parties.
Orders with a value of at least €100 receive free delivery in Belgium and the Netherlands. Should the consumer invoke his right of withdrawal after receiving the order, the delivery costs will be recovered from the consumer.
The customer using our cross-border delivery service bears the import duties and taxes usually charged.
Delivery options:
- Pick up order on site in the shop, up to two weeks after notice;
- Home delivery within Belgium and Europe;
- Delivery at your convenience provided you live in the province of Antwerp.
If you are not home at the time of delivery, you will receive an acknowledgement of receipt in your letterbox. With this, you will be able to collect your order from the nearest collection point the following day.
Cancellation
Despite delivery deadlines being purely indicative, the customer may cancel the order in writing if more than one month has passed since the delivery deadline set by ACE LIGHTING. In case of cancellation, the customer is entitled to a lump-sum compensation of 10% on the invoiced amount with a minimum of 50.00 EUR.
Invoices
Unless otherwise agreed or stated on the invoice, all company invoices are to be paid by the due date stated on the invoice.
Failure to pay or late payment of the invoice renders all special conditions, discounts and ristorno enjoyed by the customer invalid, and the total price will be due. In the case of failure to pay or late payment of the invoice, default interest of 1% per month, as well as a lump-sum compensation of 10% on the invoiced amount with a minimum of 50.00 EUR, shall be due as of the invoice date by law and with no prior notice.
Right of withdrawal
Per the European and Belgian consumer protection regulations, consumers ( as defined in Article I.1.2° of the Economic Law Code: any natural person acting for purposes outside their trade, business, craft or profession) have a right of withdrawal for a period of 14 calendar days without giving reasons. The consumer bears the direct costs of returning the products.
The right of withdrawal does not apply to custom-made products designed for the consumer or intended for a particular person due to the products no longer being saleable by ACE LIGHTING as a result of the withdrawal by the particular person.
Products should be returned in their original (new) condition and in their original packaging. Products and packaging considered new are those that have been merely received and opened by the consumer. Products used and/or installed and packaging showing visible signs of damage are not considered new.
Products found to be damaged upon arrival, including those caused by transport, will not be accepted and must be collected by the consumer within 14 calendar days or returned at their expense.
Only items purchased via the webshop (remotely) can be returned.
Consumers seeking to exercise their right of withdrawal should notify this via e-mail info@acelight.be before the expiry of the legal deadline.
Once the consumer informs the company - within the legal and contractual period of 14 calendar days - of their wish to invoke their right of withdrawal, they have 5 calendar days to send the order to the above-mentioned address. The consumer wishing to exercise the right of withdrawal shall bear the shipping costs and the return risks. Consumers seeking to exercise their right of withdrawal should submit a completed return form provided via the website (i.e. physically attached to the returned product).
Should the product not meet the required return conditions, it will remain your property. In addition, you must retrieve the product within two weeks of notification of refusal. If required, we can return the product at your expense.
Retention of title
Ownership of the sold goods will only be transferred to the customer upon receiving full payment by the customer of the principal sum, interest, costs and additional services, even if these products have been modified or incorporated.
Notwithstanding this retention of title, the risks of loss or destruction, and the like, of the sold goods shall be transferred in full to the customer at the time of delivery.
Force majeure
Each party shall be automatically exonerated and not required to fulfil any obligation to the other party in case of force majeure. Force majeure refers to the situation where a contracting party cannot fulfil its contractual obligations as a result of an external cause not attributable to the said contracting party. Without striving for exhaustiveness, the following shall be considered cases of force majeure: delays in delivery or failure to deliver by a party's suppliers, destruction of products due to accidents, strikes, fire, war, epidemic, pandemic, floods, high absenteeism due to sickness etc. The party claiming force majeure is not required to prove the unaccountable and unforeseeable nature of the circumstance constituting force majeure. In the event that the force majeure should last longer than two months, the other party may terminate the contract without court intervention, without the party claiming force majeure being liable to pay any compensation to the other party.
Warranty
The customer benefits from a statutory warranty period of two years starting from the delivery date. For some products, the customer may extend the warranty period, provided only with the written consent of ACE Lighting.
All products must be installed according to the instructions provided or published. If required, a professional installer may be consulted. Products which are not installed or fitted in accordance with these instructions are consequently not covered by the warranty.
The statutory warranty period as stipulated in favour of consumers does not apply if the customer is a legal entity acting within its trade, business, craft or profession. In this event, the legal regulation on hidden defects (art. 1641-1649 of the Civil Code) will be applied.
Customer complaint handling
All complaints must be made in writing no later than 10 working days after delivery and must be supported by photos showing defects.
All complaints regarding incorrect product installation and/or installation not in accordance with the instructions provided or published (with or without the help of a professional installer) will be deemed inadmissible.
All complaints relating to packaging damage caused by transport ascertained upon receiving the products must be reported within 24 hours and documented with photos, under penalty of inadmissibility.
All complaints, subject to inadmissibility, must be submitted by e-mail via info@acelight.be.
Invalidity
The invalidity of one or more clauses of current general terms and conditions, does not affect the applicability of all other clauses of current general terms and conditions and/or special conditions as stated in the agreements between the parties.
Applicable law - Courts with jurisdiction
In case of disputes, only the courts of the judicial district of Antwerp, division Antwerp, are competent. Belgian law shall apply. The application of the Vienna Sales Convention will be excluded.
