Terms And Conditions

DE GELE FLAMINGO - Ambachtsstraat 12 - 2390 MALLE - Belgium
VAT: BE0556940841 - Company number: BE556940841 - GSM: +32 3 435 95 99 - Mail: hello@degeleflamingo.com - Bank account number: BE60 3631 3763 6370

Our offer and your order

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
  2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.
  3. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Creditcard, PayPal, Ideal, Bancontact, bank transfer. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
  4. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next you choose your preferred way of delivery: Pick up at our warehouse (Ambachtsstraat 12, 2390 Malle, BELGIUM), DPD delivery to a parcel shop or your own address. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.

Right of withdrawal

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase. 
  2. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance.
  3. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
  4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
  5. You can return you package through post or courier. Return the package yourself to our warehouse (Ambachtstraat 12, 2390 Malle, Belgium) or send the package back after you have requested a return label from us.

Price

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.
  2. Our prices include all taxes, VAT, importtaxes and all other levies. Hence, je will never experience unpleasant surprises. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In that case, we notify that always before you definitely place your purchase. In that case, we notify this to you prior to the definitive confirmation of your order.

Payment

  1. We only accept advance payment through our website using the payment methods indicated there.
  2. Any deviations in the billing must be reported directly to De Gele Flamingo by the customer, so that we can improve the amount.

Conformity and Warranty

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
  2. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.

To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to delive within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.

During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

3. If a product does not comply with the agreement of the buyer, notify the seller within 2 months of origin of the defect. Any compensation for this may be greater than the invoiced/paid amount to the buyer. Usually normal, unintentional modifications to the product, failure to present an invoice of valid proof of payment and miscellaneous negligence are express but therefore not exhaustive exceptions to the aforementioned warranty.

Delivery and execution

  1. All goods and services are delivered to the address provided by you when ordering.
  2. Delivery will take place within the legal term of 30 days. If it is not possible within that period, the customer may dissolve the agreement free of charge, unless otherwise agreed or communicated.
  3. [Indicate how the delivery process takes place and which conditions and costs accompany this process]
  4. If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.
  5. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
  6. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery.
  7. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

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 state of force majeure or definitely repudiate the agreement.
  2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

Intellectual property

  1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
  2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.

Complaints procedure and conflicts

  1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at hello@degeleflamingo.com. We will do the utmost to deal with your complaint within 5 days.
  2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.
  3. If errors typically occur, this is due to human, involuntary errors and no rights can be derived. Colours in the photos may also differ slightly from the real colours. Settings and quality of your screen can influence this, the incidence of light. We cannot accept exchanges based on color deviations.
  4. In case of out of court commercial dispute settlements, the consumer ombudsman of the FPS economy is competent for every demand concerning out of court dispute settlement. They will either treat it themselves or forward it to a qualified entity. You have the possibility to contact the consumer ombudsman at the following link: https://www.consumerombudsman.be/en
  5. In case of a cross-border dispute you can make use of the Online Dispute Resolution platform of the European Union at the following link: https://ec.europa.eu/odr

If we do not manage to reach agreement through our personal complaints department on xxxxxxxxx  (please state the email/telephone number of your business or the link to your personal complaints department/form), then you as a consumer can contact Safeshops.be. If they accept your complaint, Safeshops.be will mediate between you as a consumer and us. Only complaints that are submitted via the complaints form on https://www.safeshops.be/nl/consumers-complaints/ will be taken into consideration. In this way, this label organisation will immediately have all the appropriate data to further process your complaint.