1. ENTREPRENEURIAL IDENTITY
Identity: the seller and operator of the webshop is:
Allinox BV ("Allinox") with registered office at Stationsstraat 127, 8780 Oostrozebeke, Belgium, registered in the Crossroads Bank of Enterprises under number 0444.503.092 (RLP Ghent, subsection Kortrijk)
Telephone: +32 (0)56 67 46 80
E-mail address: support@beka-cookware.com
2. GENERAL
The general terms and conditions ("General Terms and Conditions") at the time of the visit to the webshop and/or a purchase of any product from the webshop apply to every product offered on the webshop, every product purchased by a customer (within the meaning of Art. I.8, 39° of the Code of Economic Law (CEL) (hereinafter "Customer-Company") or a consumer (within the meaning of Art. I.1, 2° CEL) (hereinafter the "Customer-Consumer") (hereinafter jointly the "Customer") of Allinox's webshop as well as on all deliveries resulting from a purchase made on this webshop by a Customer, after acceptance of these General Terms and Conditions by the Customer.
Before a contract is concluded, the Customer is given the opportunity to read and expressly accept the contents of these General Terms and Conditions. By simply checking "I declare that I have taken note of and accept the General Terms and Conditions" on the order placed by the Customer, the latter declares that they acknowledge and accept these General Terms and Conditions. The contents of these General Terms and Conditions shall be transmitted to the Customer electronically. Allinox shall ensure that these General Terms and Conditions are readily available and that the Customer is given the opportunity to save them on a durable data carrier or that a copy can be sent at no additional cost.
Allinox may change the General Terms and Conditions at any time, but the General Terms and Conditions in force at the time of the visit to the webshop shall apply to that visit, or in the event of a purchase by the Customer, the General Terms and Conditions in force at the time of the conclusion of a sales agreement between the Customer and Allinox that govern their agreement.
3. ORDERS
On the webshop, the Customer can purchase products by adding them to their shopping cart. The order is finalised via the shopping cart. The contract between Allinox and the Customer shall only be established when Allinox has confirmed the order via confirmation email. The absence of an ordinary signature shall not diminish the binding force of the offering and acceptance thereof.
Allinox reserves the right to request additional information from the Customer before concluding (and thus confirming) the sales agreement, or to refuse to do so for valid reasons. Valid reasons include but are not limited to: (i) abnormally large orders, meaning quantities that do not correspond to normal consumer or business purchasing activity, (ii) orders made by minors, (iii) incomplete ordering procedures or (iv) problems with previous orders.
The General Terms and Conditions and the confirmation e-mails are always drawn up in the language of the webshop.
The availability of every product is indicated. Allinox shall make every effort to communicate this information accurately, but it may be the case that a certain product cannot be delivered at any given moment. This may be due to (involuntarily indicated) incorrect stock data or to suppliers who find themselves (temporarily or otherwise) in a situation where they can no longer make deliveries. In such cases, Allinox's liability shall be limited to the amount already paid by the Customer and Allinox shall make every effort to notify the Customer as soon as possible and propose a solution. If the parties do not agree on a possible solution or no solution is possible, the amount paid by the Customer shall be refunded in full by Allinox.
In the event of cancellation of an order, Allinox shall have the option, with respect to the Customer-Company, either to allow the purchase to still go ahead, or to regard it as cancelled and to demand, by operation of law and without prior notice of default, fixed (cancellation) compensation of twenty percent (20%) of the price of the order, without prejudice to the right to claim a higher compensation if the actual loss suffered is higher.
4. DELIVERY AND IMPLEMENTATION
All products shall be delivered to the address provided by the Customer at the time of the online order and in accordance with the modalities specified therein. Only one delivery address can be given per order (which may include one or more products). The Customer is bound by the information they provided when the order was placed. Allinox cannot be held liable for the consequences of incorrectly communicated information.
The shipping costs shall be communicated to the Customer before the Customer places the order. The shipping costs for Customer-Consumers are
- The shipping costs for Germany are 8,95 EUR,
- The shipping costs for France are 9,95 EUR,
- The shipping costs for Belgium is 7.95 EUR,
unless the order value is 50 EUR or more. If the order value is 50 EUR or more, no shipping costs will be charged.
For France: If you order from outside mainland France, you have to pay a surcharge on the shipping costs. The same applies to Monaco. These surcharges are included in the shopping basket.
Germany: Customers ordering from outside mainland Germany will be charged a surcharge on the shipping costs.These surcharges are settled in the shopping basket.
Allinox shall execute accepted orders with the Customer-Consumer as fast as possible but no later than 30 days, unless a different delivery period has been agreed in writing in consultation with the Customer-Consumer. If the delivery is delayed, or if an order cannot be executed or only partially executed, the Customer-Consumer will be informed accordingly within 30 days after they have placed the order. Delivery shall be made exclusively by courier service (DPD) unless otherwise agreed prior to the agreement. The contact details of the Courier Service can be found by the Customer on the following website: https://www.dpd.com/.
With regard to a Customer-Company, the delivery times communicated, even in an order confirmation, are always indicative and given in good faith, but are not binding. Any late delivery shall not entitle the Customer-Company to any compensation or cancellation of the order.
On the day the order leaves Allinox's warehouse, the Customer will receive a confirmation email including a track and trace code through the courier service (DPD) to allow the Customer to track the shipment.
The application of articles 5.90, subparagraph 2 of the Civil Code and 5.239 §2 Civil Code is explicitly excluded with regard to the Customer.
5.PRICE
The prices stated on the webshop are inclusive of VAT and exclusive of packaging and shipping costs. Prices are always quoted in euros. Other taxes or levies, of whatever nature, levied on the price or goods, as well as delivery and insurance costs, as the case may be, must be paid separately by the Customer. These costs, where appropriate, shall be indicated separately no later than at the time of ordering. The prices for the products on the webshop may be adapted by Allinox at any time on the basis of objective elements, albeit without retroactive effect and only henceforth.
6.PAYMENT
Payment of products purchased on the webshop can only be made using the payment methods provided therein. These methods are visible when the Customer completes the ordering process.
To ensure secure online payment and security of the Customer's personal data, transaction data is encrypted with SSL technology before being transmitted over the Internet. To pay with SSL, the Customer does not need any special software. The payment is made through the payment provider Mollie, without the intervention of any other parties.
If, for whatever reason, a payment is subsequently cancelled before delivery has taken place, Allinox shall have the option of allowing the purchase to proceed, without prejudice to the Customer-Consumer's existing right of withdrawal, or to regard it as legally cancelled. In any case, every order will only be fulfilled after valid and complete payment has been received.
In the event of partial payment, Allinox reserves the right to either (i) suspend delivery until the Customer has made full payment or (ii) terminate the agreement and, with respect to the Customer-Consumer, refund the amount paid or, with respect to the Customer-Company, demand (cancellation) compensation of twenty percent (20%) of the price of the order.
Unless otherwise agreed by the parties, delivery of products shall in principle be made to the address stated in the order confirmation. Ownership, as well as the risk of loss or damage to the products, shall pass to the Customer-Company from the time of delivery and to the Customer-Consumer as soon as they or a third party designated by them, who is not the carrier, has taken physical possession of the goods.
7. RIGHT OF WITHDRAWAL
For all products purchased from Allinox's webshop, the Customer-Consumer has a right of withdrawal during a period of 14 calendar days, without them having to give reasons. This period commences from the moment they take possession of the purchased products. During the withdrawal period, the Customer-Consumer must handle the product and its original packaging with care. The Customer-Consumer must ensure that the product remains in its original condition and shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the products.
The Customer-Consumer can exercise their right of withdrawal by either (i) completing and sending in the template withdrawal form or (ii) by addressing another unequivocal statement to Allinox in which the Customer-Consumer declares to exercise the right of withdrawal.
If the Customer-Consumer uses the second option, a notice prior to the return of the order will be sent to support@beka-cookware.com or to the postal address stated in article 1. This message contains the following information:
- Notification that the Customer wishes to withdraw from the contract
- Contact details of the Customer
- Article description
- Order and receipt date
- Order number
- Date sent (if the message is a letter)
This withdrawal form can be found here https://allinecommerce.blob.core.windows.net/cmsfiles/modelformulier_voor_herroeping_beka_nl.pdf
Allinox shall confirm receipt of the exercise of the right of withdrawal on a durable data carrier as rapidly as possible.
In order to comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Purchased products that are returned without prior notification do not count as valid exercise of the right of withdrawal.
There are no additional costs associated with exercising the right of withdrawal and no reasons need to be given. The costs for returning the purchased products shall be borne by the Customer-Consumer. The Customer-Consumer shall return the purchased products in their original packaging and all accessories (including, but not limited to, the instructions for use and the delivery note) to Allinox at the address stated in Article 1 within a period of 14 calendar days after they have validly informed Allinox that they wish to exercise their right of withdrawal. The shipping date serves as a verification.
Payments already received by Allinox shall be repaid in full upon receipt of the goods or upon the Customer-Consumer demonstrating that it has returned the goods, whichever event occurs first. The Customer-Consumer shall only be liable for any reduction in value resulting from handling the goods which goes beyond what was necessary to establish the nature, characteristics and functioning of the goods. Allinox reserves the right, upon receipt of damaged or incomplete products, not to refund the reduction in value.
8.CONFORMITY AND WARRANTY
8.1. With regard to the Customer-Company
Upon delivery, the Customer-Company shall verify whether the delivered products have visible damage or defects. Any complaint for visible defects, missing goods or non-conforming delivery must be communicated to Allinox Customer Service (support@beka-cookware.com) within five (5) days of receipt of the products, but in any case before they are used, processed, (re)sold, with reference to the invoice number or delivery note. This notification must include photographs that provide unmistakable evidence of the visible defects and/or non-conformity.
Upon expiration of this period, the products shall be considered as accepted without reservation. Complaints submitted late shall be inadmissible. Any complaints do not suspend the payment obligation on the part of the Customer-Company. Products can only be returned with the prior written confirmation of Allinox. Only products in good condition and in their original packaging can be returned. This consent can in no way be regarded as an acknowledgement of liability on the part of Allinox. The costs and risks of/for a return are at the expense of the Customer-Company.
All complaints for hidden defects that are not the result of force majeure, incorrect intervention by the Customer-Company, by third parties or normal wear and tear must be reported to Allinox's customer service department (support@beka-cookware.com) under penalty of cancellation within one (1) month of the discovery of the defect and in any case within one (1) year of the delivery of the products. This notification must contain a detailed description of the hidden defects. If the Customer-Company uses, processes or (re)sells the goods, they shall forfeit the right to report a complaint on account of visible defects and/or a non-conformity. Allinox's warranty for hidden defects consists solely of the replacement or repair of the delivered product, to be decided at Allinox's discretion.
8.2. With regard to the Customer-Consumer
Every product is covered by a statutory warranty as provided for in Article 1649bis of the Civil Code, for a period of two (2) years. This period shall commence the day after delivery to the delivery address as provided by the Customer-Consumer. The Customer-Consumer, when invoking the statutory warranty, shall promptly transfer the sales receipt or any other proof of payment to Allinox.
Upon receipt of the purchased products, the Customer-Consumer is deemed to proceed within a reasonable period of time to verify whether the products have a non-conformity/visible defect. The Customer-Consumer must then report these defects in writing to Allinox's customer service department within two months of identifying the non-conformity: support@beka-cookware.com.
A hidden defect in the product must be reported by the Customer-Consumer to Allinox's customer service at the e-mail address support@beka-cookware.com within two months of identifying such defect. In this e-mail, the Customer-Consumer must include their contact details as well as a description of the defect, accompanying pictures, the order number and a scan of the delivery note.
For obvious reasons, wear and tear due to ordinary or abnormal use of the product does not qualify as a hidden defect and Allinox can never be held liable vis-à-vis the Customer-Consumer in such cases.
If the product is defective in accordance with Article 1649quater of the former Civil Code and falls under warranty, the Customer-Consumer shall have the choice between either repair or replacement of the product in question free of charge, unless the aforementioned repair or replacement would be impossible or disproportionate. The term of two years is suspended during the period needed for the repair or replacement of the product, or in case of negotiations between Allinox and the Customer-Consumer to reach an amicable settlement.
If free repair or free replacement is impossible or disproportionate, or if Allinox has not made the repair or replacement within a reasonable time or without serious inconvenience to the Customer-Consumer, the Customer-Consumer shall be entitled to request an appropriate price reduction or the termination of the agreement. For minor defects, only a price reduction is possible.
9. LIABILITY
Except for the statutory liability for death and physical injury, Allinox (including its agents or employees) shall only be liable for the damage caused by its wilful misconduct, gross negligence or deceit as well as for, except in the case of force majeure in accordance with Article 10, the non-performance of an obligation that constitutes one of the main components of the agreement. Allinox is not liable for any other shortcomings.
If Allinox is liable vis-à-vis the Customer, such liability shall, except in the case of statutory product liability vis-à-vis the Customer-Consumer, be limited to the amount equal to the invoice value in respect of the purchased product which has caused the damage. Allinox shall, except in the case of wilful misconduct or deceit, never be liable for any form of intangible, indirect, or consequential damages, including, but not limited to, lost profits, lost sales, lost revenues, lost production or production downtime, administrative or personnel costs, an increase in overhead, lost opportunities, loss of clientele (in the case of sales to a Customer-company), loss of use (in the case of sales to a Customer-Consumer), or any third party claims. The limitations of liability in this article shall also apply in the event of gross negligence on the part of Allinox towards the Customer.
Unless expressly agreed otherwise between the parties, Allinox shall not be deemed to have knowledge of, or to have taken account of, any unusual specific application made by the Customer of the purchased products, and consequently Allinox cannot be held liable in such cases. The Customer is solely liable for any non-standard use it makes of the purchased products and/or the purposes for which it uses these products. Nor shall Allinox be liable for any damage resulting from attempts to modify purchased goods or if the Customer has used components that do not meet the parameters as envisaged by Allinox.
10. FORCE MAJEURE / HARDSHIP
Allinox shall not be liable for delays in performance or failure to perform its obligations due to force majeure. Force majeure is any event which, beyond the control of Allinox, could not be foreseen or prevented and which causes a (temporary) impossibility of performance of the agreement or any part thereof including, but not limited to, war, insurrection, general mobilisation, partial or general strike, operational accidents, fire, weather delays, machinery breakdowns, bankruptcy or failures and delays of suppliers or any other contracting party of Allinox, restrictions on energy supply, lack of raw materials, epidemics and pandemics (including any resulting governmental measures).
If the situation of force majeure persists for more than eight (8) weeks, both Allinox and the Customer may dissolve the agreement free of charge upon written notification, without Allinox or the Customer being liable to pay any compensation to each other.
In case of reasonably unforeseeable (and unaccountable) changed circumstances that render the execution of the agreement or a part thereof so onerous that the execution thereof cannot be reasonably requested from Allinox, Allinox has the right to ask the Customer to renegotiate or terminate the agreement. If no agreement is reached between the parties before a term of one (1) month, a judge can adapt or terminate the agreement in a proceeding such as summary proceedings.
The execution of the agreement or a part thereof is suspended during the period between the inquiry to renegotiate the agreement and the end of the renegotiations (if an agreement is reached). If no agreement is reached, the execution of the contract or a part of the contract will remain suspended during the judicial proceedings.
11. COPYRIGHT
12. This webshop and its associated online & social media channels enjoy copyright protection. All logos, drawings, data, product or company names, images, text and video content on the website and webshop or its online & social media channels are the property of Allinox. This content cannot be used in any way without written permission from Allinox. Should a Customer or a visitor to the webshop wish to use a photo or video, Allinox must first be contacted at support@beka-cookware.com.
12. INFORMATIONS
Information, images, oral communications, statements, etc. relating to all offers and the main characteristics of the products are provided (in whatever format) as accurately as possible.
Allinox is not liable for the non-functioning or inadequate functioning of the website, the telecommunications infrastructure and/or other errors in communication or possible consequences thereof. The content of the Allinox website as well as the content of all other Allinox communications on the Internet have been put together with the utmost care. However, Allinox cannot give any guarantees as to the nature, accuracy or content of this information. Allinox cannot therefore be held liable for errors, inaccuracies, misunderstandings, delays or unclear delivery of orders and messages resulting from the use of the Internet or any other (electronic) means of communication in the traffic between the Customer and Allinox, or for the consequences of using the information in question. Allinox shall not be liable for any advice or answers to questions it provides, except in the case of wilful misconduct or gross negligence.
Allinox may include on its website links to other websites that may be of interest or informative to visitors. Such links are purely informational. Allinox is not responsible for and shall not be bound by the content of the referenced website or use thereof.
If the Customer wishes to lodge a complaint regarding Allinox's products or services, they can contact Allinox via the contact form. Allinox shall endeavour to handle the complaint within 5 working days.
13. PERSONAL DATA
It is mandatory to collect personal data for the purpose of sales or distance selling. This data is essential for the processing and shipment of orders. Allinox receives personal data from the Customer and undertakes to use it only for the performance of the contract or to comply with legal obligations.
The Customer acknowledges and accepts that Allinox will process this personal data as a controller in accordance with its privacy policy (link) and General Data Protection Regulation 2016/679 ("GDPR") and the Law of 30 July 2018 (Law on the protection of natural persons with regard to the processing of personal data). Among other things, this means that Allinox will handle this personal data in the strictest confidence and will only pass it on to third parties in exceptional circumstances.
According to the GDPR, the Customer always has the right to access, copy, object to processing, restriction of processing, data portability, withdrawal of consent, erasure, correction and addition of personal data. The Customer may exercise these rights by contacting info@beka-cookware.com.
14. INDIVISIBILITY
If one or more of the clauses in these general terms and conditions are declared invalid, such invalidity shall in no way affect the other provisions of the general terms and conditions or the agreement as a whole, and the general terms and conditions shall continue to apply with the exception of the null and void, invalid or unenforceable provision or part of a provision.
15. APPLICABLE LAW AND COMPETENT COURT
All relations between Allinox and the Customer to which these General Terms and Conditions apply shall be governed exclusively by Belgian law.
Any dispute between Allinox and the Customer shall be brought before the courts of Ghent, subsection Kortrijk, on the understanding that the Customer-Consumer shall always have the option of bringing the matter before courts other than those stated in this article.
16. ALTERNATIVE DISPUTE RESOLUTION
The Customer-Consumer also always has the possibility of filing a complaint online through the European Commission's online dispute resolution platform at this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
These General Terms and Conditions have been drawn up by Allinox and were last amended on October 3,2023.