Terms and conditions
Fighters Against Cancer
Wintboomstraat 6a, 3800 Gingelom
+32 497 63 12 96
Article 1: General Provisions
The e-commerce website of Fighters Against Cancer is a non-profit organization with registered office at Wintboomstraat 6a, 3800 Gingelom, (from now on 'Fighters Against Cancer'). It offers its customers the opportunity to purchase products from its online shop.
These General Terms and Conditions ("Terms") apply to any order placed by a visitor of this e-commerce website ("Customer").When placing an order via the Fighters Against Cancer web shop, the Customer must explicitly accept these conditions, this means he accepts the applicability of these conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless Fighters Against Cancer has explicitly accepted these in writing beforehand.
Article 2: Price
All prices are expressed in EURO and always include VAT and any other mandatory fees or taxes the Customer is liable for.
If delivery, reservation or administrative costs are charged, this is mentioned separately.
The indication of price only refers to the articles as they are described in the text. The accompanying pictures are decorative only and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and e-commerce website are compiled with the upmost care, it is still possible that the information is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer are not binding for Fighters Against Cancer. Fighters Against Cancer is only held to an obligation of means when it comes to the accuracy and completeness of the information. Fighters Against Cancer is under no circumstances liable for obvious clerical errors or printing errors.
If the Customer has specific questions that include, but are not limited to, the size, color, availability, delivery term or delivery method, we ask the Customer to contact our customer service in advance.
Our offer is valid while supplies last and can be changed at any time or revoked by Fighters Against Cancer. Fighters Against Cancer cannot be held responsible for the unavailability of a product. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer can fill his shopping cart with desired purchases by selecting items.
By selecting the shopping cart, the Customer receives a complete overview of:
- All items added to their order
- The individual price of the chosen items
- The total price of the complete order, including VAT
- Shipping costs that are charged for the delivery of the order
Discounts are only granted if the Customer enters the correct voucher code in the appropriate field when registering his purchase. Confirmation of the purchase without registering the discount code cannot lead to a refund of a discount amount after ordering.
The Customer is responsible for registering the correct delivery address via the web shop in order to prevent incorrect shipment.
The Customer must pay the full purchase amount using the payment terminal of Fighters Against Cancer. After we have received the payment, your package will be shipped with Bpost.
Fighters Against Cancer is entitled to refuse an order in response to a serious failure of the Customer with respect to orders that the Customer is involved in.
Article 5: Delivery and implementation of the agreement
Items ordered through the online store are shipped by Bpost. The Customer indicates during the order which delivery method he prefers:
- Delivery to a specific delivery address (home or office)
- Pick-up by the Customer in the Fighters Against Cancer fan shop or another selected location
Upon receipt of the package, a confirmation signature will always be requested from the Customer.
Unless otherwise expressly agreed or otherwise, the goods will be delivered to the Customer’s place of residence within 30 days of the receipt of the order.
Any visible damage and/or qualitative deficiency of an article or failure in the delivery must be reported immediately by the Customer to Fighters Against Cancer.
The risk of loss or damage is transferred to the Customer when he (or a third party other than the carrier) acquires physical possession of the goods. The risk transfers to the Customer upon delivery to the carrier when the Customer has instructed the carrier to carry the goods and when this carrier is not a choice offered by Fighters Against Cancer.
Article 6: Retention of title
The delivered items remain exclusive property of Fighters Against Cancer until full payment has been made by the Customer.
The Customer commits to pointing out this retention to title to third parties, e.g. anyone who would want to seize the not yet fully paid articles.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase items online from Fighters Against Cancer in their capacity as consumers.
The Customer has the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period will expire 14 calendar days after the date of receipt of the purchased item by the Customer, who is not the Carrier (unless the Carrier was chosen by the customer and is not a choice offered by Fighters Against Cancer).
To exercise the right of withdrawal, the Customer must notify Fighters Against Cancer (Wintboomstraat 6a, 3800 Gingelom, +32 497 63 12 96, firstname.lastname@example.org with an unequivocal statement (e.g. in writing by post or email) about his decision to withdraw the agreement. The Customer can use the attached withdrawal form, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send its notice regarding withdrawal before the withdrawal period has expired.
The Customer must send back or hand over the goods to Fighters Against Cancer (Wintboomstraat 6a, 3800 Gingelom) promptly, in any event no later than 14 calendar days after Fighters Against Cancer has been notified of the withdrawal. The Customer is on time if he sends back the goods before the deadline of 14 days has expired.
The cost of returning the goods is born by the Customer.
If the returned product is in any way impaired, Fighters Against Cancer reserves the right to hold the Customer liable and claim compensation for any loss of value resulting from the use of the goods by the Customer that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Only items that are in their original packaging with all accessories can be returned and invoice or receipt.
If the Customer cancels the contract, Fighters Against Cancer will refund all received payments, including the default delivery cost, to the Customer within a maximum of 14 calendar days after Fighters Against Cancer has been informed of the Customer’s decision to withdraw. In case of sales contracts, Fighters Against Cancer can withhold the reimbursement until the goods have been received, or until the Customer has demonstrated that he has sent back the goods, whichever comes first.
Any additional costs resulting from the choice of the Customer for a type of delivery other than the least expensive standard delivery method offered by Fighters Against Cancer will not be refunded.
Fighters Against Cancer will carry out reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has explicitly consented. In any case, no reimbursement fees will be charged to the Customer.
Article 8: Guarantee
Under the law of 21 September 2004 regarding the protection of consumers, those consumers have certain legal rights when purchasing consumer goods. This legal warranty is valid from the date of delivery to the first owner. Any commercial warranty leaves these rights without prejudice.
To invoke the warranty, the Customer must present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer’s home, the Customer should contact the Fighters Against Cancer customer service and return the product at their own expense.
If a defect is discovered, the Customer needs to notify Fighters Against Cancer of this as quickly as possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been determined. Afterwards, there will be no further entitlement to repair or replacement.
Commercial and / or legal warranty does not apply to defects due to accident, neglect, falls, use of the product contrary to purpose, not following the instructions or manual, adjustments or changes to the article, rough use, poor maintenance or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months from date of purchase or delivery are not deemed to be hidden defects, unless the Customer can provide contrary evidence.
Article 9: Customer Service
The customer service of Fighters Against Cancer can be reached on +32 497 63 12 96, by e-mail at email@example.com or by mail at the following address: Wintboomstraat 6a, 3800 Gingelom. Any complaints can be directed to our customer service.
Article 10: Penalties for non-payment
In case of non- or late payment from the date of the breach of law and without notice, the Customer owes an interest of 10% per year on the unpaid amount without prejudice to the exercise of the other rights of Fighters Against Cancer. Moreover, the Customer automatically and without notice has to pay a compensation of 10% on the amount in question, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, Fighters Against Cancer reserves the right to take back not (fully) paid items.
Article 11: Privacy
The data controller, Fighters Against Cancer, respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.
Personal information provided by you will only be used for the following purposes: to manage our clients, to process your order, to send newsletters, to keep you posted on our events, for advertising and/or marketing purposes.
You have a legal right to examine and possibly correct personal data. Subject to proof of identity (copy of the user’s identity card), you can, via a written, dated and signed request to Fighters Against Cancer, Wintboomstraat 6a, 3800 Gingelom or via firstname.lastname@example.org, receive free of charge a written statement of the user’s personal details. If necessary you may also ask for any incorrect, incomplete or irrelevant data to be adjusted.
The user may, free of charge, object to the use of his personal details for the purposes of direct marketing. In this regard, the user should contact Fighters Against Cancer, Wintboomstraat 6a, 3800 Gingelom or via email@example.com.
We treat your personal details as confidential information and will not give, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of his login data and the use of his password. Your password is stored encrypted, Fighters Against Cancer has no access to your password.
Fighters Against Cancer keeps online (anonymous) visitor statistics, to see to what extent pages of the website are visited.
If you have any questions about this privacy statement, please contact us at Fighters Against Cancer, Wintboomstraat 6a, 3800 Gingelom or via firstname.lastname@example.org.
While visiting the Fighters Against Cancer website, cookies may be stored on the hard drive of your computer. A cookie is a text file that is placed in the browser of your computer or your mobile device by the server of a website in the browser when you visit that website.Cookies cannot be used to identify individuals, it can only identify a machine.
You can configurate your Internet browser so that cookies are not accepted and that you will receive a warning when a cookie is installed or when cookies are subsequently deleted from your hard drive. You can do this through your browser settings (via the help function). Keep in mind that some graphic elements may not appear properly or that you will not be able to use certain applications.
Article 13: Encroachment validity – Non-renunciation
If any provision of these Terms should be found invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
The failure to enforce or exercise at any moment any of the rights mentioned in these Terms by Fighters Against Cancer, can never be regarded as a renunciation of these provisions and will never affect the validity of these rights.
Article 14: Amendments to the conditions
These Terms are supplemented by other terms explicitly referred to and the general conditions of Fighters Against Cancer. In the event of contradiction, the present Terms shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as proof.
Article 16: Applicable law – Jurisdiction
Belgian law is applicable, with exeption of the Terms of the international privacy law about applicable law and with the regulations of Rome I about international sales agreements regarding goods.