General sales conditions
The following terms and conditions apply to all orders placed by official DASSY dealers.
1. Scope and Definitions
A. These General Terms and Conditions (the "Terms") apply when you access the DASSY Website and Web shop or place orders to purchase goods in the DASSY web shop. Any reference to "we"/“us”/"our"/”DASSY” in these Terms is a reference to DASSY EUROPE bv, located at Pathoekeweg 15, 8000 Brugge, België and any reference to "you"/"your" means you, the user of the Website and Web shop (the “Website”).
B. Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering goods from the Website, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. We recommend that you print and/or save a copy of these Terms on your computer/device.
C. These Terms are available in multiple languages. Select a country to consult the translations.
2. General information about DASSY EUROPE
Identification and contact information of DASSY EUROPE can be found on the contact page on the website, on +32 50 799 320 (standard rate, rates for mobile calls may differ) or [email protected]
3. Our Contract
A. Ordering via our DEALER CORNER and clicking the “CONFIRM ORDER” button forms a binding contract of sale between you and us.
B. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us, in accordance with this paragraph, paragraph 5 (D) of these Terms. We reserve the right to refuse an order based on legitimate and exceptional reasons and, among other things, if the ordered goods are no longer available. We will try our very best to update the website, so that goods that are no longer available cannot be purchased, but it cannot be excluded that, for technical reasons, some delay occurs between the delivery of the last item of a product and your own order of the same product (so that you are able to order it even though it is no longer available). Information on availability and other product information that is mentioned on the Website is only indicative and not binding for DASSY.
C. You will automatically be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order and no agreement has been established at this stage; it merely records the fact that we have received the order.
4. Your promises to us
You confirm that all information and details you provide to us (including registration) are true, accurate and up to date in all respects and at all times.
5. Delivery, Delivery Times, Availability of Goods
A. Your shopping cart shows the availability of each product, at the time this article was added to the shopping cart. Please note that the items in your shopping cart are not reserved for you, as long as your order is not finalized. Should you wait a while before finalizing your order, this availability information will be outdated. Your order is not final until you have completed the entire order process.
B. After placing your order, you will receive an order confirmation via e-mail, on which you can check the availability of your ordered goods.
C. Whilst we will try our best to deliver your goods within the estimated delivery time, it may take longer than expected sometimes. If it takes us more than 30 days to deliver your goods, we will inform you as soon as possible. The provided delivery times are not binding and delays in delivery are no reason for any compensation.
D. If, for any reason, the goods you ordered are not available at the time you place your order, you will be notified by e-mail. Our acceptance of your order in the Acceptance E-Mail is limited to the goods that are available. No contract of sale will be concluded for goods that are not available.
6. Prices and Delivery Charges
A. All of the prices listed on the Website are recommended retail prices excluding VAT. These prices are only indicative and not binding.
B. The specified product prices may vary by product, depending on the choice of quality, colour, size or model type of the product (if applicable). On the website, the product price is always adjusted according to the selected criteria.
C. Shipping within the European Union: Any shipping costs and possible discounts will be settled in the shopping cart. The shipping costs are calculated based on your official billing address. If during the ordering process, during the control of your data, you choose to send your order to a different shipping address, the shipping costs may differ. Additional transport costs are passed on to the customer.
D. Shipping outside the European Union (United Kingdom & Switzerland): Possible discounts are settled in the shopping cart. Shipping costs are only calculated when the invoice is created, as costs may vary depending on the order quantity and the number of boxes that need to be shipped.
7. Payment, Default in Payment
A. As an official DASSY dealer you will pay for your orders by invoice. You will receive this invoice via e-mail after your order has been processed.
B. Do you prefer to receive your invoice via postal mail? Then please contact our customer service.
C. Unless otherwise agreed in writing, all DASSY invoices are payable in cash at the latest on the due date mentioned on the invoice. If no due date is explicitly mentioned, the invoices are payable within 30 calendar days after their date of issue.
D. In case of non-payment on the due date the customer shall pay by operation of law and without prior notice of default, as from the due date, a fixed compensation equalling 10% of the unpaid amount, with a minimum of 150 EUR, as well as interests on overdue payment at a rate of 10% per year or at the interest rate applicable pursuant to the Act of 2 August, 2002 on arrears of payment in commercial transactions, whichever percentage is higher. In case of non-payment of one invoice on its due date all other invoices, even those that have not yet fallen due, become payable immediately by operation of law and without prior notice of default. Without prejudice to all other rights, DASSY is entitled, in case of arrears in payment, to suspend the (further) performance of any agreement with the customer (even if the failure to pay relates to another contractual relationship) and to cancel the agreement(s). In case of reasonable doubt as to the solvency of the customer DASSY is entitled to demand full payment in advance before performing the agreement or continuing its performance. Additionally, DASSY is allowed to charge an amount of 35 EUR per reminder.
E. The customer is irrevocably deemed to have accepted DASSY invoices if we do not receive a well-founded objection by registered post within 8 calendar days after invoice date. If no proof to the contrary is provided, all invoices will be deemed to have been received by the customer on the third working day after their issue.
8. Property reservation
A. All goods remain property of DASSY until the customer has fully met his commitments. This does not prevent that all risks are passed on to the customer from the conclusion of the agreement.
B. In case DASSY has provided the customer display material in order to exhibit the items of the collection and in this way support sales (the DASSY shop in shop metal racks), the customer commits to exclusively exhibit articles of the DASSY collection in the provided display. The customer is responsible for the maintenance and preservation of these display materials. Upon termination of the sales agreement with the customer, the customer has to return all provided material to DASSY immediately.
C. When DASSY authorized the customer to use publicity material (which allows the customer to place their own ads or to use on their website or other online platform), the customer agrees that the DASSY logo is preserved in its original form without any modification.
A. Our warranty never exceeds the warranty provided by our supplier-manufacturer, if any. In addition, the customer has the obligation to thoroughly inspect the goods (or have them inspected)) upon their receipt. Receipt of the goods implies is regarded as their acceptance. Without prejudice to prior acceptance, the goods are irrefutably deemed to have been accepted if no written complaint is filed within 8 calendar days after receipt of the goods and in any case as soon as they are put into use, either partially or in full. Acceptance covers all apparent defects. All claims relating to (apparent or hidden) defects must be submitted to court without delay in order to be valid.
B. In addition, any liability and obligation to indemnify of DASSY ceases to exist one year after delivery (even if the defect should become apparent at a later point in time). If DASSY is helded liable for any defect, DASSY only has the obligation to repair or to replace the product as it sees fit, without any further liability and without any possibility of recourse for the customer.
10. Return of goods: procedure and terms and conditions
Please note that the following return procedures and conditions only apply to official DASSY dealers.
1. Request a return
Send an e-mail to request your return:
State the reason for your return.
N.B.: request your return with 10 working days of receiving the goods. Returns that are requested later will not be accepted (see standard terms and conditions for return).
2. Fill in the return form
You will receive a return form with a unique return number.
Complete this form in full:
- What goods are you returning?
Be as complete as possible: colour, size, type, material …
- What is the reason for returning the goods?
Return this return form by e-mail.
Timing: within 10 working days of the receipt of the return form.
3. Send back the returns
Send your goods to the head office in Bruges:
Always enclose the necessary documents with your consignment:
- The printed return form (1 form per box).
- Show the unique return number clearly on the outside (of each box).
- For returns of the "complaint" type: attach 1 copy of the corresponding invoice.
Timing: within 10 working days of the receipt of the return form.
Terms and conditions: always have regard to the terms and conditions for return when returning your goods (see further).
4. Evaluation of return consignment
Your return consignment is always evaluated by our staff.
If your return consignment is accepted:
- You will receive a credit note for the net invoiced price, less::
- €1.50 processing costs per item.
- 20% of the net invoiced price if the goods have to be repacked.
- 50% of the net invoiced price if the goods have to be repacked and relabeled.
- Any dispatch costs.
If your return consignment is not accepted (see terms and conditions for return):
- You will be notified by our customer services
- The goods will remain at your disposal in our warehouse for a further 15 days.
- If you wish you still have the opportunity to arrange a pickup to receive the goods back.
5. Evaluation of return consignment of the COMPLAINT type
Your return consignment is always evaluated by our staff within a reasonable period.
When a check is made specifically to see whether the material and or manufacturing defect is as described in your return statement.
B. Terms and conditions for return
Terms and conditions for dealing with returns:
- Each item must be returned (unless otherwise agreed) in its original condition, including all components, packaging and labels.
- Return consignments without a valid return number and accompanying return form will not be accepted.
- Return consignments of the complaint type without an accompanying invoice will not be accepted.
- Damage caused during transport as a result of incorrect packing can still be a reason for the supplier to refuse the return consignment.
The following goods, with the exception of return consignments of the "complaint" type, can never be returned:
- Goods that do not form part of the supplier's standard product range.
- Damaged and/or used goods.
- Goods with non-original, damaged or opened packaging where the supplier is unable to repack the goods as new.
- Goods that are imprinted and/or embroidered, or goods that have been provided by the customer with security tags, labels, inscriptions, price tickets and the like.
- Goods that have been offered later than 10 working days after receipt.
- Any other reason why the goods are unsaleable.
Return consignments that are not offered in conformity with the procedure and terms and conditions described above will not be accepted.
The goods will remain at your disposal in our warehouse for a further 15 days. If you wish you still have the opportunity to arrange a pickup to receive the goods back.
11. Your Personal Data
A. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
B. We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be deemed to have been reasonably foreseeable where it could be contemplated by you and us.
C. We will also not be responsible for any loss or damage caused to you when you are not the customer that has entered into these Terms.
D. When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
E. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijackings, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
13. Final Provisions
A. We reserve the right to change or update these Terms from time to time. Even in that case, and except as required by applicable law, the contract of sale shall be governed by agreed conditions during the ordering process.
B. If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.
C. All agreements with DASSY are governed by Belgian law. In case of disputes the courts of the legal district where DASSY’s registered office is established have exclusive jurisdiction, without prejudice to DASSY’s right to summon the debtor to appear before the judge of his place of residence.