General Conditions:
ITCS NV
Handelsnaam : Maxifun.com
Sportlaan 20, 3090 Overijse, Belgie
Email: contact@maxifun.com
Telephone: +32 (0) 2/219.99.99
BTW number: BE0446476845
HRBrussel : 555865
Article 1: General conditions
The e-commerce website of ITCS NV, with registered office at Sportlaan 20, 3090 Overijse, VAT BE 0446476845, RPR Brussels 555865 (hereinafter: Maxifun.com), offers its customers the opportunity to purchase products from its online store.
These General Terms and Conditions apply to every order placed by a visitor of this e-commerce website ("Customer"). When placing an order via the Maxifun.com web shop, the Customer must expressly accept these Conditions, thereby agreeing to their applicability to the exclusion of all other conditions. Any additional conditions of the Customer are excluded, unless they have been expressly and in writing accepted in advance by Maxifun.com.
Article 2: Price
All prices listed are expressed in EURO and always include VAT and all other taxes or duties that must be borne by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The stated price relates exclusively to the items as described verbatim. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price.
Article 3: Offer
Although the online catalogue and the e-commerce website are compiled with the greatest possible care, it is nevertheless possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding. Maxifun.com is only bound by an obligation of means about the accuracy and completeness of the information provided. Maxifun.com can in no case be held liable for manifest material, typographical or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or method of delivery, the Customer is requested to contact customer service in advance.
The offer is always valid while stocks last and may be adjusted or withdrawn at any time by Maxifun.com. Maxifun.com cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer selects the products he wishes to purchase, and, after payment, these are shipped to the Customer.
The Customer may choose between the following payment methods:
Maxifun.com is entitled to refuse an order due to a serious breach by the Customer regarding orders in which the Customer is involved.
Article 5: Delivery and performance of the contract
Items ordered via this web shop are delivered only to countries belonging to the European Union, excluding islands and city states.
Delivery is carried out by one of our transport companies such as GLS Transport, UPS, etc.
Unless otherwise agreed or explicitly stated otherwise, the goods are delivered to the Customer’s residence within 30 days after receipt of the order.
Any visible damage and/or qualitative deficiency of an item or other deficiency upon delivery must be reported immediately by the Customer to Maxifun.com and noted with the transport company at delivery.
The risk of loss or damage passes to the Customer once he (or a third party designated by him, other than the carrier) has taken physical possession of the goods. However, the risk passes to the Customer upon delivery to the carrier if the carrier has been instructed by the Customer to transport the goods.
Article 6: Retention of title
The delivered items remain the exclusive property of Maxifun.com until full payment by the Customer.
The Customer undertakes, where necessary, to inform third parties of Maxifun.com’s retention of title, for example anyone who would attempt to seize the items that have not yet been fully paid.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase items online from Maxifun.com in their capacity as consumers.
The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason.
The withdrawal period expires 14 calendar days after the day of delivery.
To exercise the right of withdrawal, the Customer must inform ITCS NV, Sportlaan 20, 3090 Overijse, contact@maxifun.com, by means of an unequivocal statement (e.g. in writing by post or e-mail) of his decision to withdraw from the contract. The Customer may use the attached model withdrawal form but is not obliged to do so.
Article 8: Warranty
Pursuant to Article 1649quater of the former Civil Code, the consumer has statutory rights. This statutory warranty lasts two years and applies from the date of delivery to the first owner. Any commercial warranty leaves these rights unaffected.
To invoke the warranty, the Customer must be able to provide 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 must contact customer service and return the item to Maxifun.com.
If a defect is detected, the Customer must inform Maxifun.com as soon as possible. In any case, any defect must be reported within a period of 2 months after its discovery by the Customer. After this period, any right to repair or replacement lapses.
The (commercial and/or statutory) warranty never applies to defects resulting from accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to follow instructions for use or the manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.
Article 9: Customer service
The customer service of Maxifun.com can be reached by telephone at +32 (0)2 219 99 99, by e-mail at contact@maxifun.com, or by post at the following address: Sportlaan 20, 3090 Overijse, Belgium. Any complaints may be addressed here.
Article 10: Penalties for non-payment
Unless expressly agreed otherwise in writing, invoices are payable in cash. In the event of non-payment of all or part of the price, the provisions of Book XIX of the Belgian Code of Economic Law apply, and the seller will send the Customer a free reminder to pay the outstanding amount within 14 calendar days. If the Customer does not pay within this period, the outstanding amount will be increased by annual interest calculated at the reference interest rate increased by eight percentage points as referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions, calculated from the calendar day following the day on which the free reminder was sent to the Customer, as well as by a fixed compensation of:
Without prejudice to the foregoing, Maxifun.com reserves the right to repossess items that have not been (fully) paid.
Article 11: Privacy
The data controller, ITCS NV, complies with the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.
The personal data you provide will only be used for the following purposes: performance of the concluded agreement, processing of the order, sending newsletters, advertising and/or marketing purposes.
You have a legal right of access to and, where appropriate, correction, supplementation or deletion of your personal data. In certain cases, listed in the GDPR, you may also request a restriction of the processing of your personal data. You may also object to the processing of your personal data if you have serious and legitimate reasons that outweigh our need to process your data. By means of a written, dated and signed request to ITCS NV, Sportlaan 20, 3090 Overijse, contact@maxifun.com, you may request your personal data free of charge in a digital and readable form and/or have them transferred to other controllers. Where our processing is based on your prior consent, you have the right to withdraw that consent.
In the event of use of data for direct marketing: you may object free of charge to the use of your data for direct marketing without having to give any reason.
To exercise your rights, you may contact ITCS NV, Sportlaan 20, 3090 Overijse, contact@maxifun.com.
We treat your data as confidential information and will not pass it on, rent it out or sell it to third parties.
For more information, see our Privacy Policy.
Article 12: Use of cookies
Our website uses cookies and similar technologies. This helps us provide you with a better user experience when you visit our website and also allows us to optimise our website. Without your prior consent, we only place strictly functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your consent first.
For an overview of all cookies that our website places on your device, please refer to our Cookie Policy.
Upon your first visit to our website, you will be asked to accept our cookies. You can subsequently manage your choices at any time.
You can configure your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed, or that cookies are subsequently removed from your hard drive. You can do this via your browser settings (via the help function). Please note that certain graphical elements may not appear correctly or that you may not be able to use certain applications.
Article 13: Severability – non-waiver
If any provision of these Conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions.
The failure by Maxifun.com at any time to enforce any of the rights listed in these Conditions, or to exercise any right thereof, shall never be regarded as a waiver of such provision and shall never affect the validity of these rights.
Article 14: Amendment of conditions
These Conditions are supplemented by other conditions explicitly referred to, and the general terms and conditions of sale: not applicable. In the event of a conflict, these Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups may serve as evidence.
Article 16: Applicable law – Disputes
Belgian law shall apply, except for the provisions of private international law relating to applicable law.
The courts of the Consumer’s place of residence shall have jurisdiction in the event of judicial disputes. The Consumer may also have recourse to the ODR platform (http://ec.europa.eu/consumers/odr/).
ANNEX 1: MODEL WITHDRAWAL FORM
Dear Customer,
You only need to complete and return this form if you wish to withdraw from the contract.
To ITCS NV
Sportlaan 20
3090 Overijse
Belgium
Email: contact@maxifun.com
I/We () hereby notify you that I/we () withdraw from my/our () contract for the sale of the following goods/provision of the following service ():
Ordered on () / Received on ()
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