Terms & conditions

These are the General Terms and Conditions (the "General Terms and Conditions") of the webshop www.barcomarketingstore.com (the "Webshop"). The General Terms and Conditions apply to any person accessing and/or using the Webshop and/or making or wanting to make a purchase on the Webshop. The General Terms and Conditions may be amended from time to time, in such case the amended General Terms and Conditions will apply upon publication on the Webshop.

When placing an order on the Webshop, you will enter into an agreement with:

These Gifts bv, a company under Belgian law with company number BE 0717.613.423 and with registered office at Koning Albertstraat 37 box 1, 8500 Kortrijk, Belgium, +32 (0) 56 19 48 , info@thesegifts.eu (the "Seller").

1. Access to the Webshop

A registered personal user account is required to access the Webshop. You are advised to always keep your login credentials and passwords strictly confidential. The Seller cannot be held responsible for any abuse of unsecured login credentials and/or passwords.

2. Order process

Orders can be placed in the languages indicated on the Webshop, English. To place an order and, consequently, buy an item, you will have to add the item to your chart. In a next step, you will be asked to fill in your personal information, and to confirm – if applicable – the delivery method. A detail of your order will be presented, allowing you to correct or change – if necessary – the order, before placing it. By clicking on the button “place order”, you will place a binding order. An order confirmation will follow shortly by email, without prejudice to the right of the Seller to cancel or put the order on hold, if you appear to have provided incorrect or incomplete information or fail to execute the payment in a timely manner. If a Product appears to be unavailable, the Seller will cancel the order for the concerned Product. The Seller will inform you of such cancellation as soon as reasonably possible by email and will refund you accordingly. This will not affect the remainder of your order.

3. Products

The products governed by these General Terms and Conditions are those offered and/or sold in the Webshop (hereinafter the "Products"). All Products are offered, subject to stock availability. They are described and presented as accurately as reasonably possible. The Seller does not accept any liability for any errors or omissions in the description and/or presentation of the Products. All pictures of the Products are purely indicative, and not binding. The risk of loss or damage relating to the Products will be transferred to you upon delivery.

4. Prices and expenses

The prices of the Products are given in the currencies and against the exchange rates as mentioned on the Webshop. All prices are offered subject to manifest errors. Orders made based on a manifest incorrect price - even after an order confirmation has been sent out - will be cancelled. The Seller will promptly notify you of such cancellation. The Seller reserves the right to change the prices after consultation and confirmation from Barco Procurement. Any promotions, free items, or price reductions – if applicable – will be mentioned on the Webshop.

If you are a consumer in the sense of the Consumer Rights Directive (2011/83/EU) (the “Consumer Rights Directive”), all prices on the Webshop are expressed including all taxes, charges and duties, and transaction costs. Shipping and delivery costs are, however, not included in the prices of the Products. The shipping costs will be specified on the order screen before you confirm the order.

If you are not a consumer in the sense of the Consumer Rights Directive, all prices are offered with the exclusion of VAT and/or any other taxes, charges and duties, delivery and/or shipping costs, transaction costs and/or handling fees.

5. Payment

Payments can, will be made after delivery. If you are not a consumer in the sense of the Consumer Rights Directive, transaction costs may apply.

6. Delivery

All Products will be delivered to the address you indicated in the order. Our delivery services will perform two (2) delivery attempts. If no delivery can be made within these two attempts, an additional delivery cost may be charged for each re-attempt of delivery. Our delivery services will only deliver Products to countries that are included in the shipping matrix of the Webshop. If your country is not included in the shipping matrix of the Webshop, you can always ask our after sales services to verify possible alternatives. The deliveries will be performed in accordance with the DDU terms and conditions, and within the delivery terms mentioned on the Webshop. These delivery terms are expressed in business days, meaning from Monday to Friday, legal holidays excluded. If you have ordered a personalized/customized item, the delivery term of your order will automatically be extended. This will affect the entire order, even if the other items are standard items.

7. After-sales service

7.1. Handling of customer complaints

If you have queries or complaints about a Product you have bought, you can contact our after-sales service department by phone or e-mail, as mentioned above.

7.2. Right of withdrawal

If you are a consumer in the sense of the Consumer Rights Directive, you will benefit from a right of withdrawal, as follows. You will have the right to withdraw from your purchase, without giving any reason, within fourteen days following the day you, or a third party appointed by you (other than the carrier), have physically taken possession of the Product. If your purchase involves more than one Product ordered in a single order and if these Products are shipped separately, the fourteen-day term starts on the day you, or a third party appointed by you (other than the carrier), have physically taken possession of the last Product. The right of withdrawal does not apply to Products that have been personalized at your request or to Products with a limited shelf life. To exercise your right of withdrawal, you must notify the Seller's after-sales service department by email of your decision to withdraw from the purchase by means of an unequivocal written statement, within the fourteen day term as defined above.

If you exercise your right to withdraw from the purchase, the Seller will reimburse all payments received from you, including shipping costs. It being understood that shipping costs are refunded only if you withdraw your order in full, i.e. without keeping one or more of the Products that are part of the package ordered. If you have chosen a shipping method other than the least expensive method of standard shipping offered, the additional costs arising from your choice will not be reimbursed. The reimbursement will be made shortly upon receipt of the returned Product(s), using the same method of payment as the method the Buyer used for the original transaction. You must return or give back the Product(s) to the Seller's after-sales service department using the address mentioned above, without undue delay and, in any case, within fourteen days following the notification of your decision to withdraw. The Products must be returned intact, complete and in their original packaging. In order to be able to process your return shipments as efficiently as possible, you are asked to include with the returned Products a printed copy of the return form downloaded from the webshop. You may only handle the Product to the extent necessary to establish the nature, characteristics and correct functioning of this Product. If you handle the Product in any different way and the Product's value is reduced as a result, you will be held liable.

7.3. Guarantee - Conformity

If you are a consumer in the sense of the European Directive 1999/44/EC on the sale of consumer goods and associated guarantees (the "Consumer Goods Guarantees Directive"), you will benefit from a legal product guarantee. Unless expressly agreed otherwise, the Products sold by the Seller do not benefit from an additional guarantee offered by the Seller nor by the manufacturer.

If you are not a consumer in the sense of the Consumer Goods Guarantees Directive, the Seller guarantees that the Product delivered will be in conformity with the description of the Products ordered. The Seller, however, will not be held liable for any hidden default, to the extent permitted under Belgian law. You are obliged to verify the Products as to their conformity immediately upon delivery. Every complaint must be communicated to the Seller in writing (this is by email confirmed by registered mail, by fax or by registered mail) as soon as possible, and in any event within eight (8) days (Belgium) – fifteen (15) days (abroad) following delivery, failing to which the complaint shall be null and void. If you don’t communicate your complaint within the above term to the Seller or you have used or commercialized the concerned Product – even in case of a timely complaint – , you will be considered to have unconditional and irrefutable accepted the delivered Product. If a complaint is considered to be justified by the Seller, then the Seller shall, without being held to any additional damages, either repair the concerned Products or replace the concerned Products. In order to be reimbursed for the return costs, you must provide proof of these costs to the Seller. The Seller may also choose to have the Products collected from you at the Seller's expense. If you return Products to the Seller for a replacement, you are requested to include with the returned Products a completed and printed copy of the return form that will be sent to you by the Seller's after-sales service department. Unless expressly agreed in written otherwise, the Products sold by the Seller do not benefit from an additional guarantee offered by the Seller or the manufacturer.

8. Liability

The Seller will not be liable if the Seller's failure to fulfil its obligations is attributable either to the unforeseeable and unsurmountable action by a third party to the contract or to a case of force majeure (on the part of the Seller or its subcontractors), including the inability of the Seller's logistics partner to deliver the Products within the envisaged delivery times. Similarly, Seller will not be liable for any disadvantages or damages inherent to the use of the Internet network, such as loss of service, external intrusion or the presence of computer viruses. In the event the Seller would be held liable in pursuance of a failing imputable to him, this liability will be limited – within the maximal legal limits permitted by Belgian law - to direct damages with a maximum sum amounting to the whole of the sums received by the Seller for the Products you ordered. The Seller will not be liable for indirect or consequential damages; ‘indirect or consequential damages’ are read as: damages which are not the immediate and direct result of an imputable default of the Seller (e.g. purly financial damage, loss of profit, loss of customers). The Seller shall not be liable in case of wrong use of the Products.

9. Intellectual property

All elements of the Webshop, whether visual or sound, including the underlying technology, are protected by copyright, trademark or patent law, and are the exclusive property of the Seller and/or These Gifts part of Baron Carton BV, respectively. In no event shall their disclosure be interpreted as the granting of any licence or right to use. Not a single element originating from the Webshop may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever. For the avoidance of doubt, the use of hypertext links to the Webshop using the framing or in-line linking technique are equally forbidden and must immediately be removed upon simple request of the Seller. The unauthorized use of any of the elements of the Webshop will lead to civil and/or criminal proceedings.

10. Personal details

Some of your personal data may be processed by the Seller, in accordance with the Seller’s Privacy Policy.

11. Severability

If one or more of the clauses of these General Terms and Conditions is declared invalid, unlawful or non-enforceable, such invalidity, unlawfulness and non-enforceability shall not affect the validity of the other clauses. Each of the parties shall endeavour to immediately negotiate in good faith a legal, valid and enforceable clause to replace said clause.

12. Governing law and jurisdiction

These General Terms and Conditions, the use of the Webshop and/or the purchases made on it are subject to Belgian law, including European law (such as the Consumer Rights Directive and the Consumer Goods Guarantees Directive).

The Webshop complies with Belgian legislation. If you are a consumer, possibly, certain consumer protection rules of mandatory law that apply in your country of domicile may grant you more extensive rights than the rights provided for under Belgian law or in these General Terms and Conditions. If that is the case, and to the extent that such rules do not violate European law, these rules will prevail, and you will be able to enjoy such more extensive rights. Without prejudice to the foregoing, the Seller however does not give any guarantee of compliance with the local legislation applicable, when you access the Webshop from countries other than Belgium. The competent courts in the case of any dispute will be the Belgian courts, more in particular the courts of Kortrijk.