Terms & conditions

Terms & conditions

General Terms and Conditions of Sale

Article 1: General Conditions

The AppFactory web store, a company whose registered head office is located at Lindenpark 17, 9831 Deurle, (Belgium), VAT BE 0563423411, RPR Ghent, ('hereafter called AppFactory bvba') offers its customers the opportunity to purchase graphic products online. General Terms and Conditions ("Terms") apply to all items in the assortment and to every purchase that the customer places with AppFactory bvba. By ordering from our site, the customer accepts our general terms and conditions. The conditions are supposed to be known by the contracting parties and they prevail against those of the buyer.

Article 2: Price

All prices mentioned in the website are depending on the customer group the customer has been assigned to. Customer is required to complete a registration process prior to placing a first order in order for AppFactory to identify the correct customer group. Depending on the customer status, the correct VAT will be applied. All prices mentioned are ex-works unless otherwise agreed with the customer. Charged transport- reservation- or administration costs will be mentioned separately. The published price only refers to the written description of the products. The matching pictures are used purely as illustrations and can contain elements that are not included in the price.

Article 3: Offer

Every offer is solely available to the customers residing in the countries that are part of the European Union. The products are meant for normal and private use only. Although the web store and catalog are built with the best possible care, it is still possible that the available information could be incomplete, contains materialistic errors or is not completely up to date. If you have specific questions regarding for example our sizes, colors, availability, shipping terms and/or methods, we would advise you to contact our customer service (See Article 12). APPFACTORY BVBA is only held responsible for the exactitude, relevance and/or extensiveness by obligation of means. APPFACTORY BVBA is not in any circumstance responsible for material errors, typos or printing errors. The offer is always valid until the stock lasts and can be adapted or withdrawn by APPFACTORY BVBA at any time. APPFACTORY BVBA has the right, without any justification, to refuse orders, change the shipping conditions, split packages as well as attaching new conditions to the shipping.

Article 4: Online Purchases

The customer has the opportunity to purchase the articles from the AppFactory assortment online. The purchase is concluded when the customer receives a confirmation email from AppFactory. The items will be home delivered to the customer on the delivery date specified in the confirmation email.

In terms of payment, the customer can chose between:

  • VISA or Mastercard
  • Ogone
  • Order with invoice: Order with invoice  APPFACTORY BVBA, Lindenpark 17, 9831 Deurle
    IBAN BE75 7360 1098 8851  BIC KREDBEBB  V.A.T.-nr. BE 0563423411

Article 5: Property Statement

The delivered goods remain the exclusive property of APPFACTORY BVBA until full payment is made by the customer. All risks to which the goods are exposed shall pass to the buyer upon delivery. The customer agrees to direct Third Parties to the Property Statement of APPFACTORY BVBA if for example the partially paid goods would be taken into custody.

Article 6: Penalties for non-payment

Without prejudice to the exercise of other rights owned by APPFACTORY BVBA, the customer owes a 10% annual penalty fee on the unpaid amount in case of non-or late payment starting the date of the breach of agreement. Moreover, the customer automatically owes and without warning a compensation of 10% of the amount, with a minimum of 25 Euros per bill. Notwithstanding the foregoing, APPFACTORY BVBA reserves the right to repossess un- or partially paid items.

Article 7: Complaints

Every complaint concerning visible damage and/or other shortcomings of an article or delivery, with the risk of losing any right, must be made immediately after the receipt of the goods. 

Article 8: Warranty

a. Legal warranty (only for customers)

Under the Act of September 21, 2004 of the customers ‘protection regarding sales of consumer goods', the customer has legal rights. Each article is subject to this legal warranty for hidden defects and nonconforming delivery from the date of purchase (if applicable delivery to) by the first owner. During this period APPFACTORY BVBA is committed to replace or repair the defective article (or part of it) free of charge. APPFACTORY BVBA reserves the right to exchange the article when repair and/or administration costs are disproportionate, or if repair is impossible. Any commercial warranty leaves these rights without prejudice.

b. General

In order to invoke the warranty, the customers must be able to show a valid proof of purchase. For items that were purchased online and delivered at the customer's given delivery address, the Customer must contact the APPFACTORY BVBA customer service first and then return the article(s) to APPFACTORY BVBA at his own expense. Every default needs to be reported within a month of detection. After which, every right for free repair or exchange will be voided. The (commercial and/or legal) warranty does not cover damage resulting from accidents, negligence, abnormal or incorrect use, use of the article for other purposes it is intended for, non-compliance with the operating instructions or manual, adjustments or alterations made to the article, hard-handed usage, bad maintenance... The warranty neither applies to articles with a shorter lifespan or articles that wear off. Defaults that occur after a period of 6 months following the date of purchase, or delivery, are not considered to be hidden defects, subject to proof to the contrary by the Customer.

The warranty is not transferable.

Article 9: Waiver Terms

The provisions of this article apply only to these customers who in their capacity as a private customer purchase goods online.

Customers have the right to inform APPFACTORY BVBA of their wish to cancel the purchase, without justification and without penalty within 14 working days of delivery of the goods.

Customers who wish to use their waiver right, must contact the APPFACTORY customer service within 14 days after delivery of the goods and return the goods to APPFACTORY BVBA, at their own expense, within 20 days after delivery of the goods. Only articles in the original and undamaged packaging, along with all accessories, instructions and invoice or proof of purchase will be taken back.

Will under no circumstances be accepted:

  • used, soiled, damaged or incomplete items
  • items whose packaging was opened (or a portion of it)
  • custom made items
  • items that cannot be returned due to their nature

Article 10: Privacy Statement

APPFACTORY BVBA is committed to protect your privacy and pledges to use your data strictly to fulfill your requests and to send you information of APPFACTORY BVBA. If you also wish to receive information via email, please pass on your email address as well.

Your personal details are safe with us and will not be disclosed to any other company, organisation or private person. You can request, improve, change, or ask for removal of your data that we store in the customer list of APPFACTORY BVBA at any time, and you may refuse that APPFACTORY BVBA uses your data to send you information. It is sufficient to request this in writing.

The customer himself is held responsible for keeping his login details and the use of his password confidential.
For more information ask for the APPFACTORY BVBA privacy charter or go the link.

Article 11: DEFICIENCY OF VALIDITY - NON-WAIVER

If any given provision of these Terms is declared invalid, unlawful or voided, they will not in any way affect the validity, legality and applicability of other provisions. Failure at any time by APPFACTORY BVBA to enforce the right of one of these conditions, or to use the rights of any of them, will never be seen as a waiver to these terms and will never affect the validity of these rights.

Article 12: APPFACTORY BVBA Customer Service

The APPFACTORY BVBA (AppFactory) customer service is available via the email address info@appfactorydigital.com or on the following number: +32 (0)9 331 53 88 from Monday through Thursday from 8:30 to 17:00 and on Fridays from 8:30 to 15:00.

Article 13: Modification Conditions

These Terms and Conditions are supplemented by other Terms that are explicitly pointed too, and the Terms and Conditions of APPFACTORY BVBA. In case of conflict, these Terms prevail. APPFACTORY BVBA reserves the rights to revise these Terms at any time without further notice. Every purchase made after the modifications are in acceptance by the customers with the new conditions.

Article 14: Evidence

The customer agrees that all electronic communications and backups can serve as evidence.

Article 15: Applicable law – competence

The contract is subject to the Belgian Law, with the exception of International Law concerning applicable law and with the exception of the Vienna Convention concerning the International Sale of Goods. All possible disputes fall exclusively under the jurisdiction of the courts in Ghent.

Article 16: Delivery

Except in case AppFactory and the Customer have agreed otherwise,  AppFactory will endeavour to deliver the Products within ten days from the date when the Customer receives confirmation of his/her order. If for any reason delivery is not possible within the period of thirty days after confirmation of his/her order, AppFactory shall promptly inform the Customer about via e-mail, at the latest at the expiration of this time limit. The Customer is then entitled to a right of cancellation, which he/she, in turn, shall exercise within one (1) day after being informed by AppFactory, in writing. A time for delivery extends - also within a delay - appropriately with entrance of force majeure or hardship that occurs after the confirmation of an order. Force majeure and hardship are understood in the broadest possible way and include, among other things (this list is purely given as an example): unavailability/scarcity of sold Products, scarcity of raw materials, ice formation, exceptional weather conditions, strikes, mobilisation, wars, disease or accidents, communication and information technology breakdowns, government measures, export bans, delays in deliveries, transport and/or travel obstacles, including lack or withdrawal of transport facilities, export obstacles, import obstacles, breakdowns, traffic jams, etc. Force majeure and hardship shall also include a situation of force majeure or hardship for AppFactory's suppliers, improper performance of obligations by suppliers prescribed by the Customer for AppFactory, as well as defects in objects, Products or software of third parties which the Customer has required AppFactory to use. AppFactory informs the Customer of beginning and end of such obstacles as soon as possible.In case of force majeure or hardship AppFactory may at its discretion and without any right of recourse against it (1) temporarily suspend performance of its obligations; (2) cancel the order/agreement by registered letter; (3) invite the Customer to renegociate the terms and conditions of performance. If the Customer does not participate in good faith herein, AppFactory may request the district court to determine new contractual terms and conditions and/or to order the Customer to pay compensation.

Delivery address

Products are sent to the address given on the order form by the Customer. Should the delivery address differ from the invoice address, the Customer is to give both addresses on the order form and the Products will be shipped to the delivery address specifically indicated on the form.

Shipment

Delivery shall be conducted by a shipment service provider chosen by AppFactory. The Customer has to pay standard shipping costs which may depend on order value, and where it is shipped to. Unless otherwise agreed, customer accepts and agrees that the shipping and delivery terms for all Products are EXW (Incoterms 2010), which means that the customer incurs the risks for bringing the goods to their final destination. In general, AppFactory does not load the goods on collecting vehicles and does not clear them for export. If AppFactory does load the goods, it does so at customer's risk and cost. If parties wish AppFactory to be responsible for the loading of the goods on departure and to bear the risk and all costs of such loading, this must be made clear by adding explicit wording to this effect in the contract of sale and/or quotation.

Tracking

The Customer is able to track their parcel on the shipment service provider 's website, thanks to a parcel tracking number. The system of parcel tracking depends on the shipment service provider and is under its responsibility. AppFactory holds no responsibility neither for mistakes found on the shipment service provider 's websites, nor for the shipment service provider's website malfunctions, which could prevent the Customer from tracking his or her parcel.

Customer absence on the delivery day

Depending on the circumstances and the shipment service provider's policy, the Customer may find a note of passage i.e., "leftcard" in his/her mailbox. If indeed the shipment service provider has left a note, the Customer will need to call the shipment service provider in order to arrange a new delivery date. It also might occur that the Customer does not find a note. In this case, it is the Customer's responsibility to track his/her orders online, on the shipment service provider's website, in order to receive information on it as soon as possible.

Exportation control and local legislation

The Customer should check with the local authorities of his/her geographical residence about the entry conditions for the Products. It is the Customer's responsibility to make the necessary declaration(s) and/or payment(s) to the appropriate authorities and or officials in his or her respective country. The Customer should inquire at local authorities on the legalities of importing or using the Products.  AppFactory cannot be held liable if the Customer does not respect the legislation of the country in which the items will be introduced. The Customer shall indemnify and hold harmless AppFactory from and against any and all losses in connection with any and all Claims that may be brought or instituted against AppFactory based on or arising out of the failure of the Customer to respect the legislation of the country in which the items will be introduced.

 

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