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Terms and Conditions

Company information

Omnipull bv - Kleine Dries 21 A – 8600 Diksmuide
Email address:  info@omnipull.com
Phone number: 051/831010
Company number 0442 017 914
VAT BE 0442 017 914, RPR Ghent, Department Veurne


Article 1: General provisions

The e-commerce website of Omnipull, a private limited company with registered office in Diksmuide, VAT BE 0442 017 914, hereinafter 'Omnipull' offers its customers the opportunity to purchase products from its online store.

These General Terms and Conditions ("Terms") apply to every order placed by a visitor of this e-commerce website (“Customer”). When placing an order through the Omnipull online store, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, excluding all other terms. Additional terms from the Customer are excluded, unless they have been expressly accepted in writing by Omnipull in advance.

Article 2: Price

All prices mentioned are expressed in EURO, and unless otherwise stated are always excl. VAT and excl. all other taxes or charges that the Customer is obliged to bear.

If delivery, reservation, or administrative costs are charged, this will be stated separately. If these costs cannot be calculated in advance (for example, and not limited to, due to exceptional weight, dimensions, distance), then only In-store Pickup is possible. Nevertheless, we ask that the customer contacts Omnipull, after which a solution will be sought.

The price indication applies exclusively to the items as described literally. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. Color deviations may occur.

Article 3: Offer

Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Omnipull. Omnipull is only obliged to a best-efforts commitment regarding the accuracy and completeness of the information provided. Omnipull is in no case liable in the event of manifest material errors, typographical or printing errors.

If the Customer has specific questions about e.g. sizes, color, availability, delivery time, or delivery method, we request the Customer to contact our customer service in advance.

The offer is valid as long as stocks last and can be adjusted or withdrawn by Omnipull at any time. Omnipull cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

Step 1: The product

You can search for a product via the navigation structure or via the search field at the top right. There you can search by, for example, article number or by a description. You may need to adjust the description if our webshop does not immediately find your product.

If you have found a product, click on the name of the product for more info. You can also enter the desired quantity here. Next to the product, it says 'In cart'. Click on it to add the product to the cart.

Step 2: The cart

The product you selected has now been added to your cart. In this step, you can also change the desired quantity. From the cart, you have the choice of two next steps. You can choose to continue shopping in our webshop to view our further assortment, or you can go directly to checkout to pay for your order. If you wish to continue shopping, click the button Continue shopping. If you wish to check out, click the button Go to checkout or Proceed to payment. You will now be redirected to the checkout page.

Step 3: Checkout

Personal information

If you are already a customer and have a login, you can log in here. New customers fill in their first name, last name, and email address. Click on Continue to go to the next step. You will be notified if you have not filled in a required field.

Addresses

Fill in your delivery address here. Companies also fill in their company name and VAT number here. If this address is also the billing address, check the box Use this address also for the invoice and click on Next. The shipping address you filled in will be displayed. You have the option to provide an additional address.

Delivery method

You can then choose to have your order delivered for the displayed shipping costs or to pick up the product at our store.  There are no additional costs for pickup. Click the Continue button.

Payment

Every order entails a payment obligation. You must select a payment method. With us, you have the option to pay in various ways. All payments are made online, either via a debit card or a credit card.

Also check here that you accept our Terms and Conditions .

Omnipull is entitled to refuse an order due to a serious shortcoming of the Customer regarding orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Items ordered through this web store are primarily delivered in the Benelux. Delivery to other countries in Europe is possible, but the shipping costs may not always be determined in advance.

Delivery is done via Pickup at our location in Diksmuide or through transport arranged by Omnipull. The costs associated with the latter depend on the weight and dimensions and will be communicated to the customer during the purchasing process.

Unless otherwise agreed or expressly stated otherwise, the goods will be delivered to the Customer's residence within approximately 7 days after receipt and payment of the order. If the customer picks up the goods themselves and the product is in stock, then the goods are immediately available. Payment is always made online and in advance.

The stated delivery period is always indicative and can never be binding. The Customer has no right to cancel the purchase for reasons of delivery time, unless the delivery can only take place outside any reasonable period or the Customer has clearly indicated to Omnipull before concluding the agreement that delivery on a specific date is essential.

Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be reported by the Customer immediately to Omnipull. Nevertheless, the Customer should take into account that the majority of the products – although in good condition – are not new but recovered and/or refurbished. It is therefore perfectly normal for these recovered and/or refurbished products to show signs of damage! The Customer cannot assert any rights in this regard. The condition of the product is indicated each time in the product info.

The risk of loss or damage transfers to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already transfers to the Customer upon delivery to the carrier, if the Customer's carrier has been instructed to transport the goods and this choice was not offered by Omnipull.

Article 6: Retention of Title

The delivered items remain the exclusive property of Omnipull until the moment of full payment by the Customer.

The Customer agrees to point out the retention of title of Omnipull to third parties if necessary, e.g., to anyone who would seize the not yet fully paid items.

Article 7: Right of Withdrawal

The provisions of this article apply only to Customers who purchase items online from Omnipull in their capacity as consumers.

If the right of withdrawal applies:

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason. The withdrawal period expires 14 calendar days after the day:

1/ For agreements where the Customer has ordered multiple goods in the same order that are delivered separately: "on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last good.";

2/ For agreements concerning the delivery of a good consisting of multiple shipments or parts: "on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last shipment or the last part.";

3/ For agreements concerning the regular delivery of goods over a certain period: "on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the first good.".

To exercise the right of withdrawal, the Customer must inform Omnipull [Kleine Dries 21A – 8600 Diksmuide – info@omnipull.com] via an unambiguous statement (e.g., in writing by post, fax, or email) of their decision to withdraw from the agreement. The Customer may use the withdrawal form below for this purpose, but is not obliged to do so.

To comply with the withdrawal period, the Customer must send their communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Omnipull, Kleine Dries 21A in 8600 Diksmuide. The Customer is on time if he returns the goods before the 14 calendar day period has expired. Under no circumstances will Omnipull collect the goods from the Customer, unless otherwise agreed in writing in advance and the associated costs will be borne by the Customer.

The direct costs of returning the goods are solely the responsibility of the Customer. Omnipull never covers the costs related to returns.

The Customer is requested to return the items in their original condition and packaging, with all accompanying accessories and instructions. If the returned product has in any way decreased in value, Omnipull reserves the right to hold the Customer liable and to claim compensation for any depreciation of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

All returned items will be carefully examined. The starting point here is that the consumer may only inspect the item as he would be allowed to do in a store. Returned items may be tried on, but must not have been used. If an item has depreciated in value due to the Customer's use, this will be charged to the Customer.

If the Customer revokes the agreement, Omnipull will refund all payments received from the Customer up to that point within a maximum of 14 calendar days after Omnipull has been informed of the Customer's decision to revoke the agreement, provided that Omnipull has of course received all goods back at that time.

Any additional costs resulting from the Customer's choice of a different method of delivery than the cheapest standard delivery offered by Omnipull will not be refunded.

Omnipull will refund the Customer using the same payment method that the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such a refund.

The Customer cannot exercise the right of withdrawal for:

  • service agreements after the full execution of the service
  • the delivery or provision of goods or services whose price is linked to fluctuations in the financial market that Omnipull cannot influence and that may occur within the withdrawal period;
  • the delivery of goods made to the specifications of the Customer, or that are clearly intended for a specific person;
  • the delivery of goods that spoil quickly or have a limited shelf life;
  • the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  • the delivery of goods that have been irrevocably mixed with other products after delivery;
  • agreements where the Customer specifically requested Omnipull to visit him to carry out urgent repairs or maintenance;
  • the delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery;

CANCELLATION FORM

(Only fill out and return this form if you wish to cancel the agreement)

— To [here you should fill in the merchant's name, address, and if applicable, his fax and email address]

……………………………………………………………………………………………………………………………………

— I/We (*) hereby inform you that I/we (*) cancel/cancel our agreement regarding the sale of

the following goods (*)/delivery of the following service (*) cancel/cancel (*)

……………………………………………………………………………………………………………………………………

—  Received on (*)……………………………………………………………………………………………………

— Name(s) of consumer(s) ……………………………………………………………………………………………….

— Date …………………………………………………………………………………………

— Signature of consumer(s)

……………………………………………………………………………………………………………

 

Article 8: Warranty

Under the law of September 21, 2004, regarding the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to 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 must contact the Omnipull customer service and return the item at their own expense to Omnipull.

Upon discovering a defect, the Customer must inform Omnipull as soon as possible. In any case, each defect must be reported within a period of 2 months after its discovery by the Customer. Thereafter, any right to repair or replacement expires.

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the usage instructions or manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest on new products after a period of 6 months following the date of purchase, or delivery if applicable, are considered not to be hidden defects, unless proven otherwise by the Customer.

Warranty only applies to new unused products, but never applies to non-new products supplied by Omnipull. The condition of each product is stated on the website.

Article 9: Customer Service

The customer service of Omnipull can be reached at the phone number +32 496 55 18 02 and via email at sabine@omnipull.be or by mail at the address Kleine Dries 21A in 8600 Diksmuide. Any complaints can be directed here.

Article 10: Sanctions for non-payment

Notwithstanding the exercise of other rights held by Omnipull, the Customer is, in the event of non-payment or late payment, from the date of default by operation of law and without notice, liable to pay interest of 10% per year on the unpaid amount. Furthermore, the Customer is, by operation of law and without notice, liable to pay a flat-rate compensation of 10% on the amount in question, with a minimum of 25 euros per invoice.

Notwithstanding the above, Omnipull reserves the right to reclaim the items that have not been (fully) paid.

Article 11: Privacy

The data controller, Omnipull, respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.

The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to access and correct your personal data. Upon proof of identity (copy of ID card), you can obtain a free written communication of your personal data from Omnipull, Kleine Dries 21A, 8600 Diksmuide, via a written, dated, and signed request. If necessary, you can also request to correct any data that may be incorrect, incomplete, or not relevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this purpose, you can always contact Omnipull via info@omnipull.com.

We treat your data as confidential information and will not pass it on, rent it out, or sell it to third parties.

The customer is responsible for keeping their login details confidential and for the use of their password. Your password is stored in an encrypted format, so Omnipull does not have access to your password. 

Omnipull keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.

If you have questions about this privacy statement, you can contact us at info@omnipull.com.

Article 12: Use of cookies

During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

‘First party cookies’ are technical cookies used by the site being visited itself and are intended to ensure the site functions optimally. For example: settings that the user has made during previous visits to the site, or a pre-filled form with data that the user has provided during previous visits.

‘Third Party cookies’ are cookies that do not originate from the website itself, but from third parties, e.g., a marketing or advertising plug-in present. For example, cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give consent – this can happen via a bar at the bottom or top of the website, referring to this policy, which does not prevent further browsing on the website.]

You can set your internet browser to not accept cookies, to receive a warning when a cookie is installed, or to remove cookies from your hard drive afterwards.  You can do this through your browser settings (via the help function). Please note that certain graphical elements may not display correctly, or that you may not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Invalidity - Non-waiver

If any provision of these Terms is declared invalid, illegal, or void, this shall in no way affect the validity, legality, and applicability of the other provisions.


The failure at any time by Omnipull to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be considered a waiver of such provision and shall never affect the validity of these rights. 

Article 14: Amendment of Terms

These Terms are supplemented by other terms explicitly referred to, and the general sales conditions of Omnipull. In case of contradiction, these Terms shall prevail.

Article 15: Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

Article 16: Applicable Law – Disputes

Belgian law applies, with the exception of the provisions of international private law regarding applicable law. Only the courts of the residence of Omnipull are competent in judicial disputes.