At Panache by WVA, we want to ensure that relationships with our customers run as smoothly as possible. We appreciate the trust you place in Panache by WVA and take your rights very seriously. With the conditions of sale below, we want to give you a clear and unambiguous overview of your rights and sometimes obligations. If something is not clear, you can always contact us.

General terms andconditions
General terms and conditions of Panache by WVA, based in Herentals. Version valid from 01/01/2018.

1. General
   • These general terms and conditions apply to all offers from www.panachebywva.be. The terms and conditions are accessible to everyone and are included on the Panache by WVA website. We will send you a written copy upon request.
     
   • By placing an order you agree to the delivery and payment conditions. Panache by WVA reserves the right to change its delivery and/or payment terms after the expiry date.
     
   • Unless otherwise agreed in writing, Panache by WVA does not recognise the general or specific terms and conditions or stipulations of third parties.
     
   • Panache by WVA guarantees that the delivered product complies with the contract and the specifications stated in the offer.

2. Delivery
   • Delivery takes place as long as stocks last.
     
   • As part of the rules of distance purchasing, Panache by WVA will execute orders at least within 30 days. If this is not possible (because the product ordered is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be carried out or can only be carried out in part, the consumer will be notified within 1 month of placing the order and will in that case have the right to cancel the order free of charge and notice of default.
     
   • Panache by WVA's obligation to deliver shall be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Panache by WVA have once been offered to the customer. In the case of home delivery, the report of the carrier, including the refusal of acceptance, shall serve as full proof of the delivery offer.
     Panache by WVA is not liable for delays, loss or damage due to the transport company.
     
   • All deadlines mentioned on the website are purely indicative. No rights may therefore be derived from the periods mentioned.

3. Prices
   • Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
     
   • All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors.
     
   • All prices on the site are in euros and include 21% VAT.

4. Visibility period / right of withdrawal
   • In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. This period begins when the ordered goods have been delivered. If, at the end of this period, the customer has not returned the delivered goods to Panache by WVA, the purchase is a fact.
     
     The customer is obliged, before proceeding to return, to notify Panache by WVA in writing within the term of 14 working days after delivery. The customer must prove that the delivered goods have been returned in time, for example by means of a proof of postal delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition.
     
     If the goods have been used, encumbered or damaged in any way at the customer's premises, the right to dissolution in the sense of this paragraph shall lapse. With due observance of the provisions of the previous sentence, Panache by WVA shall ensure that within 30 days of proper receipt of the return shipment, the full purchase amount, excluding the calculated shipping costs, is refunded to the customer. Returning the delivered goods is entirely at the expense and risk of the customer.
     
   • The right of rescission, as described in the previous paragraph, shall only apply to the goods delivered and shall in no case apply to services such as telephone subscriptions from the (mobile) network operators offered by Panache by WVA. The latter services, for which Panache by WVA only acts as an intermediary or agent, shall be subject to the general terms and conditions of said network operators.
     
   • The right of withdrawal does not apply:
     • Services the execution of which, with the consent of the consumer, has started before the period of seven working days
     • Goods or services the price of which is subject to fluctuations on the financial market over which the supplier has no influence
     • Goods manufactured to consumer specifications, e.g. custom-made goods, or which have a clearly personal character
     • For goods or services which, by their nature, cannot be returned, e.g. for reasons of hygiene or which can spoil or age quickly
     • Audio and video recordings and computer software of which the consumer has broken the seal
     • The supply of newspapers and periodicals; for the services of betting and lotteries

5. Data management
   • If you place an order with Panache by WVA, your details will be included in Panache by WVA's customer database. Panache by WVA complies with the Data Protection Act and will not provide your data to third parties. See our Privacy Policy.
     
   • Panache by WVA respects the privacy of the users of the website and ensures that your personal data is treated confidentially.
     
   • Panache by WVA uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

6. Warranty and Conformity
   • The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
     
   • An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a breach of the obligations of the entrepreneur against the entrepreneur can assert under the law and / or the remote agreement.
     
   • The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, faulty or incomplete, the customer must (before proceeding to return it to Panache by WVA) immediately report these defects in writing to Panache by WVA. Any defects or incorrectly delivered goods must and can be reported to Panache by WVA in writing no later than 2 months after delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. The right to complain and return the goods shall lapse when the goods are put into use after the discovery of default, damage caused after the discovery of default, encumbrance and/or resale after the discovery of default.
     
   • If Panache by WVA deems the customer's complaints to be well-founded, Panache by WVA shall, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation for damages, on the understanding that Panache by WVA's liability and therefore the amount of compensation for damages shall always be limited to a maximum of the invoice amount of the goods in question, or (at Panache by WVA's discretion) to the maximum amount covered by Panache by WVA's liability insurance in the case in question. Any liability on the part of Panache by WVA for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to loss of profit.
     
   • Panache by WVA shall not be liable for damage caused by intent or equivalent deliberate recklessness on the part of non-management personnel.
     
   • This guarantee does not apply if:
     A) as long as the customer is in default towards Panache by WVA;
     B) the customer has parried and/or processed the delivered goods himself or has them repaired and/or processed by third parties.
     C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of Panache by WVA and/or the instructions for use on the packaging;
     D) the defect is wholly or partially the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used.

7. Offers
   • Offers are without obligation, unless otherwise stated in the offer.
     
   • If the buyer accepts an offer without obligation, Panache by WVA reserves the right to revoke or deviate from the offer within 3 working days of receipt of the acceptance.
     
   • Oral promises shall only be binding on Panache by WVA after they have been expressly confirmed in writing.
     
   • Offers from Panache by WVA do not automatically apply to repeat orders.
     
   • Panache by WVA cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
     
   • Additions, changes and/or further agreements are only effective if agreed in writing.

8. Agreement
   • A contract between Panache by WVA and a customer is concluded after an order has been assessed for feasibility by Panache by WVA.
     
   • Panache by WVA reserves the right not to accept orders or orders without giving reasons, or to accept them only under the condition that they are sent cash on delivery or after prepayment.

9. Images and specifications
   • All illustrations, photographs, drawings, etc.; including information on weights, dimensions, colours, images of labels, etc. on the Panache by WVA website are approximate only, are purely indicative and may not give rise to compensation or termination of the contract.

10. Force majeure
    • Panache by WVA shall not be liable if and insofar as its obligations cannot be fulfilled due to force majeure.
      
    • Force majeure shall be understood to mean any strange cause, as well as any circumstance which should not reasonably be at its risk. Delays at or failure to perform on the part of our suppliers, disruptions to the Internet, power failures, disruptions to e-mail traffic and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence on the part of suppliers and/or manufacturers of Panache by WVA as well as auxiliaries, illness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure.
      
    • In the event of force majeure, Panache by WVA reserves the right to suspend its obligations and is also entitled to dissolve the contract in whole or in part or to demand that the contents of the contract be changed in such a way that execution remains possible. Under no circumstances shall Panache by WVA be obliged to pay any penalty or compensation.
      
    • If Panache by WVA has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or the part which can be delivered separately and the customer shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. Liability
    • Panache by WVA is not liable for damage to vehicles or other objects caused by misuse of the products. Before use, please read the instructions on the packaging and/or consult our website.

12. Retention of title
    • Ownership of all goods sold and delivered to the Purchaser by Panache by WVA shall remain with Panache by WVA as long as the Purchaser has not paid Panache by WVA's claims under the contract or previous or subsequent similar contracts, as long as the Purchaser has not paid the work carried out or to be carried out under this or similar contracts and as long as the Purchaser has not paid Panache by WVA's claims for failure to fulfil such obligations, including claims relating to penalties, interest and costs, as referred to in Article 3:92 of the Dutch Civil Code.
      
    • The goods supplied by Panache by WVA which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
      
    • The buyer is not authorised to pledge the goods subject to retention of title or to encumber them in any other way.
      
    • The purchaser hereby unconditionally and irrevocably authorises Panache by WVA or a third party to be appointed by Panache by WVA, in all cases in which Panache by WVA wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there.
      
    • If third parties seize goods delivered under retention of title or wish to establish or assert rights to them, the customer shall be obliged to inform Panache by WVA of this as soon as can reasonably be expected.
      
    • The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to make the policy of this insurance available to Panache by WVA for inspection upon first request.

13. Applicable law/competent court
    • All agreements are subject to Belgian law.
      
    • Disputes arising from an agreement between Panache by WVA and the purchaser, which cannot be resolved by mutual agreement, shall be brought to the attention of the competent court within the district of Antwerp, unless Panache by WVA prefers to submit the difference to the competent court in the purchaser's place of residence, with the exception of those disputes which fall within the competence of the cantonal judge.

14. Payments
    • Payments by bank transfer must be made within the period of 5 calendar days. The day of order is considered to be the first calendar day. After written request by the customer, the period may be extended by a maximum of 3 calendar days. The 5 or 8 days respectively apply as a reservation of the goods, after expiry of this period without receipt of payment, Panache by WVA shall be entitled to offer the goods back for sale or resell them.