Terms and conditions
LivWise NV General Terms and Conditions
The owner of this website is LivWise NV.
Registered office: Vaartlaan 9 | 9800 Deinze | Belgium
Phone: +32 (0)9 385 93 24
Availability: Monday to Friday from 9:00 AM to 12:00 PM and 1:00 PM to 5:00 PM
Email address: firstname.lastname@example.org
Company Registration and VAT number: BE 0454.468.358
Bank: ING Belgium
IBAN: BE04 3900 5340 5831
BIC / SWIFT: BBRUBEBB
The General Terms and Conditions as described here are applicable to each product offered on the www.barbecook.com shop and to all deliveries. Every order implies acceptance of the general terms and conditions of sale. Belgian law exclusively applies to the LivWise NV General Terms and Conditions. You have the right to notify LivWise that you would like to cancel the purchase without penalty and without needing to provide a reason. This must be within 14 calendar days from the day following the delivery of the product or the conclusion of the sale agreement.
Products which may be purchased from the www.barbecook.com website include barbecues, related appliances, barbecue accessories and barbecue parts.
LivWise is a member of BeCommerce vzw and adheres to the BeCommerce Code of Conduct. BeCommerce aims to increase consumer confidence in online and offline distance sales (through catalogues, websites, television, mail order, telephone, text message and other media). This is reflected in the BeCommerce quality label, which serves as a guarantee to consumers that the company bearing the label complies with a number of rules and is regularly audited.
Article 1: Purchase and Payment
The agreement between you, as the buyer, and LivWise is concluded at the moment that you accept and satisfy the conditions set by LivWise. The lack of a standard signature does not affect the binding force of the offer and the acceptance thereof.
LivWise reserves the right to refuse an order or impose additional conditions, for instance on large orders, orders placed by minors, incomplete ordering procedures or problems with previous orders.
LivWise always confirms the order by email. If no confirmation email is sent, the agreement is not yet in force. The confirmation will be sent to the email address you specified.
LivWise remains the owner of all products until full payment is received for all amounts due under the agreement, regardless of whether or not delivery has already been made.
We use our external partner Mollie to conduct the payment process for all products purchased from LivWise. We accept the following payment methods:
- Credit card
- KBC/CBC Payment Button
- Belfius Direct Net
- SOFORT Banking
LivWise may extend the range of payment options in the future. Any such extension will be announced on the website.
To ensure secure online payment and security of your personal information, transaction data is encrypted using SSL technology when it is sent over the internet. Paying with SSL does not require any special software. Moreover, we guarantee that this connection is secure by using specialist partners, such as recognised credit card issuers and payment partners.
In the event of late payment, LivWise is authorised to terminate the agreement with immediate effect or to suspend delivery until you have completely fulfilled the payment obligations.
The General Terms and Conditions and the confirmation emails are always in the same language as the website.
Article 2: Delivery and Delivery Times
The delivery times specified by LivWise are approximate and are not absolute deadlines.
The final delivery date is 30 days after receipt of the order, with the exception of payment by bank transfer, where the final delivery date is 30 days after receipt of payment.
If you order a product which is temporarily out of stock, you will be notified when the product becomes available again.
Once the products for delivery have been delivered to the specified delivery address, the risk transfers to the buyer.
For deliveries abroad, other conditions may apply.
LivWise delivers to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.
Delivery is made solely by courier unless agreed otherwise prior to the agreement. The contact details of the courier service can be found at www.dpd.com.
Shipping and delivery costs will be communicated to you before confirming your purchase. If the shipment costs cannot be calculated automatically, this will be mentioned and/or an estimate of the shipping costs will be indicated.
Article 3: Product Information
Information, images, verbal communication, notices, etc. relating to all offers and the main features of products as provided by phone or email are given as accurately as possible. LivWise is not liable for its advice, for printing errors on the website or for technical information provided by suppliers or manufacturers.
Product availability is indicated for each product. LivWise is committed to providing this information as accurately as possible, nevertheless it might not be possible to deliver a product at certain times. This can be due to unintentional incorrect stock data or for products that are no longer available from suppliers. In such cases, LivWise will notify you as soon as possible and propose a solution.
The products offered by LivWise comply with the legal standards and may be sold online.
LivWise may include links on its website to other websites that may be interesting or informative for visitors. Such links are for informational purposes only. LivWise is not responsible for the content of the website referred to or the use thereof.
Article 4: Cooling-Off (Trial Period) and Returns
For any product purchased from LivWise, you have a right to withdraw from the sale agreement, pursuant to Article VI.47 of the Belgian Economic Code (Wetboek van economisch recht). The right of withdrawal and therefore cancel the purchase may be exercised within fourteen (14) calendar days of the day after delivery of the product. The consumer is not obliged to pay any compensation or provide any reason for the cancellation. However, LivWise is always keen to hear your feedback, so we can improve our services.
During this period, LivWise expects you to take care of the product(s) and the packaging.
If you wish to exercise the right to withdrawal, you must inform us unequivocally in writing within the set period of 14 calendar days of the day after delivery of the product(s), by sending an email to email@example.com. You can use the sample sale withdrawal form for this purpose, which must be filled in completely and truthfully. Withdrawing from a purchase does not incur any penalty and no reason needs to be provided.
The consumer must return the product(s) to LivWise as soon as he/she wishes to invoke the right of withdrawal, but no later than within fourteen (14) calendar days after announcing the withdrawal. We recommend that you retain proof of postage in case of any disputes. The consumer always bears all costs and risks of returning the product(s).
The costs of returning the product(s) are borne by the consumer in the event of withdrawal if the nature of the product(s) by their very nature cannot be returned by regular post.
Furthermore, the consumer is liable for any depreciation of the product(s) that arises due to any handling of the product(s) beyond what is necessary to determine the nature, characteristics and functioning of the product(s). LivWise is entitled to charge the consumer for the costs of any such depreciation in proportion to the refund amount. However, this will only be done after the initial purchase price has been refunded to the consumer.
LivWise will refund you the full purchase price, excluding shipping and handling, within 30 days of receipt of the products. LivWise will refund the consumer using the same payment method that was used to make the original transaction, unless the consumer expressly requests otherwise. In no case will any costs be charged for the refund.
If the consumer fails to comply with the abovementioned conditions, the exercise of the right of withdrawal will be deemed unlawful. In such case, the product(s) will be returned to the consumer, at the consumer’s own risk and expense. LivWise undertakes to clearly inform the consumer of the reasons for this.
An exception to the above provisions applies if:
a product has been custom-made or modified for you, in which case there is no right to withdrawal.
Article 5: Guarantee Provisions
Products sold by LivWise have a two-year guarantee against any manufacturing defects, valid from the date of purchase and to the extent that the product was used in accordance with the instructions. The receipt or invoice stating the date of purchase counts as the guarantee certificate. This guarantee is limited to the repair or replacement of parts showing defects under normal use.
If products have an expiry date, the guarantee will be valid until the end of the product shelf life, up to a maximum of two years.
Guarantee claims, including the shipping costs you incurred in order to return the product to us, will be borne by LivWise.
Article 6: Defects
You are obliged to inspect the goods immediately after delivery. To this end, you need to check whether the products delivered correspond with the agreement:
Were the right products delivered?
Do the products delivered meet the agreed quality requirements or - in their absence - the requirements that may apply for normal use?
If any visible defect or shortcoming is detected, you must report this to LivWise within 7 working days after delivery.
We must be informed in writing of any non-visible defects within 2 months after discovery, by email to firstname.lastname@example.org.
The cost of returning products that do not meet the description of the offer will be borne by LivWise.
Article 7: Force Majeure
Force majeure is defined as all external causes, foreseen or unforeseen, which are beyond LivWise’s control and which render it unable to fulfil its obligations.
LivWise also has the right to invoke force majeure if the circumstance giving rise to prevention of fulfilment occurs after LivWise should have fulfilled its obligation.
In case of force majeure, delivery and other obligations of LivWise are suspended. If the period in which LivWise is unable to meet its obligations due to force majeure lasts for over 8 weeks, both parties will have the authority to terminate the agreement, without any obligation to pay compensation.
Article 8: Prices
You will be informed of what the prices of the products are before checkout. All prices are expressed in euros and include VAT, Recupel, BEBAT and Reprobel. The following shipment costs are applied separately at checkout: Austria 13.00 | Belgium 12.50 | Bosnia-Herzegovina 23.00 | Bulgaria 21.00 | Czech Republic 14.00 | Denmark 14.00 | Estonia 15.00 | Finland 19.00 | France/Monaco 12.50 | Germany 12.50 | Greece 22.00 | Hungary 14.00 | Ireland 14.00 | Iceland 30.00 | Italy 17.00 | Croatia 21.00 | Latvia 15.00 | Lithuania 15.00 | Luxembourg 12.50 | Netherlands 12.50 | Norway 20.00 | Poland 14.00 | Portugal 15.00 | Romania 23.00 | Serbia 23.00 | Slovakia 14.00 | Slovenia 14.00 | Spain 15.00 | Sweden 16.00 | Switzerland 16.00 | United Kingdom 13.00.
The buyer is liable for the price listed by LivWise in the order confirmation. Any apparent or obvious errors or inaccuracies in the quote may also be subsequently corrected by LivWise after the agreement enters into force. Complaints regarding the price must be submitted clearly in writing within seven (7) calendar days. Payment may not be suspended on the grounds that a complaint has been filed.
LivWise has the right to adjust prices at any time. If the price adjustment is the result of a change to the VAT rate, this will be charged to the customer.
Special offers apply for as long as stocks last.
If a price increase takes effect after the conclusion of the agreement, you may terminate the agreement irrespective of the percentage of the increase.
A personalised quote is valid for 2 weeks, unless another period is stated in the quote.
Article 9: Intellectual Property Rights
All intellectual property rights and any rights derived therefrom concerning products and trade names remain vested in LivWise. These intellectual property rights include copyright, trademark, drawing and design rights and/or other rights, including technical and/or commercial knowledge, methods and concepts, whether patentable or not. It is prohibited to make use of and/or to make changes to the intellectual property rights as described in this article, unless it only concerns personal use of the product itself.
Article 10: Protection of your Personal Data
Article 11: Questions and Complaints
Complaints or disputes must be reported within 7 days of delivery. If the complaint is accepted, our liability is limited to exchanging the products. Any liability of LivWise is limited to the amount actually paid for the order.
LivWise processes questions and complaints within the reasonable period of 7 working days.
Article 12: Disputes
All offers and agreements are exclusively subject to Belgian law, with explicit exclusion of any principles of conflicts of law.
If a dispute arising from offers or agreements you have concluded with LivWise is not resolved, you can contact the consumer ombudsman (http://www.consumentenombudsdienst.be). You can also submit a complaint to the European Commission’s online dispute resolution service (http://ec.europa.eu/odr/)
If a dispute arising from offers or agreements you have concluded with LivWise is not resolved, it will be presented before the competent court in Kortrijk, Belgium, unless mandatory statutory provisions expressly indicate a different court as being competent.
Article 13: Limitation of Liability
The information on the website is of a general nature. It is not adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the user.
LivWise makes every effort to ensure that the information provided is complete, correct, accurate and up to date. Despite these efforts, the information provided may contain errors. If the information provided contains inaccuracies or if certain information is not available on or through the site, LivWise will make every effort to rectify this as soon as possible.
LivWise cannot be held liable for direct or indirect damage arising from use of the information on this site.
If you discover errors in the information provided through the site, you can contact the website’s administrator.
The content of the site (including links) may change or may be amended or supplemented at any time without announcement or notification. LivWise does not guarantee the proper functioning of the website and can in no way be held liable for malfunctions or temporary unavailability of the website or for any damages, direct or indirect, arising from access to or use of the website.
LivWise cannot be held liable, directly or indirectly or specially or otherwise, for any damage resulting from the use of this site or another website, in particular as a result of links or hyperlinks, including without limitation, any loss, interruptions to work, damages to programs or other data on the user’s computer system or to the user’s hardware, software or other equipment.
The website may contain hyperlinks to websites or third party pages or refer to them indirectly. Placing links to these websites or pages does not imply any approval of their contents in any way.
LivWise expressly states that it has no control over the content or other characteristics of these websites and cannot be held liable in any way for the content or features thereof or for any other kind of damage resulting from their use.