General terms and conditions of use of the B2C online shop
Company data
Nebula Belgium
Vilvoordelaan 80,1930 Zaventem
0474967629
BE0704669267
Nebula Belgium Comm.v RPR Brussel
Article 1: General provisions
The e-commerce website of Nebula Belgium, a Comm.v with registered office at Vilvoordelaan 80, 1930, Zaventem, VAT BE 0704669267, RPR Brussel, (hereinafter "Nebula") offers its customers the possibility to purchase products from its online shop.
These terms and conditions ("terms") apply to any order placed by a visitor to this e-commerce site ("customer"). When placing an order in the online shop, the customer must explicitly accept these terms and conditions, thereby accepting the applicability of these terms and conditions to the exclusion of any other terms and conditions. Additional conditions of the customer are excluded, unless they have been previously, explicitly and in writing, accepted by Steven Van Hout.
Article 2: Prices
All prices quoted are in EURO and always include VAT for customers not logged in to an account. other duties or taxes that the customer is required to pay based on the location the customer orders from are always excluded from the price, displayed on the website.
If delivery, booking or administration fees are charged, these are shown separately.
The price indicated refers exclusively to the items as described word for word. Accompanying photos are for decorative purposes only and may contain elements that are not included in the price.
Article 3: Offer
Although the online catalogue and the e-commerce site are compiled with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer are not binding. Nebula is only bound by the accuracy and completeness of the information provided. Under no circumstances shall Nebula be liable for obvious material errors, printing errors or typing mistakes.
If the customer has specific questions regarding, for example, sizes, colours, availability, delivery time or delivery method, we ask them to contact our customer service in advance.
The offer is always subject to availability and may be changed or withdrawn by Nebula at any time. Nebula shall not be liable for the unavailability of a product. If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.
Article 4: Online purchases
The website ("the Platform") provides retail services to both business-to-consumer (B2C) and business-to-business (B2B) clients. It is herein clarified that, absent authentication via a customer account, the Platform operates under a B2C model and is governed by the applicable B2C legal framework.
To accommodate B2B clients, the Platform offers specialized services through the use of customer accounts, which include, but are not limited to, value-added tax (VAT) exempt pricing and customized pricelists.
Clients are invited to browse the Platform's offerings at their discretion. Upon selection, products may be added to the shopping cart for purchase.
Checkout and payment for products can be completed through various payment methods offered on the Platform. The choice of payment method shall be at the sole discretion of the client.
All orders are subject to acceptance and confirmation by the Platform. Upon receipt of an order, the Platform commits to processing said order within a forty-eight (48) hour timeframe, excluding weekends and public holidays.
Following order processing, delivery will be arranged via FedEx Parcel Service or any other courier service as designated by the Platform. The choice of courier service is subject to change at the Platform's discretion.
The Customer can choose between the following payment methods (
· by credit card
· by debit card
· by wallet (apple pay, google pay, link, paypal)
· by Ideal
· by Klarna
Nebula shall be entitled to refuse an order due to a serious breach of duty by the customer with regard to orders involving the customer.
Article 5: Delivery and performance of the agreement
All orders are subject to acceptance and confirmation by the Platform. Upon receipt of an order, the Platform commits to processing said order within a forty-eight (48) hour timeframe, excluding weekends and public holidays.
Following order processing, delivery will be arranged via FedEx Parcel Service or any other courier service as designated by the Platform. The choice of courier service is subject to change at the Platform's discretion.
Unless otherwise agreed or expressly provided for, the goods shall be delivered to the customer's domicile within 30 days of receipt of the order.
Any visible damage and/or quality defect of an item or any other defect of the delivery must be reported by the customer to Nebula without delay.
The risk of loss or damage passes to the customer as soon as the customer (or a third party designated by the customer and not being the carrier) takes physical possession of the goods. However, the risk is already transferred to the customer when the goods are handed over to the carrier, if the carrier has been instructed by the customer to transport the goods and this choice has not been offered by Nebula.
Article 6: Reservation of ownership
The delivered items remain the exclusive property of Nebula until full payment by the customer.
The Customer undertakes, if necessary, to inform third parties of the reservation of ownership of Nebula, for example to any person who comes to seize items that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who, in their capacity as consumers, purchase items online from Nebula.
If the right of withdrawal applies :
The customer has the right to withdraw from the contract within 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on the date on which the customer or a third party designated by the customer and other than the carrier takes physical possession of the last good
In order to exercise the right of withdrawal, the Customer must inform Nebula by sending an email to sales@nebulabelgium.com of his decision to withdraw from the contract by an unequivocal statement (e.g. a written letter sent by post, fax or e-mail). The customer may use the enclosed model withdrawal form for this purpose, but is not obliged to do so.
In order to comply with the withdrawal period, the Customer must send his communication concerning the exercise of his right of withdrawal before the expiration of the withdrawal period.
The Customer shall return the goods or hand them over to nebula belgium, bredabaan 740,2930 Brasschaat, Belgium. without undue delay and in any event not later than 14 calendar days from the day on which he communicates his decision to withdraw from the contract to Nebula Belgium The customer is in good time if he returns the goods before the expiry of the 14 calendar day period.
The direct costs of returning the goods shall be borne by the customer.
If the returned product has lost value in any way, Nebula reserves the right to hold the Customer responsible and to claim damages for any loss of value of the good resulting from the Customer's use of the good beyond what is necessary to establish the nature, characteristics and functioning of the good.
Only items that are in their original packaging, with all accessories, instructions and invoice or proof of purchase can be returned.
If the customer withdraws from the contract, Nebula shall refund all payments received from the customer up to that point, including standard delivery charges, within a maximum of 14 calendar days after Nebula has been informed of the customer's decision to withdraw from the contract. In the case of sales contracts, Nebula may wait for the refund until it has received all the goods back or until the customer has proved that they have returned the goods, whichever is the earlier
Additional costs resulting from the customer's choice of a delivery method other than the cheapest standard delivery offered by Nebula will not be refunded.
Nebula will refund the Customer using the same payment method with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refund.
If the right of withdrawal does not apply, please indicate the reason on the basis of the following categories:
The customer may not exercise the right of withdrawal for :
· the delivery of goods that are manufactured to the customer's specifications or that are clearly intended for a specific person;
· the supply of goods that spoil quickly or have a limited shelf life;
· the supply of goods which, after delivery, are by their nature irrevocably mixed with other products;
· the supply of digital content which is not provided on a tangible medium, if performance has begun with the customer's prior express consent and provided that the customer has acknowledged that he thereby loses his right of withdrawal (e.g. downloading music, software);
Article 8: Guarantee
Under the law of 21 September 2004 on consumer protection in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the guarantee, 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 Nebula customer service and return the item to Nebula at his or her own expense.
If a defect is found, the customer must inform Nebula as soon as possible. In any case, all defects must be reported by the customer within 2 months of their discovery. After that, any right to repair or replacement shall lapse.
The (commercial and/or legal) guarantee never applies to defects caused by accidents, negligence, falls, use of the article contrary to the purpose for which it was designed, failure to follow the instructions for use or the manual, alterations or modifications to the article, intensive use, poor maintenance or any other abnormal or incorrect use.
Defects that become apparent after a period of 6 months from the date of purchase, or delivery as the case may be, shall not be considered hidden defects, unless the Customer can prove otherwise.
Article 9: Customer service
The customer service of nebula is available on the following telephone number +32 474 96 76 29, by e-mail at sales@nebulabelgium.com or by post at the following address vilvoordelaan 80,1930 zaventem, Belgium. Complaints can be sent to this address.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights available to Nebula, in the event of non-payment or late payment, the Customer shall be liable, ipso jure and without prior notice, to pay interest of 10% per annum on the unpaid amount as from the date of default. In addition, the Customer shall be liable, ipso jure and without prior notice, to pay a fixed compensation of 10% of the amount in question, with a minimum of EUR 25 per invoice.
Without prejudice to the above, nebula reserves the right to take back items that have not been paid for (in full).
Article 11: Privacy
The controller, Nebula, complies with the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
The personal data you provide will only be used for the following purposes:
**Collection and Internal Use**: The Platform recognizes the importance of privacy and the protection of personal data. Personal data provided by clients during the use of the Platform, including but not limited to account creation, transaction processing, and customer service inquiries, will be collected and used primarily for the purpose of executing and improving the services offered. This encompasses order fulfillment, payment processing, and the facilitation of customer service.
**Marketing Purposes**: With the explicit consent of the client, personal data may also be utilized to inform clients about promotional offers, product updates, and services that may be of interest. Consent for such use can be withdrawn by the client at any time, following which the client will no longer receive marketing communications.
**Newsletters**: Subscription to the Platform’s newsletters is voluntary and requires explicit consent from the client. Newsletters provide curated content, including but not limited to, industry insights, special offers, and updates about new products or services. Clients have the right to unsubscribe from the newsletter service at any time through the unsubscribe link provided in each newsletter or by contacting customer service directly.
**Data Protection**: The Platform commits to adhering to applicable data protection laws and regulations, ensuring the confidentiality, integrity, and availability of personal data. Measures are in place to prevent unauthorized access, use, alteration, or destruction of personal data.
You have a legal right to access and rectify your personal data. Provided that you can prove your identity (copy of your identity card), you can obtain free of charge, by sending a written, dated and signed request to Nebula the written communication of your personal data. If necessary, you may also request the correction of data that is incorrect, incomplete or irrelevant.
In case of use of data for direct marketing purposes: you can object, free of charge, to the use of your data for direct marketing purposes. For this purpose, you can always contact Nebula
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for the confidentiality of his login data and the use of his password. Your password is stored in encrypted form, Nebula does not have access to your password.
Nebula keeps (anonymous) online statistics on visitors so that we can see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, please contact us at sales@nebulabelgium.com.
Article 12: Use of cookies
During a visit to the site, "cookies" may be placed on your computer's hard drive. A cookie is a text file that is placed by a website's server in your computer's browser or on your mobile device when you visit a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
You can configure your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is set or that cookies are subsequently deleted from your hard drive. You can do this via your browser settings (via the help function). Please note, however, that some graphical elements may not appear correctly or you may not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Infringement of validity - non-waiver
If any provision of these Terms is held to be invalid, illegal or void, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
The failure of nebula to assert at any time any of the rights listed in these Terms, or to exercise any of them, shall not be construed as a waiver of such provision and shall not affect the validity of such rights.
Article 14: Modification of the general conditions
These general terms and conditions are supplemented by other terms and conditions to which reference is expressly made, as well as by the general terms and conditions of sale of nebula. In case of contradiction, these general terms and conditions shall prevail.
Article 15: Evidence
The customer agrees that electronic communications and backups may be used as evidence.
Article 16: Applicable law - Disputes
Belgian law is applicable, with the exception of the provisions of private international law relating to applicable law.
In the event of a dispute, the courts of the consumer's place of residence have jurisdiction. The consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).