Terms and Conditions
1. General
1.1 These Terms and Conditions only apply to online orders and not to purchases made in the physical store. In these General Terms and Conditions and elsewhere on the site, 'Belgian Otaku' means VVZRL Belgian Otaku located at the address:
Abdijstraat 2/001
3800 Sint-Truiden
Belgium
E-mail: info@belgianotaku.be
1.2 Belgian Otaku is registered in the Trade Register in Hasselt,
VAT number: BE1002.903.586
Bank account number: BE04 3632 4002 5631
2. Application
2.1 These general terms and conditions apply to all legal relationships in which Belgian Otaku acts as a supplier of products.
2.2 By using the Internet site of Belgian Otaku and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all rights and obligations as stated on the Internet site of Belgian Otaku.
2.3 General Terms and Conditions used by the Buyer do not apply.
2.4 Belgian Otaku reserves the right to change and/or supplement the General Terms and Conditions.
3. Offers
3.1 All offers from Belgian Otaku are without obligation. Offers are subject to the availability of the products. If no longer available, Belgian Otaku has the right to deliver a similar product instead of the ordered product or to dissolve the agreement. Misprints are reserved at all times.
4. Agreement
4.1 The purchase agreement between Belgian Otaku and the Buyer is concluded when the trial period of 14 days after receipt of the order has expired.
4.2 The Buyer and Belgian Otaku expressly agree that by using electronic communication forms a valid agreement is concluded, in particular the absence of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The electronic files of Belgian Otaku apply here as presumption of evidence, to the extent permitted by law.
5. Prices
5.1 All prices are expressed in euros.
5.2 Belgian Otaku cannot be held liable for deviations in prices, images and texts.
5.3 All prices are inclusive of Belgian sales tax and exclusive of other government levies and exclusive of shipping costs.
6. Sales area
6.1 Currently, goods are only delivered to customers within the EU.
7. Delivery and COD costs for products.
7.1 All prices of the products on this site are exclusive of delivery costs. The Buyer is always informed in advance of the shipping costs / price including shipping.
7.2 Shipment by letter post is possible provided the products do not exceed the maximum standard dimensions prescribed by Bpost.
7.3 Parcel post is provided by Bpost.
7.4 If the delivery takes place COD, COD costs will be charged in advance.
8. Delivery and delivery time
8.1 Belgian Otaku delivers the ordered products within 1 to 4 working days (after receipt of payment) to the specified delivery address, if in stock. If not present. For products that are not in stock, delivery times apply as stated in the relevant advertisement for that product.
8.2 The above delivery times are an indication and not a definitive term. Belgian Otaku is never liable for damage as a result of exceeding delivery times.
8.3 Belgian Otaku will arrange for delivery by post or in any other way at the discretion of Belgian Otaku. Ownership of the products is transferred upon delivery if the products have been paid for.
8.4 Belgian Otaku is authorized to make use of third parties in the execution of an agreement with the Buyer.
8.5 If the Buyer has ordered a product that is temporarily out of stock, it will be indicated when this product is available again. Belgian Otaku strives to report this to the Buyer by telephone or email within one working day.
9. Secure payment
9.1 iDEAL (Netherlands): An electronic payment via the Internet.
9.2 Bancontact / Mistercash (Belgium): With Bancontact / Mistercash you can pay for your online purchases in a trusted, safe and easy way.
9.3 DIRECTebanking / SofortÜberweisung (Germany, Belgium, Austria and England): DIRECTebanking / SofortÜberweisung is an online payment system aimed at five countries, namely Germany, Belgium, Switzerland, Austria and England.
9.4 Credit Cards: We accept payment by credit card such as Maestro, Visa, Mastercard and American Express.
10. Complaints, duty to investigate and compliance
10.1 Complaints regarding not receiving (part of) an order must be made within 14 days of receipt of the order confirmation, otherwise the correctness of the order will be established.
10.2 Complaints regarding defects in the products must be made in writing and as soon as possible, but no later than 14 working days after receipt at the delivery address.
10.3 You have the obligation to examine whether the products comply with the agreement upon delivery. If this is not the case, you must notify Belgian Otaku of this in writing as soon as possible and in any case within 14 days after delivery. If it is shown that the products do not comply with the agreement, you have the choice to have the products in question replaced by new products against their return or to have the invoice value refunded.
11. Damage and compensation
11.1 Belgian Otaku can only be held liable for damage that is attributable to its intent or gross negligence, or that is caused by circumstances that are at its risk on the basis of mandatory rules.
11.2 Circumstances that are in any case not at the risk of Belgian Otaku are: illness, import, export and/or transit ban, transport problems, non-compliance with the obligations by suppliers, disruptions in production, etc.
11.3 In addition, it is examined per individual case whether compensation is applicable.
11.4 Belgian Otaku is not responsible for defects, damage, loss and other problems arising during the shipping process where the order has not been received in the condition as sent by Belgian Otaku. For this Belgian Otaku offers the possibility to have your order shipped insured. Orders up to 500 euros are insured.
12. Applicable law/competent court
12.1 Belgian law applies to all legal relationships between Belgian Otaku and the Buyer.
12.2 All disputes that may arise as a result of this agreement or of further agreements that may result from it, will be settled in accordance with the Rules of the Belgian Arbitration Institute or, if Belgian Otaku so chooses, the competent court of the place of residence or place of business of Belgian Otaku or the Buyer. The procedure will be conducted in the Dutch language. The arbitral tribunal decides according to the rules of law.
12.3 The applicability of the Wish Sales Convention is expressly excluded.
13. English text prevails
13.1 The English text of these general terms and conditions prevails over translations thereof.
14. Personal data
14.1 Belgian Otaku will include the information provided by the Buyer in a file. This data will be used for the execution of the Buyer's order and will be kept for as long as is necessary for the handling of any complaints arising from the execution of the order.
14.2 Personal data will be treated confidentially and will not be passed on to third parties.
15. Rights
15.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to products and/or the internet site are vested in Belgian Otaku, its suppliers or other entitled parties.
15.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
15.3 The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of Belgian Otaku, its suppliers or other entitled parties, unless it is purely for private use of the product itself.
15.4 Belgian Otaku has the right to change its return policy and terms and conditions whenever it wants.