Terms and conditions of sale
Dobby Yamada Serra sa (shortened « DYS »)
Tel.: +32 2 512 23 32
Fax: +32 2 513 96 68
Preliminary (only for consumers who purchase online)
The consumer is every natural person who is not acting for purposes relating to his trade, business, craft or profession.
The consumer has the right to inform DYS that he renounces the purchase, without penalty and without giving any reason, within a period of 14 calendar days from the day following the delivery of the good.
However, there are exceptions. For these exceptions we refer to article 6 of the present terms and conditions (see below).
Your access and use of our website www.elak.com, are governed by the present “terms and conditions”. By accessing, browsing and using our website you acknowledge that you have read, understood and accepted, without reserve, these “terms and conditions”, as modified from time to time by us. The purchaser accepts that these terms shall apply, to the exclusion of his own general or specific conditions of sale, even if they would stipulate that only these conditions apply.
Placing an order on the website is considered as an explicit acceptance of our terms and conditions which are always available on the website.
When a consumer orders online, a copy of our terms and conditions, in a format that can be saved or printed, will be provided to him along with the order confirmation or at the latest on delivery.
If we decide to modify our “terms and conditions”, we will post a new dated version on our website. Therefore, we invite you to consult these “terms and conditions” from time to time in order to familiarize yourself with any changes.
All listed prices include VAT and any other taxes to which contribution of the purchaser is required. Shipping charges or handling fees are explicitly mentioned separately during the order process.
The order is complete and the agreement is final once payment is received or the payment transaction by credit or debit cards has been approved by the card issuer. We accept Bancontact/Mister Cash, Paypal, Visa, MasterCard, Maestro, ING Homepay, Giro Pay, iDeal, Belfius, KBC/CBC transfer. If the card issuer refuses to accept the payment, we can not be held responsible for delays in delivery and/or non-delivery of the order. Orders without valid payment on behalf of the registered cardholder will not be accepted or processed.
The goods are transported at the risk of the purchaser, except in the case of a consumer. However, if the carrier runs on behalf of the consumer, and this possibility was not provided by DYS, the risk will rest with the consumer during the transport.
Any visible damage and/or qualitative deficiency to an article or other shortcoming at the delivery must be reported on the delivery note and mentioned within 24h, on penalty of nullity of any law.
All orders will be delivered to the delivery address you specify when placing your order.
DYS does its utmost to ensure deliveries within the agreed delay after receipt of an order.
To be valid, complaints must arrive within 8 days, after reception of your purchase and by registered post. After this period we will not accept any responsibility.
Complaints can be send in writing to:
Dobby Yamada Serra sa
Fax: +32 2 513 96 68
5. Force Majeure
DYScannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
In the event of delay, DYS will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
6. Right of Withdrawal
The provisions of this Article 6 apply only for customers in their function as online purchasers. The purchaser has the right to communicate the seller that he abandons the purchase without penalty and without giving any reason within 14 days from the day following the delivery of the product. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the model withdrawal form.
Model withdrawal form
(complete only if you want to withdraw from this contract)
Dobby Yamada Serra sa
Fax: +32 2 513 96 68
I/We (*) part/parts * hereby give notice that I/we (*) revoke our contract on the sale of the following products/delivery (*) of the following service (*)
Ordered/Received on (*)
Name(s) of the consumer(s) (*)
Address of the consumer(s) (*)
Signature of the consumer(s) (only when this form is submitted on paper)
(*) Delete whichever does not apply or complete as appropriate.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days. We withhold reimbursement until we have received the goods back.
You shall send back the goods or hand them over to us.
The goods must be returned in the original packaging and accompanied by the invoice and the returns form. You will have to bear the direct cost of returning the goods.
The consumer who has purchased goods online does in some cases not have the right to withdraw form the contract. This derogation applies to:
- Offers valid while supplies last,
- Software, ink cartridges, toner cartridges or other goods whose seal is broken or whose packaging is opened, or that are installed or registered,
- Consumable items such as protective film and cleaning fluid (if open),
- Items that can not be exchanged for reasons of hygiene such as earplugs and in-ear headsets (if opened),
- The supply of goods made in accordance with the consumer's specifications or which are clearly intended for a specific person,
- The supply of goods which spoil quickly or with a limited shelf life,
- The supply of sealed goods which are not suitable to be returned due to health protection or hygiene reasons and whose seal has been removed after delivery,
- Redeemed or completed vouchers.
Legal warranty (only for consumers)
Under the Belgian civil law, the consumer has legal rights. Each article is subject to the statutory warranty from the date of purchase of (if applicable, the date of delivery to) the first owner.
This warranty applies to any lack of conformity which exists at the time of delivery and that manifests itself within a period of two years from delivery.
Any commercial guarantee is without prejudice.
Our personal warranty is limited to granting the necessary service in our company. The goods for which a service under warranty is demanded have to be send without additional shipping costs for DYS to our warehouses in their original packaging, at the risk of the purchaser. The validity of the warranty claims is at our discretion. Rejection of the request/complaint shall be made with notification of the motives. In case of unjustified complaints or claims the costs of the examination and/or repair will be charged. The buyer loses the warranty if the material was manipulated or used in any way other than those recommended by the user manual or in any other way than the items are generally treated, also due to the fact of opening, disassembling, replacement components, accessories or other items other than specified by us or authorized persons.
DYS undertakes to use your data exclusively for the implementation of the concluded agreement and to provide free information. Your email address will be passed to the carrier in order to allow a flexible shipping. Your information will be treated confidentially and will never be passed, sold or rent to third parties, unless you have previously given your consent. You can access your information stored in our customer list and correct, change or delete at any time. It is possible to deny DYS to use your details for sending information. It suffices to send a written request to the address above or by mail to firstname.lastname@example.org.
The purchaser will be held responsible for maintaining the confidentiality of their login information and the use of his password. The password is stored encrypted, so DYS has no access to your password.
DYS strictly respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data. You have access via your user profile to the totality of your available information for consultation, modification or deletion.
9. Applicable Law and Forum
The present General Conditions of Sale are governed by the law of Belgium.
The exclusive forum is Brussels.
The fact that the buyer may not have received our terms and conditions in his mother tongue, does not exclude their application on him.
We accept no liability for any direct or indirect damages caused by our products.
Terms and conditions of sale, Dobby Yamada Serra s.a., 1th October 2015