Terms and Conditions

Company data

EMP BV
Steenberg 52
3460 BEKKEVOORT
Telephone: +32 (0)456 37 11 12
VAT: BE 0766.429.266
Account no.: BE73 7340 5122 1160
BIC: KREDBEBB

Article 1: General provisions
The e-commerce website Evolver Media Productions BV (EMP BV for short), with registered office in Bekkevoort, offers its customers the opportunity to purchase the products from its webshop online. These Terms and Conditions (“Terms”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of EMP BV, the Customer must expressly accept these Terms and Conditions, by which he agrees to the applicability under these Terms and Conditions, to the exclusion of all other terms and conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by EMP BV.

Article 2: Price
All stated prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer. For shipments outside Europe, the Customer is responsible for any customs fees, additional costs & taxes associated with receiving goods from Europe. If delivery, reservation or administrative costs are charged, this will be stated separately. The stated delivery costs are valid for shipments within Europe. Additional costs may be charged for shipments outside Europe. These costs must be calculated and borne by the Customer itself. The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.

Article 3: Offer
Although the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind EMP BV. EMP BV is only bound by an obligation of means with regard to the correctness and completeness of the information provided. EMP BV is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance via the contact form.

The offer is always valid as long as stocks last and can always be adjusted or withdrawn by EMP BV. EMP BV cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases.

Article 4.1: Order procedure

To order a product online, the Customer must add it to his shopping cart. The Customer then chooses a delivery method, enters his customer details and chooses the payment method. To complete the order, the Customer must click on the ‘pay’ button and he will be redirected to the payment page. In case of payment by bank transfer, the Customer is requested to transfer the amount to be paid to account number BE73 7340 5122 1160.

The order is only placed upon receipt of the confirmation email. In case of payment by bank transfer, the order will only be processed when the money has appeared on the account of EMP BV.

EMP BV reserves the right to request additional information from the Customer and, failing this, to refuse the execution of the order. Orders showing that the buyer intends to resell the products can be refused by EMP BV. An order can also be refused if, despite the great care that EMP BV devotes to the correctness of the data, it appears that an obvious mistake has been made in the description of the product or the price indication on the website.

In case of force majeure, EMP BV can suspend its obligations for the duration of the force majeure or dissolve the agreement definitively.

Article 4.2: Payment methods

The Customer has the choice between the following payment methods:

• via Paypal (additional costs possible)

• via bank card (online banking)

• by bank transfer to account number IBAN: BE73 7340 5122 1160 / BIC: KREDBEBB

EMP BV is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

As soon as the sale is complete, EMP BV will pack the ordered goods and offer them to Bpost (or an alternative supplier such as UPS, DPD or Post NL) for shipment. Items are delivered to the countries listed in our terms of delivery. The delivery is done by Bpost (or an alternative supplier such as UPS, DPD or Post NL). An overview of all costs can be found in the terms of delivery.

Unless otherwise agreed or expressly stated otherwise, the goods will be delivered to the place of residence of the Customer within 30 days of receipt of the order.

Any visible damage and/or qualitative shortcoming of an article or other shortcoming in partial delivery must be reported immediately to EMP BV by the Customer.

The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by EMP BV.

Article 6: Retention of title

The delivered articles remain the exclusive property of EMP BV until full payment by the Customer. The Customer undertakes, if necessary, to inform third parties of EMP BV’s retention of title, e.g. to anyone who would seize items that have not yet been fully paid for.

Article 7: Right of withdrawal

The provisions of this article only apply to Customers who purchase articles online from EMP BV in their capacity as consumers.

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.

To exercise the right of withdrawal, the Customer must inform EMP BV of its decision to withdraw from the agreement by means of an unequivocal statement (e.g. in writing by post or e-mail). The Customer can use the model withdrawal form for this, but is not obliged to do so.

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to EMP BV, Steenberg 52, 3460 Bekkevoort immediately, but in any case no later than 14 calendar days after the day on which it communicated its decision to withdraw from the agreement to EMP BV. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Customer.

If the returned product has diminished in value in any way, EMP BV reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods resulting from the use of the goods by the Customer. beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only articles that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.

If the Customer revokes the agreement, EMP BV will refund all payments received from the Customer up to that point, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after EMP BV has been informed of the Customer’s decision to withdraw the cancel the agreement. In the case of sales agreements, EMP BV can wait with the refund until it has received all the goods back, or until the Customer has demonstrated that it has returned the goods, whichever comes first.

Any additional costs resulting from the choice of the Customer for a different method of delivery than the cheapest standard delivery offered by EMP BV will not be refunded.

EMP BV will refund the Customer with the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.

Article 8: Warranty

Under the law of 21 September 2004 on the protection of consumers when selling 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.

To invoke the warranty, the Customer must be able to present proof of purchase. The Customer is advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer must contact EMP BV customer service and return the item to EMP BV at its expense.

If a defect is established, the Customer must inform EMP BV as soon as possible. In any case, any defect must be reported within a period of time of 2 months after its determination to be reported by the Customer. Afterwards, any right to repair or replacement will lapse.

The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.

Article 9: Customer Service

EMP BV’s customer service can be reached at the telephone number mentioned above, via e-mail or via the contact form on this website. Any complaints can be directed to this.

Article 10: Penalties for non-payment

Without prejudice to the exercise of other rights that EMP BV has, in the event of non-payment or late payment from the date of the breach of contract, the Client owes interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, EMP BV reserves the right to take back the not (fully) paid items.

Article 11: Privacy

The personal data provided by you will only be used for the following purposes: processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to EMP BV, dj@bassq.com. If necessary, you can also request that data be corrected if it is incorrect, incomplete or irrelevant.

In case of using data for direct marketing: you can oppose the use of your data for direct marketing free of charge. To this end, you can always contact EMP BV, info@empbv.be.

We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.

The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored in encrypted form, so EMP BV has no access to your password.

EMP BV keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited and to what extent.

If you have any questions about this privacy statement, you can contact us via our website.

Article 12: Use of cookies

During a visit to the site, ‘cookies’ may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

EMP BV uses two types of cookies:

‘First party cookies’ are technical cookies that are used by the visited site itself and that aim to make the site function optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.

‘Third Party cookies’ are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. Eg. cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission – this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not prevent further browsing on the website.

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Affected validity – non-renunciation

If any provision of these Terms is declared invalid, illegal or void, this will not in any way affect the validity, legality and applicability of the other provisions.

Failure to any moment by EMP BV to enforce any of the rights listed under these Terms, or to exercise any right thereof, will never be regarded as a waiver of such provision and will never affect the validity of these rights.

Article 14: Change of conditions

These Conditions are supplemented by other conditions to which explicit reference is made, and the general terms and conditions of sale of EMP BV. In the event of any conflict, these Terms will prevail.

Article 15: Evidence

The Customer accepts that electronic communications and back-ups can serve as evidence.

Article 16: Applicable law – Disputes

Belgian law applies, except the provisions of private international law regarding applicable law. The courts of the Consumer’s place of residence are competent in legal disputes.