Legal docs

General Terms & Conditions
User Agreement

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TABLE OF CONTENTS

1 Applicability, Conditions & Utilization of the site
2 Our offer and your order
3 Right of withdrawal & Return Policy
4 Prices and payment
5 Conformity and Warranty
6 Delivery and Execution
7 Force Majeure
8 Intellectual Property
9 Complaints procedure & Conflicts
10 Disclaimer
11 Important Notice
12 Company Information

issued Feb.2017

1. Applicability, Conditions & Utilization of the Site

1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market). By using or purchasing any product through this site, you agree to the collection and use of information as set forth in these General Terms & Conditions. If you do not agree to this policy, please do not use the site. We may update this policy at our discretion and the most recent version shall be posted on this page immediately.
2. To be able to place an order, you must be above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
3. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
4. You can download our General Terms & Conditions in a format that you can save or print. We moreover recommend that you always do this.
2. our offer and your order

1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
We always describe as complete and accurate as possible what we sell to you, however, the nature of these works is very difficult to represent exactly as they are in reality through pictures and movies on the net. Please use the different viewing examples thru the ‘presence’ button and the photographs on the site. Please ask us any further questions about our products that can be of help to you in the decision making of your purchase. We will be back to you a.s.a.p with the best possible answer. For info and questions about plum5-products, please use our contactpage. (inquiries@plum5.be)
2. Plum5 is responsible for the accuracy in describing and pricing the Items on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Plum5 has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
3. Your order is complete and the contract between us is final once we confirm your order by email (marked as DEFINITIVE FINAL CONFIRMATION-EMAIL) using the link to pay the full advance payment of product and shipping costs. We accept Visa, Mastercard, PayPal, AmericanExpress,Maestro. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
4. In order to purchase a product, you add it to your shopping cart. Afterwards you submit your contact details and billing data. In the next step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Order&Pay’ button.
5. Once PLUM5 has received the full advance payment of your purchase plus shipping costs, production will start.
6. Production plus delivery will take up 4 to 6 weeks. If any delays occur, PLUM5 will keep you informed by email. (See also ch.6)

3. Right of withdrawal & return policy

1. When you buy goods from us, you have the right to decide to cancel your order within 14 calendar days from the day on which you received our item(s). You must inform us in writing within these 14 days of this cancellation using our ‘Model Withdrawal Form’ (hereafter MWF). You can then return your order without penalty and without giving any reason. The cost hereof is to be paid by you. Within 14 days after reception of your returned order (in its original and undamaged state) and your indication that you wish to forego the agreement using our MWF, we will pay you back the full purchase price. Means of payment will be agreed by email.
2. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance.
3. We refuse repayment as long as we have not received the returned goods or when the returned goods are damaged.
4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wish to retain them. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
5. We prefer you return your package through courier rather than post.
6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you must fill out the form (MWF) below and sent it to purchase@plum5.be. We will send you an acknowledgement of your withdrawal by email.

Important Note : After signing for delivery, PLUM5’s responsibility for the products ends.

4. Prices and payment

1. Currency is only in euros throughout the Site.
2. Buyers within Belgium : 21%VAT is applicable and is inclusive.
3. For all other countries outside Belgium :
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, “Taxes”). It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into any other country.
4. No custom order will go into production without full advance payment. Please allow 3 to 5 weeks for your order to be completed prior to shipment.
5. We only accept advance payment through our website using the payment methods indicated on the site. Plum5 receives online payments via Mollie Payments B.V..
6. In order to guarantee safe online payment and the safety of your personal data, Plum5.be relies on the security provided by Mollie B.V.
Industry standards of Mollie : PCI DSS-certified and data-protection supervised by NOC-team. For more info, please visit the Mollie.com website.

5. Conformity and Warranty

1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
2. Important Note : After signing for delivery, PLUM5’s responsibility for the products ends.
3. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the replacement of goods showing a defect covered by the statutory warranty.
4. In all cases when you call upon the guarantee during the 2 year warranty, you have to prove that the defects in the goods are not caused by abnormal use and you are obliged to insert unprocessed raw-image files that clearly show the nature of the defects in order for us to determine the state of the goods and to be able to establish the cause of the defect.
6. Delivery and execution

1. All goods are delivered to the address provided by you during ordering through professional courier service according to legal standards.
2. Shipment will take place after the finalizing of the productionprocess.
3. An email will be sent to you when production is finished and your PLUM5-item has shipped.
4. Please allow 4 to 6 weeks for production, shipping and delivery.
5. If we are not able to deliver on time, we will always notify you THROUGH EMAIL before the end of the 6th week. If we do not, you can cancel your order for free within the first 5 days counting from the last day of the 6th week. In that case we will refund you within 30 days after annulment of the agreement.
6. The shipment of goods for delivery is always at our risk. So you do not have to worry about goods lost during transportation.
7. If the delivered goods were damaged during transport or do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days from delivery. Subsequently you have to send the goods back within 14 calendar days after delivery.
8. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.
9. Important Note : After signing for delivery, PLUM5’s responsibility for the products ends.
7. Force majeure

1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

8. Intellectual property

1. Rights concerning the works :
the rights of representation and of reproduction of the works presented on the site plum5.be, belongs to Plum5. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.
2. Intellectual property right : our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs, names, texts, logos, colour combinations, etc. …without our prior written and explicit consent. Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of Plum5.

9. Complaints procedure and conflicts

1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at inquiries@plum5.be. We will do the utmost to deal with your complaint within 7 days.
2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.
10. Disclaimer

1. Plum5.be makes every effort to provide accurate descriptions of the condition and quality (visual & literal) of everything listed on this website. All information is believed to be complete and reliable, but not guaranteed. No warranty is given or implied regarding the longevity or durability of any item sold. Image stability is guaranteed in normal living & handling conditions. Follow guidelines below.
2. Do not bring your plum5 product in direct contact with water and/or fire. Plum5products are not waterproof.
Do not bring your item in direct contact with harsh elements of nature, salty sea air, extreme humidity, temperatures below zero or very high temperatures, rain, fire, …and other situations besides normal indoor situations.
Do not hang in extreme humidity or extreme drought . Also avoid hanging in direct sunlight and/or bright spotlights.
Do not touch your plum5 product with sharp objects (i.e.knife, scissors,..) or highpressure tools.
Do not use any chemical cleaning products or detergents to clean your plum5 product. Only use soft, dry and chemical-free microfiber cloth to dust and do not use pressure while gently rubbing it’s surface.
11. IMPORTANT NOTICE

1. Please allow 4 to 6 weeks for production & delivery.

2. Prices include 21% VAT according to Belgian law.

3. Shipments outside Belgium may be subject to import duties and taxes, which are the sole responsibility of the recipient. Contact your respective customs office for further information about specific duties and taxes for your country.

4. Return policy : items can be returned within 14 days of delivery.
12. COMPANY INFORMATION

PLUM5 is a sole proprietor under Belgian law with registered office in Belgium. VAT-number BE0788.111.142
Company account number BE95 7360 1448 1558
You can contact PLUM5 by email : inquiries@plum5.be
The responsible editor of this site is PLUM5.be
PLUM5, Regentiestraat 1, 9100 Sint-Niklaas, Belgium +32-3.7666933

Disclaimer

Download PDF here

Plum5.be makes every effort to provide accurate descriptions of the condition and quality (visual & literal) of everything listed on this website. All information is believed to be complete and reliable, but not guaranteed. No warranty is given or implied regarding the longevity or durability of any item sold.
Image stability is guaranteed in normal living & handling conditions. Follow guidelines below:
Do not bring your plum5 product in direct contact with water and/or fire. Plum5 products are not waterproof.
Do not bring your item in direct contact with harsh elements of nature, salty sea air, extreme humidity, temperatures below zero or very high temperatures, rain, fire, …and other situations besides normal indoor situations.
Do not hang in extreme humidity or extreme drought . Also avoid hanging in direct sunlight or bright spotlights.
Do not touch your plum5 product with sharp objects (i.e. knife, scissors,..) or high-pressure tools.
Do not use any chemical cleaning products or detergents to clean your plum5 product. Only use soft, dry and chemical-free microfiber cloth to dust and do not use pressure while gently rubbing it’s surface.

Privacy Policy

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The plum5.be website (“Site”) is owned and operated by plum5, Inc.. This Privacy Policy describes how information is collected from you and subsequently used, shared, secured and otherwise processed by Plum5. This Privacy Policy is part of our plum5.be/legal.
1. Effective date and updates to our Policy.
This Privacy policy is effective as of January 1st, 2017.
We may decide to change this policy from time to time in order to address new issues and reflect changes to our site. We will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose that information to anyone. We encourage you to review this page periodically for the latest information on our privacy policy.

2. The Information We Collect and How We Use It
In general, you can visit plum5.be without telling us who you are or revealing any information about yourself. However, if you request information from us through our ‘Contact Us’- page, or disclose information in any other way to us we will retain the information that you provide.
We limit our collection of you personal information to what is necessary to make the experience of using our site enjoyable and rewarding for you.
We may collect the following information from you:

• Contact information (such as name, email address, mailing address, and phone number)
• Website account information (such as user name and password)
• Payment details (such as credit card number, and billing address)
• Preferences (such as product interests, order history, and marketing preferences)
• Demographic information (such as age, date of birth, and gender)
• Information you provide by interacting with us through social media

Please note, however, that like most every website we have the ability to automatically gather information about your computer, such as the IP address, type of device, browser and operating system, date and time of visit and referring and exit sites.
The information we obtain is not used to track individuals, but rather to help us develop and improve the site, customize your online experience, communicate with you about products, services and events that may be of interest to you, and for other promotional and advertising purposes.

More particularly, we may use the information we obtain about you to:

• Fulfill your order (including processing payment, confirming your order, arranging shipping and handling, and contacting you about you order.
• Register and administer your account
• Provide products, services or information you request
• Respond to your questions and comments and provide customer support
• Communicate with you about our products, services, offers, events and promotions
• Enable you to communicate with us, including through social media.
• Conduct, analyze and improve our business and marketing and the products and services we offer
• Prevent unauthorized transactions, claims or other fraud or liabilities
• Comply with applicable law and our policies

Once your offer is submitted, your order will be placed. We will ask you to provide credit card or other payment details as well as shipping information for orders. Once your order is confirmed you irrevocably authorize the charging to your credit card or other payment mechanism for the purchase. We also collect information from Site visitors that does not personally identify themselves. Information that is collected in aggregate form includes browser type (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address and Internet domain (e.g. AOL, Hotmail).

Sharing Your Information
We do not sell your personal information to anyone. We may share your personal information with third parties only as set out in this privacy notice.
We may provide your personal information to certain of our service providers in order to operate our business and this site. For example, we may need to rely on such service providers to deliver your order or offer you customer support. These service providers are not authorized to use or disclose your personal information except to the extent necessary to perform such services on our behalf or to comply with legal requirements.

3. Children’s Privacy
Plum5.be is not designed nor intended to be attractive to use by children under the age of 12. Our Terms of Use require that users must be 18 years old or older in order to register on our Site and purchase our products. If you are under the age of 18 please do not submit any information to us.

4. Plum5.be uses cookies.
Cookies are small text files that our Site places on your browser to enable our system to recognize your computer and allow us to see how you use our site.
The cookies we use on our Site include:
Session cookies : These temporary cookies expire and are automatically erased whenever you close your browser window. We use session cookies to grant our users access to content and to enable actions they must be logged in to do.
Persistent cookies : These usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We use persistent cookies to better understand usage patterns so we can improve the site for our customers. For example, we may use a persistent cookie to associate you with your user account or to remember that your choices on the Site, but this only works when cookies on our site are enabled.
Third party cookies : We permit limited third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you. . For example, we utilize Google Analytics to analyze usage patterns of the Site. Google Analytics generates a cookie to capture information about your use of the Site which Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify their cookie, but this will not be associated with any other data held by Google.
We may also permit third party service providers to place cookies through our Site, as indicated above, to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.
Your use of our Site will be deemed to be your consent to the placement of cookies on your computer or other device. If you prefer not to receive cookies through our Site, you can set your browser to either reject all cookies, to allow only “trusted” websites to set them, or to accept only those cookies from those sites you are currently on. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site and use it.
If you refuse cookies, this will limit system performance and may even cause certain features of the Site to malfunction or not to work at all.

PRIVACY POLICY Contact:
Please email us at inquiries@plum5.be for any product, customer service or webstore related questions.

Company Information:
PLUM5 is a sole proprietor under Belgian law with registered office in Belgium. VAT-number BE0788.111.142
Company account number BE95 7360 1448 1558
The responsible editor of this site is PLUM5.be
PLUM5, Regentiestraat 1, 9100 Sint-Niklaas, Belgium +32-3.7666933

Important notice

Download PDF here

Please allow 4 to 6 weeks for production & delivery.

Prices include 21% VAT according to Belgian law.

Shipments outside Belgium may be subject to import duties and taxes, which are the sole responsibility of the recipient. Contact your respective customs office for further information about specific duties and taxes for your country.

Return policy: items can be returned within 14 days of delivery.