Terms and Conditions

Last update: 28-11-2021

ARTICLE 1: IDENTITY OF THE SELLER

Kupco Consulting BVBA
Langaard 11, 3221 Nieuwrode, Belgium
info(@)woodchuck.be
Telephone: +32 16 53 53 08
VAT number: BE 0836.235.713

ARTICLE 2: APPLICABLIITY AND CONDITIONS

1. Our general terms and conditions of sale apply to every offer from us as a web retailer to you as a consumer.
2. We only deliver in Belgium and the Netherlands. If you enter a delivery address in another country, we can refuse your order.
3. To place an order, you must be at least 18 years old. If you are not 18, we ask you to place the order by your parents or legal guardian. If we notice that and order is placed by a minor, we can refuse this order.
4. Placing an order on the website applies as the express acceptance of our general terms and conditions of sale that are always available via the website.
5. If you order online, we also provide you with a copy of these Terms and Conditions in a format that you can store or print with the order confirmation. We advise you to always do this.
6. If additional special conditions apply in addition to these general terms and conditions, the above also applies to those special conditions. If our Terms and Conditions would be contrary to those special conditions, as a consumer, you can always invoke the most advantageous text in your favor.

ARTICLE 3: OUR OFFER AND YOUR ORDER

1. If an offer has only a limited period of validity or subject to certain conditions, we explicitly state this in our offer.
2. We always describe as completely and accurately as possible what we sell and how the ordering process is going. In any case, the description is sufficiently detailed to allow you to make a good evaluation. If we use images, these are a truthful representation of the goods offered. However, mistaken is human and if we clearly have made a mistake, we are not obliged to deliver to you.
3. Your order is complete and the agreement between us is final as soon as we have send the invoice by email. We only accept payment by bank transfer or cash payment upon delivery (the latter only at the options : "pick-up" and "delivery and installation by Woodchuck").
4. To purchase products:
   1. Add the desired products to your basket;
   2. Enter the form with your personal data;
   3. Choose a deliver option: "Pick up yourself", "Delivery by courier service" or "Delivery and installation by Woodchuck";
   4. Read and accept the sales conditions;
   5. And confirm your order through the "Order" button.
   6. Within 24 hours you will receive an email with the confirmation of your order, the invoice and a delivery proposal.
   7. Answer to the delivery porposal;
   8. Then the delivery follows.

ARTICLE 4: RIGHT OF WITHDRAWAL

1. If you buy goods of serivces with us, you have the right to decide for 14 days from delivery or closing the agreement to decide that you do not want to keep the goods. You can then send your order without payment of a fine and without a statement of reason. The costs for return transport are for you. Within 14 days after we have recovered your order or you have indicated that you want to refrain from the agreement, we will pay you back the full purchase price (minus return transport) with the same payment method with which you have paid.
2. The direct costs of returning the goods are therefore for your account. The costs for collection with our carrier amounts to € 100.
3. During the first 14 days after delivery we expect you to handle the order and packaging carefully. If you want to return the goods as described above, you can only unpack them or use them as needed to be able to assess whether you want to keep it good. If you return the goods, this must be done together with the original packaging, with all supplied accessories and in the original condition and packaging and taking into account our instructions below.
4. To exercise your right of withdrawal, both in the case of delivery of services and delivery of goods quickly and correctly, send an email to info@woodchuck.be. We respond within 24 hours.

ARTICLE 5: THE PRICE

1. The prices are listed in the webshop and are valid when the order button is pressed. We reserve the right to change the prices at all times.

2. Our prices include all taxes, VAT, taxes and services. So you will never be surprised.

ARTICLE 6: CONFORMITY AND WARRANTY

1. Our fireplaces are designed for the pleasant and secure combustion of pure and dry wood. Other materials may not be burned.
2. Working with fire is inherently dangerous at risk of combustion, arson, fire damage. The responsibility lays fully with the user. The user must be of age. We recommend having fire extinguishing equipment available at all times.
3. Woodchuck and Kupco Consulting BVBA are not responsible for personal injury, arson neither fire damage.
4. We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have taken into account the specifications of the product. Of course we also guarantee that our goods meet all laws existing at the time of your order.
5. Moreover, we apply the statutory minimum guarantee period of two years if the product is not in accordance with the placed order. This means that at defects of the product or defects up to 2 years after delivery, we repair the product free of charge, or replace it. To the extent possible and reasonable, you have the choice between repair or replacement. Only if the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period of time, you have the right to demand a price reduction or the dissolution of the sales agreement. If the defect or lack manifests itself within 6 months after delivery, this is considered to have existed for delivery unless we can prove the opposite. After 6 months you will have to prove that the lack was already present during delivery.

ARTICLE 7: PICK-UP, DELIVERY, INSTALLATION

1. With your order you can choose
   1. Pick up yourself: this can only be at our address after an appointment.
   2. Delivery by courier: Delivery with courier service takes place with a truck with tail lift. The products are delivered with a pallet truck on a paved driveway. The courier service only delivers on weekdays between 8 am and 6 pm. A few assembly steps need to take place: eg. unscrewing the stove from the pallat and placing the chimney.
   3. Delivery and installation by Woodchuck: We deliver the stove by appointment and install it including explanation about its use.
2. We will inform you about the delivery period in our order confirmation.
3. If we cannot deliver timely, we always notify you prior to the expiration of the delivery period. If we don't do that, you can refrain from your order free of charge. In that case we refund you within 30 days after decomposition.
4. Our shipments always happen at our risk.
5. If the goods delivered by us were damaged during transport, not correspond to the articles listed on the delivery note or do not correspond to the items you ordered, you must report this as soon as possible and certainly within 3 days. We ask to add photos to the complaint.

ARTICLE 8: DURATION

1. Consumers can cancel an agreement that has been entered into at all times at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
2. An agreement that has been entered for a limited duration has a maximum period of two years.
3. If a goods agreement of certain duration has agreed that the remote agreement will be extended during silence of the consumer, the agreement will continue as an agreement for an indefinite period and the notice period will amount to a maximum of one month after continuing the agreement.
4. When a service agreement has been concluded between the company and the consumer contains a clause to tacit renewal, this clause is placed in bold letters and in a framework of the text, on the front of the first page.
5. This clause states the consequences of the tacit renewal, including the provision of the following paragraph. After the tacit renewal of a limited duration service agreement, the consumer can terminate the agreement at any time without reimbursement subject to the notice period of a maximum of two months.

ARTICLE 9: FORCE MAJEUR

In case of force majeure, we are not obliged to fulfill our obligations. In that case, we can either suspend our obligations for the duration of the force majeure or dissolve the agreement definitively .

Force majeure is every circumstance beyond our will and control that prevents the fulfillment of our obligations wholly or partially. This includes: pandemics, strikes, fire, business disorders, energy disruptions, malfunctions in a (telecommunication) network or connection or communication systems or inavailability of our website, not or non-timely delivery of Suppliers or other third-party engaged, ...

ARTICLE 10: INTELLECTUAL PROPERTY

Our website, technical drawings, logos, texts, photos, names and in general all our communication are protected by intellectual property rights that are either with us or at our suppliers or other beneficiaries.

It is forbidden to make use of and / or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, texts, logos, etc. ... without our preceding and express written permission.

ARTICLE 11: COMPLAINTS AND DISPUTES

1. Of course we always hope that all our customers are 100% satisfied. If you were to have complaints about our services or products, you can contact us via info@woodchuck.be. We do everything to treat your complaint within 7 days.
2. On all agreements that we conclude with our customers, regardless of their place of residence, only Belgian law applies and in disputes only the competent Belgian courts have jurisdiction. If, for reasons of international law, another law applies, the interpretation of current general terms and conditions will be evaluated first to the Belgian law market practices and consumer protection.
3. In the event of an extrajudicial regulation of the dispute, the Consumer Mediation Service of the Belgian Government is competent to receive any application for extrajudicial regulation of consumer disputes. This will in turn handle the application or either forward it to a qualified entity. You can reach the Belgian Consumer Mediation Service via this link: http://www.consumentenombudsdienst.be/en
4. In addition to disputes with a cross-border character, you can also rely on the online Dispute Resolution Platform of the European Union via this link: http://ec.europa.eu/odr