What are you Looking for?
SHOPPING CART

No Products in the Cart
TOTAL:
€0,00
VIEW CART
img

title

  • details
qty X
price

General Terms and Conditions of DE BORGHT bv

Last modified: March 28, 2026

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following definitions apply:

  1. Entrepreneur: the natural or legal person who offers products to consumers, whether remotely or not;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Distance contract: a contract whereby, in the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used;
  4. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  6. Day: calendar day;
  7. Force majeure: an unforeseen situation that the entrepreneur cannot or should not have been able to control and that constitutes an insurmountable obstacle to the fulfillment of their obligations.

For the entrepreneur, force majeure includes, but is not limited to, strikes or collective actions, transport difficulties, fire, severe weather conditions, terrorism, riots, epidemics, pandemics, government measures, and operational disruptions, all relating to its own business or that of its suppliers or other third parties involved, which prevent the entrepreneur from fulfilling its obligations (anymore).

  1. Temporary force majeure: an unforeseen situation that is temporary in nature and does not last longer than 12 months;
  2. Permanent force majeure: an unforeseen situation that is permanent in nature. The situation is considered permanent as soon as it lasts longer than 12 months.

ARTICLE 2 – APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every contract, whether remote or not, concluded between the entrepreneur and a consumer.
  2. Before the contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier.
  4. The general terms and conditions can be consulted on the entrepreneur's website.
  5. These general terms and conditions also apply to non-consumers, whether legal entities or not, unless otherwise agreed in writing and explicitly between the parties.
  6. Every order placed online or otherwise implies prior knowledge and explicit acceptance of these general terms and conditions.
  7. These general terms and conditions can only be deviated from in writing through divergent special conditions of the entrepreneur or by stating divergent conditions in an offer or quotation.

ARTICLE 3 – THE OFFER

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated.
  2. The offer contains a complete and accurate description of the products offered, the price, VAT, and any delivery costs. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Images are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Every offer contains the necessary information so that the consumer can clearly estimate their rights and obligations.

ARTICLE 4 – THE AGREEMENT

  1. The agreement is concluded at the moment of acceptance by the consumer of the entrepreneur's offer.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance by the same electronic means.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
  4. The entrepreneur can, within legal limits, ascertain whether the consumer can meet their payment obligations. If the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or to attach special conditions to its execution.

ARTICLE 5 – RIGHT OF WITHDRAWAL

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for 14 days. This period commences on the day after receipt of the product by or on behalf of the consumer.
  2. During this period, the consumer will handle the product and its packaging with care. The consumer will only unpack the product to the extent necessary to assess whether they wish to keep the product.
  3. If the consumer has used the product more than necessary for assessment and thereby caused damage, the consumer will be liable for compensation for the reduction in value.
  4. If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories and in its original condition and packaging, undamaged, to the entrepreneur, in accordance with the instructions provided by the entrepreneur.

The standard withdrawal form can be downloaded via: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf

ARTICLE 6 – COSTS IN CASE OF WITHDRAWAL

  1. If the consumer makes use of their right of withdrawal, the costs of returning the product will be borne by them. If the consumer has damaged the packaging and/or the product, they are obliged to fully compensate for this damage.
  2. If the consumer has paid for delivery, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the entrepreneur has received the returned product or the consumer has demonstrated that the product has been returned (whichever date is earlier), possibly after deduction of any determined reduction in value.

ARTICLE 7 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer before concluding the agreement.
  2. Exclusion is possible for products:
    • that have been manufactured according to the consumer's specifications;
    • that are clearly personal in nature or intended for a specific person;
    • that cannot be returned due to their nature, such as products with natural or fresh materials (dried flowers, Christmas wreaths, Christmas trees, reeds, branches, flower arrangements, funeral bouquets, funeral wreaths, and bouquets);
    • that have been irrevocably mixed with other products after delivery due to their nature;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
  3. Exclusion is also possible for contracts where the consumer has specifically requested the entrepreneur to visit them for urgent repairs or maintenance, provided that it concerns the services requested.

ARTICLE 8 – THE PRICE

  1. During the validity period stated in the offer, prices will not be increased, except as a result of changes in VAT rates, taxes, or supplier rates.
  2. The stated prices include VAT.
  3. In case of a price change, the consumer always has the option to withdraw from the agreement within 14 days after becoming aware of the increase.

ARTICLE 9 – DELIVERY AND EXECUTION

  1. The entrepreneur will always act with due care when processing and executing orders.
  2. The place of delivery is the address that the consumer has provided during the order.
  3. Delivery costs are stated on the website or in the offer and are at the expense of the buyer.
  4. The delivery period is a maximum of 30 days from the order, unless otherwise agreed.
  5. If the product is not in stock or cannot be delivered on time, the entrepreneur will notify this as soon as possible. The consumer then has the choice to wait or agree on a new delivery period.
  6. If the product cannot be delivered on time, the consumer has the right to withdraw from the purchase in writing within 3 days after the notification. In that case, the paid amount will be fully refunded.
  7. If delivery proves to be permanently impossible, the entrepreneur will propose a replacement product. If the consumer does not agree with this, they have the right to withdraw from the purchase in writing within 3 days, and the paid amount will be fully refunded.

ARTICLE 10 – FORCE MAJEURE

  1. If the entrepreneur cannot fulfill its obligations due to force majeure, it will not be liable for this. The entrepreneur will immediately inform the consumer of the force majeure situation.
  2. In case of temporary force majeure, the obligations are suspended until the force majeure situation ends.
  3. In case of permanent force majeure, the consumer is entitled to a voucher equal to the price already paid. If this voucher is not used within 12 months, the consumer acquires the right to demand a refund of the already paid price, without additional compensation or interest.

ARTICLE 11 – PAYMENT

  1. The amounts owed by the consumer must be paid within 14 days after delivery, unless otherwise specified in the offer.
  2. In case of advance payment, the consumer cannot assert any rights regarding the execution of the order before the stipulated payment has been made.
  3. The consumer is obliged to immediately report any irregularities in the payment details.
  4. For any invoice not paid or not paid on time, an interest of 10% per year is due by law and without notice of default. In the event of an unpaid invoice after more than 30 days, a flat-rate compensation of 10% of the price (excl. VAT) is due.
  5. In case of non-payment, the entrepreneur reserves the right to charge reasonable delivery and other costs.
  6. In case of non-payment, any advance payments made will be retained as compensation for possible losses on resale.

ARTICLE 12 – RETENTION OF TITLE

  1. The products to be delivered or delivered to the consumer remain the full property of the entrepreneur as long as the full price, including delivery costs, has not been fully paid by the consumer to the entrepreneur. In case of non-payment, the entrepreneur reserves the right to reclaim the products.

ARTICLE 13 – LEGAL WARRANTY

  1. The entrepreneur is legally obliged to deliver products that conform to the agreement. In accordance with applicable legislation (Directive 2019/771/EU), the consumer is entitled to a legal guarantee of 2 years from the date of delivery.
  2. During the first 12 months after delivery, a defect is presumed to have been present at the time of delivery. After 12 months, the consumer must demonstrate that the defect was present at the time of delivery.
  3. The legal guarantee covers conformity defects, but not: normal wear and tear, damage due to improper use, intentional damage, or defects known to the consumer at the time of purchase.
  4. In the event of a conforming defect, the consumer is entitled to repair or replacement, or - if this is not possible or disproportionately expensive - to a price reduction or termination of the agreement.

ARTICLE 14 – LIABILITY

  1. The entrepreneur cannot be held liable for damages resulting from improper use of the products. The consumer undertakes to carefully read and act according to the information provided by the manufacturer.
  2. The entrepreneur is not liable for products or packaging from manufacturers, nor for any changes made by manufacturers to these, nor for a product being out of stock.
  3. The entrepreneur is only liable for his own demonstrable intentional or serious error, fraud or deceit that has caused demonstrable direct damage to the consumer. He is never liable for indirect damage.
  4. The liability of the entrepreneur cannot be invoked for inconveniences or damages inherent to the use of the internet, such as interruptions, external intruders or computer viruses.

ARTICLE 15 – COMPLAINTS PROCEDURE

  1. Complaints about visible defects or damage upon delivery must be submitted in writing to the entrepreneur as soon as possible and at the latest within 2 months after discovery. For hidden defects, the legal warranty period of 2 years applies (see article 13).
  2. Complaints will be processed and answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within 14 days with an indication of the expected response time.

ARTICLE 16 – ONLINE DISPUTE RESOLUTION

For disputes related to online purchases, consumers can also turn to the European ODR (Online Dispute Resolution) platform: https://ec.europa.eu/consumers/odr

This platform offers the possibility to resolve disputes out of court.

ARTICLE 17 – APPLICABLE LAW AND DISPUTES

  1. Any agreement between the entrepreneur and the consumer shall be governed exclusively by Belgian law, regardless of the consumer's place of residence.
  2. Only the courts of Antwerp, Mechelen division, are competent to hear any disputes.