Terms and conditions
Flamant Design NV,
Diebeke 33, 9500 Geraardsbergen – Belgium
Phone: +32 (0)54 41 54 75
Article 1: General Provisions
The e-commerce website of Flamant Design NV, a public limited liability company with registered office at Diebeke 33, 9500 Geraardsbergen, BTW BE 0439.714.163 (hereinafter 'Flamant') offers its Customers the opportunity to purchase products from its online shop.
These General Terms and Conditions of Sale (hereinafter: 'Terms') apply to any order placed by a visitor to this e-commerce website (hereinafter: 'Customer'). When placing an order via Flamant's online shop, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, to the exclusion of any and all other terms and conditions. Any additional terms and conditions put forward by the Customer are excluded, unless they were explicitly accepted in writing by Flamant beforehand.
Article 2: Price
All prices mentioned are expressed in euros, always including VAT and any other taxes or duties to be borne by the Customer.
If delivery fees, reservation fees or administrative fees are charged, these will be mentioned separately.
Prices mentioned refer exclusively to the items as described in the accompanying text. The images are for decorative purposes only and may contain elements that are not included in the price.
Discounts and promotions do not apply retroactively, are not exchangeable for cash, are not valid in combination with other promotions, and do not apply to Flamant Paint, wallpaper, books, curtains, fabrics and house numbers.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the utmost 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 are not binding for Flamant. Regarding the correctness and completeness of the information provided, Flamant is only bound by an obligation of means. Under no circumstances will Flamant be liable in the event of manifest material, typesetting or printing errors.
If the Customer has specific questions about such aspects as product size, colour, availability, delivery time or delivery method, the Customer is asked to contact our Customer Service in advance.
Offers are only valid as long as stocks last, and may be adjusted or withdrawn by Flamant at any time. Flamant cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online Purchases
Once the Customer has finished shopping and has added all desired items to their shopping cart, the next step involves completing the purchase process and making the payment. In order to do this, the Customer takes the following steps:
- Go to the 'Cart' page.
- Click on the 'Checkout' button.
- Verify or complete the contact details, order details, delivery address and billing address.
- Select a shipping method.
- Click on the 'Proceed to payment' button.
- Choose a payment method and tick the box next to 'I agree with the terms & conditions of Flamant'.
- Check the order.
- Click on 'Place your order'.
- Fill in the details required for the chosen payment method, and make the payment.
We accept a wide range of payment methods, depending on the country. Payments are secured by Ingenico. Internationally, we accept: iDEAL (The Netherlands), MasterCard, Visa and Maestro. If you choose to pay by credit card, the amount will be debited from your card immediately after your confirmation of payment.
For our Belgian Customers, we also accept Bancontact, KBC/CBC online, Belfius Direct Banking and ING Home Pay.
In order to minimise the possibility of unauthorised access, credit card data will be encrypted. Payment authorisation must be given at the time the order is dispatched.
Credit cards are subject to validity checks. If the credit card company does not authorise the payment to us, we will not be liable for any delay or non-delivery, and we may not be able to enter into a contract with the Customer.
Flamant is entitled to refuse an order as a result of a serious failure on the part of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and Execution of the Agreement
Items ordered through this e-commerce website can be delivered to the following Member States of the European Union: Belgium, The Netherlands, Germany, France, Luxembourg, and Italy.
Delivery can take place in different ways, depending on the size of the products included in the order: delivery by bpost, delivery to a Flamant store, or delivery to the Customer's home (carried out by Flamant or third parties).
Delivery by bpost
Subject to availability, we will endeavour to deliver the products as listed on the Order Confirmation within 15 working days from the date of the Order Confirmation, unless exceptional circumstances arise.
Delivery to a Flamant store
Subject to availability, we will endeavour to deliver the products as listed on the Order Confirmation within 25 working days from the date of the Order Confirmation, unless exceptional circumstances arise.
If desired, smaller items can be picked up at no additional cost in one of our stores. In-store pick-up is available at Flamant Aix-en-Provence, Flamant Brussels, Flamant Paris, Flamant Sint-Martens-Latem and Flamant Sint-Genesius-Rode. Customers who opt for in-store pick-up will be asked to select a store. Our sales team will inform the Customer as soon as the order has arrived in the store.
Free of charge
In-store pick-up not available
All products sold on https://shop.flamant.com can be delivered to the Customer's home. For home delivery, the following conditions and rates apply:
Weight < 30 kg
Largest side < 150 cm
Sum of the length: 2x the width + 2x the height = no more than 300 cm
Weight > 30 kg
Free shipping in Belgium for any order of €50 or more. For orders under €50, shipping is €4.95.
Free shipping in Germany, France, Luxembourg, Italy and The Netherlands for any order of €100 or more. For orders under €100, shipping is €9.95.
BELGIUM, LUXEMBOURG AND THE NETHERLANDS
FRANCE, ITALY AND GERMANY
Free shipping for any order of €2000 or more.
Contact our Customer Service.
Contact our Customer Service.
White Glove Delivery
This is our 'worry-free' option. Items are delivered, unpacked and installed* at the delivery address, on the floor and in the room chosen by the Customer. Our two-person delivery crew will remove all packaging and, at the request of the Customer, take it back for recycling. Costs for the use of an external ladder lift, however, are not included. These are charged separately by the delivery company and must be paid in cash upon delivery.
If a lift is not available, our delivery service will only deliver three floors up, and only items weighing less than 75 kg. Before placing an order, please bear in mind that the Customer is responsible for ensuring that all items fit through doorways and stairways. All relevant information (floor, accessibility, need for a lift, specifications ...) must be provided by the Customer during the ordering process to ensure smooth delivery.
If we find that at the time of delivery, 'White Glove Delivery' is not possible due to accessibility issues or missing or incorrect information, the items will be delivered according to the 'Front Door Delivery' procedure, without any refund or compensation. If 'Front Door Delivery' is not possible either, two options remain:
- either a new date for 'Front Door Delivery' is agreed with the Customer, in which case an additional fee will be charged for returning and re-delivering the order (corresponding to twice the standard rate for delivery as listed per country below);
- or the order is cancelled and the products are returned to our warehouse, in which case we will refund the order, minus the delivery and return fee (corresponding to twice the standard rate for delivery as listed per country below).
Our delivery service will contact the Customer to arrange a date and approximate time frame. If the Customer is not present when delivery is attempted within the agreed time frame, our delivery service will contact the Customer to agree on another time frame. If the Customer failed to notify us well in advance of their absence during the initial time frame, delivery costs will be charged for this second delivery attempt.
* Actions involving items other than the product itself (affixing to walls (e.g. wall lamps), drilling, connecting to the electric mains (e.g. lighting), etc.) are not carried out by us and are the sole responsibility of the Customer.
Belgium, Luxembourg and The Netherlands
- Standard rate: €100 incl. VAT
- Free shipping for any order of €2000 or more.
France, Italy and Germany
- Standard rate: €250 incl. VAT
- Free shipping for any order of €2000 or more.
For delivery on an island, please contact our Customer Service department to inquire about the applicable shipping rate.
The following applies to all delivery methods
Subject to availability, we will endeavour to deliver the Customer's products as listed on the Order Confirmation within 65 working days from the date of the Order Confirmation, unless exceptional circumstances arise.
Reasons for a delay may include:
- bespoke items
- specific product
- unforeseen circumstances
- delivery area.
If, for any reason, we are unable to meet the delivery date, the Customer will be kept informed and offered the choice either to proceed with the order with an extended delivery period, or to cancel the order with a full refund.
The Customer must take into account that orders are delivered during the working hours of the postal and transport companies concerned.
The Customer shall ensure that there is sufficient room for the products ordered to be brought inside and placed in the intended location. In case there is insufficient room to bring the products inside, the Customer can still accept the delivery, or return the products, but returns are always made at the expense of the Customer.
For the purposes of these Terms, "delivery" is said to have taken place the moment the Customer signs the delivery slip for receipt of the products at the agreed delivery address.
Any visible damage, quality issue or other delivery issue must be reported immediately by the Customer to Flamant.
The risk of loss or damage shall pass to the Customer as soon as the Customer (or a designated third party other than the transport company) acquires physical possession of the goods. However, the risk is already transferred to the Customer upon delivery to the transport company, if said company has been instructed by the Customer to transport the goods while this choice was not offered by Flamant.
Article 6: Retention of Title
The delivered items remain the exclusive property of Flamant until full payment has been received.
Where applicable, the Customer undertakes to inform third parties of Flamant's retention of title, e.g. if anyone intends to 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, in their capacity as consumers, purchase items online from Flamant.
During a "cooling-off period" of 14 calendar days, the Customer has the right to withdraw from the agreement without giving any reason.
This cooling-off period expires 14 calendar days after:
- for sales agreements (including agreements pertaining to both goods and services): "the day the Customer, or a designated third party other than the transport company, acquires physical possession of the goods";
- for agreements where the Customer has ordered several items together, which are delivered separately: "the day the Customer, or a designated third party other than the transport company, acquires physical possession of the last of the goods";
- for agreements where one product consists of several shipments or parts: "the day the Customer, or a designated third party other than the transport company, acquires physical possession of the last of the shipments or parts";
- for agreements concerning regular delivery of goods during a certain period: "the day the Customer, or a designated third party other than the transport company, acquires physical possession of the first of the goods".
In order to exercise this right of withdrawal, the Customer must inform Flamant, Diebeke 33 - 9500 Geraardsbergen (Belgium), +32 54 43 32 99, firstname.lastname@example.org of their decision to withdraw from the agreement by means of an unequivocal statement (e.g. in writing by mail or e-mail). The Customer may use the withdrawal template attached, but is not obliged to do so.
This notice must be sent before the cooling-off period expires.
The Customer must return or hand over the goods to Flamant Design NV, E-com. Return, Diebeke 33 - 9500 Geraardsbergen (Belgium) without delay, and no later than 14 calendar days after the day Flamant was notified of their decision to withdraw from the agreement. The Customer will be on time if the goods are returned before the period of 14 calendar days has elapsed.
The direct costs of returning the goods shall be borne by the Customer.
The Customer is asked to return the items in their original condition and packaging, including all accessories and instruction manuals that came with them. If a returned product has diminished in value in any way, Flamant reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from use of the goods by the Customer beyond such use as is necessary to determine the nature, characteristics and operation of the goods.
If the Customer withdraws from the agreement, Flamant will refund any payments received from the Customer up to that moment, including the standard delivery costs, within 14 calendar days after Flamant has been informed of the Customer's decision to withdraw from the agreement. In the case of sales agreements, Flamant may wait until all the goods are back in its possession, or until the Customer submits proof that the goods have been sent back; whichever is the earliest.
Any extra costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery option offered by Flamant will not be refunded.
Flamant will reimburse the Customer using the same means of payment used to carry out the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.
The Customer cannot exercise this right of withdrawal for:
- the delivery of bespoke items
- the delivery of goods specifically ordered for the Customer, such as Flamant Paint.
Article 8: Warranty
Under the Consumer Protection Act of 21 September 2004, consumers have legal rights when buying consumer goods. This legal warranty applies from the date of delivery to the first owner. No commercial warranty shall affect these rights.
In order to benefit from the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Flamant Customer Service and return the item at their own expense to Flamant.
If a defect is found, the Customer must inform Flamant as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its initial discovery. At the end of this period, the right to repair or replacement lapses.
The legal warranty never applies to defects arising as a result of accidents, neglect, falling, use of the item for other purposes than the purpose for which it was designed, failure to comply with the user manual or instructions, modifications or alterations to the item, harsh handling, poor maintenance, or any other abnormal or incorrect use.
Defects discovered more than 6 months after the date of purchase – or delivery, if applicable – are deemed not to be hidden defects, unless the Customer can prove otherwise.
Article 9: Newsletter
The newsletter discount does not apply retroactively, is not exchangeable for cash, and is not valid in combination with other promotions. This discount does not apply to Flamant Paint, wallpaper, books, curtains, fabrics and house numbers.
Article 10: Customer Service
Flamant Customer Service can be contacted by phone (+32 54 43 32 99), by e-mail (email@example.com) or by mail (Flamant Design NV, E-com. Return, Diebeke 33-9500 Geraardsbergen, Belgium). Any complaints can be sent to this address.
Article 11: Non-Payment Penalties
Without prejudice to the exercise of any other rights Flamant may have, in case of non-payment or late payment, the Customer shall automatically and without notice owe an interest of 10% per year on the unpaid amount, calculated from the day of default. In addition, the Customer shall automatically and without notice owe a fixed compensation of 10% of the unpaid amount, with a minimum of 25 euros per invoice.
Without prejudice to the above, Flamant reserves the right to take back any items that have not (fully) been paid for.
Article 12: Validity - Failure to Enforce
The invalidity, illegality or nullity of any provision of these Terms shall in no way affect the validity, legality and applicability of the other provisions.
No failure of Flamant at any time to enforce or exercise any of the rights set out in these Terms can be construed as a waiver of such provision, nor will it affect the validity of these rights.
Article 13: Amendments
These Terms are supplemented by other terms and conditions to which explicit reference is made, and by Flamant's General Terms and Conditions of Sale. In the event of contradiction, the present Terms shall take precedence.
Article 14: Evidence
The Customer accepts that electronic communications and backups may serve as evidence.
Article 15: Applicable Law – Disputes
This agreement shall be governed in accordance with Belgian law, except for any provisions concerning applicable law in private international law.
The courts of the Customer's domicile shall have jurisdiction in the event of legal disputes.
Article 16: Feedback
We appreciate feedback. Please send us your feedback and comments via our web contact form.