Terms & Conditions
Business information
My Electro BV
Evenbroekveld 16F
9420 Erpe Mere
BE 0546.795.730
RPR Dendermonde
Article 1: General provisions
The e-commerce website of My Electro BV (“My Electro”) provides its customers with the option of buying products from its webshop.
These General terms and Conditions (“terms”) are applicable to all orders placed by a visitor to this e-commerce website (“customer”). When placing an order via the online store of My Electro, customer must explicitly accept these terms, whereby customer agrees to the applicability of these terms with the exclusion of all other conditions. Additional customer conditions are excluded, except when they are explicitly accepted beforehand in writing by My Electro.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the customer must bear. For intra-community deliveries , prices are listed VAT excluded.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price. Shipping costs may depend on the type of products as well as on the delivery address.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for My Electro. With respect to the accuracy and completeness of the provided information, My Electro is solely bound to obligation of means. My Electro is in no way liable in event of obvious material or printing errors.
If the customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by My Electro. My Electro cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
To place an order in our online store, the client first needs to add one or more products in the desired quantities to the shopping cart. Product quantities can be changed via the shopping cart and it is also possible to delete an entire article line. You can validate the order on the checkout page. All data for delivery and invoicing are entered here. If you already have an account, the data will be entered automatically after login. If you do not have an account yet, you must first register. At the checkout you can also choose the type of delivery and the payment method.
The customer may choose between the following payment methods:
• by credit card
• by debit card (Belfius, ING, KBC-CBC)
• via Bancontact
• via Ideal
• via Sofort banking
Our payments are processed securely by our payment provider Mollie (www.mollie.nl).
My Electro is entitled to refuse an order pursuant to a serious breach on the part of the customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Items ordered through this webshop are delivered in Belgium, the Netherlands, France and Luxembourg.
Delivery is made by an external partner (eg bPost, GLS, DHL). Where technically possible, the customer will receive the details of the delivery (track & trace) by e-mail at least 1 working day before delivery.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the customer’s residence within 30 days of receipt of the order. In the case of articles on special order with a longer delivery time, or articles that cannot be delivered on time eg. due to a stock failure, the customer will be notified.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the customer to My Electro. If any damage to the packaging is noticed upon delivery, this must be stated on the transport document of the carrier. The article and packaging must be kept available for later expertise.
The risk due to loss or damage is transferred to the customer at the time the goods have been physically received by the customer (or a third party indicated by the customer that is not the carrier). However, the risk transfers to the customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by My Electro.
Article 6: Retention of title
Delivered articles remain the exclusive property of My Electro until the moment the customer pays for the goods in full.
If necessary, the customer undertakes to inform third parties of the retention of title belonging to My Electro, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to customers in their capacity as consumers purchasing articles online from My Electro. One cannot invoke the right of withdrawal if the purchase was made in the name of an association or company, or as an independent entrepreneur who may or may not have a VAT number.
The customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the customer or a third party indicated by the customer that is not the carrier.
To exercise the right of withdrawal, the customer must notify My Electro (contact details see above) in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the customer has no later than 14 calendar days from the day that they notify My Electro of their decision to withdraw from the agreement to send back the goods to the return address that will be sent to him by email. The customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the customer. The customer is free to choose a carrier of their choice, but the responsibility in case of loss, theft or damage of the package remains with the customer.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the returned product is reduced in value in any way, My Electro is entitled to hold the customer liable and demand compensation for each depreciation in value of the goods that are due to the customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
All returned items are carefully examined. The consumer can inspect the item only visually as he might do in a shop. Sealed packages (such as blister packs) may not be opened. Returned items may be fitted (only in the case of clothes or shoes), but cannot be used or installed. When the value of a product has decreased due to the use or installation by the customer, this will be charged to the customer. When we determine that the item has been used or installed or if the sealed packaging has been opened, a minimum depreciation of 15% will be charged.
If the customer withdraws from the agreement, My Electro shall repay all payments received from the customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that My Electro was notified by the customer of their decision to withdraw from the agreement. For sales agreements, My Electro may wait on the reimbursement until all the goods have been sent back, or until the customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the customer choosing another form of delivery other than by the cheapest standard delivery offered by My Electro will not be refunded.
My Electro shall repay the customer using the same means of payment as the customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the customer will not be charged any costs in connection with such repayment.
The customer may not exercise the right of withdrawal for:
• the provision or supply of goods or services whose price depends on fluctuations in the financial market that My Electro has no influence upon and that may occur within the withdrawal period.
• the delivery of goods manufactured according to the customer’s specifications or that are clearly destined for a specific person.
• the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery (e.g. filters for ventilation systems).
• the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.
• goods that were custom made or cut to size (e.g. cables, ventilation tubes and every article that is available per unit of length or unit of area)
• agreements whereby the customer specifically requested My Electro to visit him to carry out urgent repairs, inspection, measurements or maintenance;
• agreements that were entered into in a public sale.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the customer must provide some proof of purchase. customers are advised to retain the original packaging used for the goods.
For articles purchased online and delivered to the home of the customer, the customer must contact the My Electro customer service and return the product at their own expense to My Electro.
Upon detection of a deficiency, the customer must inform My Electro as soon as possible. In any case, any deficiency must be reported by the customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the customer.
Article 9: customer service
My Electro customer service can be reached via e-mail at sav@my-electro.be or by mail at the following address: My Electro – Evenbroekveld 16F, B-9420 Erpe Mere. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that My Electro is entitled to, the customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, My Electro is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing information, My Electro respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes:
• executing the concluded agreement
• processing it in our accounting system
• conducting direct marketing and internal analysis
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to My Electro. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner.
We treat your information as confidential and shall not communicate, rent or sell it to third parties, unless this is necessary for the execution of the agreement (e.g. in the case of carriers and subcontractors who carry out an assignment for us under the agreement).
The customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus My Electro has no access to your password.
My Electro saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at My Electro.
Article 12: Use of cookies
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
My Electro uses two types of cookies:
1) “First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
2) “Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Youtube, Facebook or Google Analytics.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
If you use our website, you agree to the use of cookies.
Article 13: Invalidation - non-relinquishment
If any provision of these terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by My Electro to enforce any of the rights set out in these terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the terms
These terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of My Electro. In case of inconsistencies, the present terms take precedence.
Article 15: Proof
The customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Only the courts of the My Electro district have jurisdiction in the case of any disputes.