GENERAL TERMS AND CONDITIONS FOR
O MY CIGAR WEBSHOP
Article 1 – Definition of Seller and capacity of the Client
The “Seller” of the items in this web shop is O MY CIGAR, with registered office at 70 Vrezeveld, 9790 Wortegem-Petegem and with company number 0686.912.626 and bank account number BE44001829686445
The “Client” who would like to use the O MY CIGAR web shop, declares by his/her order on the website https://www.omycigar.com/shop (hereafter referred to as: the “Website”) that he/she is acting in the capacity of consumer, i.e. not as a trader or for any other professional use. If you wish to buy products from O MY CIGAR as a trader or for professional or commercial purposes, you are not allowed to use the web shop of the Seller, but you must contact the O MY CIGAR sales department by writing to info@omycigar.com for more information. The Client declares to be 18 years or older.
Article 2 – Applicability of General Conditions
These terms and conditions regarding sales and offers via the web shop of the Seller effective at the time of order by the Client (hereafter referred to as the “Conditions”) are applicable to the online offers and sale of products from the Seller’s product range to consumers via the website.
The Seller undertakes only to sell online to customers who reside in the territory of Belgium, the Netherlands or the Grand-Duchy of Luxembourg.
The Conditions that were applicable at the time of the sale continue to apply to ongoing agreements. As these Conditions may change from time to time in accordance with article 12 of these Conditions, you are advised to determine which Conditions apply before every sale.
Article 3 – Prices
All prices include VAT. Additional delivery fees or other administrative costs are specified separately for each item or in communication with the Client.
Article 4 – Offer
The offer is valid as long as the product is in stock and may be changed at any time
The description of the products is done in accordance with current legislation. Images are for illustrative purposes only and the delivered packaging may differ in appearance from the product illustrated online.
The Seller shall not be held liable for apparent material errors, printing or typographical errors.
Article 5 – Initiating a purchase
An order can be placed through the Website by following the steps indicated in the web shop on the Website.
After ordering the goods, a statement of the ordered goods is sent to the Client and made available online. Upon confirmation of the order, a monetary payment is requested according to the specified payment method. The sale is complete upon receipt of full payment. The order will be made ready for delivery after payment. The Client will subsequently be provided with a confirmation of his/her purchase and the specifications of the delivery in accordance with the stated delivery method.
The Seller reserves the right to refuse orders in the following cases:
-when an article is no longer in stock or no longer available;
-when the offer is found to be incorrect;
-when the delivery address is outside the Benelux;
-in the event of force majeure.
Article 6 – Delivery
Deliveries are made according to the delivery method indicated by the Client.
6 .1 – General + Rates
O MY CIGAR has chosen BPost as its partner for the delivery of online orders.
The Seller does everything possible after receipt of payment to deliver the products in a correct manner to the address specified by the Client. The ordered products can only be delivered to a physical address in the Benelux, and not to a P.O. box. The order may also be picked up from one of the pick-up points of BPack 24/7. You can find more information here.
The standard shipping cost is € 7,50 to Belgium and € 9,00 to the Netherlands and Luxemburg, irrespective of the weight of the shipment. Shipments with a value higher than € 250,00 are sent free of charge.
As the shipments contain objects of value, they must always be supplied with a barcode. The document that is created after scanning the order upon delivery, serves as presumption that the order has duly been delivered (and that the Client has duly received the order) and as proof unless the Client provides proof of the contrary. After receiving the order, the Client is responsible for any possible damage to the product.
The Seller nevertheless reserves the right to choose the most appropriate delivery method for each order. The Seller can therefore choose to send an order by registered mail based on the characteristics of the order (amount equal to or greater than € 250), the delivery history (previous problems reported by the Purchaser, any possible disputes regarding the delivery …) or objective criteria which suggest that problems will/may occur with the delivery (non-compliant mailbox, shared mailbox with multiple recipients …).
6.2 -Delivery periods
Orders placed before 3:00 pm (on working days) and paid for online will be handled and dispatched the same day. Your order will then be delivered the next working day at the delivery address stated by the Purchaser.
The delivery periods are based on average processing and delivery times and are only provided as information. Non-compliance with these indicative delivery periods will not entitle the Client to request compensation.
If one or more ordered products are not sent to the specified address within 15 calendar days after confirmation of the order, the Client must contact the O MY CIGAR Customer Service Department (contact details of which are provided in Article 7) within a reasonable period to check the status of his/his order.
If the Client, pursuant to Article 6, provides evidence that the order was not delivered within a period of 15 calendar days after its confirmation, the Client may cancel the order without penalty, provided he/she does so by sending an e-mail or registered mail to the contact address stated in Article 7 of these terms and conditions.
The amount already paid by the Client will then be refunded to him/her within 30 days after a request of cancellation has been received.
The Client has 45 calendar days after confirmation of his/her order to inform the Seller in writing that the order has not been delivered. After that period, the order will be considered as effectively delivered and accepted by the Purchaser, and no exchange or refund can take place.
The Seller reserves the right to split the delivery of products according to their availability. If delivery of an order is split, the final product is delivered within the aforementioned period of 15 days.
Products that consist of several items on the website itself will not be split during delivery.
The Client assumes full responsibility for the risk of transporting the ordered goods. The risk of the goods is transferred to the Client immediately upon payment thereof. Damage or loss during shipment is the responsibility of the Client.
The Seller takes great care in packaging the products, but the Seller cannot prevent cakes and/or other products from breaking or being damaged in any other way during shipping. The Seller cannot be held liable for this.
Article 7 – Complaints
7.1 Any visible damage and/or qualitative deficiency of the goods or other failure in the delivery must be immediately and no later than after a period of two months reported to the Seller, on pain of forfeiture of any right. For any questions or complaints relating to the conformity of the products delivered, the Client may contact the address below:
We are committed to handle complaints within 7 days.
O MY CIGAR – Webshop
70 Vrezeveld
9790 Wortegem-Petegem
Tel.: +32(0)478 87 78 13
E-mail: info@omycigar.com
Website: www.omycigar.com
7.2 All agreements that we enter into with our clients, irrespective of their place of residence, shall be governed exclusively by Belgian law and in the case of disputes only the competent Belgian courts shall have jurisdiction. If however for reasons of international law another law is applicable, the Belgian Law on Market Practices and Consumer Protection shall be consulted first for the interpretation of current general terms and conditions.
7.3 By way of Alternative Dispute Resolution measure, the Service de Médiation des Consommateurs of the SPF Economie has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link.
In case of cross border dispute, you can contact the “Online Dispute Resolution” platform of the European Union via this link.
Article 8 – Warranty
Only the legal guarantee shall apply to the ordered articles unless conditions specified below apply.
The warranty for perishable products is only valid until the expiration date as indicated on the packaging.
Except in the case of legally binding provisions, the Seller is not liable for any damage (directly or indirectly) caused by the delivered products. The warranty is also inapplicable in the event that the products are processed into other products.
Article 9 – Right of withdrawal
The Client may terminate an agreement for the purchase of a product within a reflection period of 14 days and is not required to give any reason.
The reflection period specified in paragraph 1 takes effect on the day after the Client, or a third party designated in advance by the Client who cannot be the carrier, has received the product,
During the reflection period, the Client must handle the product and the packaging with care. He may only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The general principle here is that the Client may only handle and inspect the product as he/she would in a shop.
The Client is liable for any loss of value of the product that results from handling the product beyond the permitted manner as specified in the preceding paragraph.
The Client shall not be liable for any diminished value of the product if the Seller fails to provide all information required by law on the right of withdrawal at the time when the agreement is concluded.
If the Client exercises his right of withdrawal, he/she shall report this to the Seller within the reflection period by using the standard withdrawal form or any other clear and unambiguous form of communication. The Client shall send the product back, or hand it over to a (representative of) the Seller as soon as possible, and in any case within the 14 day reflection period stated above. The Client shall send back the product with all delivered accessories, in the original condition and packaging if reasonably possible, and in accordance with the Seller’s reasonable and clearly specified instructions.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Client.
The Client bears the direct cost of returning the product.
The Seller shall reimburse all payments from the Client, including any delivery costs charged by the Seller for the returned product, immediately but in any case within 14 days following the day on which the Client alerts the Seller that he/she wishes to terminate the agreement. Unless the Seller offers to retrieve the product himself, he may delay refunding the Client until he has received the product, or until the Client can show that he/she has sent the product back, whichever is the earlier. The Seller shall refund the Client using the same method of payment that the Client used, unless the Client agrees to a different method. The refund is free of charge to the Client. If the Client has opted for a more expensive method of delivery than the cheapest standard delivery, the Seller does not have to refund the additional cost of the more expensive method.
The right of withdrawal of the Client is excluded, after prior notice thereof to the Client, for i) products that spoil quickly or have a limited shelf life and ii) sealed products that are not suitable to be sent back due to health or hygienic reasons and the seal of which was broken after delivery.
For withdrawal, the Client can use the standard form for withdrawal and the corresponding standard instructions which have been annexed to the present conditions.
Article 10 – Privacy
As stated in the Law on the protection of privacy, personal details provided by the Client on the website can be transferred. Personal information provided for by the Client shall be used by the Seller for the following purposes: executing the agreement between the Client and the Seller, including invoicing and delivery of products purchased by the Client.
The data can also be used for promotion and commercial purposes and to inform the Client about the Seller, and his products and services. If the Client does not want this, he/she shall communicate this in writing to the Seller. Upon written request, the use of the personal information shall be limited to the purposes stated in the first paragraph of this article.
The Client has the right to communicate and change his or her personal details. It is sufficient to contact the Seller in writing at the address provided in the contact information in article 11, with proof of identity.
The Commission for the protection of the privacy keeps a public register of the automated processing of personal data. The Client may also consult this list if the he/she requires further information on the manner in which the Seller handles the data.
The Client is solely responsible for the managing the login ID and password which is strictly linked to his or her person. The Client indemnifies the Seller against any possible damage caused by misuse of a login ID or password.
Article 11 – Contact information
You can contact O MY CIGAR nv, at 7 Vrezeveld, 9790 Wortegem-Petegem via e-mail at info@omycigar.com
Article 12 – Amendments to the conditions
Current conditions can change at any moment without prior notice. Any purchase made after the amendment of these conditions as published on the website implies that the Client accepts the new conditions. It is therefore advised to regularly consult these Conditions.
The Conditions may be supplemented or modified by other conditions if explicitly specified to the Client prior to the purchase.
Article 13 – Proof
The Client accepts that electronic communication (e.g. e-mails), files (e.g. transmission reports) and back-ups can serve as proof.
Article 14 – Liability
The Client uses the Website and the web shop on his/her own responsibility. The Seller is not liable for any failure or any unavailability of the shop due to technical failure. The Seller is not liable for any damage to the Client as a result of a virus being spread via the web shop.
The Seller guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable demands of reliability and/or usability and legal provisions and/or government regulations existing on the date when the agreement was concluded.
An additional warranty provided by the Seller shall never limit the legal rights and claims that the Client may assert against the Seller based on the agreement, if the Seller has failed to fulfill its part of the agreement.
The term extra warranty is understood to mean each commitment of the Seller where he/she grants the Sellers rights or privileges beyond what is required by law in the event he/she failed to fulfill his part of the agreement.
Article 15 – Applicable law – Jurisdiction
Belgian law is applicable to the initiation, interpretation, execution and termination of the agreement between the Client and the Seller. In case of dispute, only the courts of the judicial district where the registered office of the Seller is established shall have jurisdiction.