Introduction

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you fully agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

This website is operated by UNICO. Throughout the site, the terms “entrepreneur”, “seller”, “we”, “us” and “our” refer to UNICO.
UNICO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing the site and/or buying anything from the (web) store, you participate in the “Service” the store provides and therefore agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referred herein and/or available through a hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Accepting the Terms and Conditions is mandatory to place an order with us. By ordering, you confirm to know and accept the seller’s Terms and Conditions.

General Conditions

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Article 1: Identification of the entrepreneur/seller

UNICO – with registered office at 3201 Langdorp (Belgium), Vleminkstraat 47/1 – with company number / V.A.T. – number: BE0875.545.061 – RPR Leuven (Belgium) – with bank account number, with trade name “Chamberlain1875”.

The consumer can reach the entrepreneur/seller via email address: [email protected]; or via the contact form found on the “contact” page.

Article 2: Scope and application area

These general terms and conditions of sale apply to every offer, quotation, agreement between the entrepreneur / seller and the customer, as well as the implementation of the agreement.

The agreement is concluded in the English language. The customer cannot rely on the fact that he/ she does not have sufficient command of the language to invoke the non-applicability of one or more conditions.

Each order by the customer means the explicit acceptance of the present general terms and conditions of sale, whereby the customer expressly confirms that he/she has taken note of these general terms and conditions of sale and that he/she irrevocably accepts them.

Article 3: Offer

All offers on this website are without obligation, unless explicitly stated otherwise. Certain products or services may be available exclusively online through the website. The offer is valid as long as supplies last and can be changed at any time.

If an offer is subject to a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete accurate description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. Each offer contains such information, that is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in our collection. However we cannot guarantee that your computer monitor’s display of any colour will be as accurate and thus are purely illustrative and do not bind the entrepreneur/seller.

Offers are not automatically valid for repeat orders. The prices valid at the time of ordering are applicable.

All offers are valid until the stated validity date, these prices however can be terminated prematurely by the seller.

The entrepreneur/seller is under no circumstances liable for material errors, typesetting or printing errors.

For more information, the customer can always contact the entrepreneur/seller via the communication channels listed in article 1.

Article 4: Realisation of the sale

An order can only be placed via the webshop on www.chamberlain1875.com or with specific requirements via [email protected]

The agreement is concluded at the moment of acceptance of the offer by the customer, when the customer has paid the order and the entrepreneur/seller has confirmed the order by e-mail.

As long as the entrepreneur/seller has not confirmed receipt of the order, the consumer may rescind the contract.

The automatic reply-message serves as confirmation of receipt of the order.

The entrepreneur/seller reserves the right to refuse orders in the following cases:

  • in case of serious suspicion of legal abuse or bad faith of the customer;
  • if the stock is exhausted or if an item is no longer available;
  • in case of force majeure.

By placing an order, the customer declares that he agrees with these terms and conditions, which always take precedence over any terms and conditions of the customer himself.

Deviations and additions are only binding if they have been agreed in writing between the various parties.

Article 5: Minimum age for purchase

To proceed to a legally valid purchase, the customer must be at least 18 years old.

The entrepreneur/seller does not bear any responsibility/liability in this regard if the customer misleads/incorrectly informs the entrepreneur/seller about this topic.

Article 6: Prices

During the period of validity indicated in the offer, the prices of the products offered are not increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur/seller can offer variable prices for products whose prices are subject to fluctuations in the financial market and over which the entrepreneur/seller has no influence. This link to fluctuations and the fact that any stated prices are target prices are indicated in the offer. The prices quoted in the offer of products are always including Value Added Tax (VAT).

UNICO strives for the most accurate representation of the reality and the intended prices for the various products that are sold. Errors that arise and are recognisable as programming or typing errors never form a reason to claim or assume an agreement.

All offers are valid as long as they are included on the website. If an order is placed, the price that applied at the time of the order applies to this order.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur/seller has stipulated this and that these are the result of statutory regulations or provisions or the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

The prices for any products are subject to change without notice. We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Article 7: Accuracy of Billing and Payment Information

UNICO is using Mollie’s payment platform to process the payments on the webshop. Mollie offers the following payment options for UNICO:

  • Bancontact/Mister Cash
  • PayPal
  • iDeal
  • KBC/CBC
  • Belfius Direct Net
  • ING Home’Pay
  • SOFORT Banking
  • SEPA Bank Transfer

For Credit Card payments with MasterCard, Visa, and American Express we utilise Stripe to process the payments.

UNICO will only proceed to delivery when the payment has been received in full.

The entrepreneur/seller can expand the payment options in the future, new payment options will be indicated on the website and can be used if the payment gateway offers these to the entrepreneur/seller.

If the consumer does not meet his payment obligation(s) on time, he will be informed by the entrepreneur about the late payment, the entrepreneur/seller grants the consumer a period of 14 days to still fulfil his payment obligations. After the payment has not been made within this 14-day period, the consumer owes the statutory interest on the outstanding amount due and the entrepreneur/seller is entitled to charge the extrajudicial collection costs incurred by him.

These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500. 10% on the next €2,500, and 5% on the next €5,000 with a minimum of €40. The entrepreneur/seller can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

The consumer agrees to provide current, complete and accurate purchase and account information for all purchases made through the site. He further agrees that the account and payment information, including the email address, the payment method and the due date of the payment card, are immediately updated so that the trader can complete the transactions immediately so that the merchant can complete the transactions and contact the consumer if necessary in the event of a problem. Prices are subject to change without notice at any time. All payments will be made in Euro (€).

UNICO reserves the right to refuse any order. UNICO may limit or cancel the quantities purchased per person, per household or per order at its sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, per household, per order and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on this website.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Article 8: Stock

The products offered by UNICO are managed in a database. Should it nevertheless happen that a product ordered and paid for by the consumer is no longer available, the amount paid will be immediately refunded to the original method of payment of the consumer with whom the purchase was made.

If UNICO is not in possession of the bank details of the consumer, they will request these by email. However, this does not entitle them to any form of compensation.

Article 9: Delivery

UNICO will take the greatest possible care in receiving and processing orders for products and in assessing requests for the provision of services.

The products are delivered via the stock inventory or via back-order where Send Cloud is used as a service to deliver the products (https://www.sendcloud.be)

The place of delivery is the address that the consumer has made known to UNICO. UNICO will execute accepted orders with due diligence but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will be informed no later than 30 days after he placed the order.

Send Cloud has various postal services that can be used to ship the product for the best possible service depending on the country where the order originates from like:

  • bPost
  • DPD
  • USP
  • DHL

Each shipping method and/or courier has its own delivery time and can widely differ depending on the country of destination where the consumer buys the product from and wants to have it shipped to.

Deliveries within the Benelux, France and Germany are generally carried out within five working days. For other deliveries, an attempt is made to aim for a maximum delivery time of 15 working days, except due to unforeseen circumstances. The delivery period, however, is purely indicative by way of information and is therefore not binding.

Delays in the execution of the order can never give rise to compensation or to the termination of the contract. Failure to fulfil the possible agreed delivery period does not give the customer the right to cancel his/her order, or to claim compensation.

Every order is given a full tracking number with a full personalised tracking, so that the customer can always follow the order and his delivery.

If delivery of an ordered product proves to be impossible, UNICO will make every effort to provide a replacement article or other form of compensation. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered or that another form of compensation will be provided. For replacement items, the right of withdrawal cannot be excluded.

Although we pack the shipments very carefully, UNICO cannot be held responsible for damage, theft or loss of items during transport. If a package is not delivered within the specified time, an investigation will be carried out at the transport company being the carrier that was chosen to send the product to a specific destination. During the period of that investigation, no refund of the ordered items or shipment can be carried out.

It is important that you check the contents of the package immediately upon receiving your item to check whether the received item matches your order. If for some reason this would not be the case, we kindly ask you to inform us within two working days, so that we can discuss further steps with you to resolve this issue. Do not hesitate to let us know by filling in our contact form on our “Contact” page or by sending a message via email to: [email protected]
 
In the event of an exchange or return, the consumer will require to cover the shipping costs themselves, and will take the appropriate measures to secure the content of the item properly.
Article 10: Right of withdrawal

The customer must inform the entrepreneur/seller about his/her wish to withdraw, without justification and without any additional costs other than those expressly stated below, within a period of 14 calendar days, starting from the day of the delivery.

The entrepreneur/seller may ask the customer about the reason for the withdrawal, but do not oblige them to submit his/her reason(s).

During the first 14 calendar days, starting from the day of delivery, the customer is expected to handle the order and packaging with care. If the customer still wants to be able to return the products as described above, the customer may only unpack or use the products as necessary in order to assess whether the customer wishes to keep the products. If the customer returns the products, this must be done with the original packaging, with all accessories supplied and in the original condition and packaging and taking into account the instructions below.

Used, contaminated, damaged or incomplete articles will under no circumstances be taken back.

Returned items are checked to see whether or not the item has been used, damaged or soiled.

The customer informs the entrepreneur/seller about his/her wish to withdraw within a period of 14 calendar days, starting from the day of the delivery by unambiguously:

The customer can find the form in the form of a PDF file via this link: www.chamberlain1875.com/Chamberlain1875-Withdrawal-Form.pdf

A confirmation of receipt of the request for withdrawal on behalf of the customer will be communicated to the customer by the entrepreneur/seller.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

The customer returns the products to the entrepreneur/seller before the expiry of a period of 7 calendar days, starting the day on which the customer informed the entrepreneur/seller of his / her decision to withdraw the agreement.

The customer may not return the products until he/she has made a written notification of the right of withdrawal.

The customer can return the items free of charge via a UPS collection point of his choice, subject to the costs paid by the customer as a result of his/her express choice for a different method of delivery than the cheaper standard delivery offered by the entrepreneur/seller.

To do this, the customer must request a return label from the entrepreneur/seller via the contact form on the “contact” page.

The customer bears the direct costs for returning the goods.

The costs of return shipment must be paid by the customer.

The customer must take the following points into account:

  • the costs for the return are always charged to the customer. The product or products must be sent to: 3201 Langdorp, Belgium, Vleminkstraat 47/1.
  • The return shipments are always at the customer’s risk. Lost or damaged goods of returned products are not the responsibility of the entrepreneur/seller;
  • Personalised and/or customised products are never taken back.

If the return shipment does not meet these conditions, it is not eligible to be reimbursed.

By exercising his/her right of withdrawal, the customer puts an end to the agreement and to any additional agreement (credit agreement) without costs, except those explicitly provided for in these general terms and conditions of sale.

After receiving the return, the entrepreneur/seller will refund the amounts paid within a period of 14 calendar days, including any delivery costs.

The entrepreneur/seller is not required to pay the additional costs, due to the explicit choice of the customer for a different delivery mode than the cheapest standard delivery offered by the entrepreneur/seller. The entrepreneur / seller must refund the customer using the same payment method that he / she used for the original purchase.

Article 11: Warranty

For consumers, the 2-year legal warranty applies. The warranty starts on the date of delivery.

The warranty only covers a lack of conformity that already exists at the time of delivery. The lack of conformity must be reported within 5 calendar days after adoption. Afterwards, any right to repair or replacement expires.

During the aforementioned period, the entrepreneur/seller undertakes to replace or repair the defective item (or part thereof) free of charge. The entrepreneur/seller reserves the right to exchange the item if the costs are disproportionate, or if repair is impossible. Defects that manifest after a period of 6 months after the delivery, are not considered to be present at the time of delivery, unless the customer proves otherwise.

The warranty does not apply to:

  • defects/damages that arise/arising as a result of accidents, intent, negligence, use of the article contrary to the purpose for which it was designed;
  • defects/damages caused by non-compliance with the user instructions or the manual, heavy-handed use, improper assembly, poor maintenance, abnormal, commercial, professional or incorrect use.

The payment receipt serves as a warranty document.

The warranty is not transferable.

Article 12: Complaints

Unless stipulated otherwise, the customer will, under penalty of loss of any right, transfer his/her complaints and this (a) in the case of a complaint due to visible defects or non-conformity, within five calendar days after the delivery of the products, and (b) in the case of hidden defects, within five calendar days after the discovery of the defect.

Submitting complaints can only be done by mail at the address [email protected]

No liability for visible and/or hidden defects can be retained if the above mentioned deadlines have expired without any complaints.

The complaints received by the entrepreneur/seller will be answered within the 5 calendar days, after receipt of the written complain. If a complaint requires an unforeseeable longer processing time, the customer will also be answered within a period of 5 calendar days with the message of receipt and an indication when the customer can expect a more performance answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.

An admissible and well-founded complaint gives rise to either the replacement of the delivered product and/or products, or if this is impossible, to the reimbursement of a maximum of the purchase price of the relevant product.

Article 13: Limitation of liability

The entrepreneur/seller cannot be held responsible for the non-execution of the agreement in the event of force majeure as determined by the court, and in the event of a shortcoming or error on the part of the customer or due to an unpredictable and irreversible fact committed by a third party in respect of the agreement.

The entrepreneur/seller is not responsible for any damage or other consequences caused by the incorrect use of the purchased product.

On the website all photos, information provided and texts are displayed as accurately and completely as possible. Despite these efforts, inaccuracies may occur in the photographs, information and texts provided. If the information provided contains inaccuracies or if certain information is not available on or via the website, the entrepreneur/seller will make the greatest possible effort to rectify this as quickly as possible. The entrepreneur/seller cannot be held liable for direct or indirect damage arising from the use of the information on this site.

If the product and/or products supplied by the entrepreneur/seller exhibit a defect, the liability of entrepreneur/seller is limited to the amount of the purchase price. The risk of loss or damage is transferred to the customer from the actual receiving of the products.

Article 14: Intellectual property

Unless otherwise described, the site and all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics on the site (collectively, the “Content”) and the trademarks and logos contained therein (the “Marks”) are the property of their respectful copyright owners and thus UNICO which are protected by copyright laws.

The content and signs are provided as is on the site for information purposes and for personal use only. Except as expressly provided in these Terms and Conditions, no part of the site, content or characters may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, sold or otherwise exploited for any commercial purpose without express prior written permission from the original copyright owner(s).

Use of the information on this website is free of charge as long as you do not copy, distribute or otherwise use or misuse this information. You may only reuse the information on this website in accordance with the regulations of mandatory law.

Article 15: Privacy policy – Processing of personal data

The processing of data takes place in accordance with the applicable legislation. The customer can find more information on the “privacy policy“page.

Article 16: Cookie policy

The website www.chamberlain1875.com uses cookies. The customer can find more information about these cookies on the “privacy policy” page under the cookie policy section.

Article 17: Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • (h) to collect or track the personal information of others;
  • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) for any obscene or immoral purpose;
  • (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 Article 18: Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
 

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall UNICO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitations: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 19: Indemnification

You agree to indemnify, defend and hold harmless UNICO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Article 20: Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us.

You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Article 21: Evidence

The customer accepts electronic evidence (e-mails and backups).

Article 22: Nullity

A possible nullity of one of the provisions of this present general terms and conditions of sale, will in no case result in the nullity of the entire agreement. The other provisions therefore remain fully applicable.

The entrepreneur/seller and the customer will therefore replace the invalid provision with another provision that approximates the purpose and scope of the invalid provision as much as possible.

Article 23: Disputes

All disputes relating to the sales agreement shall be subject to the exclusive jurisdiction of the courts of the district Leuven whereby Belgian law is exclusively applicable.

Disputes between the consumer and the entrepreneur/seller about the formation or implementation of agreements relating to products to be delivered or delivered by the entrepreneur/seller can, subject to the following provisions, be provided by both the consumer and the entrepreneur/seller submitted to the European platform.

Hereby the link of the address of the European platform for the settlement of disputes concerning agreements concluded online between a consumer and a company based in Europe, for both national and cross-border agreements. This platform has been operational since 15.02.2016. Here is the link to the URL of the European online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=NL

The purpose of this platform is to propose to the consumer amicable dispute settlement procedures offered by qualified entities for handling disputes between consumers and European Union companies. If you are involved in an online dispute resolution application through this platform or if you wish to submit such a request, you can find help at the online dispute resolution (ODR) contact point that is listed on the platform.

Article 24: Change of general terms and conditions of sale

The entrepreneur/seller reserves the right to adjust these general terms and conditions of sale at any time and without express notice. The general terms and conditions that apply are the published terms and conditions on the date of purchase.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. These Terms and Conditions are therefore adapted to the use of and the possibilities on this site. Changes will always be published on this website prior to their entry into force.

Your continued use of or access to our website or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. Every order after the change of the general conditions of sale implies an acceptance by the customer of the new changed general terms and conditions of sale.

It is therefore advisable to regularly consult these general terms and conditions.

On this page you will always find the most recent version. It is your responsibility to check our website periodically for changes.

Version 1.2 – This page was last modified on 12/10/2019

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