COMPANY DETAILS
Name: Fungtional
Address: Grovedreef 10, 2970 Schilde, Belgium
Email: make-it@fungtional.be
VAT number: BE1022.797.593
Article 1: General provisions
1.1 In these terms and conditions of Fungtional, with its registered office at Grovedreef 10, 2970 Schilde, Belgium, the company is hereinafter referred to as “Fungtional” and its customers/buyers/resellers as “customer”.
1.2 All agreements concluded between Fungtional and the customer are subject to these general terms and conditions, unless explicitly agreed otherwise in writing. General terms and conditions of the customer are expressly excluded.
1.3 In addition to these general terms and conditions, special conditions may apply to specific transactions. In case of conflict, the special conditions shall prevail.
1.4 The customer accepts these general terms and conditions with every order. The current terms and conditions apply at the time of the order, excluding older versions.
1.5 The customer explicitly declares to be of legal age. Fungtional reserves the right to cancel a purchase if it appears that the customer is a minor.
Article 2: Offers
2.1 Offers from Fungtional are always without obligation.
2.2 Price statements outside of the website do not constitute a formal offer.
Article 3: Formation
3.1 Agreements are only concluded after written confirmation or the start of execution by Fungtional. Confirmation usually follows within 24 hours.
3.2 Orders are processed as long as stocks last.
3.3 Fungtional reserves the right to refuse orders if there is suspicion of abuse or undesirable commercial purposes.
3.4 The ordering procedure is extensively described on the website. Orders are only final after full completion of this procedure.
Article 4: Graphic material, images and content – Product description
4.1 Images, videos and descriptions are for illustrative purposes and may differ from the delivered product.
4.2 The descriptions are displayed as accurately as possible. Obvious errors give Fungtional the right to cancel orders.
4.3 All content developed by Fungtional remains the property of Fungtional.
4.4 Infringements thereof entitle Fungtional to compensation of EUR 1000 per day.
Article 5: Price determination
5.1 All prices include VAT for end-users. For resellers, prices are exclusive of VAT.
5.2 Temporary offers are stated with the price.
5.3 Prices are valid as long as stocks last.
Article 6: Shipping
6.1 Shipping takes place according to Fungtional's Shipping Policy.
6.2 The customer bears the risk in case of non-receipt or incorrect addressing.
Article 7: Delivery period
7.1 Delivery times are indicative.
7.2 Fungtional usually delivers within 7 working days after the order and a maximum of 30 days after ordering. If this period is exceeded, the customer may request an additional period and, if not complied with, dissolve the agreement.
Article 8: Payments
8.1 Payment is made via the website and available payment options.
8.2 Payments first settle the oldest outstanding items.
8.3 In case of late payment, an annual interest of 8% applies.
8.4 Additional compensation for late payment: 10% of the outstanding amount.
8.5 Fungtional may suspend deliveries in case of non-payment.
8.6 Promotions do not entitle to deferment of payment.
Article 9: Retention of title
9.1 Fungtional retains ownership of the delivered goods until full payment.
9.2 The customer may not sell or encumber the goods before full payment.
9.3 Fungtional has the right to access the goods in case of non-payment.
9.4 In case of non-compliance, a penalty of EUR 500 per day applies.
9.5 The customer must inform third parties about the retention of title.
9.6 Risks after delivery are for the customer, even in case of incomplete payment.
Article 10: Conformity and complaints
10.1 Fungtional carefully selects its products. Shelf lives must be respected.
10.2 Visible defects must be reported immediately. Complaints about invoices within 8 days of the invoice date.
10.3 Complaints do not give the right to suspend payment.
10.4 If justified, Fungtional may choose repair, replacement or return.
10.5 Returns are at the risk and expense of the customer, only after approval by Fungtional.
10.6 No guarantee in case of exceeding the shelf life or careless use.
Article 11: Limitation of liability
11.1 Fungtional's liability is limited to the purchase price.
11.2 The customer must respect shelf lives.
Article 12: Force majeure
12.1 In case of force majeure, Fungtional may suspend its obligations or dissolve the agreement.
12.2 Force majeure includes strikes, natural disasters, delays at suppliers.
12.3 Fungtional is in no case liable for damages in case of force majeure.
12.4 In case of permanent force majeure, either party may terminate the agreement.
Article 13: Dissolution of the agreement
13.1 Fungtional may immediately dissolve the agreement in case of breach of contract, bankruptcy, attachment, death or placement under administration of the customer.
13.2 Fungtional does not have to pay compensation in case of dissolution.
13.3 Fungtional may claim compensation and reclaim delivered goods.
13.4 Dissolution by the customer can only take place after notice of default.
Article 14: Right of withdrawal
14.1 The consumer has a 14-day right of withdrawal in accordance with the law.
14.2 This only applies to online purchases without personal contact.
14.3 Exceptions: perishable products, opened sealed products for hygienic reasons.
14.4 The customer must report the withdrawal in writing (preferably via make-it@fungtional.be).
14.5 The customer bears the costs for return shipment.
14.6 Fungtional will refund within 14 days of receipt of the goods.