1.General
1.1. Onderhavige algemene voorwaarden zijn van toepassing op elk aanbod van COPRAL BV, met maatschappelijke zetel te 8790 Waregem, Mannebeekstraat 7 en met ondernemingsnummer BE0763.500.064, dat via haar website wordt gedaan in het kader van de verkoop van parasols (hierna: “VIGA”). 
1.2. VIGA can be contacted by phone on +32 9 396 70 20 or +33 1 86 26 73 99 or by email at  +32 9 396 70 20 of +33 1 86 26 73 99 en via het mailadres info@vigastore.eu 

2. Definitions

2.1. Order Any Order placed by the Customer online at  ​ www.vigastore.eu of per mail.

2.2. Customer Any person acting for purposes outside his or her trade, business, craft or profession who places an Order with VIGA.

2.3. Goods The parasols offered by VIGA.

2.4. Contract The distance contract for the purchase of Goods between VIGA and the Customer, which is entered once the Order is accepted by VIGA.

2.5. Force Majeure An unforeseeable, unavoidable and uncontrollable event, such as, but not limited to, unexpected occurrences, pandemics, war, raw material shortages, power cuts, strikes and lockouts or government measures, that makes VIGA temporarily or permanently unable to fulfil its obligations to the Customer. ​

2.6. Calendar Days All days of the week, including Saturdays and Sundays.

3. Scope of these general terms and conditions

3.1. These general terms and conditions apply to every offer made by VIGA and to every Contract entered into between VIGA and the Customer.

3.2. Before the Distance Contract is entered into, the text of these general terms and conditions shall be made available to the Customer.

3.3. The general terms and conditions are deemed to have been accepted by the Customer once the Order has been placed, unless the Customer expressly objects in writing within two Calendar Days of receipt of the Order confirmation.

3.4. The Contract between the Customer and VIGA shall always consist of (i) the offer or separate Contract accepted by the Customer, (ii) these general terms and conditions and (iii) any schedule or special conditions.

3.5. VIGA reserves the right to amend the provisions of the general terms and conditions at any time, provided it meets the following conditions:
(i) The Customer is notified of the amendment in writing. In the absence of any objection by the Customer within eight Calendar Days of receiving the notification, the Customer will be deemed to have fully and irrevocably accepted the amendment. 
(ii) The amendment concerns a non-essential element of the Contract.

4. Offer

4.1. The Goods offered for sale are the products shown on the website, with a description of their main characteristics at the time the Customer consults the website.

4.2. VIGA shall endeavour to provide a complete and accurate description of its online offer, but is only bound by an obligation of diligence. Obvious oversights or mistakes in the offer and the price are not binding on VIGA.

4.3. Unless expressly stated otherwise, the Goods are offered and delivered unassembled.

4.4. Each offer shall contain such information as to make clear to the Customer the rights and obligations associated with the acceptance of the offer, as also defined in Article VI.45 of the Code of Economic Law. These are in particular, but not exclusively: 
- The price including tax
- Any promotions and/or discounts, listed with the Goods concerned
- Any shipping costs
- The method of payment 
- Whether or not the right of withdrawal applies

4.5. If the ordered Goods are unavailable, the Customer shall be informed and may either change or cancel the Order. VIGA shall immediately refund the amount paid by the Customer. VIGA may under no circumstances be held liable for the unavailability of products.

4.6. If VIGA ascertains that an abnormal quantity of Goods has been ordered and therefore has reasonable grounds to suspect that the Customer will resell the Goods (in whole or in part), VIGA reserves the right to cancel the Order. VIGA shall immediately notify the Customer of the withdrawal. In that case, any amounts already paid by the Customer shall be refunded.

4.7. The prices and any discounts stated in the offer shall apply exclusively to the offer in question and shall not automatically apply to the same Goods for subsequent Orders.

5. Formation of Contract

5.1. To purchase any item, the Customer must add it to the shopping basket. The Order process is initiated by clicking the Order button. After this, the Customer must then enter his/her contact details or login details in order to continue through his or her existing account. The Customer then selects the shipping method and payment method. After reviewing the Order summary and agreeing to the general terms and conditions, the Customer accepts the Offer by clicking Pay  now.

5.2. The Contract is only concluded once the Customer receives a confirmation email or electronic Order confirmation from VIGA.

5.3. VIGA reserves the right to request additional information from the Customer for verification purposes and to refuse to fulfil the Order if such information is not provided.

5.4. VIGA shall take appropriate technical and organisational measures to ensure the security of electronic data transfer and of the web environment. If the Customer pays electronically, VIGA will take appropriate security measures for the payment.

6. Prices

6.1. The prices of the Goods are those listed on the website at the time the Customer places an Order.

6.2. . All prices displayed are in euros and include VAT, unless expressly stated otherwise. As VIGA sells Goods to consumers in various EU Member States, VAT is calculated at the rate applicable in the EU Member State where the Goods are delivered (destination country). The applicable VAT rate shall be automatically displayed during the Order process (at the latest before final Order confirmation) and stated on the Order confirmation and/or receipt. If an Order is cancelled, refused or partly or wholly refunded after return, any VAT charged shall be adjusted accordingly. VIGA shall make every effort to display prices and VAT correctly. Obvious oversights, material errors or technical errors (including incorrect VAT rates due to incorrect address information entered by the Customer) shall not be binding on VIGA. .

6.3. All prices of the Goods are net of delivery charges. Delivery charges depend on the country to which the Goods are to be shipped.

6.4. If the Customer incurs additional charges for a particular delivery method other than the standard delivery method, this shall be expressly accepted by the Customer before the Order is placed.

6.5. Before an Order is placed, the total price, including all charges and taxes, shall be available to the Customer and stated in the Order summary on the website.

6.6. If certain Goods are incorrectly priced on the website, VIGA shall contact the Customer in writing once VIGA becomes aware of the incorrect price. The Customer may either purchase the Goods at the corrected price or cancel the Order.

7. Delivery

7.1. VIGA shall deliver the Goods to the specified address within the European Union within four business days.

7.2. The maximum delivery time shall be 30 days. VIGA shall always make every effort to meet these delivery times as closely as possible, but has to take into account the delivery times of its suppliers.

7.3. If VIGA is unable to deliver the Goods within the agreed period, it shall notify the Customer and communicate a reasonable additional delivery period. If it is unable to deliver within this additional period, the Customer has the right to terminate the Contract and cancel the Order.

7.4. With regard to delivery, the Customer may choose between: - Delivery to an address given by the Customer within the European Union; or - Delivery to and collection at a pick-up point of the Customer’s choice.

7.5. The delivery location is the address that the Customer has given to VIGA, provided that this address is located within the European Union. If the Customer gives a delivery address outside the European Union, VIGA may refuse the Order or request.

7.6. If Goods of non-standard dimensions are to be delivered to the Customer, the Customer must ensure that VIGA can deliver the Goods to the agreed location in a normal manner; among other things, it must ensure that the delivery location is accessible. If this condition is not complied with, the Customer is obliged to compensate VIGA for any costs incurred, including waiting times, storage costs and the cost of maintaining the Goods.

8. Guarantee

8.1. The Customer is entitled to the statutory guarantee. This covers any defect or lack of conformity of the Goods that appears within two (2) years of delivery, provided the defect was intrinsically present at the time of delivery.

8.2. The Customer must notify VIGA of the defect by email at the address specified in Article 1.1 within two (2) months of the Customer’s discovery of the defect. After this time, the Customer will lose the right to make a guarantee claim.​

8.3. If a defect occurs within the guarantee period specified in Article 8.1, the Customer must return the defective Goods to VIGA in their original packaging without undue delay, and in any event no later than fourteen (14) days after VIGA has received notification of the defect. The Goods must be sent to VIGA in the same manner as that in which the Customer received them. The return label must be affixed to the packaging of the Goods that the Customer wishes to return. If a claim is found to fall within the scope of the guarantee, VIGA shall pay the return costs.

8.4. After the defective Goods have been returned, VIGA shall, at the Customer’s choice, repair the Goods or send new Goods to the Customer; VIGA shall bear all costs associated with the exchange/repair of the Goods. The Goods can only be replaced and delivered if they are still available from or in stock at VIGA’s suppliers. If, in VIGA’s opinion, the defect is serious, or their repair or replacement is insufficient or impossible, cannot be carried out within a reasonable time or would cause significant inconvenience to the Customer, VIGA shall grant an appropriate price reduction or issue a refund and terminate the Contract.

8.5. VIGA is not liable for any defects in the Goods of which the Customer was aware at the time of purchase, nor can it be held liable for defects that were not intrinsically present on delivery but arose due to the actions of the Customer or a third party.

8.6. VIGA does not guarantee that the Goods are suitable for the specific purposes for which the Customer intends to use them.

8.7. VIGA does not offer any additional guarantees for the Goods regarding quality, performance or other characteristics, durability, functionality, compatibility, accessibility, continuity, security/safety, updates, accessories and attachments other than those included in the product description on the website.

9. Complaints procedure ​

9.1. In the event of any complaint, contact may be made at info@vigastore.eu at customer services by phone on +32 9 396 70 20 or +33 1 86 26 73 99 or via the VIGA contact form.

9.2. Complaints submitted to VIGA must be described fully and clearly in the manner specified above. Article 8.3 must also be observed.

9.3. VIGA is only liable for visible defects in Goods if it is informed of them in writing immediately or no later than seven (7) Calendar Days after delivery. After this period, the defect will be deemed to have been accepted.

9.4. A response shall be made to the Customer regard complaints submitted to VIGA within seven (7) Calendar Days from the date of receipt thereof. If it is clear that a complaint will require a longer processing time, VIGA shall respond within seven (7) Calendar Days with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.

9.5. If VIGA finds a complaint to be justified, Article 8.4 will apply. In that case, VIGA will bear the return costs.

9.6. The Customer may contact the following body to settle the dispute out of court:
Consumer Ombudsman Service
North Gate II K
oning Albert II-laan 8, bus 1 1
000 Brussels ​
contact@consumentenombudsdienst.be
T +32 2 702 52 00
The Customer may also submit his or her complaint to the online dispute resolution platform provided by the European Union: http://ec.europa.eu/odr .

10. Right of withdrawal

10.1. The Customer has a period of fourteen (14) days to withdraw from the Distance Contract without giving any reason.

10.2. The cooling-off period referred to in Article 10.1 commences on the day following the day on which the Customer, or a third party designated by the Customer other than the carrier, physically receives the Goods, either at a collection point chosen by the Customer or at the delivery address specified by the Customer.

10.3. During the cooling-off period, the Customer shall handle the Goods with care. The Customer may handle and inspect the Goods to the extent necessary to determine the nature, characteristics and functioning of the Goods, as would be possible in a physical shop.

10.4. If the Customer exercises his or her right of withdrawal, he or she shall notify VIGA in writing within the period specified in Article 10.1.

10.5. The Customer shall bear the burden of proof with regard to the return and shall provide proof thereof on VIGA’s request.

10.6. The Customer shall return the Goods or hand them over to VIGA as soon as possible, but no later than 14 days from the day following the notification referred to in 10.4.

10.7. The Customer shall return the Goods with all accessories as delivered, in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by VIGA. Returned Goods may only be unpacked or used by the Customer to the extent necessary to determine their nature, characteristics and functioning, as the Customer would be permitted to do in a shop. The Customer is liable for any loss of value resulting from any unpacking or use of the Goods beyond this extent. If the Goods have been used, encumbered or damaged in any way by the Customer, the right of withdrawal as defined in Article 10 will cease to apply.

10.8. The Customer will bear the direct costs of returning the Goods.

10.9. The return of the Goods will be entirely at the Customer’s expense and risk.

10.10. If the Customer exercises his or her right of withdrawal in accordance with the terms of Article 9, the Contract will be validly terminated.

10.11. In the event of withdrawal, VIGA shall refund the amounts already paid by the Customer for the Goods to the credit or debit card used by the Customer for payment within fourteen (14) days.

11. Terms of payment

11.1. VIGA invoices are payable online and shall be paid immediately.

11.2. If the Customer fails to pay, the following rules apply for non-payment of debt by the due date:

• The Customer will receive a first reminder by email providing an additional period of 14 days for payment of the invoice amount.
• If the Customer pays within the aforementioned 14-day period, no additional costs will be charged.
• If payment is not received within 14 days of the first reminder, a second reminder will be sent requesting immediate payment and charging additional costs:
  1. Late payment interest at the reference rate plus eight percentage points as specified in the law of 2 August 2002.
  2. Lump-sum compensation as follows:
     • €20 if the outstanding balance is less than or equal to €150;
     • €30 plus 10% of the debt for the tranche between €150 and €500 if the balance outstanding is between €150.01 and €500;
     • €65 plus 5% of the debt for the tranche above €500, with a maximum of €2,000, if the balance outstanding is more than €500.

11.3. Partial payments by the Customer will always be accepted subject to all reservations and without prejudice, and will be allocated first to the collection costs, damage and accrued interest, and finally to the oldest outstanding principal amount.

11.4. If VIGA has multiple debt claims against the Customer, these constitute a single and indivisible claim in respect of which VIGA may exercise its rights.

11.5. If the Customer is in default, VIGA is entitled to suspend the delivery of specific Goods until the Customer has met all his or her payment obligations in full, after which a new delivery date will be determined at VIGA’s discretion.

11.6. If the Customer fails to pay, or to do so in a timely manner, VIGA has the right, at its discretion and to the extent legally permitted, to: - demand performance of the Contract and payment in full of all amounts due (principal, interest, damages and costs), without being obliged to take back the Goods; or - terminate the Contract and, if and to the extent the Goods can still be used by VIGA for its own purposes, reclaim the Goods, while retaining the right to compensation for costs, interest, damages and loss of value.

11.7. If the Customer enters into any form of financing to pay the price of the Goods, this is for information purposes only and does not imply that the Contract was entered into subject to any suspensive condition.

12. Transfer of ownership and risk

12.1. Notwithstanding Article 1583 of the former Civil Code, ownership of the Goods will only be transferred after the Customer has paid in full all amounts due, including costs, interest and damages, even if these relate to arrears with respect to other orders from the same Customer, and regardless of whether these services and/or Goods have already been integrated with other items of the Customer.

12.2. For the Contract under which VIGA sends the Goods to the Customer, the risk of loss or damage to the Goods will pass to the Customer once the Customer or a third party designated by the Customer, other than the carrier, has physically taken possession of the Goods.

13. Liabilities and responsibilities

13.1. Any compensation for which VIGA is liable will never exceed the cover provided under the third-party liability insurance. If the annual cover limit has been reached or the third-party liability insurer does not pay any compensation, liability will be limited to the value stated on the invoice or quotation.

13.2. VIGA is not liable for errors committed during the performance of the Contract with the Customer, except in the event of non-performance of essential obligations set out in the Contract (except in the event of Force Majeure) or intentional errors, fraud, deceit or gross negligence on the part of VIGA or its employees.

13.3. VIGA cannot be held liable for indirect damages, such as, but not limited to, loss of revenue or profit, loss of a Customer, or any consequential damages, nor can VIGA be held liable for improper use, work performed by a third party, the Customer’s own repairs, etc.

13.4. VIGA’s liability that falls within the scope of the guarantee case as described in Article 8 is limited to the replacement or repair of the Goods, without any additional compensation being payable.

13.5. Within the limits defined by law, the Customer may not hold VIGA or any of VIGA’s agents liable on a non-contractual basis.

13.6. VIGA is not liable for any damages if it has based its actions on information provided by the Customer or by third parties that proves to be incorrect or incomplete.

14. Force Majeure

14.1. Either party is automatically released from and not obliged to meet any obligation to the other party in the event of Force Majeure. Force Majeure includes, but is not limited to: power cuts, a supplier’s shortages, internet outages, loss of goods due to accidents, strikes or lockouts, fire, absenteeism due to illness, telecommunications disruptions, errors or delays attributable to third parties.

14.2. In the event of Force Majeure, the parties’ obligations will be suspended. If the Force Majeure situation lasts longer than 60 days, either party is entitled to terminate the Contract in writing. Any Goods already delivered will be invoiced at the usual prices, on a fair and reasonable basis.

15. Processing of personal data

15.1. In the context of its sale of Goods, VIGA will obtain the following data from the Customer: first name, surname, address, telephone number(s), email address(es). VIGA will obtain these personal data pursuant to an Order placed by the Customer. 15.2. These data will be stored in VIGA’s databases. ​

15.2. These data will be stored in VIGA’s databases.

15.3. The Customer’s data will be processed lawfully, fairly and transparently. Processing will take place solely for the purpose of the collaboration with VIGA.

15.4. The data will be kept for 7 years after the termination of the collaboration with VIGA. 

15.5. The data subject (Customer) has the following rights with regard to the data: - the right to inspect the data;
- the right to correct the data;
- the right to have the data erased;
- the right to restrict the processing of the data;
- the right to data portability;
- the right to object to the use of the data for marketing purposes.

16. Invalidity

The invalidity of all or any part of a provision does not affect the validity of all or any part of the other provisions. 

17. Balanced Contract

17.1. The parties declare that each clause is genuinely intended by the parties and does not create any real or apparent imbalance between the parties’ rights and obligations.

17.2. The parties also declare that all circumstances, advantages, rights and obligations of the parties were taken into account in the drafting of these conditions. This implies, for example, that an amendment of a specific term may affect the pricing.

18. Language and interpretation

18.1. These terms and conditions are available in Dutch, English and French.

18.2. Each VIGA Contract shall be interpreted in accordance with the intention of the parties and the spirit of the Contract, or as closely as possible thereto.

19. Applicable law, jurisdiction and judicial competence

19.1. All contracts to which these general terms and conditions apply, as well as any other contracts arising from them, are governed exclusively by Belgian law, unless otherwise stipulated by mandatory legal provisions.

19.2. The application of the Vienna Sales Convention of 11 April 1980 is expressly excluded.

19.3. The competent courts of the judicial district where VIGA’s registered office is located have jurisdiction to hear any dispute arising from or related to the Contract, without prejudice to any mandatory legal provisions to the contrary.