General terms & conditions

Terms of use

By using this website and/or placing an order through the webshop you agree with the general terms and conditions as described below.

Parties to this agreement

In this agreement we refer to Distinto bvba as “Off The Shelf Shop”  (commercial name) with registered office at Nieuwbrugkaai 99, 9000 Ghent.
T: +32 496.26.67.19
E: cindy@citi-interiordesigner.be
VAT: BE 0833.365.503

In this agreement we refer to “Customer” as any private individual, institution or company that has access to, makes use of or orders on this website.

Scope of Application

Every order implies the agreement by the Customer of these terms and conditions, which in their totality form part of the agreement with Off The Shelf Shop, to the exclusion of all other general or specific terms and conditions on the side of the Customer unless otherwise explicitly agreed in writing.

Acceptance

The Customer explicitly acknowledges that he has read these terms and conditions and fully accepts these terms and conditions without reservation.

The Customer agrees that the general terms and conditions are written in English and that he understands the content of it.

Use of this website

All services on www.offtheshelf.gent, www.citi-interiordesigner.be, www.citi-interior.beare intended for customers which are located in the European Union countries or in Norway or Switzerland. All orders from outside the above mentioned geograpihical areas, should be done by e-mail.Distinto bvba (Off The Shelf Shop) will reply to those requests by e-mail with all the information on prices and conditions that apply. The customer declares that he/she is over the age of eighteen when placing an order.

If you have any questions or comments about Distinto bvba (Off The Shelf Shop), your order or the products and services we provide, please call us on +32 496 26 67 19 or send an e-mail to info@offtheshelf.gent

Severability Clause 

Parties acknowledge that the invalidation of a clause in these general terms and conditions does not invalidate the entire agreement. If an article is declared illegal and void, the other articles remain in full force.

Content 

All products, text, images, descriptions, data, and other material provided on the website www.offtheshelf.gent, www.citi-interiordesigner.be, www.citi-interior.beor in the shop, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." 

The Content may contain errors, omissions, or typographical errors or may be out of date. Distinto bvba has the right to change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding. Unless otherwise noted, the content of this website including brands, images, logos, drawings, sound, data, product- or company names, text, etc. is protected by worldwide copyright and other proprietary laws and treaty provisions.

Quotes and acceptance of orders

All offers and quotes are obligation free. An order is only binding when it is explicitly accepted by Distinto bvba (Off The Shelf Shop) in writingor once it has begun to be processed.  Information related to products and prices, as well as the detailed order information, is compiled and distributed subject to changes and corrections.

Delivery

Stated delivery times are not binding unless they are expressly agreed as binding. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation, but it is explicitly stated that the delivery dates are non-binding and are given by indication only.  Therefore, Distinto bvba (Off The Shelf Shop) is not responsible for delays in delivery and any delay in delivery dates will not entitle the Customer to claim any compensation, to refuse the delivery or to entirely or partly cancel the agreement or entirely or partly suspend the fulfilment of any obligation of the Customer under the agreement.

The Customer bears all risks if an error in the delivery address should occur. In such case, Distinto bvba (Off The Shelf Shop) is entitled to claim additional costs.

Unless otherwise confirmed in writing, prices do not include transport and delivery costs of the goods to the Customer. The costs for transport and delivery are indicated separately. Delays in delivery do not constitute grounds for termination of the agreement or for the payment of damages to the Customer.

Distinto bvba (Off The Shelf Shop) reserves the right to carry out partial deliveries. In the event of a partial delivery, the Customer is not entitled to refuse delivery. In the event of non-delivery of the goods due to a material breach by Distinto bvba (Off The Shelf Shop), any amount paid by the Customer will be reimbursed without interest or other compensation.

The Customer must ensure that the goods can be delivered and/or installed by Distinto bvba (Off The Shelf Shop) in a normal manner at the agreed place and time, and thus ensure amongst other things that the place of delivery is accessible. If these conditions are not met, the Customer is required to compensate Distinto bvba (Off The Shelf Shop) for all damages, including waiting time, to reimburse storage costs and costs for the preservation of the goods. In case of an unreasonable refusal of delivery, no reimbursement to the Customer will take place and Distinto bvba (Off The Shelf Shop) is entitled to sell the goods to a third party.

Delivery will only take place if full payment is received for the principal, interest and applicable charges.

Furniture will only be delivered to the ground floor at the entrance of the house/building, performed by 1 person/driver, unless otherwise confirmed in writing.

Returns & Cancellation

Under regulation of the Belgian Law on trade and the information and protection of consumers of 14 July 1991, the purchaser is allowed to inform the seller that he/she has decided not to proceed with the purchase within 14 working days of receipt of the item.

Most items can be returned within 14 calendar days after order or exchanged for another item in the Off The Shelf Shop.  
The customer can return the item in the store or by mail to the following return address: 
Off The Shelf Shop, Onderstraat 33, 9000 Gent.
The shipping costs to return the item are at buyer’s charge.
The customer is refunded at choice or receives a voucher.

The Customer is requested to return the items in their original condition and packaging, with all accessories supplied there, and instructions for use. If the returned product has been reduced in value in some way, Distinto bvba (Off The Shelf Shop) reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods resulting from the use of the goods by the Customer. 

Distinto bvba (Off The Shelf Shop) reserves the right to reject returned items or refuse a refund if the items have been damaged by the customer or if they are not returned in accordance with our Return Policy.

The right to cancel or return does not exist for goods that are made to the consumer's specifications or are clearly personalised.

The right to return does not exist for goods that are in the outlet section.

Right of ownership

All delivered goods remain the property of Distinto bvba (Off The Shelf Shop) until the invoice is paid in full, including all costs and taxes, interest and fees.  In the event of non-payment, Distinto bvba (Off The Shelf Shop) reserves the right to reclaim the goods by operation of law at the Customer's expense.

Complaints

In order to be admissible, complaints must reach Distinto bvba (Off The Shelf Shop) : (a) in the case of complaints related to non-conformity of deliveries, within eight (8) days following receipt of the goods and (b) in the case of hidden faults, within eight (8) days following the discovery of the fault or the moment by which time such a discovery could reasonably be expected to have taken place. Acceptance of the goods by the Customer covers every possible fault or non-conformity observable at that time.

Warranty

Our warranty is limited to the legal warranty as well as the manufacturer’s guarantee, whose scope and duration varies according to the product and brand. Distinto bvba (Off The Shelf Shop) may only be held liable for damage in the event of gross negligence. Distinto bvba (Off The Shelf Shop) is not liable for any indirect damages whatsoever which may have been occurred to the Customer.

Distinto bvba (Off The Shelf Shop) shall under no circumstances accept liability for any failure on the part of its supplier to meet its warranty obligations.

Guarantees do not cover the replacement of consumables (batteries, bulbs, etc.), abnormal or inappropriate use of products, defects and their consequences associated with the use of the product other than for its intended purpose, or defects and their consequences associated with any external cause.

Products may only be returned with prior authorization from Distinto bvba (Off The Shelf Shop) . After Distinto bvba (Off The Shelf Shop) has given its written approval, the product will be replaced or refunded, depending on the availability of similar products and the Customer’s wishes. Articles under guarantee will only be taken back if accompanied by an invoice.

Force majeur

Distinto bvba (Off The Shelf Shop) is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside its normal control, including but not limited to  production interruptions, difficulties in acquiring or shortages of raw materials, workforce, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether or not they are directly related to ourselves or our suppliers and this even in the event these events are foreseeable.

Prices and payment

All products offered by Distinto bvba (Off The Shelf Shop)  on this website are described as accurately as possible. The price offers and product prices are the prices displayed for the item on the website at the time of ordering. In case of a price error, Distinto bvba (Off The Shelf Shop)  reserves the right not to honor pricing errors on this website, either in store when accepting an order on-line. In the case where an order placed on-line contains a pricing error, the customer will be contacted and the order will be cancelled. Any payments that have been authorized for that specific order will immediately be reversed.

Invoices are payable in full to our head office at Nieuwbrugkaai 99, 9000 Ghent, Belgium by the due date and without discount unless otherwise indicated on the invoice. When an order is placed on this website, the binding agreement between the Customer and Distinto bvba (Off The Shelf Shop)  is reached when the Customer receives an order confirmation e-mail in which the availability and estimated delivery time are confirmed. Unless otherwise agreed by Distinto bvba (Off The Shelf Shop) , payment must be received by Distinto bvba (Off The Shelf Shop) prior to acceptance of an order. Distinto bvba (Off The Shelf Shop)  reserves the right toreject any order at its sole discretion.

In order to be admissible, all complaints related to invoices must be formulated in detail and sent by registered mail within three (3) days following receipt of the relevant invoice.

In the case of late payment, interest will be charged on the invoice amount owing by operation of law and without the necessity of any prior notice of default at a rate of 1% per month from the invoice date. In the event of non-payment and in the event a reminder sent by normal post has not been effectual within 14 days, a fixed fee will be payable equal to 10% of the amount owing.

We reserve the right in the event of non-payment of an invoice in part or in full by the due date or in the event of any other breach of the Customer's obligations with respect to the agreement, to suspend the execution of or immediately terminate all agreements with the Buyer by operation of law, without implication of default and without the need for any judicial intervention and to demand payment of all amounts owing, even with respect toinvoices not yet past due, or to deliver goods only upon payment in cash, notwithstanding any earlier agreements or any other rights to which we may be entitled.

Not immediately responding to any shortcoming on the side of the Customer can in no way be considered as a relinquishment of our right to pursue this shortcoming at a later date.

Liability

Distinto bvba (Off The Shelf Shop)  makes great efforts to ensure that all the information on this website is complete, correct, accurate and up-dated. Despite these efforts , inaccuracies can always occur in the given information. Should the rendered information contain inaccuracies or should specific information on or through the website not be available, Distinto bvba (Off The Shelf Shop)  will put the greatest effort in order to rectify this as fast as possible.

However, Distinto bvba (Off The Shelf Shop)  cannot be held liable for direct or indirect damage which results from the use of the information on this website. Should you find any inaccuracies in the information placed at the customer’s disposal through this website, please contact the website administrator at info@offtheshelf.gent

The content of the website (links included) can be adjusted, altered or completed at all times without any prior notice. Distinto bvba (Off The Shelf Shop)  will not guarantee the proper functioning of the website and cannot be held liable in any way for bad functioning or a temporary (in)availability of the website or for any form of direct or indirect damage, which would result from the access to or the use of the website.

On no account can Distinto bvba (Off The Shelf Shop)  be held liable against anyone in direct or indirect, particular or other way for damage caused by the use of this website or other, especially as a result of links or hyperlinks including and without any restriction, every loss, work interruption, damage done to programs or other data of the computer system, software of or other of the user.

The website may contain hyperlinks or pages of third parties or may refer indirectly to these pages. Setting up links to these websites or pages on no account implies the implicit approval of their contents. Distinto bvba (Off The Shelf Shop) explicitly declares it has no authority over the contents or the other characteristics of these websites en can on no account be held liable for their contents or their characteristics or for any other form of damage as a result of its use.

Privacy

All orders from www.offtheshelf.gent, www.citi-interiordesigner.beor www.citi-interior.be imply the explicit permission of the Customer to allow the processing and use of his/her personal information for such purposes as administration of a customer database, the management of orders, deliveries and invoices, solvency checks, marketing and advertising. The processing of such information for marketing purposes and individual advertising will only take place upon the Customer's explicit declaration of agreement during the ordering process. Distinto bvba (Off The Shelf Shop)  will not be permitted to transfer this information to third parties. The Customer has the right to view and correct all information. The Customer also has the right at all times to oppose the processing of his/her personal information for direct marketing purposes and this without personal cost. For more information, the Customer is invited to consult the public register held by the Privacy Protection Commission in Brussels.

Proof

All Parties accept the validity of electronic proof in the framework of their relations (e.g. e-mail, backups, etc.).

Severability

If any article of these terms and conditions is declared null and void, this invalidity shall not affect the validity of the remaining articles.

Jurisdiction

All agreements concluded with Distinto bvba (Off The Shelf Shop)  are subject to Belgian law. Any dispute related to this website, its services or these terms & conditions shall be settled by the Court of Ghent, Belgium.