Take Notice of Erra Design's TERMS & CONDITIONS to know more about your rights
This website is operated and maintained by the company Erra Design, and the legal information of the seller is as follows:
Erra bv
Knokkestraat 42
8301 Knokke-Heist
Belgium
Phone: +32 (0) 50 66 67 63
VAT: BE 0820 709 575
1° Description of the products
The products presented for sale are described in the catalogues accessible to the customer in our showroom. They are partially presented on the website with due diligence, accompanied by photographs, and include specific details such as brand, model, dimensions, materials, finishes, and colors.
The seller commits to ensuring that the provided descriptions accurately represent the products. However, the seller shall not be held liable for any errors in the descriptions. Should any discrepancies arise, the buyer may seek recourse as outlined in Article 5° of these terms and conditions.
Certain products are available for viewing at the showroom located at Knokkestraat 42, in Knokke-Heist.
2° Website Access, Content, and Use
The information published on the website is subject to regular updates and diligent checks. The seller shall not be liable for any errors present on the site.
Furthermore, the seller shall not be held responsible for any direct or indirect damages arising from the access to or normal use of the website, nor for any damages caused by viruses or other harmful elements affecting the customer's computer equipment.
The seller shall not be held liable for any damages resulting from the unauthorized use of the website.
3° Intellectual Property Rights
All components of the website, encompassing visual and audio elements, along with the underlying technology, are safeguarded by copyright, trademarks, patents, and broader intellectual property rights. Unauthorized utilization, modification, copying, or reproduction of said elements is strictly prohibited without obtaining the explicit consent of the rightful owner.
4° Severability
If any provision of this contract is found to be invalid or unenforceable due to a change in legislation, regulations, or a court ruling, such invalidity shall not invalidate the entirety of the other provisions within these terms and conditions.
The remaining clauses shall continue to hold full force and effect.
5° Term
These present terms and conditions govern all contracts entered into during the entire duration in which they are accessible on the website. In the event of any modifications, the updated conditions shall be communicated on the website and shall apply to all contracts entered into from the moment the revised conditions are made accessible on the site.
6° Record Keeping and Archiving of Transactions - Evidentiary Value
The computerized registers, meticulously maintained within the seller's computer systems under appropriate security measures, shall be deemed as valid evidence of communications, orders, and payments between the parties. The archiving of order forms and invoices is conducted using a dependable and durable medium.
SALES TERMS & CONDITIONS
1. General Provisions
These Sales Terms & Conditions govern any order placed and any sale concluded between us, hereinafter referred to as "Erra Design" or "we, our..." and you, hereinafter referred to as "the customer" or "you, your...".
The location of sales transactions is deemed to be Knokke-Heist, Belgium. By placing an order, the customer expressly acknowledges having thoroughly read, comprehended, and unconditionally accepted the stipulated conditions of sale set forth below.
It is to be noted that the possible invalidity of any individual clause within these general conditions shall not, in any manner, render the entirety of the general conditions null and void.
The provisions highlighted in bold font within these general conditions exclusively apply to customers falling within the definition of consumers as defined under the Code of Economic Law.
The ensuing details are disclosed in these terms and conditions, the order form, or any offers proffered by us:
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The primary characteristics of the product, to the extent appropriate and applicable to the means of communication employed and the specific product under consideration.
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Precise identification details of Erra Design, encompassing its business number, company name, geographical address of its establishment, and contact telephone number.
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The comprehensive price of the product, inclusive of all applicable taxes, and a transparent delineation of any extra services or charges to be borne by the consumer. In cases where the price cannot be reasonably ascertained beforehand due to the nature of the product, an explanation of the price calculation methodology shall be furnished, along with an indication of any potential additional costs pertaining to transportation, delivery, or postage. When the precise calculation of such costs is infeasible in advance, a clear mention of the possibility of these expenses being incurred shall be provided.
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As applicable, a presentation of the terms governing payment, delivery, and performance, along with the conditions stipulated by the company concerning the resolution of complaints. It is incumbent upon any customer intending to utilize the ordered goods for a particular purpose to duly notify the same at the earliest, precisely when placing the order.
2. Intellectual Property
The exclusivity of our ownership extends to our offers, catalogues, names utilized, and any accompanying drawings and models. Under no circumstances shall they be partially disclosed to third parties without our explicit and prior authorization, nor shall they be reproduced or utilized in any manner, lest damages be incurred, which shall be fixed at a minimum rate of 12% of the order's value.
3. Orders
Orders directed to our entity become legally binding only upon our acceptance. Each order submission must entail the specified name and item number from the supplier's catalogue, accompanied by the respective price.
Regarding raw materials of natural origin implemented in our production processes (e.g. wood, marble,.. ), an absolute resemblance concerning color and veining cannot be guaranteed. This applies both to sample orders and restocking scenarios. Any variations in these aspects shall not serve as grounds for order cancellation, sale annulment, or price reduction.
4. Amendments to orders
Modifications to an existing order initiated by the customer necessitate our prior written consent. Acceptance of such modifications is contingent upon their non-interference with ongoing production or the stock's availability. If approved, the alterations might result in revised price quotations, with the customer duly notified beforehand. The customer reserves the right to retract their request for modification if deemed necessary.
5. Delivery
Upon the client's request, Erra Design shall provide removal and installation services performed by professionals with whom they have an established working relationship, for each order of goods.
The fixed costs for such services will be explicitly stated in an estimate accompanying each order, and these costs may vary depending on the delivery and/or assembly location.
These services are made available throughout Belgium and neighboring countries.
The client shall be invoiced at a rate of €1.20 per kilometer, excluding VAT, with the distance calculated from the depot address in Machelen, or from the showroom address at 42 Knokkestraat - 8301 Knokke-Heist, in the case of goods already present on-site.
For deliveries involving goods above the 2nd floor, a lift will be made available at the client's expense. Conversely, for deliveries to lower floors, an elevator shall be utilized where available and feasible; however, in its absence or if deemed impracticable, the option of utilizing the stairwell shall be pursued.
In the event that the stairwell option is not viable, an alternative lift service shall be extended to address such delivery scenarios.
For goods delivered in Belgium requiring assembly, the costs will be communicated after a detailed estimate is established, which will vary based on the nature of the goods.
In the event of any damage, the client must promptly report any concerns upon receipt of the goods to the deliverers, who will then convey the information to Erra Design.
Alternatively, the client may directly approach Erra Design to address such issues.
Any complaints regarding the delivery must be expressly noted and recorded on the delivery note or supported by tangible evidence, provided as soon as possible after the goods' receipt.
The return of the delivery slip, stamped and signed by the client, will serve as a final receipt, acknowledging acceptance of apparent defects.
The client is obligated to inform Erra Design in advance regarding the layout of the reception area and any necessary arrangements required to ensure a smooth reception.
If the client reserves an installation, and it is later deemed unjustified based on personnel and truck movement, the costs associated with such unnecessary arrangements will be borne by the buyer.
These costs will be determined based on the distance traveled to the destination and will be applicable for subsequent deliveries.
The client is responsible for reserving the necessary places for unloading the goods. For deliveries and assemblies outside Belgium, estimates will be provided on a case-by-case basis.
The risk of loss or damage to the goods shall transfer to the customer when they, or a third party designated by the customer other than the carrier, physically possess the goods.
However, if the customer has commissioned the carrier to transport the goods and the choice of carrier was not made by Erra Design, the risk of loss or damage transfers to the non-consumer customer upon the goods' departure from the warehouse or the Erra Design showroom.
6. Delivery Times
Delivery times are provided solely as approximations based on information received from Erra Design's suppliers and shall not be construed as firm commitments.
We shall not be held liable for any delays in delivery or failure to fulfill orders under the following circumstances:
(a) If the customer has failed to comply with the payment conditions specified in our order confirmation, or
(b) If essential information required for the order's execution is not furnished in a timely manner (e.g., precise specifications regarding fabric qualities and colors for upholstery) or if such information is inaccurate or insufficiently detailed, or
(c) If the delay or inability to fulfill the order results from force majeure, scarcity of stock from our own suppliers, or any other cause beyond our reasonable control.
In all instances, our liability shall be restricted to the total value of the order and the costs paid by the customer.
7. Logistics And Storage
Unless specific circumstances arise, which will be communicated to the customer when applicable, items purchased in the showroom must be either retrieved by the customer or delivered to the customer within a prescribed period of two weeks.
Upon the expiration of the aforementioned two-week period, the client shall incur a storage fee amounting to €15 per cubic meter per month, with any fraction of a month being considered due.
Erra Design shall promptly notify the client upon the arrival of the order. Subsequently, the parties shall mutually agree upon a delivery date, with such agreement being reached within a maximum of 14 calendar days, unless otherwise arranged by the parties.
In the event that the client requests a postponement of the delivery date, the goods shall be deemed delivered on the date specified in the order confirmation.
In the event that the client fails to take possession of the ordered goods or if the delivery cannot be executed within the stipulated timeframe due to the client's own negligence or refusal, Erra Design shall issue an invoice for €15 per cubic meter per month (with any fraction of a month being considered due), and such storage shall be at the client's own risk.
8. Deposit Invoice
In the event of the customer placing an order for one or more items, a deposit invoice shall be duly issued, incorporating the particulars provided by the customer.
The validation of said order shall necessitate the settlement of a deposit amounting to 40% of the total order value.
9. Payments
The balance invoice shall be issued concurrently with the delivery appointment, and the sums indicated therein shall be due for payment upon receipt of the invoice.
In circumstances necessitating adjustment, addition, or replacement of any deficient or defective component, a maximum deduction of 10% from the value of the pertinent goods may be applied, unless such goods are rendered unfit for their intended purpose.
In the event of delayed payment, the purchaser shall invariably be held accountable for interest on late payment, accruing at a rate of 10% per annum commencing from the day following the date of the balance invoice.
Furthermore, a penalty equivalent to 10% of the sale price shall also be incurred.
10. Legal Warranty & After-Sales Services
Unless expressly stipulated otherwise in a separate agreement with us, the customer shall solely avail themselves of the legal warranty protection as outlined in articles 1649 bis and subsequent provisions of the Civil Code.
For non-consumer customers, warranty coverage is restricted to the terms specified in articles 1649a and subsequent provisions of the Civil Code, except when more restrictive conditions are prescribed by the original factory warranties or those of Erra Design's suppliers.
These warranties are exclusively applicable within the territorial boundaries of the European Union.
In cases involving requests for repair, support, or quotations, a fixed sum shall be payable and invoiced, except in instances where the items are covered by the manufacturer's warranty.
11. Circumstances of Insolvency and Retention of Ownership
Should the client be subject to payment suspension, bankruptcy, liquidation, provisional administration, or any other actions impeding the client's unfettered disposal of assets, the sale shall be automatically and mandatorily voided by operation of law upon the occurrence of any such event, unless we explicitly notify the client of our intention to uphold the sale.
Notwithstanding the aforementioned, it is expressly declared that all goods ordered and/or delivered shall continue to be the exclusive and absolute property of Erra Design until such time as full payment of any outstanding balances owed by the client to Erra Design is satisfactorily effected, irrespective of the underlying grounds for such indebtedness.
12. Return Policy
Returns are strictly prohibited without obtaining our explicit and prior consent, which also encompasses specific return instructions.
13. Applicable Jurisdiction
The relationship and all contracts entered into with Erra Design shall be governed by Belgian law.
Any disputes arising from the validity, interpretation, or execution of the contract that cannot be resolved through amicable means shall be subject to the exclusive jurisdiction of the competent court in the judicial district of Oost-Vlaanderen, unless alternative arrangements are mandated by compulsory provisions or public policy.