Customer Service

General Terms & Conditions

A. Application area

All commercial transactions between private limited liability company "Topfanz BV", having its registered office at Industriepark 1227, 3545 Halen, Belgium, and listed in the Hasselt's Trade Register under VAT number BE 0507.830.038 (hereinafter: "Topfanz BV") and the customer, as closed via the website http://shop.rsca.be (hereinafter: "website") and/or closed at Topfanz BV's registered office, are subject to present general terms and conditions. Topfanz BV is a wholesale business specialized in fan merchandising products (hereinafter referred to as "products") which are being sold to both consumers and professional customers via its website on the one hand and via its registered office on the other hand.

By placing an order/purchase the customer declares to have taken notice of and to have accepted Topfanz BV terms and conditions. Given terms and conditions shall take precedence over any terms and conditions of the customer, even in case of the latter considering itself as the only actor.

Given terms and conditions do not affect the customer's legal rights in accordance with the Belgian law regarding consumer protection.

The nullity of one or more provisions of these general conditions shall have no effect on the validity, scope or binding character of the remaining provisions. In case of nullity of one of the provisions, Topfanz BV and the customer will negotiate, to any extent possible and in accordance with their loyalty and conviction, in order to replace the nullified provision by an equivalent provision which meets the scope of given terms and conditions.

The fact that Topfanz BV ignores to demand the strict application of one of given terms and conditions cannot be considered as a tacit renunciation of the rights allocated to Topfanz BV by virtue of given terms and conditions and does not prevent Topfanz BV of demanding the strict application of said provisions later on.

Topfanz BV reserves the right to update or amend these terms and conditions at any given time. It is therefore the customer's responsibility to check the terms and conditions regularly for any changes.

B. Offer

Catalogues, newsletters, notes, leaflets, promotional publications are not to be considered as binding offers for the described or depicted products. Topfanz BV offers are without engagement and only to be considered as an invitation towards the customer to purchase or place an order, unless explicitly specifically specified otherwise. An offer is valid for a particular order and therefore does not automatically apply to further similar orders. Offers only concern the products which are specifically mentioned. Each offer is valid for 30 calendar days, unless specified otherwise on the offer.

C. Purchase and cancellation

An agreement concluded at the registered office becomes enforceable when the order form has been signed by both the customer and a representative of Topfanz BV or when Topfanz BV has started the execution of the agreement.

The purchase, made via the website, becomes enforceable when the customer receives a confirmation email from Topfanz BV. Said confirmation email is being sent by Topfanz BV after receipt of payment for the order by the customer. Any changes or additions after the enforcement of the agreement are only valid after written consent of both parties amongst other regarding payment conditions and completion of the deadline.

In the event of cancellation of an order, the rights and obligations of Topfanz BV and the customer shall be determined in accordance with applicable law and the terms of the agreement.

Nothing in these terms and conditions limits the consumer's statutory right of withdrawal or any other mandatory consumer right.

Where a customer cancels an order outside a statutory right of withdrawal, Topfanz BV may claim compensation only where such compensation is permitted by applicable law and is proportionate to the actual loss suffered, taking into account the circumstances of the cancellation. No compensation shall be charged where prohibited by law.

Topfanz BV reserves the right to ask additional information about the customer and his activities for the safety and security of the customer and by lack hereof refuse the processing of the order. Also orders of which it is clear that the customer has the intention to resell the products can be refused by Topfanz BV.

If Topfanz BV is unable to fulfil an order, including because a product is unavailable, Topfanz BV shall inform the customer without undue delay.

The delivery period indicated on the website or in the order confirmation is the period within which Topfanz BV expects to deliver the order. Topfanz BV shall make reasonable efforts to meet the stated delivery period and shall inform the customer without undue delay of any significant delay.

D. Right of withdrawal

The consumer has the right to withdraw from a purchase made via the website within 14 calendar days, without giving any reason and without incurring any penalty, except for the costs expressly provided for by law.

The withdrawal period expires 14 calendar days after the day on which the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods. Where an order consists of several goods delivered separately, the withdrawal period expires 14 calendar days after the day on which the consumer takes physical possession of the last good.

To exercise the right of withdrawal, the consumer must inform Topfanz BV of their decision to withdraw from the agreement by means of an unequivocal statement, for example by email or by post, or by using the online withdrawal function made available on the website.

The consumer may use the model withdrawal form provided by Topfanz BV, but is not obliged to do so.

The consumer must send back or hand over the goods to Topfanz BV without undue delay and, in any event, within 14 calendar days from the day on which the consumer communicates their decision to withdraw. The deadline is met if the goods are sent back before the 14-day period has expired.

The consumer shall bear the direct cost of returning the goods, unless Topfanz BV has agreed to bear these costs or has failed to inform the consumer that the consumer is responsible for them.

The consumer is responsible only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Following a valid withdrawal, Topfanz BV shall reimburse all payments received from the consumer, including the costs of standard delivery, without undue delay and no later than 14 calendar days from the day on which Topfanz BV is informed of the consumer's decision to withdraw. If the consumer expressly chose a delivery method other than the least expensive standard delivery offered by Topfanz BV, any additional delivery costs need not be reimbursed.

Topfanz BV may withhold reimbursement until the goods have been received back or the consumer has supplied evidence of having sent back the goods, whichever occurs first.

The reimbursement shall be made using the same means of payment as used for the initial transaction, unless the consumer expressly agrees otherwise. The consumer shall not incur any fees as a result of the reimbursement.

The right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised, or to other goods and circumstances for which the law expressly excludes the right of withdrawal.

The right of withdrawal does not apply to purchases made by professional customers acting for purposes relating to their trade, business, craft or profession, subject to applicable law.

Nothing in this section limits any mandatory rights granted to consumers by applicable law.

E. Price

All prices are in Euros and are inclusive of Belgian VAT and exclusive of delivery costs, shipping costs or other administrative costs, unless explicitly specified otherwise. Delivery costs will always be mentioned separately.

In case of an order/purchase via the website the products are sold at the prices as mentioned on the website at the moment of online purchase.

As far as the prices are based on the valid height of labour costs, social contributions, transportation costs and insurance premiums, prices of raw materials, costs of materials and parts, exchange courses and/or other expenses and one or more of given factors increases or decreases, Topfanz BV is entitled to the right to raise or lower its prices accordingly and in accordance with the legally mandated standards.

F. Advance payment

In case of purchases at the registered office Topfanz BV always reserves the right to (i) request 50% of the total amount in advance payment or (ii) request full payment by the customer before processing the agreement.

G. Delivery

Where a delivery deadline has been agreed, the order shall be delivered within that deadline, subject to applicable law. If Topfanz BV fails to deliver within the agreed period, the consumer may request delivery within an additional period appropriate to the circumstances. If Topfanz BV still fails to deliver within that additional period, the consumer may terminate the agreement and obtain reimbursement of any amounts paid, in accordance with applicable law. Where the law permits immediate termination, the consumer may exercise that right without granting an additional period.

Nothing in these terms and conditions excludes or limits the consumer's statutory rights in the event of non-delivery, delayed delivery or non-performance.

In the case of an online purchase by a consumer, the risk of loss of or damage to the goods shall pass to the consumer when the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods. Where the consumer independently commissions a carrier that was not offered by Topfanz BV, the risk shall pass in accordance with applicable law.

Any delivery restrictions, applicable delivery charges and relevant delivery conditions shall be communicated to the customer clearly before the order is placed.

If an order is placed at Topfanz BV's registered office, the delivery shall take place EX WORKS (Incoterms 2010), both when the customer collects the product at the registered office, as well as when the product is delivered at the address specified by the customer. The passing of risk for damages, lesions and vanishes concerning the goods shall occur when the customer collects the goods at Topfanz BV's registered office respectively at the moment when they are cleared for transport by Topfanz BV.

In case of a purchase via the website, all goods shall be DELIVERED AT PLACE (Incoterms 2010), at the address specified by the customer. In absence of the customer at the time of delivery, a note shall be left by the transport service. Said note shall contain the message that the order can be collected at the mentioned post office.

In case of refusal of the order by the customer at the date of delivery or when the order is not collected within the term specified in aforementioned note, the order shall be returned to the registered office of Topfanz BV. The returning costs, as well as all additional costs resulting from this situation (such as but not limited to customs charges, taxes, VAT, storage costs) are at the customer's expense.

There can always be an overproduction of up to 10%. Topfanz BV will always invoice the exact delivered amount. The customer will accept the invoice and pay the invoiced amount.

The time of delivery depends on the country of origin. A normal item is delivered within a week and personalised item within 2 weeks outside of Belgium. Delivery in Belgium takes place within 2-3 working days after ordering, for personalized items 3-4 days may be needed. Customers will be notified via email if an order will arrive late.

H. Payment and late-payment charges

For purchases made at Topfanz BV's registered office, the payable amount is invoiced by Topfanz BV to the customer. Said invoice is due 14 working days following the invoice date, unless specifically mentioned otherwise on said invoice. Invoices can only be protested in writing, by means of a registered letter within 5 calendar days following the invoice date. Said letter shall mention the invoice date, number and a detailed motivation. For every entirely or partially outstanding invoice on the due date, a default interest of 1% per month must be paid. In this case every started month shall be considered as passed. In addition, and without prior notice, the outstanding amount shall be raised by 10% of the invoice amount with a minimum of fifty Euros (€50) (excl. VAT), as a capital benefit, without prejudice to the right of Topfanz BV to claim higher damages.

In case of persistent default by the customer to settle one or more outstanding accounts, Topfanz BV shall reserve the right to instantaneously cancel any further delivery or execution and to consider other orders as cancelled without any proof of default. In such cases, the capital benefit, as described in article 3, is indebted. Moreover said situation implies the right to immediately claim all other invoices, even in case these are not due yet, and all applicable payment terms become invalid. The same applies in case of impending bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other sign of the debtor's insolvency.

The unconditional payment of a part of the invoice amount shall be considered as an explicit acceptation of the invoice.

Partial payments shall be accepted without prejudice and with full reservation of all rights, and shall firstly be imputed to encashment costs, followed by the damages, accrued interest and finally to the oldest outstanding principal amount.

However, should the order have been placed on the website, the customer can merely settle the outstanding amount by means of a special payment module on the website of Topfanz BV, unless agreed otherwise by written.

In order to process these online transactions, Topfanz BV utilizes external and specialized partners who manage the payment platform. The customer's financial information that is inputted for payment purposes shall only be exchanged between the external partners and the financial institutions involved. Topfanz BV has no access to the customer's classified financial data.

Secure protocols are implemented for online payments. All online transactions are subject to the general conditions of the external payment platform manager. Said individual is solely responsible for the correct handling of all online payments.

Payment options include Visa, Mastercard, Bancontact.

Where a consumer fails to pay an amount due, Topfanz BV shall comply with the mandatory rules governing consumer payment defaults and the recovery of consumer debts.

Before claiming any late-payment interest or compensation from a consumer, Topfanz BV shall send the required first payment reminder free of charge and observe the applicable statutory waiting period.

Any late-payment interest, fixed compensation or other recovery charge shall be calculated only where permitted by applicable law, within the applicable statutory limits and in accordance with the contractual conditions communicated to the consumer.

No charge shall be imposed on a consumer where the statutory requirements for claiming that charge have not been met.

Late payments by professional customers

For professional customers, late-payment interest and recovery costs shall be governed by the agreed payment terms and applicable Belgian law.

BE35 0689 0492 3737 (BIC: GKCCBEBB)

I. Online invoicing

By ordering a product through the website, the customer explicitly agrees to the use of electronic invoicing by Topfanz BV, subject to a written deviation between parties.

J. Reservation of title

If an order is placed at Topfanz BV's registered office, Topfanz BV reserves the title to the goods delivered to the customer until the latter has fully settled the price, costs, interests and all additional costs. Nevertheless; all risks of detriments or damage shall entirely be held by the customer as from the moment of delivery. The customer pledges to immediately inform Topfanz BV by written notice in case of garnishment of the delivered products. If the customer resells the aforementioned products, he shall transfer all personal rights, resulting from this resale, to Topfanz BV, as opted by the latter.

K. Visible and hidden flaws / legal warranty

The customer must immediately carry out a first verification of the goods at the delivery. This immediate verification obligation concerns (mere exemplary enumeration) amount and dimensions, conformity of the delivery, visible flaws, exact location(s), etc. The customer should inform Topfanz BV by written notice in case of directly verifiable defects within 48 hours from the delivery and before initial starting of the product. In default of said notice, a loss of rights shall be the consequence.

Consumers benefit from the statutory legal guarantee of conformity applicable under Belgian law. For new consumer goods, this guarantee generally applies for two years from delivery.

Where goods do not conform to the agreement, the consumer may exercise the remedies provided by law, including repair or replacement free of charge, and, where the legal conditions are met, a price reduction or termination of the agreement.

The consumer must inform Topfanz BV of a lack of conformity within the period prescribed by applicable law and provide reasonable evidence of the purchase, such as an order confirmation or invoice.

A consumer's statutory guarantee rights shall not be excluded or restricted by a requirement to report a defect within 48 hours of delivery. Any inspection or notification procedure for consumers shall apply without prejudice to their mandatory legal rights.

The legal guarantee does not cover damage caused by improper use, failure to follow reasonable care instructions, accidental damage or normal wear and tear, to the extent permitted by applicable law.

Topfanz BV shall assess complaints and provide the remedies required by applicable law. Any repair, replacement, price reduction or termination shall be handled in accordance with the applicable statutory conditions.

Nothing in this section affects any additional commercial guarantee expressly offered by Topfanz BV or the manufacturer's guarantee, where applicable. A commercial guarantee does not replace or limit the consumer's statutory rights.

Professional customers need to communicate hidden flaws to Topfanz BV within 4 months following the delivery date of the products (bill of delivery), but within 48 hours following the discovery of said flaws by written notice.

After observation of any flaw, every customer is obligated to immediately cease the use of said product and to perform all of the operations to avoid further damage and safe storage of the product, under penalty of inadmissibility of the complaint. This warranty or guarantee is under no circumstances applicable if the damage is caused by erroneous use or maintenance of the product.

The customer must under no circumstances return the products to Topfanz BV without prior agreement by the latter. Topfanz BV reserves the right to determine the flaws and their causes on site, together with the customer. Topfanz BV can under no circumstances be held accountable for the loss or damage of returned goods, until these were accepted by Topfanz BV in its warehouse.

Every claim for warranty is cancelled in case of processing, modification, repair by the customer or by third parties or in case of abnormal or extraordinary employment, stress or wear of the products or damage caused by circumstances beyond one's control.

Submitting a complaint does not suspend the customer's payment obligations. The customer is obliged to settle the costs incurred because of unfounded complaints.

The offered warranties by Topfanz BV to the customer remain (partially or entirely) limited to: (i) replacement (II) readmission of the goods concerned, with crediting to the customer.

The customer acknowledges the fact that Topfanz BV does not offer guarantees that the goods meet the rules or requirements that prevail in any jurisdiction, except for the Belgian rules.

L. Liability

Topfanz BV shall be liable in accordance with applicable law for the performance of its contractual obligations and for any damage for which it is legally responsible.

Nothing in these terms and conditions excludes or limits liability where such exclusion or limitation is prohibited by law, including any liability that cannot legally be excluded or limited.

In particular, nothing in this section limits the consumer's statutory rights relating to the conformity of goods, the legal guarantee, delivery, withdrawal or any other mandatory consumer protection.

Subject to the foregoing, Topfanz BV shall not be liable for damage caused by circumstances for which it is not legally responsible, including the customer's own acts or omissions, improper use of products or the acts or omissions of third parties for which Topfanz BV is not responsible.

Any limitation of liability applicable to professional customers shall apply only to the extent permitted by applicable law.

M. Promotions

Promotional allowances by Topfanz BV, regardless of their respective form (such as but not limited to price reductions, discount vouchers, free shipment, etc.), are to be used in accordance with the proper directives. All of these allowances can only be used with 1 order, cannot be accumulated and have a personal character.

N. Force Majeure/hardship

Should Topfanz BV, because of circumstances beyond its control, be in a situation where it is impossible or intricate to fulfill its obligations, it reserves the right to partially/entirely suspend the execution of said delivery for either the duration of these circumstances or definitively without obligation to give prior notice or pay any damages. Are among other things conventionally considered as cases of force majeure: war, blockade, revolt, strike or lock-out, seizure, lack of means of transport, general shortage of raw materials or products, limitations to energy usage and this may be the case or with Topfanz BV or with one of its suppliers.

O. Compensation

In accordance with the stipulations of the law passed on 15 December 2004 concerning legal (financial) certainties, Topfanz BV and the customer automatically and legally compensate and settle all current and future debts respective to one another. This implies that in the permanent relationship between Topfanz BV and the customer it is always the amount of the biggest claim that remains after aforementioned set-off.

This set-off shall in all cases have legal effect with regard to the liquidator and the remaining combined creditors, who shall be bound by the set-off imposed by the parties.

P. Intellectual property rights

Topfanz BV guarantees to dispose of the licenses required to offer its range of products. Nevertheless, Topfanz BV preserves all copyrights or its allocated rights of all of the designs, drawings, models, samples, pictures and products. As a consequence, the customer cannot copy or utilize said products for other purposes than originally intended without prior written consent.

Q. Personal data

Topfanz BV processes personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and applicable Belgian data-protection legislation.

Personal data may be processed for the purpose of managing customer accounts, processing and delivering orders, handling payments and returns, providing customer service, complying with legal obligations and protecting the legitimate interests of Topfanz BV, where permitted by law.

Personal data shall be processed only where an appropriate legal basis exists. Where consent is required, including for certain direct marketing activities, Topfanz BV shall request that consent in accordance with applicable law. Customers may withdraw their consent at any time, without affecting the lawfulness of processing carried out before withdrawal.

Personal data may be shared with service providers and other recipients where necessary for the purposes described above, including payment service providers, delivery companies, IT service providers and professional advisers. Such data shall be disclosed only in accordance with applicable data-protection requirements.

Personal data shall be retained only for as long as necessary for the purposes for which it was collected, subject to applicable statutory retention periods and any other lawful grounds for retention.

Subject to the conditions laid down by law, customers may request access to their personal data, rectification or erasure, restriction of processing, or portability of their data, and may object to certain processing activities. Where processing is based on consent, customers may withdraw that consent at any time. Customers also have the right to lodge a complaint with the competent data-protection supervisory authority.

Customers may exercise their applicable data-protection rights by contacting us at webshop@rscanderlecht.be.

For further information about the personal data processed by Topfanz BV, the purposes and legal bases of processing, retention periods, recipients, international transfers and the exercise of data-protection rights, please consult our Privacy Policy.

Customers who do not wish to receive direct marketing communications may unsubscribe using the method provided in the communication or contact Topfanz BV. This does not affect transactional communications necessary to fulfil an order or comply with legal obligations.

R. Choice of law and the court having jurisdiction

These terms and conditions shall be governed by Belgian law, without prejudice to any mandatory consumer protection provisions that apply under the law applicable to the consumer.

Where the customer is a consumer, nothing in these terms and conditions shall deprive the consumer of the protection afforded by mandatory provisions of the law applicable to the consumer or restrict the consumer's right to bring proceedings before a court having jurisdiction under applicable law.

For professional customers, disputes shall be submitted to the competent courts in accordance with applicable law, subject to any valid agreement on jurisdiction between the parties.

Nothing in this section limits any mandatory rights granted to consumers under applicable law.

S. Complaints procedure

If you have a complaint regarding a product, an order or our services, you can contact our webshop customer service via webshop@rscanderlecht.be. Please include your order number and a clear description of your complaint so that we can investigate the matter and respond to you.

Topfanz BV will review complaints in good faith and endeavour to find an appropriate solution as soon as reasonably possible.

If we are unable to resolve the dispute directly, consumers may contact the Belgian Consumer Mediation Service, subject to the applicable conditions and its competence, for information about available out-of-court dispute resolution procedures.

Further information is available at https://consumentenombudsdienst.be.

Consumers may also contact the competent consumer dispute resolution body or consumer protection authority where applicable.

Nothing in this section limits the consumer's right to bring proceedings before a competent court or to exercise any other statutory rights.

Where applicable, information about any additional dispute resolution service available through our membership of a recognised organisation shall be provided separately.

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