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English : These General Terms and Conditions are available on simple request and can also be consulted at, in English



2.1 “”: the BVBA “Birch IT&C”, with registered office at B-3500Hasselt, Lazarijstraat 114, registered in the register of legal entities of Hasselt, Hasselt division under number 0845.954.519 and known to the VAT administration under the number BE 0845.954.519.

2.2 “General Terms and Conditions”: these general terms and conditions of sale and delivery.

2.3 “Buyer” or “Customer”: any natural or legal person who purchases one or more product(s) or services via this Website, places an order for this or requests a quote.

2.4 “Consumer”: any Buyer who purchases one or more product(s) or services via the Website for non-professional purposes, places an order or requests a quote.

2.5 “Website”:



3.1 The legal relationship between the Buyer and and everything related thereto is subject exclusively to the following standards: (in descending order of hierarchy, the following in the absence or silence of the previous) (1) the written and signed special agreement; (2) the electronic Order Confirmation; (3) these Terms and Conditions; (4) Articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law. rejects all other standards and conditions, with the sole exception of the conditions that expressly agreed in writing with the Buyer. These deviations expressly accepted in writing are only valid for the agreement to which they relate and cannot be invoked against any other, even similar agreements. The Buyer accepts that these General Terms and Conditions will be the sole applicable, to the exclusion of its own general or specific (purchase) terms and conditions, even if they determine that they are the only ones applicable.

By using the Website, filling the digital shopping cart on the Website, placing an order and/or concluding any agreement via the Website, the Buyer declares that he has taken note of and agrees to agree with these Terms and Conditions and all other rights and obligations as stated on the Website. In these cases, the Buyer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations.

3.2 These General Terms and Conditions are without prejudice to the statutory rights that are mandatory granted to the Buyer under the applicable national consumer protection legislation, including the legal guarantee of conformity of the goods.

3.3 The possible nullity of one of the provisions of these General Terms and Conditions or part of a provision does not affect the applicability of the other provisions and/or the rest of the provision. In the event of the invalidity of one of the provisions, and the Buyer shall, as far as possible and according to their loyalty and conviction, negotiate to replace the invalid provision by an equivalent provision that corresponds to the general spirit of these Terms and Conditions.

3.4 If Christmas does not enforce or apply one or more of the rights listed in these General Terms and Conditions, this can only be regarded as tolerating a certain situation and this does not lead to legal processing. Such failure to act can never be regarded as a waiver of that provision(s) and will never affect the validity of these rights.

3.5 always has the right to change these General Terms and Conditions. It is the Buyer's responsibility to regularly review these Terms and Conditions.



4.1 Any offer on the Website, in catalogues, newsletters, notes, folders and other publicity announcements is for informational purposes only. may modify or withdraw the offers on the Website at any time. In any case, offers are only valid while stocks last. Obvious mistakes and/or obvious errors in the offer are binding on Kerst-art.beniet. Despite the fact that the catalogues, Website and other advertising announcements are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. christmas-art.bei is only bound to an obligation of means for the correctness, updating or completeness of the information provided. Kerst-art.bei is in no way liable for material errors, typesetting or printing errors.

4.2 Offers from Christmas are entirely without obligation and can only be regarded as an invitation to purchase or to place an order by the Buyer, unless expressly stated otherwise. An offer is only valid for the specific assignment to which it relates and therefore does not automatically apply to subsequent similar assignments.

4.3 The agreement between and the Buyer is only concluded after the Buyer has placed an order on the Website and confirms this order by e-mail (hereinafter referred to as the “Order Confirmation”).

In the Order Confirmation, the Buyer receives a summary of the order and an overview of these General Terms and Conditions. always reserves the right - without stating reasons - to refuse orders.

4.4 Cancellation of an order before it has been sent is always possible and free of charge. Cancellation of an order after it has been sent must be made in accordance with the withdrawal procedure, as provided for in Article 5 of these General Terms and Conditions. 

If the Buyer wishes to cancel an order, he must immediately contact the by telephone: +32 499679007 or by e-mail

4.5 The Buyer can exchange the purchased products for other products or a voucher during a period of 365 calendar days after the date of receipt, whether or not subject to payment of a surplus, taking into account the price of the products for which the products already purchased are exchanged. If the Buyer wishes to exchange the products purchased by him, he must inform (3500Hasselt (Belgium), Lazarijstraat114, info@kerst-art) of this by post or e-mail. If can agree to the exchange, will contact the Buyer in order to practically arrange the exchange, at the expense of will also inform the Buyer of a possible refusal of an exchange request. The products purchased by the buyer can only be exchanged if they have not been put into use and are in the same condition as at the time of delivery.



5.1 The Consumer has a right of withdrawal with regard to the products purchased via the webshop. Pursuant to Book VI Market Practices & Consumer Protection of the Economic Law Code, the Consumer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, takes physical possession of the product.

5.2 In order to exercise the right of withdrawal, the Consumer must inform (Belgium), Lazarijstraat114, of his decision via an unambiguous statement by post or e-mail. to revoke the agreement. To comply with the withdrawal period, it is sufficient for the Consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

5.3 If the Consumer withdraws from the agreement, the Consumer will receive all payments he has made at that time from Christmas back, including delivery costs (with the exception of any additional costs resulting from the Consumer's choice of another method of delivery than the cheapest standard delivery offered by without delay and in any event no later than 14 calendar days after has been informed of the Consumer's decision to withdraw from the agreement, taking into account the provisions of article 13.2 of these General Terms and Conditions. Christmas art will then reimburse the Consumer with the same payment method with which the Consumer carried out the original transaction, unless the Consumer has expressly agreed otherwise. In any event, the Consumer will not be charged for such refunds. may withhold the refund until Christmas-art.bede has received products back or the Consumer has demonstrated that he has returned the products, whichever comes first. The reimbursement of the delivery costs by is always pro rata. (For example: Consumer buys 2 products and returns 1 in case of withdrawal. In that case, only has to reimburse the delivery costs for 50%.) When Kerst-art.beechter uses a flat-rate delivery cost, Christmas, in the event of a partial withdrawal, are not obliged to reimburse any delivery costs. 

5.4 The Consumer must immediately, but in any case no later than 14 calendar days after the day on which he has notified of the decision to withdraw from the agreement, hand over the products to Kerst-art.bete or have the products delivered to Kerst-art.bete. .bete pick up. Kerst-art. arranges the collection according to its own transport choice and in consultation with the customer regarding date and time. The direct costs of returning the products will be borne by, unless otherwise agreed. The returned product must not have been put into use and must be in the same condition as at the time of delivery. In addition, the product must be returned in the original packaging in which the product was sent, whether opened or not and including all accessories supplied with the product, so that after withdrawal, Kerst-art.beook can still resell the product to a third party. The Consumer is only liable for the decrease in value of the products resulting from the use of the products, which goes beyond what is necessary to determine the nature, characteristics and functioning of the products.

5.5 The right of withdrawal applies free of charge to:

products that are manufactured according to the specifications of the Consumer or that are clearly intended for a specific person;

5.6 Under no circumstances does a professional Buyer have the right of withdrawal.



6.1 The stated price only relates to the products as they are described verbatim. Material, accessories, accessories that are not mentioned in the information about a particular product are not included. The accompanying photo is intended for decorative purposes and may contain elements that are not included in the stated price.

6.2 All prices are expressed in Euro and include VAT, any import/export duties and reservation and/or administration costs, but exclude any delivery or shipping costs.

Shipping costs are not included. They depend on the chosen shipping method, the weight of the products, the delivery address, etc. During the online ordering process, step 1 will indicate exactly how much shipping costs will be charged.

The chosen shipping method and final shipping costs are also stated on the Order Confirmation that the Buyer receives when the agreement is concluded.

Additional costs associated with the choice of payment option by the Buyer can be charged by

6.3 reserves the right to change the prices stated on the Website at any time. Nevertheless, the products are invoiced on the basis of the rates in effect at the time the order was accepted. Obvious errors, manipulations or mistakes (such as obvious inaccuracies) can also be corrected by Christmas art after the agreement has been concluded.

6.4 Currency fluctuations, increases in material prices and raw materials, wages, salaries, social security charges, costs imposed by the government, (environmental) levies and taxes, transport costs, import and export duties or insurance premiums (merely exemplary enumeration), which occur between the placing of the order and the delivery of the products may give rise to an increase in the price. However, if the price is increased, the Buyer has the right, within 48 hours, to dissolve the agreement without costs. This dissolution cannot give rise to payment of any compensation by



7.1 Unless otherwise agreed, deliveries are made as standard in accordance with the Incoterm® “Delivered At Place” (DAP) (Incoterms ® 2010) to the delivery address specified by the Buyer, or to the registered office of, at the Buyer's discretion. . The transfer of risk for damage, destruction and disappearance with regard to the products is therefore transferred at the time of the effective delivery. At the moment, is also released from its delivery obligation.

7.2 Any delivery that was not explicitly provided for in the Buyer's order and/or the Order Confirmation from is deemed to be an additional delivery at the Buyer's request and will be charged as such.

7.3 With the exception of agreements with a Consumer, Kerst-art.bezich always reserves the right to split the deliveries or to attach other conditions to the delivery.

7.4 Except in the case of cash on delivery and payment by bank transfer after receipt of the invoice, an order will only be shipped after has received the payment. Christmas art always strives to deliver orders on the next fixed delivery day indicated for the region in which the delivery address specified by the Buyer is located. If no fixed delivery day has been determined for the region in which the delivery address provided by the Buyer is located, aims to deliver orders placed before 3 p.m. the next working day (Benelux) or the working day after (France). provided that the products ordered are in stock. During the online ordering process, the Buyer has the option to change the desired delivery date and term, subject to payment of an additional cost.

7.5 However, the delivery period, including those on the quotations, orders and Order Confirmations, is always indicative and is not an essential part of the obligations of towards the Buyer. Exceeding the communicated delivery period can never give rise to payment of any compensation or to the dissolution of the sale between and the Buyer, on the understanding that undertakes - with the exception of pre-sales - in any case to be delivered within 30 days after payment. can in any case never be held liable for delays caused by the Buyer or third parties.

Changes in the order automatically result in the presumed delivery times being cancelled.

7.6 In the absence of the Buyer upon delivery to the delivery address indicated by him, the transport service will leave a message with a view to contacting and the Buyer. After contacting the Buyer, a second attempt will be made to deliver the products. In the absence of any response from the Buyer within a period of five (5) working days after the first delivery attempt or in the absence of the Buyer on the second delivery attempt, the products will be returned to the registered office of Christmas art .be. The costs of the return, as well as the related costs (such as, but not limited to taxes, VAT, storage costs, etc.) are for the account of the Buyer. In such a case, the agreement between Kerst-art.been and the Buyer will be deemed to have been dissolved. Any price already paid by the Buyer will be refunded by, after deduction of the aforementioned costs of return and any associated costs.



8.1 In principle, first orders must always be paid in advance by the Buyer. 

When placing the order, the Buyer has the choice between different payment options:

Bancontact/Mister Cash
Prepayment by bank transfer.

8.1 Complaints about invoices must, under penalty of inadmissibility, be reported to within a period of 3 working days after the invoice date. These complaints do not release the Buyer from its payment obligation.

8.2 In the event of non-payment or incomplete payment on the due date of one of the invoices:

An annual interest rate of 10% applies by operation of law and without prior notice of default, which is capitalized annually;
the Buyer will owe a fixed compensation equal to 10% of the invoice amount, with a minimum of twenty-five euros (€ 25.00) per invoice, by operation of law and without prior notice of default;
the Client is legally and without prior notice of default obliged to pay all judicial and extrajudicial collection costs;
ipso jure and without prior notice of default, all other invoices, even non-expired invoices from the Buyer become immediately due and payable; and has the right to reclaim the delivered products from the Customer, to suspend and/or dissolve the (further) implementation of the relevant and/or one or more other agreements with/orders from the Buyer, without a prior notice of default or judicial intervention is required.

Points (4) and (5) also apply in the event of (imminent) bankruptcy, judicial or conventional dissolution, application of Belgian law dated. January 31, 2009 concerning the continuity of companies, payment arrears, or any other fact as a result of which reasonably loses confidence in the creditworthiness of the Buyer.

8.3 Acceptance of partial payment is subject to all reservations and will be charged in the following order: (1) collection costs, (2) compensation; (3) interests; (4) principal amounts.

8.4 The entry of the outgoing invoice in the outgoing invoice book of serves as a presumption of dispatch and receipt of the relevant invoice.

8.5 By ordering a product, the Buyer expressly agrees to the use of electronic invoicing by, unless otherwise agreed in writing between the parties.

8.6 Submitting a complaint does not release the Buyer from its payment obligation.



9.1 The delivered products remain the exclusive property of until full payment of the principal, interests and costs by the Buyer. Until then, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before having paid the aforementioned amounts in full and correctly, the aforementioned right is transferred to the resulting sales price. However, the risk due to loss or damage is transferred to the Buyer from delivery. If necessary, the Buyer undertakes to point out to third parties the retention of title of (for example, to anyone who would seize the items not yet fully paid for).

9.2 In the event of non-payment or incomplete payment on the due date of one of the invoices, has the right, by operation of law and without prior notice of default, to reclaim the products already delivered from the Buyer. When Christmas-art.bede receives products back and they are still in good condition (this includes evaluating the correct cooling and storage of these products), the amounts already paid will be refunded to the Buyer after deduction of: (1) the loss of profit, fixed at 15% of the total invoice amount; and (2) a fixed compensation of 5% of the total invoice amount, for the (extra) management and administration costs. All this applies without prejudice to the right of to prove higher damage.



10.1 Pursuant to the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has a legal guarantee. This legal warranty applies from the date of purchase by (if applicable, delivery to) the first owner.

10.2 The Buyer must carry out an initial verification immediately upon receipt of the purchased products. This immediate verification obligation relates, among other things, to (purely exemplary enumeration): quantity, conformity of the delivery, visible defects, correct location(s), etc. The Buyer must notify immediately verifiable deviations, under penalty of forfeiture, in writing (by post or via to, with reference to the correct number of the delivery note and/or the Order Confirmation.

10.3 Putting into use, processing, repacking and/or resale of the products supplied by is regarded as product inspection and acceptance, is regarded as final delivery of the products concerned, and releases from its responsibilities and liability in accordance with article 11 of the General Terms and Conditions.

10.4 Complaints regarding hidden defects in the delivered products must be reported in writing (by post or e-mail) to, on pain of inadmissibility, within a period of 48 hours after discovery of the defect, with reference to the correct number of the delivery note and/or the Order Confirmation. Such complaints can be reported to within the statutory warranty period, on the understanding that will not be liable for any loss of quality that would arise due to causes inherent in the nature of the product (by, among other things, but not limited to normal aging). undertakes to accept complaints, which have been correctly reported, in any case within a period of 365 calendar days after delivery.. In no case will Kerst-art.bein be liable for loss of quality and damage as a result of handling or incorrect use of the products by the Buyer. 

10.5 In the event of complaints that are timely and correctly reported to, will, at its own discretion and discretion: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, may choose to provide the Buyer with an equivalent of the defective product; or (2) return of the defective product, with credit to Buyer.

The Customer acknowledges that these measures individually entail full and adequate compensation for any possible damage resulting from possible defects and accepts that the implementation of these measures cannot be regarded as an acceptance of liability by

10.6 Under no circumstances may the Buyer return products to under this Article 10 without the latter's prior written consent. reserves the right to determine the defects on site together with the Buyer and to investigate the cause. will contact the Buyer if necessary in order to practically arrange the return of products accepted by, whereby Kerst-art.bede will bear the costs.

10.7 The possible replacement of products cannot give rise to payment of any compensation, nor to the dissolution of the agreement between and the Buyer.

10.8 Complaints and/or a possible (partial) replacement of products in no way relieve the Customer of his payment obligation within the written agreement between the Buyer, the Order Confirmation from, these General Terms and Conditions. Terms and conditions, and/or the respective invoice term(s).

10.9 The Customer is obliged to reimburse costs incurred as a result of unjustified complaints.

10.10 If the Consumer has a dispute with Kerst-art.been has already consulted the latter about this, the Consumer has the option to ask for advice or to lodge a complaint with  BeCommerce , as provided for in Article 19.



11.1 With the exception of the indemnification by according to the warranty provision in Article 10 of these General Terms and Conditions, the liability of towards the Buyer is limited to the liability imposed by law and is in any case limited to the lower of the following two amounts: (1) the respective invoice amount (excl. VAT); (2) the amount that receives from its insurer in the context of the respective liability file under the BA liability policy entered into by

11.2 is in no way liable for: (1) indirect damage (including, but not limited to, loss of turnover, damage to third parties), (2) defects that are directly or indirectly caused by the act of the Buyer or a third party, whether caused by fault or negligence, (3) damage as a result of the incorrect or inappropriate use of the purchased products, nor for an unintended and/or undesirable interaction as a result of simultaneous use of the product with other products, (4) damage as a result of non-compliance by the Buyer, its employees or employees and/or the end user with legal and/or other obligations.

11.3 The Buyer acknowledges that does not guarantee that the products comply with the regulations or requirements applicable in any jurisdiction, except the regulations or requirements applicable in Belgium, as applicable at the time of delivery of the product to the Buyer by, so that Kerst-art.beniet can be held responsible for subsequent changes in the law of whatever nature.

11.4 The Buyer is solely responsible with regard to the resale of the purchased products, and guarantees to comply with all (legal and other) obligations in this regard.



12.1 The Buyer shall indemnify and defend against all claims and proceedings, including those of third parties, which may arise from, or are the result of, any act or omission of the Buyer, contrary to the written agreement between and the Buyer, the Order Confirmation from, these General Terms and Conditions, and/or other (legal) obligations of the Buyer.

12.2 The Buyer shall indemnify Christmas art for all damages, including legal and other costs, arising as a result of its defense of the claims and/or proceedings referred to under Article 12.1 of these General Terms and Conditions.



13.1 Promotional endowments by, in whatever form (such as, but not limited to price reductions, discount coupons, free shipping, etc.) must always be used in accordance with the guidelines, as expressly indicated in this regard. In any case, these can only relate to one (1) order, cannot be cumulated and have a personal character.

13.2 In the event that the Consumer makes use of the right of withdrawal for products that have been the subject of a promotion – promotion, Kerst-art.bezich reserves the right to recalculate the price of the products that have not been the subject of the withdrawal. For example: a promotion that means that when you buy product A, product B can be obtained at half price. The Buyer revokes product A. Then the promotional conditions are no longer met and the full price for product B will have to be paid. In that case, will refund the monies, in accordance with Article 5 of these General Terms and Conditions, with deduction of the additional part that still has to be paid for product B.



14.1 Kerst-art.beis is not liable for a shortcoming in the fulfillment of its obligations that is caused by force majeure or hardship.

14.2 In case of force majeure or hardship, may at its own discretion and insight, without a prior notice of default or judicial future being required, and without any right of recourse with regard to (1) propose to the Buyer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) dissolve the agreement between and the Buyer out of court; and/or (4) invite the Buyer to renegotiate the agreement between and the Buyer.

If the Customer does not participate in these renegotiations in good faith, may, in accordance with Article 19 of these General Terms and Conditions, request the court to determine new contract terms and/or order the Buyer to pay damages.

14.3 Force majeure and hardship include (purely exemplary enumeration): unavailability and/or scarcity of certain materials; raw material scarcity; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security contributions, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice conditions; special weather conditions; strike; mobilization; war; disease; accidents; communication and computer failures; government measures; export ban; delay in supply; transport and/or movement obstacles; including lack or withdrawal of transportation options; export barriers; import barriers; breakdown; traffic jam; etc.



15.1 In accordance with the Financial Securities Act of 15 December 2004, and the Buyer automatically and legally set off all current and future claims against each other. This means that in the permanent relationship between Kerst-art.been, the Buyer always only has the largest debt claim on balance after the aforementioned automatic settlement.

15.2 This set-off will in any case be opposable against the trustee in bankruptcy and the other concurrent creditors, who will therefore not be able to oppose the set-off carried out by the Buyer and



16.1 In the event of any change in the Customer's condition, such as death, conversion, merger, takeover, transfer, liquidation, cessation of payment, collective or amicable agreement, request for deferral of payment, cessation of activity, seizure or any other circumstance that could damage the confidence in the creditworthiness of the Buyer, Kerst-art.bezich reserves the right for that mere fact: either to suspend the execution of one or more agreements with the Buyer until the Buyer provides adequate security for his payment; or to declare one or more agreements with the Buyer dissolved from the date of dispatch of the dissolution, without prior notice of default and without judicial intervention, without prejudice to the right of to claim additional compensation.

16.2 If the agreement between and the Buyer is terminated, whether or not under application of the right of termination described in Article 16.1 of Kerst-art.beGeneral Terms and Conditions, the Buyer loses the right to demand from that it complies with its obligations with regard to the terminated agreement.


17. INTELLECTUAL PROPERTY remains the exclusive holder of all intellectual property rights that it holds on the products it supplies. guarantees that it has the necessary licenses to offer its product range.



18.1 The Buyer authorizes Kerst-art.bede to include the personal data provided by the Buyer in an automated data file. This data will be used for the purpose of conducting information or promotional campaigns in connection with the products offered by The Buyer authorizes Kerst-art.bede to transfer this information to third parties for the processing of the order.

18.2 The Buyer can always request notification and correction of his data. If the Buyer does not wish to receive commercial information from Kerst-art.bemeer, the Buyer must inform of this:

by mail: Kert-Art , Lazarijstraat114, 3500Hasselt
by e-mail:
18.3 The Customer authorizes Kerst-art.bede to use images of the products delivered to the Customer for: (purely exemplary enumeration) general information, advertising purposes, publication on the Website, publication in folder(s), etc.



19.1 Agreements between Kerst-art.been and the Buyer are exclusively governed by Belgian law, insofar as private international law allows this.

19.2 Disputes between the Consumer and regarding the conclusion or implementation of agreements with regard to products and services to be supplied or delivered by, can, with due observance of the provisions below, be settled by both the Consumer and the submitted to BeCommerce.

19.3 A dispute will only be dealt with by the Disputes Committee of BeCommerce if the Consumer has submitted his complaint to in accordance with the procedure indicated in Article 10 of these General Terms and Conditions.

19.4 Kerst-art.beis is bound by this choice of the Consumer to submit a dispute to BeCommerce.

19.5 When Kerst-art.bede requests intervention, the Consumer will have to state in writing within five weeks after a written request to that effect by Kerst-art.bede whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. . If Kerst-art.bede does not hear from the Consumer within the period of five weeks, Kerst-art.bede is entitled to submit the dispute to the competent court.

19.6 Disputes between and the Buyer submitted to the court fall under the exclusive jurisdiction of the competent courts of the registered office of, unless chooses to bring a dispute before the court of the company's registered office. registered office or domicile of the Buyer.

19.7 For alternative dispute resolution about online purchases, you can also visit the (Online DisputeResolution) of the European Union. 
ODR platform

20. CODES OF CONDUCT is a member of the Belgian home shopping organization BeCommerce. This means that our website is checked by an independent organization for compliance with the BeCommerce code of conduct. The BeCommerce code of conduct protects the interests of the Buyer. The code of conduct is here  available in PDF format  or via  the BeCommerce website .

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