General terms and conditions

1.1 These general terms and conditions apply to all offers, agreements and deliveries by De Winter Design BV, established at Jean Baptiste Nowélei 26A, 1800 Vilvoorde, Belgium, registered with the Crossroads Bank for Enterprises under company number BE1009576889, hereinafter referred to as "De Winter Design".

1.2 Contact with De Winter Design can be made via:

• Email: jan@dewinterdesign.be
• Telephone: 0472 41 77 53
• Post: Jean Baptiste Nowélei 26A, 1800 Vilvoorde, Belgium

1.3 By placing an order or entering into an agreement with De Winter Design, the customer accepts these general conditions completely and unconditionally.

1.4 These conditions can only be deviated from if this has been agreed upon in writing.

1.5 De Winter Design reserves the right to modify or supplement these general conditions. Changes also apply to already concluded agreements, with due observance of a period of 30 days after announcement.

2.1 All offers and quotations from De Winter Design are without obligation, unless expressly stated otherwise.

2.2 An agreement is concluded by signing the order form by both parties or after written confirmation by De Winter Design.

2.3 Price quotations are inclusive of VAT, unless otherwise indicated.

2.4 Images, drawings, descriptions, measurements and weight specifications, prices or other indications provided by De Winter Design are as accurate as possible but not binding.

3.1 De Winter Design specializes in design furniture based on original modernist designs by Roger De Winter.

3.2 De Winter Design takes great care in the description and depiction of products. Nevertheless, small deviations may occur in color, structure, finish or dimensions, which is inherent to the nature of handmade products.

3.3 Orders are placed via De Winter Design's official order form.

3.4 The customer confirms by signing the order form:

• Having taken note of the product specifications and price
• Having tested the product and being satisfied with the quality
• Agreeing to the payment and delivery conditions

3.5 De Winter Design reserves the right to refuse orders or attach additional conditions to delivery.

4.1 All prices are in euros and inclusive of VAT, unless otherwise stated.

4.2 The payment conditions are as follows:

• 50% advance payment upon signing the order form (advance invoice)
• 50% remaining payment upon delivery (final invoice)
• Payment within 14 days after invoice date

4.3 Payments must be transferred to account number BE90 7340 7806 7932.

4.4 In case of non-timely payment, the customer is in default by operation of law. De Winter Design then has the right to suspend or terminate the execution of the agreement.

4.5 In case of non-timely payment, the customer owes statutory (commercial) interest, as well as all reasonable costs for obtaining satisfaction out of court.

5.1 The indicative delivery time is approximately 12 weeks +/- after official start of production. This term is confirmed by De Winter Design and is never to be considered a fatal term.

5.2 De Winter Design will exercise the greatest possible care in the production and execution of orders.

5.3 The delivery method and place of delivery are agreed per order with the customer.

5.4 The place of delivery is the address that the customer has indicated on the order form. If the delivery address differs from the billing address, this must be explicitly stated.

5.5 The customer must mention relevant delivery specifications when ordering (parking possibility, floor, elevator, accessibility, etc.).

5.6 The risk of damage and/or loss of products rests with De Winter Design until the moment of delivery to the customer.

6.1 All products delivered by De Winter Design remain the property of De Winter Design until the customer has fully fulfilled all obligations under the agreement.

6.2 The customer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.

7.1 Given the personalized nature of the products (handmade design furniture) and the fact that the customer has tested the product prior to ordering, the right of withdrawal is excluded in accordance with article VI.53 of the Code of Economic Law.

7.2 Any returns are only possible in case of manufacturing defects or faults, provided they are reported within 14 days after delivery.

8.1 De Winter Design warrants that the products comply with the agreement, the stated specifications, the reasonable requirements of soundness and/or usability and the applicable legal provisions.

8.2 The warranty period is 2 years from delivery date for manufacturing defects and material defects under normal use.

8.3 Any form of warranty expires if:

• The product has been used incorrectly or carelessly
• The product has been modified or repaired by third parties without permission from De Winter Design
• The damage is the result of normal wear and tear

9.1 The total liability of De Winter Design is limited to compensation for direct damage up to a maximum of the amount of the price agreed for that agreement (including VAT).

9.2 De Winter Design is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business disruption.

9.3 The limitations included in this article do not apply if the damage is due to intent or gross negligence by De Winter Design.

10.1 All intellectual property rights relating to the designs of Roger De Winter, product images, drawings, texts and other materials rest with De Winter Design or its rights holders.

10.2 It is not permitted to copy, reproduce or otherwise use these materials without express written permission from De Winter Design.

11.1 Complaints about products or services must be reported in writing or by email to De Winter Design within a reasonable time after discovery, but no later than within 14 days after delivery.

11.2 De Winter Design will respond to complaints within 14 days after receipt. If a complaint requires a foreseeable longer processing time, De Winter Design will respond within 14 days with a message of receipt and an indication of the expected processing duration.

12.1 De Winter Design processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).

12.2 For more information about how De Winter Design handles personal data, we refer to our privacy statement at www.dewinterdesign.be .

13.1 In case of force majeure, De Winter Design is entitled to suspend the execution of the agreement, or to terminate the agreement without any obligation to pay damages.

13.2 Force majeure means any circumstance independent of De Winter Design's will, whereby the fulfillment of obligations towards the customer is wholly or partially prevented.

14.1 Belgian law applies to all agreements between De Winter Design and the customer.

14.2 Disputes between De Winter Design and the customer will exclusively be submitted to the competent court of Flemish Brabant where De Winter Design is established, unless the law mandatorily prescribes otherwise.

15.1 If one or more provisions in these general conditions are void or annulled, the other provisions remain fully applicable.

15.2 De Winter Design has the right to unilaterally modify these general conditions. Changes take effect 30 days after announcement on De Winter Design's website.

Last update: June 4, 2025