Terms and Conditions
Last updated: June 27, 2022
1. Identification of the seller
This website is owned and operated by HOPPER&FUCHS BV, see Legal Notice.
2. Scope of the Terms and Conditions
The following paragraphs constitute the legal Terms and Conditions for the use of the website of Hopper&Fuchs BV.
These Terms and Conditions govern the legal relationship between Hopper&Fuchs BV and the User who makes use of the Hopper&Fuchs BV website. By visiting this website, the User confirms that he has read and accepted these General Terms and Conditions.
For the purposes of these Terms and Conditions, a distinction should be made between:
a) a User who makes use of this website as a Consumer.
A Consumer is a natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his/her commercial or self-employed professional activity.
b) a User who uses this website as an Entrepreneur.
An Entrepreneur is a natural or legal person of private or public law or a partnership with legal personality that concludes a legal transaction within the framework of its commercial or self-employed professional activity.
A User will only be able to use this website as an Entrepreneur if he logs in with a Professional Account, approved and granted by Hopper&Fuchs after application via this form.
3. Amendment of the Terms and Conditions
Hopper&Fuchs may at any time amend these Terms and Conditions. Current agreements are always subject to the Terms and Conditions applicable at the time of the conclusion of the sale. Any order placed after the amendment of these Terms and Conditions implies the acceptance by the customer of the new Terms and Conditions.
The Hopper&Fuchs assortment includes books, editions, works of art, CDs, DVDs, multimedia, vinyl records, e-books, gift vouchers,...
The offer is valid while stocks last and can be changed at any time.
5. Limitation of liability
Hopper&Fuchs BV makes great efforts to keep the information displayed on the website complete, correct, accurate and up-to-date. However, Hopper&Fuchs BV cannot be held liable for direct or indirect damage resulting from the use of information on this website. Images and product descriptions are intended to be illustrative and may contain elements which are not included in the price or differ from the article and cannot be considered as binding by Hopper&Fuchs BV.
If you would find any inaccuracies in the information made available through this site, please contact us at email@example.com. Hopper&Fuchs BV may change or supplement the contents of the website at any time, without prior notice or notification.
Hopper&Fuchs BV gives no guarantee for the proper functioning of the website and cannot be held liable in any way for the malfunctioning or temporary unavailability of the website or for any form of direct or indirect damage which may arise from the access to or use of the website.
The website may contain hyperlinks to websites or pages of third parties or refer to them indirectly. The placing of links to such websites or pages does not imply any implicit approval of their contents. Hopper&Fuchs BV expressly declares that it has no control over the content or other characteristics of third-party websites and can in no event be held liable for their content or characteristics or for any other form of damage resulting from their use.
6. Realisation of internet sales
An online order assumes the acceptance by the User of the Terms and Conditions as they apply at the time of the order.
Hopper&Fuchs BV reserves the right to refuse an order at any time. The mere expression of the User's wish to purchase a product is thus not sufficient for the conclusion of a purchase agreement.
An online order can only be accepted by Hopper&Fuchs BV if the User has clearly identified himself.
The purchase contract is concluded only if Hopper&Fuchs BV accepts the order by means of a separate written order confirmation or dispatches the ordered goods to you and confirms the dispatch to you by means of a separate written dispatch confirmation.
With digital goods the written order confirmation contains a User code (in case of gift vouchers, tickets for events,...) or an internet address where the digital good can be downloaded for one (1) week.
For goods in one and the same order, which are not mentioned in the order or shipping confirmation, the purchase is not concluded.
If, due to circumstances beyond the control of Hopper&Fuchs BV, items cannot be delivered by Hopper&Fuchs BV within a maximum of 30 calendar days after the order was placed, Hopper&Fuchs BV will notify the User at the e-mail address indicated by the User.
In this case, the User may choose to cancel the purchase. Hopper&Fuchs BV will then refund the amount already paid by the User for this item, using the original payment method.
The purchase agreement is hereby automatically dissolved with regard to the non-deliverable item(s). Hopper&Fuchs BV cannot be held liable for any damage caused by late delivery or non-delivery.
Users who use the Website as Consumers are shown the prices of articles including VAT and excluding shipping costs.
Users who use the Website as an Entrepreneur will be shown prices excluding VAT and excluding shipping costs. This is indicated with "excl.VAT" on the product page. The prices displayed to a User as Entrepreneur may already include commercial discounts and quantity rebates. Applicable taxes will however be added at check out.
Hopper&Fuchs BV endeavours to use the same Consumer prices on the website as those applicable in any physical sales outlet. The prices at which Hopper&Fuchs BV offers articles may be revised at any time without prior notice or notification.
For an order via the website, the prices applicable at the time of the order always apply.
8. Delivery, shipping costs
All goods are shipped only. Goods can not be collected.
Goods are shipped at the User's risk and expense to the delivery address provided by the User at the check out. The shipping costs to be paid by the User are clearly indicated at the check out before the User definitively confirms the order. When available, goods are prepared for shipment within three (3) working days. Backorders are charged immediately and shipped as soon as available. When goods are shipped, an email with tracking information is sent to you.
We cannot ship to P.O.Box addresses.
For international sales, please note that additional custom fees, national taxes, import duties and other costs related to the import of goods may apply in your country. They are the sole responsability of the User and must be dealt with and paid for directly by the User .
When purchasing digital goods, tickets, vouchers,... which are downloaded or delivered digitally, no shipping costs are charged.
9. Right of Revocation, return policy
The User who purchases as a Consumer has the right to inform Hopper&Fuchs of his wish to invoke his Right of Revocation during 14 calendar days from the day after delivery, except for digital articles (see below). This can be done via this Revocation Form on our website or by downloading this Model Form, completing it and sending it back to firstname.lastname@example.org.
From the day on which the User, purchasing as a Consumer, has notified Hopper&Fuchs of his wish to withdraw from the agreement, the User has a new period of 14 days to return the goods. All shipping costs for the return are hereby borne by the User. A return will only be accepted by Hopper&Fuchs if the safety packaging is unopened and undamaged.
In case of exercise of the right of Revocation, Hopper&Fuchs BV will refund the items within 14 calendar days of receipt of the return. However, the User shall be liable for the decrease in value of the goods resulting from a treatment of the goods beyond what was necessary to ascertain the nature and characteristics of the goods. Hopper&Fuchs BV may claim compensation for such depreciation after the reimbursement of the goods.
For digital articles which are downloaded (such as audio or video files, e-books, tickets, gift vouchers, etc.), the right of Revocation is not applicable. When confirming digital articles, the User is bound to agree to receive the codes or download links immediately.
The Right of Revocation does not apply to goods which are not prefabricated, nor to goods where a choice or provision of the Consumer is decisive for the manufaction nor to goods which are unambiguously adapted to the Consumer's personal needs.
The Right of Revocation does also not apply to contracts for the delivery of newspapers and magazines, with the exception of subscription contracts.
By accepting these Terms and Conditions, the User who uses this website as a Consumer waives his right to return the items mentioned above.
10. Legal warranty and title retention.
The User must report within a reasonable period of time any problems in connection to his order or delivery to Hopper&Fuchs BV. Complaints will in any case only be accepted by Hopper&Fuchs BV if they are reported within one (1) month after the object of the complaint has occurred to the User. Only written complaints addressed to the customer service shall be accepted by Hopper&Fuchs BV (by e-mail or registered letter: email@example.com or Hopper&Fuchs BV, Leuzestraat 96, 8510 Bellegem, Belgium).
In the event of complaints about orders or deliveries, the liability of Hopper&Fuchs is always limited to the value of the goods concerned.
As long as the customer has not paid the purchase price in full, the delivered goods remain the property of Hopper&Fuchs BV.
The User and Hopper&Fuchs BV accept electronic means of proof in the context of their agreement. Thus, e-mails from the computerised registers of Hopper&Fuchs BV shall be accepted by the parties as evidence.
All orders are to be paid without any discount upon ordering. Payments can be made with Credit Card, Maestro, Paypal, Bancontact, the KBC payment button, the Belfius payment button. All payments are handled outside our website by our payment partner.
Selected items can be pre-ordered. These items have an expected shipment date in the coming months.
- if you pre-order you will be among the first to reserve the product.
- estimated times and time frames are indicated on the product detail page and may take up to several months, potentially arriving sooner or later than estimated.
- the full price will be deducted the same day in which your pre-order is placed.
- pre-ordered items will be shipped as soon as they are available.
- If your pre-order can, for any reason, no longer be fulfilled, the amount paid will be refunded using the original payment method.
Gift cards, issued by Hopper&Fuchs, can be used for the stated amount to pay on this website. The validity of Gift Cards is one (1) year, starting on the day of purchase.
For Users who use the Website as an Entrepreneur, other payment methods may have been agreed upon by mutual consent.
13. Intellectual property rights
The content and structure of this website, including brands, logos, drawings, images, pictures, video, audio, data, product or company names, texts, etc. are fully protected by intellectual rights and belong to Hopper&Fuchs BV or the entitled third parties. This website is the property of Hopper&Fuchs BV, see details in the Legal Notice.
14. Applicable law and competent courts
Belgian law is applicable. For Users who use this website as a Consumer from within the EU, this choice of law is only applicable in so far as the protection offered by mandatory provisions of the law of the state in which the Consumer has his/her usual residence is not violated.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If the User is an Entrepreneur, the exclusive jurisdiction for all disputes arising from this Agreement is the Court which has jurisdiction for the place where our company has its registered office, which is Kortrijk, Belgium.
In the event of a complaint, the User must always first contact our Customer Service Department using this form or by sending an email to firstname.lastname@example.org.
If the dispute remains unresolved, the User can submit a complaint via the ODR Platform provided by the European Commission (EU).