Terms of service
The following general terms and conditions apply to all our commercial transactions and always take precedence over other general terms and conditions, in particular those of the customer. Any other terms and conditions are only binding on us if we expressly confirm them in writing.
I. PRICES – MODELS & SPECIFICATIONS
Unless otherwise agreed, the company uses net prices valid for goods to be purchased in the warehouses, as well as goods ordered via the webshop. VAT and other fiscal charges are for the account of the customer; as well as any stamp duties, reception fees, other taxes or costs. Dimensions and other technical characteristics of goods as well as the drawings as they appear in the catalogues and brochures are approximate and cannot be opposed to the company, with the exception of technical drawings.
II. ORDER - TERM
i. The individual price quotation drawn up by the company is valid for 1 month and is binding upon acceptance by the customer and our express written confirmation of the order, which cannot be evidenced by any clause or signature on the price quotation.
ii. In the event of cancellation of an order by the customer, the latter will be liable, even without any notice, for a fixed compensation of 25% of the value of the order value. The company reserves the right, in accordance with common law, to demand performance of the agreement or to prove higher compensation.
iii. The company reserves the right to cancel an order (in whole or in part) or at least suspend it, without the customer being entitled to any compensation, (i) if the goods are not (any longer) available from the manufacturer or supplier; and (ii) in the event of serious facts or shortcomings on the part of the customer, as a result of which it can no longer reasonably be expected to continue with the agreement.
iv. If the customer, in the case of an order via the website, chooses a different method of delivery than the cheapest standard delivery offered by the company, the additional costs for this other method of delivery will be borne by the customer.
III. WITHDRAWAL PERIOD
i. In the case of an order via the website by the customer, the customer has the right to withdraw the order free of charge within 14 days from the moment the customer or a party designated by the customer takes possession of the goods. The customer must use the withdrawal form provided by the company for this purpose. After the expiry of this period, the customer can only exercise his right of withdrawal by paying a fixed compensation in accordance with article II, ii of the General Terms and Conditions.
ii. The customer must return the goods to the company no later than 14 days after communicating the decision to withdraw from the agreement. The company reserves the right to wait with the reimbursement of the sums already paid by the customer until either the customer proves that the goods have been returned or until the company has received the goods, whichever is the earliest. If the customer does not return the goods within 14 days, he is deemed to no longer exercise her right of withdrawal and is obliged to pay the amounts due in accordance with the agreement.
iii. The customer bears the costs of returning the goods.
iv. The customer is liable for the depreciation of the goods resulting from the handling of the goods by her that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
v. Exercising the right of withdrawal terminates the agreement concluded with the customer.
IV. DELIVERY
i. The delivery times are target dates; they will be respected as much as possible, but are not binding. Thus, a delay in delivery can never give rise to any form of compensation and/or give the customer the right to cancel an order, unless expressly waived in writing.
ii. In any event, the company is released from any liability in the event of force majeure and reserves the right to adjust delivery times accordingly in the event of force majeure and even to cancel the order.
iii. Unless otherwise agreed, the goods are considered delivered from the moment they are in our warehouses, so that the storage of the goods and their dispatch are at the customer’s expense and risk. All transports carried out by the company are subject to CMR conditions.
iv. In the event of delivery of an order via the website, the company is liable for damage to the goods during transport to the customer. The customer is liable for damage to the goods during its possession, as well as when it returns the goods and has acted negligently in doing so.
V. ACCEPTANCE - WARRANTY
i. The customer must thoroughly check all deliveries from the company. Receipt of goods and/or works shall be deemed to constitute acceptance. After full or partial processing of the delivered goods and/or works, these goods and/or works shall be deemed to have been irrevocably accepted in the absence of a written complaint within 8 days of receipt or completion of the works. They shall also be deemed to have been irrevocably accepted as soon as they are fully or partially put into use or other materials or constructions are placed on, against, in front of or along works carried out.
ii. If the customer refuses to accept the ordered goods and/or works, he shall be liable, even without any notice, for a fixed compensation of 25% of the order value. The company reserves the right, in accordance with common law, to demand performance of the agreement or to prove higher compensation.
iii. Acceptance covers all visible and hidden defects. Complaints about visible defects will only be accepted if the customer formulates them in writing immediately on the delivery note. Under penalty of forfeiture, hidden defects must be reported by registered letter within 48 hours of discovery.
iv. A complaint, regardless of its nature, can never be invoked by the customer as a reason for postponement of payment.
v. Any claim regarding (visible or hidden) defects must be instituted immediately before a court, otherwise it will be forfeited.
vi. In the event of liability, the company has the choice to repair, replace or take back the delivered goods against reimbursement of the purchase price, without any further liability and without the customer having any further recourse. If the original device is no longer available in the market in the meantime, a device of similar quality and properties will be delivered and installed in the event
of replacement. The replacement of (part of) the delivery cannot give rise to the termination of the agreement, nor can it give rise to any right to compensation on the part of the customer, nor can it give rise to a possibility of refusal to pay the balances still owed by the customer. Any indemnity due to visible or hidden defects is excluded if the goods have been processed or worked on by (the actions of) the customer, or if they have been repaired or resold by the customer or third parties. The goods may not be returned without the company's agreement. The company's agreement to take back the goods does not imply any acknowledgement of liability.
vii. Notwithstanding the sections i to v of this article, a 12-month warranty is provided for any construction errors, including parts, travel costs and working hours, upon delivery of new material. This is subject to (i) compliance with the payment and usage conditions, (ii) normal use of the material and (iii) maintenance using the cleaning products and spare parts supplied and/or prescribed by the company. However, no warranty is provided with regard to the wear and tear of parts in glass, rubber, plastic, paper, carbon and other easily damaged materials. The company's warranty with regard to delivered goods can also never extend further than the warranty as provided to the company by the producers or suppliers of the goods.
VI. PAYMENT
i. Unless expressly stated otherwise in writing, all invoices are payable in cash within 8 days upon receipt of the goods by bank transfer or guaranteed bank check in favour of the company.
ii. In the event that the customer provides incorrect or incomplete billing information, resulting in the need to re-invoice the order/service, we reserve the right to charge an administrative fee of €20 for the resulting additional administrative costs.
iii. An invoice must be disputed by registered letter within 8 days of the invoice date, stating the reasons for the dispute and the invoice details (number, date, etc.).
iv. Failure to pay an invoice (on time) will automatically, even without any notice, entail default interest from the due date at the interest rate referred to in the Act of 2 August 2002 on combating late payment in commercial transactions, as well as, by way of fixed compensation, an amount of 10% of the invoice amount, with a minimum of €40, without prejudice to the right to compensation for the total costs of collection due to late payment.
v. Failure to pay an invoice on its due date (on time) shall, by operation of law and without notice of default, render all other outstanding invoices immediately due and payable, even if they have not yet expired.
vi. In the event of non-payment (on time) or when there are other serious facts or shortcomings on the part of the customer (including protest signature, deferral of payment, judicial agreement, seizure, negative advice from factoring or credit insurance company, etc.), the company reserves the right to stop further deliveries, as well as to terminate the agreement immediately, without prior judicial intervention. Notification will be made by registered letter, in which the reasons for the termination are set out.
vii. The issuance of accepted or unaccepted bills of exchange and promissory notes or the acceptance of payment terms does not result in a novation of debt or amendment of these general terms and conditions; they remain fully applicable.
VII. RESERVATION OF OWNERSHIP
The goods sold remain the property of the company until they have been paid in full in principal, interest and costs, so that in the event of non-compliance with the payment conditions, the company is legally authorised to take back the goods, at the first request and under penalty of a penalty of €25 per day of delay. The sums already paid will be retained by the company as an advance or as a reduction on the price by way of fixed compensation. However, the company reserves the right to prove additional damage. A credit note will be drawn up for the residual value of the goods. The customer undertakes to insure the sold, unpaid goods, to use them with due diligence and to keep them at the disposal of the company. The customer is therefore not permitted to sell, pledge or dispose of sold, unpaid goods in any way without the permission of the company. In the event of a breach of this prohibition, the company acquires the right to the sales price in place of the sold, unpaid goods. In the event of seizure, the customer will notify the existence of this retention of title and will immediately notify the company.
VIII. HIRE PURCHASE
In the event of a hire purchase, the company shall be entitled to take back the goods upon first request, in the event of non-payment of 2 rental amounts. The customer undertakes to insure the goods for their full value and for the entire rental period and to prove this to the company. Furthermore, the customer must use the goods with due care and diligence and keep them at the company's disposal. In the event of defects or damage to the goods, the customer shall immediately notify the company and shall be obliged to pay for any repairs, including spare parts, resulting from its own negligence or incorrect use. The customer shall also immediately inform the company of any change in status or relocation of the goods.
IX. LIABILITY
i. The company shall only be liable for loss, damage, costs, expenses, claims arising in connection with the performance of the agreement as a result of gross negligence, gross error or fraud in the performance thereof on the part of the company.
ii. In the event of damage for which both the company and third parties and/or the customer are (jointly) liable, the company shall only be liable to the extent that its fault(s) contributed to the damage. Any form of joint and several liability of the company is excluded. If the company's share of fault in certain damage cannot be determined, the company shall at most be liable for the part of that damage that is proportional to the number of parties liable for that damage.
iii. The liability of the company shall in any case be limited to an amount of €150,000 per claim. If applicable liability insurance provides coverage for higher amounts, the liability shall be increased to the 2 amounts effectively guaranteed by the insurance company for the claim in question. The customer acknowledges having taken note of the current insurance conditions at the time of contracting and may at any time request a recent insurance certificate.
iv. In the case of goods ordered via the website, the customer is liable for any diminished value of the goods during her possession, as well as during the transport of the goods upon return.
X. LIMITATION PERIOD
All claims against the company shall expire one year after delivery or completion of the works, unless mandatory statutory provisions or these terms and conditions provide otherwise.
XI. GENERAL PROVISIONS
The invalidity or unenforceability of one or more (partial) provisions of these conditions shall not affect the validity or enforceability of the other (partial) provisions thereof. The invalid or unenforceable (partial) provisions shall be replaced by valid and enforceable (partial) provisions that most closely approximate the original intention. The customer shall make the provisions of these conditions enforceable against its directors, managers, shareholders, staff, intermediaries, subcontractors and other employees so that they are equally bound by them. The customer shall indemnify the company against all third-party claims related to or arising from, the delivery.
XII. OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND DISPUTES
Consumer Redress in the EU
XIII. CHOICE OF LAW
All amounts due are transferable. All disputes of whatever nature in connection with or on the occasion of the agreement shall be settled according to Belgian law and shall fall exclusively under the jurisdiction of the courts of Dendermonde.
XIV. DATA STORAGE AND PROCESSING
Your data is stored for shipping and billing purposes, and will not be shared with third parties. You can request this data at any time and/or have it deleted from our files except for the billing data.
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GENERAL TERMS AND CONDITIONS – B2B
The following general terms and conditions apply to all our commercial transactions and always take precedence over other general terms and conditions, in particular those of the customer. Any other terms and conditions are only binding on us if we expressly confirm them in writing.
I. PRICES – MODELS & SPECIFICATIONS
Unless otherwise agreed, the company uses net prices valid for goods to be purchased in the warehouses, as well as goods ordered via the webshop. VAT and other fiscal charges are for the account of the customer; as well as any stamp duties, reception fees, other taxes or costs. Dimensions and other technical characteristics of goods as well as the drawings as they appear in the catalogues and brochures are approximate and cannot be opposed to the company, with the exception of technical drawings.
II. ORDER - TERM
i. The individual price quotation drawn up by the company is valid for 1 month and is binding upon acceptance by the customer and our express written confirmation of the order, which cannot be evidenced by any clause or signature on the price quotation.
ii. In the event of cancellation of an order by the customer, the latter will be liable, even without any notice, for a fixed compensation of 25% of the value of the order value. The company reserves the right, in accordance with common law, to demand performance of the agreement or to prove higher compensation.
iii. The company reserves the right to cancel an order (in whole or in part) or at least suspend it, without the customer being entitled to any compensation, (i) if the goods are not (any longer) available from the manufacturer or supplier; and (ii) in the event of serious facts or shortcomings on the part of the customer, as a result of which it can no longer reasonably be expected to continue with the agreement.
iv. If the customer, in the case of an order via the website, chooses a different method of delivery than the cheapest standard delivery offered by the company, the additional costs for this other method of delivery will be borne by the customer.
III. WITHDRAWAL PERIOD
i. In the case of an order via the website by the customer, the customer has the right to withdraw the order free of charge within 14 days from the moment the customer or a party designated by the customer takes possession of the goods. The customer must use the withdrawal form provided by the company for this purpose. After the expiry of this period, the customer can only exercise his right of withdrawal by paying a fixed compensation in accordance with article II, ii of the General Terms and Conditions.
ii. The customer must return the goods to the company no later than 14 days after communicating the decision to withdraw from the agreement. The company reserves the right to wait with the reimbursement of the sums already paid by the customer until either the customer proves that the goods have been returned or until the company has received the goods, whichever is the earliest. If the customer does not return the goods within 14 days, he is deemed to no longer exercise her right of withdrawal and is obliged to pay the amounts due in accordance with the agreement.
iii. The customer bears the costs of returning the goods.
iv. The customer is liable for the depreciation of the goods resulting from the handling of the goods by her that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
v. Exercising the right of withdrawal terminates the agreement concluded with the customer.
IV. DELIVERY
i. The delivery times are target dates; they will be respected as much as possible, but are not binding. Thus, a delay in delivery can never give rise to any form of compensation and/or give the customer the right to cancel an order, unless expressly waived in writing.
ii. In any event, the company is released from any liability in the event of force majeure and reserves the right to adjust delivery times accordingly in the event of force majeure and even to cancel the order.
iii. Unless otherwise agreed, the goods are considered delivered from the moment they are in our warehouses, so that the storage of the goods and their dispatch are at the customer’s expense and risk. All transports carried out by the company are subject to CMR conditions.
iv. In the event of delivery of an order via the website, the company is liable for damage to the goods during transport to the customer. The customer is liable for damage to the goods during its possession, as well as when it returns the goods and has acted negligently in doing so.
V. ACCEPTANCE - WARRANTY
i. The customer must thoroughly check all deliveries from the company. Receipt of goods and/or works shall be deemed to constitute acceptance. After full or partial processing of the delivered goods and/or works, these goods and/or works shall be deemed to have been irrevocably accepted in the absence of a written complaint within 8 days of receipt or completion of the works. They shall also be deemed to have been irrevocably accepted as soon as they are fully or partially put into use or other materials or constructions are placed on, against, in front of or along works carried out.
ii. If the customer refuses to accept the ordered goods and/or works, he shall be liable, even without any notice, for a fixed compensation of 25% of the order value. The company reserves the right, in accordance with common law, to demand performance of the agreement or to prove higher compensation.
iii. Acceptance covers all visible and hidden defects. Complaints about visible defects will only be accepted if the customer formulates them in writing immediately on the delivery note. Under penalty of forfeiture, hidden defects must be reported by registered letter within 48 hours of discovery.
iv. A complaint, regardless of its nature, can never be invoked by the customer as a reason for postponement of payment.
v. Any claim regarding (visible or hidden) defects must be instituted immediately before a court, otherwise it will be forfeited.
vi. In the event of liability, the company has the choice to repair, replace or take back the delivered goods against reimbursement of the purchase price, without any further liability and without the customer having any further recourse. If the original device is no longer available in the market in the meantime, a device of similar quality and properties will be delivered and installed in the event
of replacement. The replacement of (part of) the delivery cannot give rise to the termination of the agreement, nor can it give rise to any right to compensation on the part of the customer, nor can it give rise to a possibility of refusal to pay the balances still owed by the customer. Any indemnity due to visible or hidden defects is excluded if the goods have been processed or worked on by (the actions of) the customer, or if they have been repaired or resold by the customer or third parties. The goods may not be returned without the company's agreement. The company's agreement to take back the goods does not imply any acknowledgement of liability.
vii. Notwithstanding the sections i to v of this article, a 12-month warranty is provided for any construction errors, including parts, travel costs and working hours, upon delivery of new material. This is subject to (i) compliance with the payment and usage conditions, (ii) normal use of the material and (iii) maintenance using the cleaning products and spare parts supplied and/or prescribed by the company. However, no warranty is provided with regard to the wear and tear of parts in glass, rubber, plastic, paper, carbon and other easily damaged materials. The company's warranty with regard to delivered goods can also never extend further than the warranty as provided to the company by the producers or suppliers of the goods.
VI. PAYMENT
i. Unless expressly stated otherwise in writing, all invoices are payable in cash within 8 days upon receipt of the goods by bank transfer or guaranteed bank check in favour of the company.
ii. In the event that the customer provides incorrect or incomplete billing information, resulting in the need to re-invoice the order/service, we reserve the right to charge an administrative fee of €20 for the resulting additional administrative costs.
iii. An invoice must be disputed by registered letter within 8 days of the invoice date, stating the reasons for the dispute and the invoice details (number, date, etc.).
iv. Failure to pay an invoice (on time) will automatically, even without any notice, entail default interest from the due date at the interest rate referred to in the Act of 2 August 2002 on combating late payment in commercial transactions, as well as, by way of fixed compensation, an amount of 10% of the invoice amount, with a minimum of €40, without prejudice to the right to compensation for the total costs of collection due to late payment.
v. Failure to pay an invoice on its due date (on time) shall, by operation of law and without notice of default, render all other outstanding invoices immediately due and payable, even if they have not yet expired.
vi. In the event of non-payment (on time) or when there are other serious facts or shortcomings on the part of the customer (including protest signature, deferral of payment, judicial agreement, seizure, negative advice from factoring or credit insurance company, etc.), the company reserves the right to stop further deliveries, as well as to terminate the agreement immediately, without prior judicial intervention. Notification will be made by registered letter, in which the reasons for the termination are set out.
vii. The issuance of accepted or unaccepted bills of exchange and promissory notes or the acceptance of payment terms does not result in a novation of debt or amendment of these general terms and conditions; they remain fully applicable.
VII. RESERVATION OF OWNERSHIP
The goods sold remain the property of the company until they have been paid in full in principal, interest and costs, so that in the event of non-compliance with the payment conditions, the company is legally authorised to take back the goods, at the first request and under penalty of a penalty of €25 per day of delay. The sums already paid will be retained by the company as an advance or as a reduction on the price by way of fixed compensation. However, the company reserves the right to prove additional damage. A credit note will be drawn up for the residual value of the goods. The customer undertakes to insure the sold, unpaid goods, to use them with due diligence and to keep them at the disposal of the company. The customer is therefore not permitted to sell, pledge or dispose of sold, unpaid goods in any way without the permission of the company. In the event of a breach of this prohibition, the company acquires the right to the sales price in place of the sold, unpaid goods. In the event of seizure, the customer will notify the existence of this retention of title and will immediately notify the company.
VIII. HIRE PURCHASE
In the event of a hire purchase, the company shall be entitled to take back the goods upon first request, in the event of non-payment of 2 rental amounts. The customer undertakes to insure the goods for their full value and for the entire rental period and to prove this to the company. Furthermore, the customer must use the goods with due care and diligence and keep them at the company's disposal. In the event of defects or damage to the goods, the customer shall immediately notify the company and shall be obliged to pay for any repairs, including spare parts, resulting from its own negligence or incorrect use. The customer shall also immediately inform the company of any change in status or relocation of the goods.
IX. LIABILITY
i. The company shall only be liable for loss, damage, costs, expenses, claims arising in connection with the performance of the agreement as a result of gross negligence, gross error or fraud in the performance thereof on the part of the company.
ii. In the event of damage for which both the company and third parties and/or the customer are (jointly) liable, the company shall only be liable to the extent that its fault(s) contributed to the damage. Any form of joint and several liability of the company is excluded. If the company's share of fault in certain damage cannot be determined, the company shall at most be liable for the part of that damage that is proportional to the number of parties liable for that damage.
iii. The liability of the company shall in any case be limited to an amount of €150,000 per claim. If applicable liability insurance provides coverage for higher amounts, the liability shall be increased to the 2 amounts effectively guaranteed by the insurance company for the claim in question. The customer acknowledges having taken note of the current insurance conditions at the time of contracting and may at any time request a recent insurance certificate.
iv. In the case of goods ordered via the website, the customer is liable for any diminished value of the goods during her possession, as well as during the transport of the goods upon return.
X. LIMITATION PERIOD
All claims against the company shall expire one year after delivery or completion of the works, unless mandatory statutory provisions or these terms and conditions provide otherwise.
XI. GENERAL PROVISIONS
The invalidity or unenforceability of one or more (partial) provisions of these conditions shall not affect the validity or enforceability of the other (partial) provisions thereof. The invalid or unenforceable (partial) provisions shall be replaced by valid and enforceable (partial) provisions that most closely approximate the original intention. The customer shall make the provisions of these conditions enforceable against its directors, managers, shareholders, staff, intermediaries, subcontractors and other employees so that they are equally bound by them. The customer shall indemnify the company against all third-party claims related to or arising from, the delivery.
XII. OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND DISPUTES
XIII. CHOICE OF LAW
All amounts due are transferable. All disputes of whatever nature in connection with or on the occasion of the agreement shall be settled according to Belgian law and shall fall exclusively under the jurisdiction of the courts of Dendermonde.
XIV. DATA STORAGE AND PROCESSING
Your data is stored for shipping and billing purposes, and will not be shared with third parties. You can request this data at any time and/or have it deleted from our files except for the billing data.