Article 1 - Definitions and applicability
1 In these conditions:
customer: every natural person or legal person who is registered with the trade register of the Chamber of Commerce or any natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
day: calendar day;
Entrepreneur: the public limited company Avalloons NV, Sempertex Europe, established at Mieënbroekstraat 43, 3600 Genk, Belgium with VAT identification number BE0833 747 266, hereinafter referred to as Sempertex Europe;
agreement: every agreement that is entered into between the entrepreneur and the customer, directly or remotely, any change thereto or addition thereto, as well as all legal acts in preparation and in execution of that agreement;
product: any item offered, delivered or delivered by the entrepreneur on the basis of the agreement or on the basis of traffic conceptions the equivalent product.
conditions: these general conditions
- These conditions apply to every offer, quotation and agreement between the entrepreneur and a customer, insofar as the parties have not expressly deviated from these conditions in writing.
- The applicability of any purchase or other conditions of the customer is explicitly rejected.
- If one or more stipulations in these terms and conditions at any time wholly or partially become null and void or destroyed, then the remainder in these conditions remain fully applicable. Entrepreneur and customer will then enter into consultation in order to agree on new provisions to replace the void or void provisions, whereby the purpose of the original provisions will be taken into account as far as possible.
- If there is a lack of clarity regarding the interpretation of one or more provisions of these conditions, then the explanation must take place according to the spirit of these provisions.
- If a situation arises between the parties that is not regulated in these conditions, this situation must be assessed in the spirit of these conditions.
- If the entrepreneur does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would in any way lose the right to demand strict compliance with these conditions in other cases.
Article 2 - The offer
- Every offer from the entrepreneur on the website is without obligation.
- Obvious mistakes or mistakes in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price excluding taxes, unless otherwise agreed;
- the possible costs of delivery;
- the way in which the contract will be concluded and which actions are necessary for this;
- the method of payment, delivery or execution of the agreement;
- the period for accepting the offer or the period for adhering to the price
Article 3 - Offers & Catalogs
- An offer expires if the product to which the offer relates is no longer available in the meantime.
- A requested quote is valid 7 days after it is issued by the entrepreneur. Within 1 working day after the order confirmation has been received by the entrepreneur, the request will be placed on order.
- Images, size and weight specifications, etc .. which the entrepreneur provides in catalogs or otherwise, are not binding for him and are exclusively intended to give a representation of the offered article. Deviations in whatever form do not give the customer the right to refuse the goods, to omit payment or to demand compensation. Transmission of catalogs and / or price lists does not oblige the entrepreneur to delivery and remain his property.
Article 4 - The contract
- Subject to the provisions of paragraph 2, the agreement is concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the corresponding conditions.
- If the buyer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
- Each agreement is entered into under the suspensive condition of sufficient availability of the products and / or services concerned
Article 5 - Price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned on the website products or services are exclusive of 21% VAT. The prices of products or services mentioned in the quotation are also exclusive of VAT. Price increases are permitted and will be made known on the webshop www.sempertex-europe.com.
Article 6 - Payment & damage clause
- Payment must be made to confirm the order. The goods are only sent after receipt of payment, unless otherwise agreed in writing.
- If agreed in writing, the amounts owed by the buyer within 7 days after placing an order must be paid on the account number specified by the entrepreneur.
- The entrepreneur is entitled to set a maximum to the total amount of the monthly installment payment of paragraph 2 of this article.
- Entrepreneur has the right to execute a credit check in advance. If a negative judgment follows from this, the entrepreneur is entitled to demand advance payment from the customer, failing which the entrepreneur will not proceed to delivery. The delivery time will start with such a prepayment from the moment the payment is received at Sempertex Europe.
- If the payment term is exceeded, the entrepreneur is entitled to charge a default interest of 1.5% per month on the outstanding amount, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the invoice date of the outstanding amount, legally and without notice of default. If the customer is in default to pay, the entrepreneur is not obliged to further delivery and he can decide to dissolve the agreement and claim damages. Collection costs and return costs are for the account of the customer. The customer is never entitled to set off the amount owed by him to the entrepreneur.
- Objections against the height of an invoice do not suspend the payment obligation.
- The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- The customer who fails to pay an invoice on the due date expressly undertakes that the invoice amount will be increased by an interest of 15% and this with a minimum of 40 €, without reminder. This does not include any court costs or collection agency costs, these are also at the expense of the customer.
Article 7 - Retention of title
- All goods delivered by the entrepreneur in the context of the agreement remain the property of the entrepreneur until the customer has fulfilled all obligations arising from the contract (s) entered into with the entrepreneur, including the purchase price, any surcharges, interest due under these conditions or the agreement taxes, costs and damages.
- Goods delivered by the entrepreneur that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
- The customer must always do everything that can reasonably be expected of him to secure the proprietary rights of the entrepreneur.
- If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, then the customer is obliged to immediately inform entrepreneur.
- In the event that the entrepreneur wishes to exercise his property rights referred to in this article, the buyer gives unconditional and irrevocable consent to the entrepreneur and third parties to be appointed by the entrepreneur to enter all those places where the properties of the entrepreneur are located and those items returned. to take.
Article 8 - Delivery and execution
- The entrepreneur will take the necessary care when receiving and executing orders for products.
- The place of delivery is the address that the customer has made known to the company.
- With due observance of the provisions in article 2 of these general terms and conditions, the entrepreneur will deliver accepted orders with due speed. If the delivery is delayed, or if an order can not or only partially be executed, the customer will receive this as soon as possible after he has placed the order. In that case, the customer has the right to dissolve the agreement without any costs.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the customer has already paid in advance as soon as possible but no later than 14 days after dissolution.
- The risk of damage and / or loss of products rests with the trader up to the moment of delivery at the address in accordance with the address in paragraph 2, unless expressly agreed otherwise.
- All offers and delivery times are entirely without obligation. Although the agreed delivery times will be taken into account as much as possible, any liability on the part of the entrepreneur due to non-delivery or delayed delivery is excluded.
- Exceeding the delivery time does not release the customer from his obligations.
Article 9 - Complaints and right of withdrawal
- The customer is obliged to inspect the delivered goods for defects immediately at the moment the products are made available to him. The customer should then examine whether quality and / or quantity corresponds with what has been agreed.
- When purchasing products, the customer has the option to terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the customer or a representative designated by the buyer and made known to the entrepreneur.
- During this period the customer will handle the product and unopened packaging carefully. If the customer uses his right of withdrawal, he will return the product with all accessories and in the original and unopened packaging to the entrepreneur. The return shipment must be sent carriage paid to the entrepreneur within 14 days after receipt of the goods.
- If a defect is reported later, the customer will no longer be entitled to repair, replacement or compensation.
- If the customer complains in time, this does not suspend his payment obligation. The customer will in that case also be obliged to purchase and pay for any other ordered products
Article 10 - Conformity and manufacturer's warranty
- The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
- Sempertex balloons are compliant with all TUV certificates.
Article 11 - Liability
- The entrepreneur is in no case liable for visible and invisible defects of the goods delivered by him, nor for the resulting direct or indirect material or physical damage to the customer or third parties. Entrepreneur is not liable for damage of whatever nature, caused by the fact that the entrepreneur has assumed incorrect and / or incomplete information provided by or on behalf of the buyer.
Article 12 - Force majeure
- The entrepreneur is not obliged to fulfill any obligation towards the customer if he is prevented from doing so as a result of a circumstance that is not due to fault and not under the law, a legal act or generally accepted for his account. .
- Force majeure means in these general terms and conditions, in addition to what is understood in the law and jurisprudence, all external causes, foreseen and not foreseen, on which the entrepreneur can not exercise influence, but as a result of which the entrepreneur is unable to fulfill his obligations. come. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) performance of the contract occurs after the entrepreneur should have fulfilled his obligation.
- During the period that the force majeure continues, the Entrepreneur can suspend the obligations under the agreement. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement without any obligation to compensate the other party for damage.
- Insofar as the entrepreneur has at the time of the occurrence of force majeure partially fulfilled his obligations under the agreement or will be able to fulfill them, and the part to be respectively vested is due, the entrepreneur is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 13 Complaints
- Complaints about the execution of the contract must be submitted to the entrepreneur within 5 days after receipt of the goods, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
Article 14 - Applicable law and disputes
- Only Belgian law applies to agreements between the entrepreneur and the customer to which these conditions apply, even if an obligation is fully or partially implemented abroad. The applicability of the Vienna Sales Convention is excluded.
- All disputes arising from offers or agreements, however named, will be subject to the judgment of the Court of Hasselt.
- The parties will first appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 15 - Change of conditions
- The entrepreneur reserves the right to change these Terms and Conditions unilaterally.
- Applicable is always the version that applied at the time of the establishment of the relevant legal relationship with the entrepreneur. The Customer is advised to regularly check the Terms and Conditions for changes.