GENERAL SALES TERMS AND CONDITIONS H2O BENELUX
SPRL H2O Benelux
1640 Sint Genesius Rode
BTW : BE 0563.712.035
Manager: Christophe Carrette
Email adress: email@example.com
PRIOR NOTICE: the present general terms and conditions of sale are also available on request in other languages, either in Dutch and in French. Failing to demand those other languages, the present general conditions of sale in English are considered accepted and therefore applicable.
Article 1: APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
- Unless expressly agreed otherwise, the acceptance of the estimate or the payment of the invoice by the customer entails its adherence to the present general terms and conditions.
- These terms and conditions govern the relationship between the seller and the customer. Only written modifications signed by both parties, in the quotation, invoice or any other document, will derogate from these general conditions.
- The conditions of the customer’s order cannot be opposed to the seller.
Article 2: PRICES
The prices stated for each product are in Euro and must comply with Belgian legislation in terms of taxes. If products from SPRL H2O Benelux are to be exported, they must comply with the local legislation in the countries of delivery in terms of customs clearance and local taxes.
Sales that are free of VAT (Value Added Tax) to customers who are not registered for VAT are only possible on condition that supporting documents are presented in advance.
In case that the products of SPRL H2O Benelux are exported, the charges for carriage and transport will be negotiated on a case-by-case basis between the customer and SPRL H2O Benelux.
SPRL H2O Benelux reserves the right to modify all of its prices at any time. Nevertheless, products will be invoiced based on the prices in effect at the time the order is recorded.
Article 3: OFFER – ACCEPTANCE
3.1. Quotations and invoices issued to the customer are valid for one month.
3.2. The data on the illustrations, plans, prospectuses or printed materials are provided for information purposes only and are generally averages applicable in the sector. Under no circumstances will the customer be able to rely on the seller.
3.3. The cost of studies and research prior to drawing up the estimate shall be borne by the customer, irrespective of the subsequent conclusion of the contract.
3.4. The specific requirements of the customer must be communicated to the seller at the time of the order. If these requirements are subsequently transmitted, prices may be adjusted.
3.5. Installation of the delivered goods is carried out by the customer, or his subcontractor, and under his responsibility in accordance with the manufacturer’s installation instructions.
Article 4: PAYMENT
4.1. All invoices are payable within 8 working days of receipt by mail of the invoice. The devices will be delivered from receipt of payment of the invoice.
4.1. In the case of non-payment on the due date, the customer is due to the seller by law and without notice to pay a negligence interest of ten percent per annum, as well as a flat-rate compensation amounting to ten percent of the due amount excluding taxes on the due date with a minimum of twenty five euros
4.3. The seller also reserves the right to suspend delivery and / or work until the invoices are paid without compensation for the customer and without prejudice to the right to claim reimbursement of the costs and damage incurred. Such suspension may intervene if payment has not been made within 48 hours after sending a notice by post or mail. The agreed terms will then automatically be renewed with the duration of their interruption.
Article 5: TRANSFER OF OWNERSHIP AND RISKS
5.1. The ownership of the goods will only be transferred to the customer after the price of the goods has been paid in full.
5.2. The transfer of the risks to the customer comes from the delivery of the goods. The customer assumes the conservation of the goods from delivery, and is responsible for the damage suffered (including thefts, disappearances or similar damages).
5.3. Proof of transaction. Computerised records, stored in the IT systems of SPRL H2O Benelux under reasonable security conditions, will be considered as the proof of the correspondence, orders and payments that have taken place between the parties. Purchase orders and invoices are archived on a dependable and sustainable medium and may be produced by way of proof.
Article 6: TERMS
6.1. The delivery and execution terms that may be determined are purely indicative and are never mandatory.
6.2. The customer must facilitate the delivery of goods and the execution of works as well as possible. In this regard, he must ensure that the premises and stairs where the works are to take place are free from all obstacles.
Article 7: MODIFICATION AND FAILURE OF THE AGREEMENT
7.1. If the customer requests to change its original order as shown in the original quotation or invoice, the seller reserves the right to suspend or terminate the agreement. No damages can be claimed by the customer due to suspension or dissolution.
7.2. In case of a change in the customer’s situation, such as death, incompetence, bankruptcy, judicial agreement, liquidation or change of company, or in case of non-compliance with the contractual obligations of the customer, the seller reserves the right to suspend or dissolve the agreement. No damages can be claimed by the customer due to suspension or dissolution.
7.3. In case of a new customer request, which is not provided in the original quotation or invoice, the seller will assess whether he is able to meet the request or not. The refusal of the seller to comply with the new request does not affect the original order and, consequently, the parties will still be obliged to execute the obligations arising from the original order.
7.4. If one of the two parties terminates the agreement unilaterally or the agreement can no longer be executed in full or in part by its action, this party shall be liable to the other party for damages of twenty percent of the total price excluding taxes on the invoiced goods.
7.5. In case of “act of God”, the party who is victim of this is released from any responsibility. It can reduce commitments or terminate the agreement, without being obliged to pay any damages.
7.6. May be cases of “act of God”: wars, civil wars, mobilization, riots, strikes, lockouts, machine failure, fire, malfunction of the means of transport, difficulties in providing basic materials and energy, restrictions or provisions imposed by the Governments, etc.
Article 8: GUARANTEE
8.1. Upon reception of the goods, it is presumably acquired that a waiver is made regarding the possibility of invoking external defects or defects of conformity, in the following circumstances:
- Eight calendar days after receipt of the goods or
- Payment of the price of the invoice without reservation.
8.2. The seller’s warranty for hidden defects (art 1641 of the civil code) is strictly limited to the replacement of the defect or repair of the defects, and in no event can give rise to the payment of compensation. This guarantee can only be claimed by the customer insofar as he has paid the invoiced amount in full.
8.3. In order to guarantee the proper functioning of the filters sold by the SPRL H2O Benelux, the customer will check, under his own responsibility, that they are connected to the city water meter delivering a drinking water quality according to the local legislation in force of the country where the filter is placed. For the European Union this corresponds to the “European Drinking Water Directive 9883EG 1998”.
In addition it is imperative to place a pressure reducer after the water meter and before the devices delivered by SPRL H2O Benelux. This reducer must be set between 4-5 bar maximum.
8.4. The customer must comply with the instructions for replacing the filter cartridges supplied by the manufacturer of the sold filters (both as regards their filtration capacity (expressed in m3) and as regards the service life of these cartridges (expressed in years). Depending on the countries concerned, faster replacement of cartridges or filtration units may be required by law for public applications. The customer will verify under his own responsibility that the cartridges are not abnormally saturated with sludge, corrosion, small gravel or any other material that may prevent normal operation of the filter cartridges. If necessary, the customer will place a particle filter (to retain fine particles of mud, sand, small gravel etc …) upstream of the filter for this purpose. 8.5. In the case of public applications of filtered & dynamized water, the customer will comply with the instructions or requests of the public authorities concerned (for example in Belgium the AFSCA-FAVV), in terms of filtration and / or water dynamization in a public debit.
8.6. In order to ensure that the dynamizers function properly, as they are made of copper pipes, the customer will, under his own responsibility, ensure that the water does not run too aggressively into the apparatus, ie water having a pH (degree of acidity) greater than 6, this under penalty of causing corrosion of the copper pipes of the dynamizer risking leaks or breaks of the pipes of this one.
8.7. H2O Benelux devices can only be placed in areas with temperatures between minimum 1 ° C and maximum 50 ° Celsius.
8.8. Legal guarantee. All devices sold by the SPRL H2O Benelux benefit from the 2-year legal warranty on consumer protection (law of 1 September 2004) in case of lack of conformity of consumer goods (non-compliance, lack of qualities to which the customer can reasonably expect, outages, etc.). This warranty applies to all consumer goods sold by a professional to a consumer acting for private purposes.
Article 9: COMPLAINTS
9.1. Any complaint regarding invoices or deliveries must be addressed to the seller within eight calendar days of receipt of the invoice by registered letter or mail to the address firstname.lastname@example.org . In the absence of a complaint within eight calendar days, the invoices are deemed to have been accepted.
9.2. All goods delivered and paid may not be returned to the seller except as provided in Article 8 above. In the event that goods were returned under this article these goods must imperatively be returned to the seller at the customer’s expense conditioned identical to their delivery and in their pristine condition.
9.3. In case of a loss, the seller’s insurance company is the sole authorized to estimate the damage incurred by the customer. Any accident must be reported and explained by letter within the twenty-four hours of the event. In the absence of such declaration within twenty-four hours, the customer has no right to reverse the seller’s view.
Article 10. CONFIDENTIALITY OF PERSONAL AND BANKING DATA
Right of access and amendment of data. In order to meet the customer’s needs and provide the best possible service, SPRL H2O Benelux is required to record certain details about the customer in its database (company name, VAT nº, company number, e-mail or postal address, surname, first name, etc.). The fact of the customer providing SPRL H2O Benelux with this information, via the website at www.h2obenelux.be, by e-mail or any other form of communication, equates to the customer’s consent for his/her/its details to be stored in the database or computer files of SPRL H2O Benelux and for those details to be used in the business relations between SPRL H2O Benelux and the customer. This data will be used for customer administration, order management, deliveries, invoicing material and immaterial services, monitoring the customer’s solvency, publicity, personalised treatment and the marketing of SPRL H2O Benelux products to customers. The customer may be notified of offers from SPRL H2O Benelux by telephone, post or e-mail. If the customer does not wish to receive this type of information or no longer wishes to receive it, an e-mail should be sent to the SPRL H2O Benelux customer service department at email@example.com stating company name, surname, first name and address.
Customer banking information. No banking information provided by customers when a purchase is made is saved, stored or made visible online.
Customer data is processed in accordance with the provisions of directive 2002/58/EC relative to the processing of personal data. In practical terms, this means in particular that:
Customer data of a personal nature may only be gathered and processed in accordance with the purposes stated in these general sales terms and conditions. This means that SPRL H2O Benelux does not sell or market or lease data relating to its customers to any third parties.
Customers have the right at all times to access and amend their data. They also have the right to object to its use, or to verify the accuracy of the data and to correct any errors relating to that data. To do so, all customers need to do is send an e-mail to firstname.lastname@example.org clearly stating their details.
Use for statistical purposes relative to browsing the site.
When you access the H2O Benelux website, the servers consulted automatically gather the following data:
- the IP address attributed to you when you connect;
- the date and time of accessing the site;
- the pages viewed;
- the type of browser used;
- the platform and/or operating system installed on the PC;
- the search engine, as well as the keywords used to locate the site.
This information is kept for the sole purpose of measuring the number of visitors to the various sections of the site and to make improvements to them.
Article 11: LIABILITY
SPRL H2O Benelux’s liability may not be invoked for disruptions or damage inherent to using the Internet, specifically for a breakdown in the service, intrusion from the outside or the presence of computer viruses, or for any other event qualified as force majeure in accordance with the law. The products offered comply with current Belgian legislation and with the standards applicable in Belgium. Any photographs, films, videos, texts, information graphics and characteristics reproduced to illustrate the products presented are not contractual in nature. As a result, SPRL Benelux’s liability cannot be invoked in the event of an error or omission in any of these photographs, films, videos, texts, information graphics and characteristics of the products or in the event of a modification to the features of the products. SPRL Benelux’s cannot be held responsible for the non-fulfilment of the contract entered into in the event of stocks running out or the product not being available, as well as in the event of force majeure, disruptions to or a total or partial strike in the postal services and means of transport and/or communication, flood or fire. SPRL Benelux’s cannot be held liable for any indirect damage arising from these terms and conditions, operating losses, loss of profit, loss of opportunity, damages or expenses that may occur as a result of purchasing the products.
Article 12: APPLICABLE LAW – COMPETENT COURTS
12.1. The relationship between the seller and the customer is subject to Belgian law, whichever is the nationality of the parties.
12.2. The goods delivered are covered by the Belgian law of 1 September 2004, which imposes a 2-year statutory warranty for a lack of conformity that appears within the two years after delivery. In this regard, the customer has an information period of 2 months from the date on which he has identified the defect to report the lack of conformity to the seller and by registered mail or by mail to email@example.com .
12.3. Any action falls under the exclusive jurisdiction of the courts of Brussels