General conditions of sale
These general conditions apply to the online sale of Afwerkingshop products, whether directly via the webshop www.afwerkingshop.be or via email firstname.lastname@example.org.
- 1.1. Every online sale implies acceptance of these general conditions.
- 1.2. Before a sale can be made via the Afwerkingshop webshop, the buyer will be asked to indicate his acceptance of the general conditions below by ticking the corresponding box. The buyer then has the possibility to access the general conditions via a hyperlink. On opening the hyperlink, the buyer can choose to download, save and/or print these general conditions. By subsequently clicking on the order button, the buyer declares to have read and fully accept these general conditions.
- 1.3. If the sale of products takes place via email, the buyer will receive a copy of these general conditions at the time the quotation is communicated to the buyer. The buyer’s acceptance of the quotation implies the buyer's explicit acceptance of the contents of these general conditions.
- 1.4. Unless expressly agreed otherwise in writing, no deviations may be made from these general conditions. Any other general and/or special conditions of the buyer shall therefore not apply.
- 1.5. Afwerkingshop reserves the right to change and/or supplement these general conditions at any time.
- 1.6. The latest version of the general conditions is available from Afwerkingshop or can be consulted on the Afwerkingshop website: www.afwerkingshop.be/klantenservice/general-conditions.
2. Identity of the seller
- 2.1. The seller is Afwerkingshop, part of NV Jans Building Distribution with registered office at Lummense Kiezel 78, 3510 Hasselt and registered in the Crossroads Bank of Enterprises under number 0400.953.260 (VAT number BE 0400 953 260).
- 2.2. You can reach us by telephone: +32 (0)479/79.70.70, or by email: email@example.com or by using the contact form on our website: www.afwerkingshop.be/klantenservice/contact.
3. Capacity of the buyer
- 3.1. These general conditions shall fully apply if the buyer is a consumer within the meaning of the Economic Law Code or within the meaning of Article 1649 bis § 2.1° of the Civil Code, i.e. if the buyer is a natural person acting for purposes other than those connected with their professional activity or commercial activity.
- 3.2. If the buyer is not a consumer within the meaning of article 3.1, the provisions of these general conditions shall also fully apply, but certain exceptions and/or other provisions may apply where appropriate. These are listed in Article 20.
4. Offer on the Afwerkingshop website
- 4.1. The buyer acknowledges that he has been notified and accepts that production, techniques, technology and design are subject to change specific to the sector, as a result of which some details of the products offered may differ slightly from the ordered or depicted model of the product. Such variations may however in no way detract from the specific characteristics and/or type of use specifically intended by the buyer, as communicated in writing and approved by Afwerkingshop.
- 4.2. If it appears that the Afwerkingshop webshop contains a clear error or omission as regards the products offered there, Afwerkingshop is not obliged to honour any such offer. For the purposes of clarity, this shall also apply for situations in which a price discount is applied that is clearly incorrect.
- 4.3. The offering of products on the Afwerkingshop webshop shall always take place strictly subject to product stock availability.
- 4.4. Any discounts applied may not be combined, unless specifically stated otherwise.
- 4.5. During the period stated in the offer in the webshop, the prices of the products offered shall not change, except in case of price changes resulting purely from changes in VAT rates and/or rates of other taxes, charges and/or duties imposed by the government.
- 4.6. Occasionally certain products are offered for a certain price, but such price offers are only valid for a very short period of time. The reason for this is that certain products are subject to significant price fluctuations on the market and Afwerkingshop consequently needs to adjust its prices accordingly.
5. Requesting a quotation and/or using a calculator
- 5.1. Afwerkingshop makes it possible to request a completely free, non-binding quote. To this end, the interested buyer should contact Afwerkingshop by email or telephone, or fill in his contact details on the website www.afwerkingshop.be/klantenservice/aanvraag-offerte, whereupon Afwerkingshop will contact the buyer to adapt the quotation to the buyer’s specific requirements as well as possible.
- 5.2. All quotations are limited to what is explicitly stated in the quotation.
- 5.3. All Afwerkingshop quotations are communicated in writing and are valid only for the period specified. In the absence of such indication, they shall be valid for 8 days. Since some products are subject to market price fluctuations, Afwerkingshop reserves the right to place a strict time limit on its quotations.
- 5.4. All offers are strictly subject to product availability.
- 5.5. If the buyer eventually decides to order only part of the products included in the quotation, Afwerkingshop reserves the right to refuse the order or to revise the prices in the quotation.
- 5.6. If the buyer asks Afwerkingshop to draw up a quotation for a specific job, Afwerkingshop shall make every reasonable effort to tailor its quotation to the buyer’s specific needs. However, this does not imply an obligation of result. In such cases, Afwerkingshop’s quotation is to be considered purely as an estimate of the requirements based on the data provided by the buyer. As a result, any advice provided by Afwerkingshop to the buyer in this regard is to be considered non-binding and without any obligation. The buyer shall assume full responsibility for his order.
- 5.7. Any possible use of a calculator provided by Afwerkingshop shall not result in any obligation of result for Afwerkingshop. The quantities calculated by the calculator are purely indicative. It is the buyer himself who is fully responsible for his order.
- 5.8. Any discounts applied may not be combined, unless specifically stated otherwise.
- 5.9. During the period stated in the quotation, the prices of the products offered shall not change, except in case of price changes resulting purely from changes in VAT rates and/or rates of other taxes, charges and/or duties imposed by the government.
6. Orders and payment
- 6.1. The buyer shall have the possibility of placing products in his basket via the website www.afwerkingshop.be, at no cost and on a no-obligation basis. If the buyer wishes to proceed with the purchase of the products in his basket, he should click on the button provided thereto. Using the contact, delivery and billing information provided by the buyer and the shipping method selected by the buyer, Afwerkingshop calculates the total price of the products, including delivery costs and administration fees where applicable. The buyer can then choose the payment method to be used. When the buyer has indicated his desired payment method and once he has clicked on the order button, he will be connected to the payment module concerned, whereupon the payment will be carried out and the order will be placed with Afwerkingshop. If the buyer chooses the “Pay on collection” payment method, the ordered products will have to be paid for at the time the products are collected from the selected collection point.
- 6.2. The buyer also has the option of placing his order with Afwerkingshop via email. To this end, after receiving the quotation (as specified in article 5 of these general conditions), the buyer simply needs to carry out the payment order detailed in the Afwerkingshop quotation. However, if the buyer opts to pay for his order on collection, the buyer must confirm his acceptance of the quotation and these general conditions in an email addressed to Afwerkingshop.
- 6.3. In each of the above-mentioned cases, the order shall only be accepted by Afwerkingshop if the buyer has paid the full price for the order (unless he has selected the “Pay on collection” payment method) and if the buyer has received confirmation of the order from Afwerkingshop by email. No agreement is concluded until the order has been expressly accepted/confirmed by Afwerkingshop. Once the order has been confirmed by Afwerkingshop, it shall undertake to deliver the ordered products, either to the stated delivery address or to the selected collection point.
- 6.4. Afwerkingshop accepts payments made using one of the payment options indicated on the website www.afwerkingshop.be.
- 7.1. Unless expressly agreed otherwise in writing, the ordered products shall be available from the selected collection point or be delivered within thirty (30) days following the conclusion of the agreement.
- 7.2. Afwerkingshop’s transport planner shall contact the buyer to confirm a time for delivery.
- 7.3. If Afwerkingshop is unable to deliver the products within the period agreed with the buyer, the buyer shall request Afwerkingshop to make delivery within an additional period, which shall be appropriate in view of the circumstances. If Afwerkingshop is still unable to deliver the products within this additional period, the buyer shall be entitled to terminate the agreement at Afwerkingshop's expense.
- 7.4. Afwerkingshop reserves the right to deliver the ordered products in several batches.
- 7.5. Except in the case of collection from the selected collection point, Afwerkingshop shall deliver the products to the delivery address specified by the buyer, unless subsequently agreed otherwise in writing. Any change to the delivery address shall entitle Afwerkingshop to pass on any additional transport costs to the buyer and to extend the agreed delivery period.
- 7.6. With regard to the buyer's chosen shipping method, Afwerkingshop shall be entirely free to choose the way in which the delivery/transport takes place, the means of transport to be used and/or the carriers hired for this purpose.
- 7.7. Afwerkingshop automatically selects the most suitable shipping method for the buyer based on the order (standard courier for small orders, lorry for large orders or lorry with crane for deliveries at height). If required, in the order process the buyer can himself opt to have the order delivered at height (lorry with crane).
- 7.8. Depending on the order amount, place of delivery and shipping method selected by the buyer, Afwerkingshop shall decide whether or not to apply certain delivery/shipping, packaging and/or storage costs. The buyer will be notified of any such costs before he places the order.
- 7.9. If the order has to be unloaded, this shall always take place for the buyer’s account and at the buyer’s own risk.
- 7.10. The buyer shall do everything necessary to ensure that delivery can be made safely and normally at the specified delivery address and within the agreed time frame. Afwerkingshop may therefore presume that the ordered products can be delivered at the specified delivery address using standard and basic means of transport. The buyer shall ensure that the specified delivery address is properly accessible and that SFIC can use a standard unloading method. For deliveries at height, the buyer shall ensure that at least two people are present capable of effectively unloading the goods at height. Lorries require a minimum space of 15m in length and 3m in width. Where appropriate, the buyer shall apply for the necessary permits and/or signage from the relevant municipality or police department. In case of questions, the buyer may contact Afwerkingshop’s transport planner at any time.
- 7.11. The risk to the delivered products shall transfer to the buyer at the actual time of delivery or on the first collection attempt (in the latter case, from the time at which the products in Afwerkingshop’s warehouses are loaded for transport, whether or not this is carried out by Afwerkingshop). The carrier’s report regarding any impossibility to deliver (given the situation at the location), absence of taking or refusal to take delivery on the part of the buyer shall serve as proof of presentation for delivery.
- 7.12. If the buyer fails to take delivery of the ordered products at the agreed delivery time and the agreed delivery place and this failure is not attributable to Afwerkingshop or to force majeure, Afwerkingshop shall be entitled to invoice the customer for the (shipping) costs of the new delivery.
- 7.13. In derogation of Article 1583 of the Civil Code, the transfer of ownership in the ordered products shall only take place after full payment of the price (where appropriate, including interest, compensation and other costs). Notwithstanding the fact that title to the ordered products shall not pass to the buyer until they have been paid for in full, the buyer himself shall be liable for loss, theft or damage to the ordered products, even in the case of unforeseeable circumstances or force majeure, if the buyer fails to take timely delivery of the ordered products, as referred to in article 7.1.1. Any repeat delivery of the ordered products to the buyer’s delivery address shall always take place at the buyer’s risk and expense.
8. Prices and Payment Terms
- 8.1. All prices are expressed in EURO. Afwerkingshop's webshop allows the user to determine if the prices are shown with or without VAT.
- 8.2. Unless agreed otherwise, prices shall be deemed to be exclusive of warranty items (including, but not limited to: boxes, europallets, GKPP etc.), delivery, packaging and/or storage costs.
- 8.3. Unless agreed otherwise, payments shall be made in cash, in advance and without discounts. In such cases, the products shall only be collected or delivered if the full sale price (principal and appurtenances) or the advance payments required by Afwerkingshop have been made and received in Afwerkingshop's account.
- 8.4. Full payment of the total outstanding amount shall in any case be made by the due date of the Afwerkingshop invoice. In the absence of payment by that date, interest of 1% per started month shall automatically be due without prior notice until the date of full payment, and the amount due shall also be increased by compensation of 15%, with a minimum amount of EUR 50, plus any legal and bailiff fees.
- 8.5. Failure to pay an invoice by its due date shall entitle Afwerkingshop to immediately demand payment of all the buyer’s outstanding invoices, including those not yet due, in addition to payment of any invoices yet to be drawn up by Afwerkingshop for the products already delivered and/or costs incurred, without prejudice to any previously authorised payment conditions. In case of non-payment of an invoice, Afwerkingshop shall moreover be entitled to suspend or terminate any other existing agreements with the buyer still to be performed.
- 8.6. Invoice payments shall be set off first against interest due, then against compensation due and finally against the principal amount of the oldest outstanding invoices. Afwerkingshop therefore reserves the right to first offset incoming payments with other invoices still outstanding.
9. Right of Withdrawal
- 9.1.1. In accordance with Book VI, Title 3, Chapter 2 of the Economic Law Code, the consumer/buyer has the right to withdraw from the agreement without being obliged to state a reason, within a period of 14 days as of the date of physical taking of delivery of the ordered products by the consumer/buyer (or a third party appointed by the consumer/buyer, other than the carrier) (i.e. the time of delivery), or:
- if the consumer has ordered several products in the same order that are to be delivered separately, the day on which the consumer or a third party appointed by the consumer (not the carrier) takes delivery of the last of the products;
- if the delivery of a product includes several shipments or parts, the day on which the consumer or third party appointed by the consumer (not the carrier) takes physical delivery of the final shipment or final part;
- for agreements regarding the regular delivery of products over a certain period, the day on which the consumer or third party appointed by the consumer (not the carrier) takes physical delivery of the first product.
- 9.1.2. In such a case, the consumer/buyer shall notify Afwerkingshop of his intention to withdraw from the agreement before the expiry of the above-mentioned withdrawal period.
To this end, the consumer/buyer has the following options (in accordance with article 9.2):
- use the withdrawal form template, which is attached as an appendix to these General Terms and Conditions;
- draft another unambiguous statement in which the consumer/buyer states his intention to withdraw from the agreement. In such a case, the consumer/buyer shall furnish all useful information to Afwerkingshop so as to allow them to confirm the identity of the consumer/buyer (including his name, his address, the item number of the ordered products etc.).
- 9.1.3. The consumer/buyer may not exercise this right of withdrawal in the following cases:
- if the products were configured in accordance with the consumer/buyer’s specifications and/or are clearly personalised (read “customised”) products;
- if the products can no longer be sold by Afwerkingshop because they have already been installed/used;
- if the delivery involves sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- if the delivery involves products which, due to their nature, were irrevocably mixed with other products after delivery.
- 9.2.1. If the consumer/buyer wishes to exercise his right of withdrawal, he must confirm this intention in writing within the specified period of 14 days, accompanied by either a completed copy of the withdrawal form template or a similar unambiguous statement (as referred to in article 9.1.2, paragraph 2), to be sent to Afwerkingshop at the address of the registered office, as specified in article 2.1. As the burden of proof of withdrawal is incumbent on the consumer/buyer, Afwerkingshop advises the consumer/buyer to send this communication via registered post.
- 9.2.2. However, before returning the products, Afwerkingshop advises the consumer/buyer to contact the Afwerkingshop customer service helpdesk on (+32 (0)479 79 70 70 or via (firstname.lastname@example.org). This will allow us to check with the consumer/buyer whether the products for return are actually eligible for return based on article 9 of the General Terms and Conditions. Should this not be the case, the consumer/buyer will be able to avoid any unnecessarily incurred expenditure.
- 9.2.3. The consumer/buyer shall bring/send the products in their original condition and original packaging, along with any possible accessories, maps, certificates of compliance and/or instruction booklets to the address of Afwerkingshop’s business unit and in any case no later than 14 days following notification of his intention to withdraw. The invoice (or a copy thereof) must also be attached.
- 9.2.4. The consumer/buyer has two options for return. For large and/or heavy products, the consumer/buyer may arrange an appointment through the Afwerkingshop helpdesk for a collection appointment so that the product can be collected and returned. In such cases, the costs shall always be covered by the consumer/buyer and shall vary depending on the mode of transport used. For other small/light products, an approved parcel service may be employed to make the return at the consumer/buyer’s expense. In all cases, return shipments shall take place at the buyer’s own risk. Afwerkingshop shall not be held liable for any damage to or loss of return items.
- 9.2.5. After their return, all goods shall be inspected by Afwerkingshop and accepted if they meet the above-mentioned withdrawal conditions. The consumer/buyer shall be liable for any depreciation of the products resulting from any handling that exceeds what can be considered necessary in order to establish the nature, characteristics and working order of said products. Any additional costs and/or repair costs shall be charged to the consumer/buyer where necessary.
- 9.3.1. If the return is made correctly, Afwerkingshop shall refund to the consumer/buyer all payments received, including, where appropriate, the initial delivery, packaging and/or storage costs. However, Afwerkingshop shall not reimburse the additional costs if the consumer/buyer expressly chose a delivery method other than the cheapest standard delivery offered by Afwerkingshop.
- 9.3.2. Reimbursement shall be made without any unreasonable delay and in any event within 14 days of the date on which Afwerkingshop was notified of the consumer/buyer’s decision to withdraw from the sales agreement. Afwerkingshop does, however, reserve the right to wait until all products have been returned by the consumer/buyer before proceeding with the reimbursement.
- 9.3.3. Where appropriate, Afwerkingshop may deduct from the amounts owed to the consumer/buyer any amounts owed by the consumer/buyer to Afwerkingshop, especially as regards the costs and compensation referred to in article 9.2.5. Where appropriate, the total sale price may be used as compensation by Afwerkingshop.
- 9.3.4. Unless agreed otherwise, the refund shall made using the same payment method as that initially used by the consumer/buyer and/or the consumer/buyer's bank account through which the order was originally paid. To this end, the consumer/buyer shall provide Afwerkingshop with the correct information as required.
- 10.1. In accordance with Articles 1649bis to 1649octies of the Civil Code, Afwerkingshop is liable to the buyer for any non-conformity existing at the time of delivery of the ordered products and that becomes apparent within a period of two years, to be calculated from the time of delivery. After the warranty as specified in the previous paragraph has expired, the buyer shall also enjoy a legal warranty for hidden defects in the ordered products, as set out in Articles 1641 to 1649 of the Civil Code, if the hidden defect existed at the time of delivery and provided said hidden defect renders the purchased good unsuitable for its intended use.
- 10.2. The buyer shall inspect all deliveries carefully and completely upon receipt (at the time of collection or delivery). Any visible defects must be communicated to Afwerkingshop by registered letter within eight (8) calendar days, otherwise the complaint shall be inadmissible.
- 10.3. Any non-conformity or hidden defect, as referred to in article 10.1 of these General Terms and Conditions, must be reported to Afwerkingshop by registered letter within a period of two months after buyer has discovered, or should normally have discovered, the defect, otherwise the buyer’s claim shall be inadmissible pursuant to Article 1649bis et seq. and/or Article 1641 et seq. of the Civil Code.
- 10.4. Products sold by Afwerkingshop are covered by the conventional warranties issued by the manufacturers of the products. Afwerkingshop itself does not provide any conventional warranty.
- 10.5. Every warranty shall be null and void if the buyer has processed or used the products delivered by Afwerkingshop and the damage caused is attributable to the incorrect installation or use of the products.
- 11.1. Complaints may be sent via email to the Afwerkingshop customer service department (email@example.com) or by post to the address of the registered office, as specified under article 2.1 of these General Terms and Conditions.
- 11.2. All complaints must include the necessary identification details (name and address of buyer, delivered products, date of the order, order or invoice number etc.) and a detailed justification of the specific complaint.
- 11.3. The buyer must be able to prove that he has properly stored (and maintained) the delivered products both before and after discovery of the defect, otherwise the complaint shall be deemed inadmissible. After discovering any defects, the buyer shall no longer use the product and do everything possible to prevent further damage.
- 11.4. Under no circumstances shall complaints be considered well-founded if the buyer has failed to handle the products delivered by Afwerkingshop with due care, as may be expected of a prudent and forward-looking customer.
- 11.5. Complaints and/or comments concerning invoicing must be justified and sent within ten (10) calendar days of receipt of the invoice, to the Afwerkingshop customer service department (firstname.lastname@example.org) either by email or by post to the address of the registered office, as specified in Article 2.1 of these General Terms and Conditions. Except in cases where the date of receipt of the invoice seems clear or cases where the invoice is sent to the buyer via email, the invoice shall be deemed to have been received no later than three days following the invoice date.
- 11.6. Any complaints shall however not suspend the claimability of Afwerkingshop invoices.
- 11.7. Afwerkingshop wishes to inform the buyer that since 15 February 2016, the European Commission has opened a new ODR (Online Dispute Resolution) platform. This platform can be accessed using the following link: https://ec.europa.eu/odr/. The objective of the ODR platform is to settle mutual disputes between consumers and companies quickly and effectively (read: “online”), both at national and European level. This body will act as an arbitrator and attempt to offer a solution. The platform is user-friendly and multilingual.
- 12.1. Afwerkingshop shall under no circumstances be held liable if they are not provided with prior written notice by the buyer to remedy the alleged defect within a reasonable period of time.
- 12.2. Unless expressly agreed otherwise, all obligations of Afwerkingshop shall be obligations of means and not of result. Without prejudice to any legal provisions to the contrary, Afwerkingshop shall only be liable for damage caused by non-compliance with its obligations if and to the extent that such damage is caused by wilful misconduct, gross negligence or fraud on its part. Afwerkingshop shall not be held liable for any other defects.
- 12.3. Afwerkingshop's potential liability (contractual and extra-contractual) shall in all cases - and as appropriate - be limited to the amounts for which it is insured per claim, or in the event that the insurer does not intervene, the invoice amount of the products for which it is held liable.
- 12.4. Afwerkingshop can only be held liable for direct damage.
- 12.5. Furthermore, Afwerkingshop shall in no case be held liable for the following (this list is not exhaustive):
- damage arising from wear and tear or from an application and/or use of the ordered/sold products that is not in accordance with normal use or with the manufacturer’s instructions for use, installation, cleaning or maintenance;
- damage caused by unprofessional assembly of ordered/sold products by the buyer and/or any third party;
- damage caused by a defect in the delivered products, if such damage is due not only to the defect, but also to fault or negligence on the part of the buyer or a person for whom the buyer is liable;
- Immaterial, indirect or consequential damage (for example, damage suffered by or claims by third parties, loss of profit, loss of turnover, loss of income, loss of opportunities/chances or any consequential damage caused by the delivered/sold products);
- damage additionally caused by further use or application by the buyer after discovery of the defect;
- damage caused by force majeure (see Article 13 of these General Terms and Conditions).
- 12.6. If, for the fulfilment of its obligations, Afwerkingshop is dependent on the collaboration, services or deliveries by third parties, it shall not be liable for any damage arising from their fault or negligence.
- 12.7. In addition, Afwerkingshop shall not be held liable for damage caused due to the fault or intervention of the customer or a third party.
- 12.8. Without prejudice to article 12.3, in any event Afwerkingshop may only be bound to do the following (a) either to redeliver the products concerned, (b) or to take back the products concerned and credit the price to be credited to the buyer, or (c) to credit the price to the buyer. In such cases, Afwerkingshop reserves the right to freely make its own choice between the stated options (a), (b) and (c).
13. Force Majeure
- 13.1. A party who invokes force majeure shall notify the other party of the circumstances in writing by registered letter, by standard post and/or by email or any other means of communication, without any unjustified delay, as soon as it becomes aware of the event and its consequences for the fulfilment of its obligations. The parties hereby expressly exclude financial force majeure.
- 13.2. Afwerkingshop cannot be held liable in case of postponement or non-performance of its obligations due to force majeure. For Afwerkingshop, force majeure includes, but is not limited to, the following: acts of war, epidemics/pandemics, government decisions, fire, flooding, weather and climatic conditions, strikes, seizures, staff shortages, organisational circumstances, circumstances in the working relationship with subcontractors, (threats of) acts of terrorism, product shortages, price fluctuations, theft of ordered/sold products or other acts by third parties or events that are not attributable to SFIC and could not reasonably have been foreseen or prevented at the time of entry into force of the agreement, and which render the performance of the agreement temporarily or definitively impossible, or harder or more difficult (financially or otherwise) than was reasonably foreseeable.
- 13.3. In case of force majeure, Afwerkingshop may, at its discretion, choose one the following options, without notice of default or legal intervention being required, and without generating any right of recourse or entitlement to compensation from Afwerkingshop: (i) replacement of the missing products with a functional equivalent; (ii) temporary suspension of the fulfilment of its obligations; (iii) termination of the agreement with the buyer (if the performance of the agreement becomes definitively impossible as a result of the force majeure event or if the changed circumstances disrupt the economic balance between the parties to such an extent that makes it unreasonably difficult for Afwerkingshop to fulfil its obligations); and/or (iv) invite the buyer to renegotiate the agreement between the buyer and Afwerkingshop with a view to concluding a new agreement with similar economic interests and balances.
- 13.4. If the situation of force majeure lasts longer than 3 months, the parties shall be entitled to terminate the agreement.
14. No Waiver of Rights
- 14.1. Any (even repeated) failure by Afwerkingshop to enforce any of its rights under the provisions of its General Terms and Conditions shall not constitute a waiver of those rights.
15. Intellectual Property Rights
- 15.1. All intellectual and/or industrial property rights in all products, reports, quotations, brochures, photos, logos, texts, names, communication and other documents developed, provided (whether or not on the website), depicted and/or sold by Afwerkingshop shall, where appropriate, remain the property of Afwerkingshop or its suppliers/subcontractors. They shall not be copied, published or disclosed to third parties by the buyer without prior written consent of Afwerkingshop.
- 15.2. The buyer undertakes to uphold all intellectual and/or industrial property rights held by Afwerkingshop and its suppliers or subcontractors.
16. Data Protection
- 16.1. The buyer authorises Afwerkingshop to store the personal data provided by the buyer in an automated data file. The data will be used to optimise Afwerkingshop’s service provision, maintain contracts, organise the agreed services and carry out information or promotional campaigns in connection with services and/or products provided by Afwerkingshop.
- 16.2. The buyer may request to view/update/rectify its personal data at any time. If the buyer does not wish to receive any commercial information from Afwerkingshop, he must notify Afwerkingshop of this fact.
- 16.3. Within the context of personal data protection, Afwerkingshop shall do its very best to apply the appropriate technical and organisational measures required for the protection of any personal data it may process.
- 16.5. By placing and/or paying for an order, the buyer acknowledges that he has read and accepted this privacy statement.
- 17.1. The titles of the clauses in these General Conditions are only included to make it easier to refer to them and do not form part of the agreement with Afwerkingshop as regards their interpretation and reading.
- 17.2. Where any clause of these general conditions can be interpreted in different ways and certain interpretations result in the invalidity or unenforceability of the clause in question, it is clear that a legally valid interpretation shall be given to the clause in question.
- 18.1. Any partial or total invalidity, inapplicability or unenforceability of one or more clauses of these General Conditions shall under no circumstances affect the validity or application of the agreement with Afwerkingshop or any of the other clauses of these General Conditions.
- 18.2. In such cases, the buyer and Afwerkingshop shall replace the invalid, inapplicable or unenforceable clause in whole or in part with a valid clause that has the same economic effects and matches the initial purpose of the clause as closely as possible.
19. Applicable law and competent courts
- 19.1. The contractual relationship between the buyer and Afwerkingshop is governed by Belgian law.
- 19.2. Any disputes concerning the interpretation, implementation or termination of the agreements between the buyer and Afwerkingshop may be brought before the following parties, at the free choice of the plaintiff: (i) the judge of the district of the defendant(s) or (ii) the judge of the district in which the obligations forming the subject of the dispute or arising from one of them will be, are or should be fulfilled.
20. Exceptions and alternative provisions in case of B2B sale20.1. If the buyer is not a consumer in the meaning of article 3.1 of these general conditions, the provisions of these general conditions shall also apply in full, except for the following deviations/additional provisions in the articles: 4.5, 7.1, 7.3, 7.7, 10.1, 10.2, 10.3, 11.7 19.1 and 19.2. In that case:
- The prices stated in the quotation are subject to increase if the manufacturer, importer or supplier increases the recommended catalogue price or if Afwerkingshop is required to do so for a justifiable reason, including (but not limited to) extreme price fluctuations or product shortage on the market (article 4.5);
- The specified delivery date or period is only indicative and is provided on a non-binding basis by Afwerkingshop (article 7.1). Failure to meet any specified delivery period or date shall not entitle the buyer to dissolve the agreement (article 7.3). Afwerkingshop shall make every effort to deliver the ordered products as quickly as possible. If the ordered products are no longer in stock and delivery is therefore likely to be delayed or even becomes impossible, Afwerkingshop shall notify the buyer, whereupon the buyer may cancel the order free of charge and Afwerkingshop shall reimburse any sums already paid by the buyer;
- the following sentence is added to article 7.7:
“If the buyer wants the delivery of the ordered products to take place using a method other than Afwerkingshop’s delivery options and transport methods and Afwerkingshop approves such a request, the shipping costs and all associated costs shall be borne by the buyer. The risk will also be transferred as soon as the carrier selected by the buyer has taken delivery of the ordered products.”
- The buyer shall not have any right of withdrawal, as specified in article 9;
- Articles 10.1, 10.2 and 10.3 are replaced with the following clause:
The buyer shall benefit from the legal warranty for hidden defects as specified in articles 1641 to 1649 of the Civil Code if the hidden defect existed at the time of delivery and provided the hidden defect renders the product unfit for its intended purpose. Each hidden defect must be reported to Afwerkingshop by registered letter within a period of two months from the time at which the buyer discovered, or should normally have discovered, the defect. Visible defects must always be reported to Afwerkingshop by registered letter within 3 working days of delivery.”
- Article 11.7 is removed;
- Article 19.1 is replaced by the following clause:
“The contractual relationship between the buyer and Afwerkingshop is governed by Belgian law, to the express exclusion of the Vienna Sales Convention of 11 April 1980.”
- Exclusive competence (article 19.2) shall fall to the courts of the legal district of the registered office of Jans Building Distribution (see art. 2.1).