General Terms and Conditions
GENERAL TERMS AND CONDITIONS
www.aquascaper.be
[email protected]
+32 (0) 468 089 207
General terms and conditions of Aquascaper BV, located at 3012 Wilsele-België, Aarschotsesteenweg 662 - 3012 Wilsele
1. General
1.2 These general terms and conditions apply to all offers from Aquascaper.be. The terms and conditions are open access for everyone and are included on the website of Aquascaper.be. We will send you a hard copy on request.
1.2 By placing an order you acknowledge that you agree with the delivery and payment conditions. Aquascaper.be reserves the right to change its delivery and payment conditions after the expiry of the agreement period.
1.3 Unless otherwise agreed in writing, general or particular conditions or clauses of third parties are not recognised by Aquascaper.be.
1.4 Aquascaper.be guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Supply shall only occur for as long as stocks last.
Under the rules of distance selling, Aquascaper.be shall fulfil orders within no more than 30 days. Should this not be possible (because the product ordered is not in stock or no longer available), or if there is a delay for another reason, or an order cannot or only partially be fulfilled, then the consumer shall receive a message within 1 month of placing the order and in such a case he will have the right to cancel the order without costs or notice of default.
2.3 The delivery obligation of Aquascaper.be shall be deemed to have been met, subject to proof to the contrary, once the goods delivered by
Aquascaper.be have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of offer of delivery.
2.4 All the periods listed on the internet site are indicative. Therefore no rights can be derived from the aforementioned periods.
3. Prices
3.1 Prices shall not be raised during the duration of the offer, unless legal measures make this
necessary or if the manufacturer applies price increases in the meantime.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and
typesetting errors.
3.3 All the prices on the site are in EUROS and inclusive of 21% VAT.
4. Trial period / right of withdrawal
4.1 in the event of a consumer purchase, in accordance with the Distance Selling Act, the
customer has the right to return (part of) the delivered goods within a period of 14 days without providing a reason. This does not apply to living things such as animals and plants. This period begins from the moment that the goods ordered are delivered. If, after the end of this period, the consumer has not returned the goods delivered to Aquascaper.be, the purchase will be an accomplished fact. The customer is obliged, before proceeding to make the return, to notify Aquascaper.be in writing within a period of 14 days following delivery. The consumer must prove that the goods delivered have been returned in time, for example by means of proof of postage.
The goods must be returned in their original packaging (including accessories and
accompanying documentation) and in unused condition. If the goods have been used,
broken or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. Subject to the provisions of the previous sentence, Aquascaper.be shall ensure that within 30 days of reception of the returned goods, their full purchase price, inclusive of the calculated shipping costs, will be refunded to the customer. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolution, as laid out in the previous paragraph, only relates to the goods delivered and shall in no event relate to services, such as telephone subscriptions of the (mobile) services offered by Aquascaper.be (mobile) network operators. The general terms and conditions of said network operators shall apply to the above-mentioned services, where Aquascaper.be only acts as an intermediary or agent.
4.3 The right of withdrawal does not apply to:
services the performance of which, with the consent of the consumer, began prior to a period of seven days, goods or services the price of which is subject to fluctuations in the financial market, upon which the supplier has no influence, goods manufactured to consumer specifications, for example made-to-measure, or that have a clearly personal character, for goods or services that cannot be returned due to their nature, for example for hygiene reasons or
that can spoil or age quickly, audio and video recordings and computer software the seal of which has been broken by the consumer, the delivery of newspapers and magazines; for betting services and lotteries.
5. Data management
5.1 If you place an order from Aquascaper.be, your data will be recorded in
the customer database of Aquascaper.be. Aquascaper.be adheres to the Personal Data Protections Act and will not share your
data with third parties. See our Privacy Policy.
5.2 Aquascaper.be respects the privacy of the users of its internet site and ensures the
confidential protection of your personal data.
5.3 Aquascaper.be makes use of a mailing list in some instances. Each mailing includes instructions on how to unsubscribe from this list.
6. Warranty
6.1 Aquascaper.be warranties that the products it delivers meet the requirements of usability, reliability and longevity as reasonably intended by the parties to the purchase agreement, and thereby warranties the manufacturer's warranty of the product delivered to you.
6.2 Aquascaper.be's warranty period corresponds with the manufacturer's warranty period. However, Aquascaper.be
is never responsible for the ultimate suitability of the goods for each individual application by the consumer, nor for any potential recommendations regarding the use or application of the goods.
6.3 The customer is obliged to check the goods delivered immediately upon receipt. If it appears that the goods delivered are wrong, faulty or incomplete, then the customer must immediately report these defects to Aquascaper.be in writing (before proceeding to return the goods to Aquascaper.be).
Any defects or incorrectly delivered goods must and can be reported in writing to Aquascaper.be no later than 2 months after delivery. The goods must be returned in their original packaging (including accessories and associated documentation) and in unused condition. Making use of the goods after discovery of a defect, damage caused after discovery of a defect, change of opinion and/or resale after the discovery of a defect, renders this right to complain and return goods completely null and void.
If complaints by a customer are discovered to be well-founded by Aquascaper.be, Aquascaper.be shall, at its discretion, either replace the goods delivered free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of Aquascaper.be and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the discretion of Aquascaper.be) up to the maximum amount covered in the relevant case by the liability insurance of Aquascaper.be. Any liability of Aquascaper.be for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Aquascaper.be is not liable for damage caused by intent or equivalent
conscious recklessness by non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Aquascaper.be; B) the customer has repaired and/or processed the goods delivered himself or has had them repaired and/or processed by third parties. C) the goods delivered have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Aquascaper.be and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or intends to make regarding the nature or quality of the materials used.
7. Promotional deals
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Aquascaper.be reserves the right to revoke or deviate from the offer within a period of 3 working days following the receipt of that acceptance.
7.3 Oral commitments are only binding on Aquascaper.be after they have been expressly
confirmed in writing.
7.4 Offers by Aquascaper.be do not apply automatically to repeat orders.
7.5 Aquascaper.be cannot be held to its offer if the customer could be expected to have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only effective if agreed
in writing.
8. Agreement
8.1 An agreement between Aquascaper.be and a client shall be deemed established after an order or assignment has been assessed for feasibility by Aquascaper.be.
8.2 Aquascaper.be reserves the right not to accept orders or assignments without providing reasons or to accept them only upon the condition that the shipment is paid cash on delivery or after payment in advance.
9. Images and Specifications
9.1 All images; photos, drawings, etc. including details concerning weight, dimensions, colours,
images of labels, etc. on the internet site of Aquascaper.be should only be considered approximations, are
indicative and cannot give rise to compensation or dissolution of the agreement. The descriptions are indicative.
10. Force majeure
10.1 Aquascaper.be shall not be liable if and insofar as its obligations cannot be
fulfilled as a consequence of force majeure.
10.2 Force majeure is understood to mean any unusual cause, as well as any circumstance, which does not reasonably belong within its own responsibility. Delay or non-performance by our suppliers, internet breakdowns, electricity outages, failures in email traffic and failures or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Aquascaper.be as well as of auxiliary persons, staff sickness, defects in appliances or transport are expressly applied as force majeure.
10.3 In the event of force majeure, Aquascaper.be reserves the right to suspend its obligations and shall also be entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement be amended in such a way that implementation remains possible. Under no circumstances shall Aquascaper.be obliged to pay any fine or compensation.
10.4 If Aquascaper.be has already partially
fulfilled its obligations at the start of the force majeure, or can only partially fulfill its obligations, it shall be entitled to invoice the already delivered or the deliverable part separately and the customer shall be obliged to pay this invoice as if it were a separate contract. However, this shall not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Aquascaper.be is not liable for damage caused to vehicles or other objects caused by incorrect use of the products. Prior to use, read the directions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Aquascaper.be to the customer remains with
Aquascaper.be as long as the customer has not fulfilled the demands of Aquascaper.be under the agreement or
earlier or later similar agreements, as long as the customer has not yet fulfilled the work performed or yet to be performed under this or similar agreements and as long as the customer has not yet fulfilled the demands of Aquascaper.be due to failure to fulfil such
obligations, including demands of fines, interest and costs, and all this as referred to in Section 3:92 of the Belgian Civil Code.
12.2 The goods delivered by Aquascaper.be which fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorised to pledge nor to burden the goods in any other way subject to retention of title.
12.4 The customer hereby grants unconditional and irrevocable permission to Aquascaper.be, or third parties appointed by Aquascaper.be, in all cases in which Aquascaper.be wishes to exercise its property rights, to access all locations where its property is located and to recover those goods.
12.5 If third parties seize goods that have been delivered and are subject to retention of title, or wish to exercise or claim rights over these goods, the customer is under the obligation to inform Aquascaper.be as soon as can reasonably be expected.
12.6 The customer is obliged to insure and to keep insured items delivered under retention of title against fire, explosion and water damage as well as against theft, and to provide this insurance policy for inspection upon first request to Aquascaper.be.
13. Applicable law/competent court
13.1 All agreements are governed by Belgian law.
13.2 Disputes arising from an agreement between Aquascaper.be and the buyer, which cannot be
resolved by mutual agreement, are subject to the competent court within the district of Leuven, unless Aquascaper.be prefers to submit the dispute to the competent court of the buyer's place of residence and with the exception of those disputes that fall within the competence of the cantonal court.