English
Français
Dutch
Terms and Conditions
Enterprise data
Aquabelgium Bv
Rue Leon Debelle 4 ,
7170 Bois d’Haine (RPR Mons)
info@aquabelgium.be
Tel:064/34.24.38
Btw : BE 0841.511.820
Article 1: General provisions
The e-commerce website of Aquabelgium, a Bv with registered office at Rue Leon Debelle 4, 7170 Bois d'Haine, VAT BE 0841.511.820, RPR Mons, offers its customers the opportunity to purchase products from its online store.
These General Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the AquaBelgium online store, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by AquaBelgium.
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other duties or taxes required to be paid by the Customer. If the price cannot be calculated in advance, we will display the message , on Request.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price statement applies exclusively to the items as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer do not bind AquaBelgium bv. Aquabelgium is only obliged to make an obligation of means with regard to the accuracy and completeness of the information provided. Aquabelgium is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is valid while supplies last and can be adjusted or withdrawn at any time by Aquabelgium. Aquabelgium cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Article 4: Online purchases
Aquabelgium is entitled to refuse an order due to a serious shortcoming by the Customer concerning orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Items ordered via this online store are delivered in the countries that SendCloud offers.
SendCloud is the smart shipping solution for eCommerce companies. With SendCloud we can easily process and send shipments with various carriers such as DHL, DPD, UPS and more. We can easily import your orders, print shipping labels with one click and send you personalized Track and Trace emails. In addition, you as a customer can also easily create returns via SendCloud's returns portal.
Unless otherwise agreed or expressly stated otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.
Any visible damage and/or qualitative shortcoming of an item or other shortcoming during delivery must be reported by the Customer to Aquabelgium without delay.
The risk of loss or damage passes to the Customer once he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk is already transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Aquabelgium.
Article 6: Retention of title
The delivered items remain the exclusive property of Aquabelgium until full payment has been made by the Customer.
If necessary, the Customer undertakes to inform third parties of Aquabelgium's retention of title, for example to anyone who would seize items that have not yet been fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from Aquabelgium in their capacity as consumers.
If the right of withdrawal applies:
The Customer has the right to withdraw from the agreement within 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day of purchase.
To exercise the right of withdrawal, the Customer must inform Aquabelgium of his decision to withdraw from the agreement through an unambiguous statement (e.g. in writing by post, fax or e-mail). The Customer can use the attached model withdrawal form for this, but is not obliged to do so.
"The Customer can send the model withdrawal form or another formulated statement via our website aquabelgium.be . If the Customer makes use of this option, we will immediately inform the Customer on a durable data carrier (e.g. by e-mail) confirmation of receipt of his revocation".
To comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Aquabelgium without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Aquabelgium Bv. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The Customer cannot exercise the right of withdrawal for:
• service agreements after the full performance of the service
• the delivery or provision of goods or services, the price of which is subject to fluctuations in the financial market over which Aquabelgium has no influence and which may occur within the withdrawal period;
• the delivery of goods manufactured according to the Customer's specifications, or that are clearly intended for a specific person;
• the delivery of goods that spoil quickly or have a limited shelf life;
• the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
• the delivery of goods that are irrevocably mixed with other products after delivery;
• the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the company has no influence;
• agreements where the Customer has specifically requested Aquabelgium to visit him to carry out urgent repairs or maintenance;
• the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;
• the supply of newspapers, periodicals or magazines, with the exception of agreements for a subscription to such publications;
• agreements concluded during a public auction;
• the provision of accommodation other than for residential purposes, freight transport, car rental services, catering and leisure services, if the agreements provide for a specific date or period of performance;
• the supply of digital content that is not supplied on a tangible medium, if the performance has begun with the express prior consent of the Customer and provided that the Customer has acknowledged that he thereby loses his right of withdrawal (e.g. downloading music, software);
• the agreements for betting and lottery services.
Article 8: Warranty
Under the Act of 21 September 2004 on the protection of consumers in the sale of consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Aquabelgium customer service and return the item to Aquabelgium at his expense.
If a defect is discovered, the Customer must inform Aquabelgium as soon as possible. In any case, any defect must be reported by the Customer within 9 days of its discovery. Afterward, any right to repair or replacement expires.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the user instructions or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after 6 months following the date of purchase and, if applicable, delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer Service
Aquabelgium customer service can be reached on telephone number +32(0)64/34.24.38, by e-mail at info@aquabelgium.be or by post at the following address Rue Leon Debelle 4,7170 Bois d'Haine. Any complaints can be addressed here.
Article 10: Sanctions for non-payment
Without prejudice to the exercise of other rights available to Aquabelgium, in the event of non-payment or late payment, the Customer is legally liable to pay interest of 10% per year on the unpaid amount from the date of the breach of contract and without notice. In addition, the Customer is legally liable and without notice to pay a lump sum compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.Without prejudice to the foregoing, Aquabelgium reserves the right to take back items that have not been (fully) paid for.
Article 11: Privacy
The controller, Aquabelgium, respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data you provide will only be used for the following purposes: processing the order, sending newsletters, etc.
You have a legal right to inspect and possibly correct your data. Provided proof of identity (copy of identity card), you can obtain written notification of your data free of charge via a written, dated, and signed request to Aquabelgium. If necessary, you can also request that the data that is incorrect, incomplete or not pertinent be corrected.
We treat your data as confidential information and will not pass it on, rent, or sell it to third parties.
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so Aquabelgium has no access to your password.
Aquabelgium keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, you can contact us at info@aquabelgium.be
Article 12: Use of cookies
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Affect of validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Aquabelgium to enforce any of the rights listed in these Terms and Conditions, or to exercise any right thereof, will never be seen as a waiver of such provision and will never affect the validity of these rights.
Article 14: Changes to conditions
These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to and the general terms and conditions of sale of Aquabelgium. In the event of any contradiction, these Terms and Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law – Disputes
Belgian law applies, except the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/
Appendix 1: Model withdrawal form
[this must be communicated if the right of withdrawal applies]
Dear Customer, you only need to complete and return this form if you wish to withdraw from the agreement.
To [here the company must fill in its name, address and, if applicable, its fax and e-mail address]:
I/We (*) hereby inform you that I/we (*) revoke (*) our agreement regarding the sale of the following goods/supply of the following service (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s):
Address consumer(s):
Signature of consumer(s) [only when this form is submitted on paper]:
Date :
(*) Delete what is not applicable, in appendix 1