General Terms and Conditions of Sale
Webshop for private individuals and businesses (excl. plumbing installers/maintenance)
E. De Coussemakerstraat 35
Tel . : +32 (0)3 237.36.05
e-mail : firstname.lastname@example.org
GWP NV (hereinafter "GWP") wishes to offer products and parts to natural persons (B2C) and legal entities (B2B) (hereinafter "Customer") via the webshop. These General Terms and Conditions (hereinafter "Conditions") shall apply to any order placed by a Customer through GWP's webshop. When placing an order, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the application of these Terms and Conditions to the exclusion of all other terms and conditions. Additional conditions of the Customer are excluded, unless they have been previously, in writing and expressly accepted by GWP. Situations not covered by these Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
All prices stated are expressed in EURO (and, if applicable, in other international currencies such as GBP and USD), and always include VAT and all other taxes or duties that the Customer is required to pay. If delivery, reservation or administrative fees are charged, this will be indicated separately. The price stated refers exclusively to the items exactly as they are described. The accompanying photos are for illustrative purposes only and may include elements not included in the price.
3. Product range
Despite the fact that the greatest possible care is taken to compile the online catalogue and the webshop, it is still possible that the information provided may contain inaccuracies or material errors or may be out of date. Any obvious mistakes or errors in the offer shall not be binding upon GWP. GWP is only bound by an obligation of means with regard to the accuracy and completeness of the information provided. GWP accepts no liability whatsoever for manifest material errors, or typesetting or printing errors. If the Customer has specific questions about e.g. our products, availability, delivery time or delivery method, we request that the Customer contacts our customer service department in advance by sending an email email@example.com The product range shall always be subject to availability and may be amended or withdrawn by GWP at any time. GWP cannot accept any liability for the non-availability of an item. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
4. The contract and method of payment
An agreement is concluded as soon as the Customer receives an order confirmation from GWP at an email address provided by the Customer. GWP and the Customer expressly agree that these electronic communications are equivalent to a binding and valid contract. In particular, the absence of an ordinary or electronic signature shall not affect the validity and acceptance thereof. The electronic files in question are presumed to serve as proof to the extent permitted by the law. Payment shall always be made via the online payment platform of the webshop. The Customer has the choice of paying by credit card or by bank card. GWP shall provides a secure online payment environment through an internationally recognised provider of online payment software and security systems that encrypt the Customer's payment data. GWP believes in good faith that it has taken all possible measures to guarantee secure payment. Therefore, no claim may be made against GWP for any identity theft or financial theft. GWP is entitled to refuse an order on the grounds of a serious shortcoming on the part of the Customer with respect to orders involving the Customer.
5. Delivery and performance of the contract
As soon as a contract is established, GWP shall perform orders promptly but within 30 days at the most, unless otherwise agreed or expressly stipulated. Items ordered from the webshop shall be delivered to the address provided by the Customer. Items shall be delivered by Bpost, DPD or DHL as per their delivery methods. If delivery is delayed, or if the order cannot be performed or can only be performed in part, the Customer shall receive notification of this within 30 days of placing the order. In this case, the Customer shall have the right to terminate the contract without incurring costs. In the event of dissolution, GWP shall refund the Customer the amount paid by the Customer within 14 days after dissolution. The Customer shall have no entitlement to any compensation, however. All delivery times are an indication only. The Customer cannot derive any rights from any time periods stated. The Customer shall not have any entitlement to compensation in the event that a delivery time is exceeded. Any visible damage and/or qualitative shortcoming of an item at the time of delivery must be reported immediately by the Customer to GWP by sending an email to firstname.lastname@example.orgGWP will do everything in its power to rectify the issue. The costs of any return shipping in that case shall be borne by GWP. The risk of loss or damage shall pass to the Customer as soon as he/she (or a third party other than the carrier and designated by him/her) takes physical possession of the goods. However, the risk shall already pass to the Customer upon delivery to the carrier if the carrier has been instructed by the Customer to transport the items.
6. Right of cancellation
The provisions of this clause shall only apply to Customers who purchase products online from GWP in their capacity as natural persons (B2C). If the right of cancellation applies, the Customer has the right to cancel the contract within a period of 14 calendar days without stating any reason. The cancellation period shall commence on the day following receipt. To exercise the right of cancellation, the Customer must inform GWP of its decision to cancel the contract by means of an unequivocal statement (e.g. in writing by post or by sending an email to email@example.comThe Customer may use the template cancellation form (see below) for this purpose, but is not obliged to do so. In order to fulfil the requirements of the cancellation period, the Customer must send his/her communication concerning the exercise of the right of cancellation before the cancellation period has elapsed. The Customer must return the items without delay, but in any event no later than 3 calendar days after the day on which he/she communicated his/her decision to cancel the contract to GWP. The Customer must prove that the delivered items were returned on time, for example by means of proof of posting. Only items that do not show any damage or signs of excessive use and that are in their original packaging, together with all accessories, instructions for use, and the invoice or proof of purchase may be returned.
7. Costs and refund in the event of cancellation
The direct costs of returning the items shall be borne by the Customer. The Customer shall ensure that the items are adequately protected during return shipping. In the event of any damage, GWP reserves the right to hold the Customer liable and to claim compensation. If the Customer cancels the contract, GWP shall refund to the Customer all payments received from the Customer up to that time, including the standard delivery charges, if any, within no more than 14 calendar days after GWP has received all items back or once the Customer has proven that he/she has returned the items, whichever comes first. GWP shall refund the Customer using the same method of payment with which Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, Customer will not be charged for such a refund.
8. Statutory Guarantee for an online purchases
In accordance with the statutory provisions, the items delivered by GWP shall be covered by a statutory guarantee of 2 years. This statutory guarantee is valid from the date of delivery to the first owner. Any commercial guarantee shall not affect these rights. For purchases made through an intermediary, the Customer will need to contact this party. Furthermore, GWP shall never be bound by additional guarantees that may be offered by an intermediary. In order to make a claim under the guarantee, the Customer must be able to present proof of purchase or an invoice, otherwise the statutory guarantee does not apply. Customers are advised to retain the original packaging of the goods. Upon discovery of a defect, the Customer must notify GWP as soon as possible. In any event, any defect must be reported by the Customer within 2 months of its discovery, after which time any right to repair or replacement shall lapse. If it is proven that the statutory guarantee applies, GWP shall, at its discretion, replace or repair the delivered goods free of charge. The statutory guarantee shall never apply to defects caused by normal or ordinary wear and tear, accidents, negligence, falls, use of the item contrary to the purpose for which it was designed, failure to follow the instructions for use or manual, alterations or modifications to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
9. Commercial guarantee: guarantee extension
Without prejudice to the statutory guarantees, the Customer may make use of an extension of the guarantee at any time on condition that he/she registers for this with GWP and replaces the dosing cartridges as soon as the built-in audible warning is activated. The guarantee extension shall commence on the day after the statutory guarantee period of 2 years ends and shall last for 8 years. All obligations and rights under the statutory guarantee as described in Article 8 shall be carried over during this period. GWP offers this guarantee extension both on items purchased directly from the webshop and on items purchased through an intermediary. The guarantee extension shall only apply to the dosing device and not to the dosing cartridges. In order to benefit from this extension of the guarantee, the Customer must register on the guarantee portal of www.goodwaterproducts.com within 6 months of the date of starting to use the products. After registration, the Customer will receive his/her guarantee certificate by email. The Customer must always present this certificate if he/she wishes to claim under the guarantee extension. GWP shall cover the shipping costs for the replacement parts during the guarantee extension period GWP reserves the right, however, to return the defective parts if it deems it necessary.
10. Liability in relation to installation
As a manufacturer and supplier of goods, GWP is bound by the statutory guarantee provisions in relation to these Articles (see Article 8). These do not cover installation. The Customer must always arrange the installation at his/her own expense and risk. The installation manual and video provided by GWP serves only as an advisory tool, without binding GWP in any way. The Customer shall remain fully responsible at all times for his/her own installation of our goods. Any direct or indirect losses of whatever nature, as well as any third-party losses and any consequential loss, resulting from inadequate installation, shall be borne entirely by the Customer. GWP cannot accept any liability for this whatsoever. GWP recommends that Customers always use professional and licensed plumbing contractors in order to rely on their professional liability.
11. Complaints handling
Should a Customer have any cause for complaint, he/she is able to contact us at anytime by sending an email to firstname.lastname@example.orgGWP shall always endeavour to answer such complaints within a period of 14 days counted from the date of receiving the complaint. In the event of a complaint, the Customer must first of all contact GWP. It is also possible to report complaints via the European ODR platform .
All information relating to Privacy has been collated under the Privacy norice on the GWP website.
14. Impairment of validity – non-waiver
In the event that any provision of these Terms and Conditions is found to be invalid, unlawful or void, this shall not in any way affect the validity, legality and application of the remaining provisions. Should GWP neglect at any time to enforce any of the rights set out in these Terms and Conditions, or to exercise any one of them, this shall never be regarded as constituting a waiver of such a provision and shall not affect the validity of such rights.
15. Amendment of terms and conditions
These Terms and Conditions are supplemented by other conditions where expressly referred to and the General Terms and Conditions of Sale of GWP. In the event of a contradiction, these Terms and Conditions shall take precedence.
The Customer accepts that electronic communications and backups may serve as proof.
17. Applicable law - Competent court
Belgian law shall apply, even if the Customer resides in another country. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Only the courts of the judicial district of Antwerp are competent, unless a mandatory statutory provision expressly designates another court as competent.
Annex 1: Template cancellation form