GENERAL TERMS AND CONDITIONS OF SALE
Webshop voor particulieren en bedrijven (excl. sanitaire installateurs/onderhoud)
E. De Coussemakerstraat 35
Tel . : +32 (0)3 237.36.05
e-mail : email@example.com
Through its webshop, GWP NV (hereinafter "GWP") offers products and components to natural persons (B2C) and legal persons (B2B) (hereinafter "Customer").
These General Terms and Conditions (hereinafter "Conditions") apply to any order placed by a Customer through the GWP webshop. When placing an order, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions to the exclusion of any other conditions. Additional conditions of the Customer are excluded unless they have first been expressly accepted in writing by GWP.
Any situations not provided for in these Conditions shall be assessed in the spirit of these General Terms and Conditions.
All quoted prices are in EURO (or in any other international currency that may apply, such as GBP or USD), include VAT and all other taxes or charges payable by the Customer.
If delivery, booking or administrative expenses are billed, these will be indicated separately. The quotation relates only to the items as described verbatim. The corresponding pictures are intended for decorative purposes and may contain elements that are not included in the price.
While the greatest care has been exercised in the preparation of the online catalogue and the webshop, it is possible that the information provided therein is incomplete, contains material errors, or is not up-to-date. GWP shall not be liable for any manifest mistakes or errors in the offer. GWP is only bound by an obligation of means as far as the accuracy and completeness of the information provided is concerned. GWP shall in no case be liable for manifest material errors, typesetting or printing errors.
If the Customer has any specific questions regarding e.g. our products, availability, delivery time or delivery method, we request the Customer to first contact our customer service at
firstname.lastname@example.org The offer is valid for as long as stocks last and may be modified or revoked at any time by GWP. GWP cannot be held liable for the unavailability of an item. If an offer has a limited period of validity or is subject to conditions, this will be expressly indicated in the offer.
4. Agreement & Method of Payment
An agreement is concluded as soon as the Customer has received an order confirmation from GWP at the email address specified by the Customer. GWP and the Customer expressly agree that these electronic communications shall be equivalent to a binding and valid agreement. In particular, the absence of a regular or digital signature shall not impair the validity and the acceptance thereof. To the extent permitted by law, the electronic files involved shall serve as presumption of evidence.
Payment shall always be made through the online payment platform of the webshop. The Customer may choose to pay by credit card or by debit card.
GWP provides a secure online payment environment via an internationally recognised provider of online payment software and security systems, for encryption of your payment details. GWP considers to have taken all possible measures in good faith to ensure secure payment transactions. As a result, GWP cannot be held liable for any identity theft or financial theft.
GWP is entitled to refuse an order pursuant to a serious failure of the Customer with regard to orders in which the Customer is involved.
5. Delivery and execution of the agreement
Upon conclusion of an agreement, GWP will execute the order with diligent speed and any in case within 30 days unless otherwise agreed or expressly specified.
Items ordered through the webshop will be delivered at the address specified by the Customer. Delivery will be made by Bpost, DPD, or DHL in accordance with their respective delivery methods.
If delivery is delayed, or if the order cannot be executed or can be executed only partially, the Customer will be notified thereof within 30 days after placing the order. The Customer will then be entitled to dissolve the agreement free of charge. In the event of dissolution, GWP will refund the amount paid by the Customer within 14 days of the dissolution. The Customer will not be entitled to any compensation.
All delivery times are given for information purposes. The Customer cannot derive any rights from any deadlines specified. If a deadline is exceeded, the Customer will not be entitled to any compensation.
Any apparent damage and/or quality defect in an item at the time of delivery, must be reported forthwith by the Client to GWP via
email@example.com . GWP will make every reasonable effort to remedy the situation. The costs of a possible return shipment shall then be borne by GWP.
The risk of loss or damage transfers to the Client upon physical receipt of the goods by the Customer (or third party designated by the Customer, other than the carrier). However, the risk transfers to the Customer already upon delivery to the carrier, if the carrier of the Client has been ordered to transport the items.
6. Right of Withdrawal
The provisions of this article apply only to Customers who purchase products online from GWP in their capacity as a natural person.
If the right of withdrawal applies, the Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating any reasons. The withdrawal period commences on the day after the product was received.
To exercise the right of withdrawal, the Customer must notify GWP via an unequivocal statement (e.g. in writing by post or via
firstname.lastname@example.org ) GWP of his decision to withdraw from the agreement. To this end, the Customer may, but is not required to, use the attached template form for withdrawal.
For compliance with the withdrawal period, the Customer must send the notice of exercise of the right of withdrawal prior to expiry of the withdrawal period.
The Customer must return the items forthwith, and in any case not later than 3 calendar days after the day on which the Customer notified GWP of his decision to withdraw from the agreement. The Customer must prove that the delivered items were returned in due time, for example by presenting the proof of dispatch.
Only items that are free of damage or traces of excessive use and that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase, can be taken back by GWP.
7. Costs and reimbursement in case of withdrawal
The direct costs for returning the items shall be borne by the Customer. The Customer shall ensure that the items are adequately protected during the return shipment. In case of damage, GWP reserves the right to hold the Customer liable and demand compensation.
If the Customer withdraws from the agreement, GWP will refund to the Customer all the payments it has thus far received from the Customer, including the standard delivery costs, if applicable, within maximum 14 calendar days after GWP has received back all of the items, or until the Customer has furnished proof that he has returned the items, whichever comes first.
GWP will refund the Customer in the same currency as used by the Customer for the original transaction, unless expressly otherwise agreed by the Customer; in any case, the Customer will not be charged any costs in connection with such refund.
8. Statutory Warranty in case of online purchase
All items delivered by GWP are covered by a 2-year statutory warranty in accordance with the legal provisions. This statutory warranty is valid from the date of delivery to the first owner. These rights are not affected by any commercial warranty.
For purchases through an intermediary, the Customer must contact the party concerned. Furthermore, GWP shall never be bound by any additional warranties that may be provided by an intermediary.
To invoke the warranty, the Customer must be able to present a proof of purchase or invoice, otherwise the statutory warranty will not apply. Customers are advised to keep the original packaging of the goods.
The Customer must notify GWP as soon as possible of any defect found. In any case, any defect must be notified in writing within two months after its discovery by the Customer. Afterwards no right to repair or replace the goods may be claimed.
If the statutory warranty is found to be applicable, GWP will, at its discretion, replace or repair the delivered items free of charge.
The statutory warranty shall never apply to defects due to usual or normal wear and tear, accidents, negligence, falls, use of the item for purposes other than its intended use, non-compliance with the instructions for use or manual, modifications or alterations to the item, harsh handling, poor maintenance, or any other abnormal or improper use.
9. Commercial Warranty: warranty extension
Without prejudice to the statutory warranties, the Customer may at any time invoke coverage under a warranty extension provided he registers for it with GWP and replaces the dosing cartridges as soon as the annunciator system becomes operational.
The warranty extension commences on the day following the expiry of the statutory 2-year warranty period and is valid for a period of 8 years. All obligations and rights under the statutory warranty as set out in article 8 shall be transferred during this period.
GWP offers this warranty period both for items purchased directly via the webshop and for items purchased from an intermediary. The warranty extension applies only to the dosing device, not to the dosing cartridges.
To benefit from this warranty extension, the Customer must register on the warranty portal of
garantieportaal within a period of 6 months from the day of putting into operation. After registration, a warranty certificate will be sent by email to the Customer. The Customer must present this certificate if he wishes to invoke the warranty extension.
GWP will bear the shipping costs for replacement parts during the warranty extension. GWP will, however, reserve the right to demand that the faulty components be returned, if such is deemed necessary.
10. Liability for installation
As a producer and supplier of goods, GWP is bound by legal warranty provisions relating to these items (cf. Article 8). This does not include installations. The Customer must always arrange for the installation at his expense and risk. The installation manual and video provided by GWP is only a non-binding and advisory aid. The Customer remains at all times fully responsible for the installation of our products. Any direct and indirect damage of any nature whatsoever, as well as damage to third parties and any consequential damage caused by poor installation, shall be fully borne by the Customer. GWP can never be held liable for such damage.
GWP advises customers to always call on professional and certified sanitary installers, so that any claims are covered under their professional liability policies.
11. Complaint Handling
In case of complaints, the Customer can always contact email@example.com . GWP will endeavour to respond to complaints within 14 days of the date of receipt.
In case of complaints, the Customer must first contact GWP. Complaints can also notified via the
Europees ODR platform .
All information relating to Privacy is contained in the Privacyclausule on the GWP website.
14. Severability - Non-Waiver
If any provision of these Conditions is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by GWP to enforce or exercise any of the rights set out in these Conditions shall never be interpreted as a waiver of such provision and shall never affect the validity of these rights.
15. Change of Terms and Conditions
These Conditions are supplemented by other conditions where an explicit reference is made, and the general terms and conditions of sale of GWP. In case of contradiction, the present Conditions shall prevail.
The Customer accepts that electronic communications and back-ups can serve as evidence.
17. Applicable Law - Jurisdiction
The Belgian law shall apply, also if the Customer resides abroad. The applicability of the Vienna Sales Convention is expressly excluded. The courts of the judicial arrondissement of Antwerp shall have sole jurisdiction unless mandatory legal provisions provide otherwise.
Bijlage 1: Modelformulier voor herroeping