Web Shop General Terms and Conditions of Sale
RIGHT OF WITHDRAWAL
The consumer has the right to inform the company that they are withdrawing from the purchase, without incurring any penalties and without providing any reason, within 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract. The consumer does not have the right to withdraw the purchase in cases provided for in Book VI WER (the Code of Economic Law) – Articles VI.47 et seq. of the WER. This is the case for the delivery of goods made to the consumer’s specifications or of a clearly personal nature or which by their nature cannot be returned. The consumer is liable for any diminished value of the goods resulting from handling the goods beyond what was necessary to establish the nature, characteristics and functioning of the goods. The consumer bears the direct cost of returning the goods. The costs for returning the goods are in principle equal to the original freight and/or delivery costs.
Company details
SMANS NV
Bremheidelaan 8
2300 TURNHOUT
info@smans.com
014 42 44 01
BE 0462.377.719
Article 1: General provisions
The e-commerce website of SMANS, a company under the legal form of an NV (public liability company) with its registered office at 2300 TURNHOUT, Bremheidelaan 8, VAT BE 0462.377.719, (hereinafter ‘SMANS NV’) offers its customers the opportunity to purchase the products online from its web shop.
These General Terms and Conditions (“Terms and Conditions”) apply to any order placed by visitors to this e-commerce website (“Customer”). When placing an order through the SMANS NV web shop, 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 conditions of the Customer are excluded, except when previously and expressly accepted in writing by SMANS NV.
Article 2: Price
All prices are expressed in euro, always including VAT and any other taxes or duties to be borne by the Customer and are valid until the date indicated.
Any delivery, reservation or administrative costs charged will be indicated separately.
The price indication applies only to the items described exactly as stated. The accompanying photos are for decorative purposes and may contain elements not included in the price.
Article 3: Offer
Despite the fact that the e-commerce website is compiled with the utmost care, it is still possible that the information provided may be incomplete, contain material errors, or not be up to date. Manifest oversights or mistakes in the offer are not binding for SMANS NV. SMANS NV is only bound by an obligation of means with regard to the correctness and completeness of the offered information. SMANS NV shall in no case be liable in case of manifest material errors, misprints or printing errors.
If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service department in advance.
The offer is always valid while stocks last and can be modified or withdrawn by SMANS NV at any time. SMANS NV cannot be held responsible for the unavailability of a product. If an offer has a limited validity or is subject to certain conditions, this shall explicitly be mentioned in the offer.
Our offers on our Belgian website are aimed exclusively at the Belgian, Dutch and Luxembourg markets.
We guarantee that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
In the event that SMANS NV fails to meet its obligations towards the consumer, the consumer retains the right to demand the fulfilment of those obligations in accordance with the law and/or the distance contract at all times.
Article 4: Online purchases
- A Customer creates an account on SMANS NV’s web shop, where the Customer’s personal details are recorded. Before proceeding to order, SMANS NV must approve the customer’s account. Only after approval can a Customer proceed to order.
Customers can place their order by completing the online ordering process. By doing so, a customer confirms they have the legal capacity to enter into such agreements, or are doing so under the supervision and with the consent of a person who has the required capacity. The customer also acknowledges that they have read and accepted these Terms and Conditions prior to placing the order.
- Orders are processed in order of receipt and delivered while stocks last. We reserve the right to refuse an order, change its amount or attach additional conditions to the delivery. If requested, we will inform you of the reason. Incomplete or unclear orders will either be rejected or the customer will receive an invitation to complete them.
- After an effective order, the Customer will receive an order confirmation with an overview of the order. The purchase is made when the customer receives the confirmation email.
- Photographs, training materials, videos, texts, checklists, completion forms, manuals, tips, and similar resources intended to inform you, the user/customer, as thoroughly as possible, can be found on the manufacturer’s website.
- Any statement selected by the customer during the ordering process is binding. The customer is solely responsible for any selected statement based on incorrect information.
- SMANS NV cannot be held responsible for damage resulting from incorrectly ordered parts and/or incorrect connection.
- For each order, the customer receives an email containing a summary of all the main and supplementary products they have ordered.
- A late delivery or delivery in separate stages does not constitute a valid reason for financial compensation or cancellation of the order.
The Customer can choose between the following payment methods:
- bancontact (direct debit);
- iDeal;
- bank transfer to account number BE31 6451 1286 1555 (SWIFT: JVBABE22);
- on account (after approval by SMANS NV).
SMANS NV is entitled to refuse an order due to a serious shortcoming of the Customer in relation to orders involving the Customer.
Article 5: Delivery and implementation of the agreement
Items ordered through this web shop are delivered in Belgium, the Netherlands and Luxembourg. Transport costs are listed separately.
Delivery shall be made by a transport company appointed by Smans NV, unless the customer expressly prefers another transport company, at their own responsibility and expense.
Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer within 30 days of receipt of the order, subject to the goods being in stock.
Any visible damage and/or quality deficiency of an item, or any other shortcoming in the delivery, must be reported by the Customer to SMANS NV without delay, and within 48 hours of receiving the goods.
The risk of loss or damage transfers to the Customer as soon as they (or a third party designated by them, who is not the carrier) take physical possession of the goods. However, if the carrier is appointed by the Customer, the risk passes to the Customer upon delivery to the carrier.
Article 6: Retention of title
All goods, materials and supplies, as well as the executed works remain the property of SMANS NV until full payment of our invoices in principal amount and any supplements and/or interests.
This shall also apply if the works, supplies, goods or materials of SMANS NV are only part (accessory) of a larger whole (principal), when the ownership or parts thereof would not belong to SMANS NV.
However, the risk transfers to the Customer the moment the goods leave our warehouses. From that point onward, the Customer is liable for any damage to or loss of these goods.
The Customer also undertakes, if necessary, to inform third parties of SMANS NV’s retention of title, for example, in the event that any party attempts to seize items that have not yet been paid for in full.
Article 7: Right of withdrawal (applicable to consumers only)
The provisions of this article only apply to Customers who purchase items online from SMANS NV in their capacity as consumers.
A Customer has the right to revoke the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days from the day following the delivery of the good:
If the delivery of the good consists of several shipments or parts, the withdrawal period shall begin on the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes possession of the first shipment.
To exercise the right of withdrawal, the Customer must notify SMANS NV, Bremheidelaan 8, 2300 TURNHOUT, VAT BE 0462.377.719, 014 42 44 01, info@smans.com of their decision to withdraw from the contract via an unambiguous statement (e.g. in writing by post or email). The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to SMANS NV, Bremheidelaan 8, 2300 TURNHOUT, without delay, but in any event no later than 14 calendar days after the day on which they communicated their decision to revoke the contract to SMANS NV. The Customer is on time if the goods are returned before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne by the Customer.
The Customer is requested to return the items in their original condition and packaging, with all accessories and instructions supplied with them. If the returned product is somehow reduced in value, SMANS NV reserves the right to hold the Customer liable and claim compensation for any reduction in the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
All returned items are carefully examined. The premise here is that the consumer may only inspect the article as they would be allowed to do in a shop. Returned items must not have been used. Where an item has suffered a reduction in value due to the Customer’s use, this will be charged to the Customer.
If the Customer revokes the contract, SMANS NV will refund all payments received from the Customer up to that point, including standard delivery costs, to the Customer within a maximum of 14 calendar days after SMANS NV has been informed of the Customer’s decision to revoke the contract. For sales contracts, SMANS NV may withhold the refund until it has received all the goods back, or until the Customer has provided proof of returning the goods, whichever occurs first.
Any additional costs resulting from the Customer’s choice of a mode of delivery other than the cheapest standard delivery offered by SMANS NV will not be refunded.
SMANS NV will refund the Customer by bank transfer, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refunds.
The Customer cannot exercise the right of withdrawal for:
- the supply or provision of goods whose price is subject to fluctuations in the financial market over which SMANS NV has no influence and which may occur within the withdrawal period;
- the delivery of goods manufactured to the Customer’s specifications, or which are clearly intended for a specific person;
- the delivery of goods which, after delivery, are by their nature irrevocably mixed with other products;
- agreements where the Customer has specifically requested SMANS NV to visit them to carry out urgent repairs or maintenance onsite;
Article 8: Warranty
Under the Act of 21 September 2004 on consumer protection in the sale of consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
As soon as the customer or the third party designated by the customer receives the products, this recipient is obliged to examine the products carefully. Any visible damage and/or qualitative defect to an article and/or to the delivery must be reported by the customer within 48 hours.
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, the Customer must contact SMANS NV customer service (Article 9) and return the item to SMANS NV at their own expense.
If a defect is found, the Customer must inform SMANS NV as soon as possible. In any case, the Customer must report any defect within 14 days of its discovery. After this period, the right to repair or replacement expires.
The Customer is required to clearly describe the nature of the defect.
The warranty (both commercial and/or legal) does not apply to defects caused by accidents, neglect, falls, improper connection, use of the item for purposes other than those for which it was designed, failure to follow the user instructions or manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.
Defects that arise more than two months after the date of purchase, or delivery if applicable, are presumed not to be hidden defects, unless the Customer provides evidence to the contrary.
The warranty is void in cases of damage resulting from incorrect or careless use, negligent maintenance, improper installation, modifications or alterations to the item, use of the item for purposes other than those for which it was intended, or damage caused by external events such as fire, lightning strikes, natural disasters, and similar circumstances. Also excluded from warranty are parts that need to be repaired or replaced due to normal wear and tear.
For non-warranty repair requests, please contact us in advance.
We are not liable for any damage suffered by you or a third party due to the use of an item supplied by us, unless the damage is the result of our wilful misconduct or gross negligence. Additionally, direct or indirect costs or damages resulting from an item being out of service are not eligible for compensation, unless caused by our intent or gross negligence. In the case of disputes, Belgian law shall apply.
If, after conducting tests, SMANS NV determines that no defect is present, SMANS NV reserves the right to charge the Customer for verification costs, with a minimum fee of €125.00.
Article 9: Customer service
To be valid, any complaint must be submitted by registered letter to the registered office of SMANS NV within fourteen calendar days from the date of execution or dispatch of the invoice, bill, or statement of costs. The invoice date shall irrefutably be considered the date of dispatch of the invoice. Payment of the invoice without protest within the stipulated period always constitutes sufficient proof of performance, without exception. Proof of invoice dispatch is provided by our outgoing invoice book or its inclusion in VAT returns.
The customer service department of SMANS NV can be reached at telephone number 014 42 44 01, by email at info@smans.com, or by post at Bremheidelaan 8, 2300 TURNHOUT. Any complaints may be directed to this department.
Article 10: Penalties for non-payment
Any debt remaining unpaid on the due date shall – if the customer is a company – by operation of law and without the need for notice of default or any other formality, accrue interest at the reference interest rate increased by 8 percentage points, as referred to in Article 5, paragraph 2 of the Act of 2 August 2002 on combating late payment in commercial transactions. This interest is calculated on the outstanding amount from the due date. Additionally, a lump-sum compensation of 10%, with a minimum of €125.00, will be charged.
For any debt remaining unpaid on the due date – if the customer is a consumer – after a prior notice of default, interest at the reference interest rate increased by 8 percentage points, as referred to in Article 5, paragraph 2 of the Act of 2 August 2002 on combating late payment in commercial transactions, will be payable. This interest is calculated on the outstanding amount from the first reminder. Furthermore, a lump-sum compensation will be charged as follows:
(a) €20.00 if the balance due is less than or equal to €150.00;
(b) €30.00 plus 10% of the amount due on the tranche between €150.01 and €500.00 if the balance due is between €150.01 and €500.00;
(c) €65.00 plus 5% of the amount due on the tranche above €500.00 with a maximum of €2,000.00 if the balance due exceeds €500.00.
If our firm exceeds the agreed execution time, the client, provided they are a consumer, is entitled to demand the same compensation from us.
If the Customer fails to pay an invoice, including principal, damages, and interest, within the specified period, the entire outstanding amount becomes immediately due and payable, without further notice, even if some amounts or invoices have not yet matured.
Any delay in payment entitles us, after providing notice, to suspend or cancel deliveries and works still to be completed, and to refuse new orders.
Without prejudice to the above, SMANS NV reserves the right to reclaim items that have not been paid for (in full).
Article 11: Privacy
The controller, SMANS NV respects the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes: execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.
You have the legal right to access and, where appropriate, correct your personal details. Subject to proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to SMANS NV, Bremheidelaan 8, 2300 TURNHOUT, info@smans.com. If necessary, you can also request that the details which are incorrect, incomplete or impertinent to be corrected.
In case of use of data for direct marketing: You can object free of charge against the use of your data for direct marketing. To this end, you can always contact SMANS NV, Bremheidelaan 8, 2300 TURNHOUT, info@smans.com.
We treat your data as confidential information and will not transfer, rent or sell it to third parties.
The customer is responsible for keeping their login details and password confidential. Your password is stored in encrypted form, SMANS NV therefore has no access to your password.
SMANS NV keeps online (anonymous) visitor statistics to see which pages of the internet site are visited to what extent.
If you have any questions about this privacy statement, please contact us at info@molsnv.be.
Article 12: Use of cookies
During a visit to the site, cookies can automatically be saved to your computer’s hard disk. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
First-party cookies are technical cookies used by the site visited itself and whose purpose is to make the site function optimally. E.g. settings made by the user during previous visits to the site, or even: a pre-filled form with data the user has done during previous visits.
Third Party cookies are cookies that do not come from the website itself, but rather from third parties, e.g. a marketing or advertising plug-in present. E.g. cookies from Facebook or Google Analytics. These cookies require the site visitor’s prior consent, which can be obtained through a bar at the bottom or top of the website that references this policy. However, this does not prevent the visitor from continuing to browse the website.
You can set your internet browser to not accept cookies, to alert you when a cookie is installed or to delete cookies from your hard drive afterwards. You can do this through your browser settings (via help function). Keep in mind that certain graphics may not appear correctly, or you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Impairment of validity – non-repudiation
If any provision of these Terms and Conditions is declared invalid, illegal, or void, this shall not in any way affect the validity, legality, or applicability of the remaining provisions.
The failure of SMANS NV to enforce any of the rights outlined in these Terms and Conditions, or to exercise any right granted herein, shall never be construed as a waiver of that provision, nor shall it affect the validity of such rights.
Article 14: Amendment of Terms and Conditions
These Terms and Conditions are supplemented by other conditions explicitly referred to, and the General Terms and Conditions of Sale from SMANS NV. In case of conflict, the present Terms and Conditions prevail.
Article 15: BE-Commerce
In addition to the web shop’s internal complaints procedure, you can always turn to the European ODR platform: http://ec.europa.eu/consumers/odr.
The company only offers products that it purchases from the original manufacturers and their wholesalers at all times. In case of doubt about the authenticity of products, consumers can find more information and tips on the website https://www.eccbelgie.be. In case of suspected counterfeiting, the consumer can always file a complaint through Meldpunt https://meldpunt.belgie.be/meldpunt.
Article 16: Applicable law – Disputes
Belgian law applies.
Any dispute will be settled by the Arbitration Tribunal designated by the Arbitration Institute (www.euro-arbitration.org), in accordance with the SDR (Standard Dispute Rules) arbitration regulations. This provision replaces any conflicting jurisdiction clauses.
