General conditions for Trideus, located at Truibroek 65, 3945 Ham, Belgium. Version is valid starting from 30/10/2013.
Article 1: General terms
1.1 The e-commerce website of Trideus, with municipal location at Goeslaerstraat 59, 3560 Lummen, Belgium, VAT BE0543289971 (hereafter ‘Trideus’) offers its customers the possibility to purchase products online in its webshop.
1.2 These general conditions are applicable to all orders placed by a visitor on the e-commerce website of Trideus. The conditions are accessible to everyone and are included on the website of Trideus. On request, we can send you a written copy.
1.3 By ordering, you acknowledge the terms of delivery and payment and you agree with them. Trideus keeps the right to change these terms of delivery and payment after the expiring of the duration.
1.4 General conditions or contract terms from third parties aren’t acknowledged by Trideus, except for a written agreement.
1.5 Trideus guarantees the delivered product will meet the agreement and the specifications mentioned in the offer.
Article 2: Price
2.1 All prices on the website are in EURO and inclusive 21% VAT.
2.2 Depending on the selected transportation, there can be transportation costs added to the purchase price.
2.3 The prices of the products will not be increased during the term of the offer, except when legal measures are necessary or when the producer increases his prices in the time of the process.
2.4 All prices on the site are under preservation of publication errors. We will not be held accountable to consequences of publication errors.
2.5 The prices are solely for the products as they are descripted. Additional photos are decorative and can contain elements that are not included in the price.
Article 3: Payment facilities
3.1 Payment will occur on one of the ways of payment stated during the order process.
3.2 The period within which the order must be paid is 30 days after handing over or forwarding the invoice.
3.3 Unless otherwise agreed in writing, the shipment of the ordered goods will happen after payment is received. When paying, one must take notice that there can be a delay of 1 to 3 days if you choose payment by bank transfer.
3.4 Baring protest in the form of a registered letter within 7 workdays after receiving the invoice, this is deemed to be accepted by the customer.
Article 4: Offer
4.1 However the fact that the online catalogue and e-commerce website are created with the highest form of accuracy, there still is the possibility that the offered information is incomplete, contains material mistakes or is not up-to-date. These mistakes or flaws in the offer do not bind Trideus. Concerning the correctness and completeness of the offered information, Trideus is only held to a commitment of means. Trideus is never reliable for manifest material flaws or printing errors.
4.2 When the customer has specific questions concerning the measures, color, availability, delivery time or way of delivery, we request the customer to contact our customer service in advance.
4.3 The offer always counts as long as stock lasts and can, at all times, be withdrawn or adapted by Trideus. Trideus can’t be held liable for the availability of a good. When a product or offer has a limited time or this offer is set under special conditions, these will be emphasized in the offer.
Article 5: Delivery
5.1 Delivery will take place as long as the stock is available.
5.2 In ruling with the law on distance selling, Trideus will execute the orders at least within 30 days. When this is not possible (because out of stock or non-deliverable), or there is a delay caused by different reasons, or an order can’t be executed or only partially executed, the customer will receive a message within 1 month of ordering and in that case, he has the right to cancel the order without costs.
5.3 The obligation to deliver will be met by Trideus, awaiting counter evidence, as soon as the delivered goods have been offered once to the customer, or at the location provided by the customer. When delivered at home, the report of the transporter, accounting for the refusal to accept, will be evidence of the offer to deliver.
5.4 All the terms mentioned on the website are indicative. There can be no referral to these mentioned terms.
5.5 All visual damages and/or qualitative shortcoming of article, or other shortcomings with the delivery, have to be mentioned to Trideus as soon as possible.
5.6 The risk of loss or damage is in hands of the customer once he (or a by the customer appointed third party, which is not the delivery firm) has physically received the goods. However, the risk already goes from Trideus to the customer when the customer has selected the delivery firm, which was not a delivery firm that was selected or offered by Trideus.
Article 6: Retention of title
6.1 The delivered articles remain the exclusive property of Trideus, up until the moment the customer has paid the full amount.
6.2 The Customer undertakes to designate third parties, if necessary, to preserve Trideus’s proprietary retention, e.g. to anyone who will seize the items not yet fully paid.
Article 7: right of withdrawal
7.1 The terms of this article are only valid for the customers that purchase articles online on the webshop of Trideus.
7.2 When there is a consumer sale, according to the Law on Market Practices and Customer Protection (article 45 and following), the consumer has the right to return (part of) the delivered goods within a period of 14 calendar days, without reason of returning. This period starts at time of delivery. If the customer hasn’t returned the goods to Trideus after this period, the sale will be final. The customer, before he wants to return the goods, must send a written request to Trideus, within 14 calendar days after delivery. The customer must prove that the goods were sent back on time, for example by an evidence of postal delivery. The right to return the products becomes void when they have been used by the customer or when they have been damaged. Keeping this rule in mind, Trideus will make sure to refund the entire amount of costs, shipping costs included, within 30days of receipt. The return costs of the products are entirely to the account of the customer.
7.3 The right of withdrawal, as described in the last paragraph, only covers the delivered goods and will not cover services, such as telephone costs from the mobile operators, offered by Trideus. On these services, where Trideus only operates as agent, the general conditions of these mobile operators will apply.
7.4 The right of withdrawal doesn’t apply to:
- The execution of services, started before the period of 14 calendar days, with the consent of the consumer
- The goods of services where the price depends on fluctuations on the financial markets, which are out of the influence of the supplier.
- Goods with a personal character, or manufactured according to the specifications of the consumer.
- Goods that can’t be returned, due to their nature, for example hygienic products or goods that can spoil easily.
- Audio- and video recordings and computer programs where the seal has been broken by the customer.
- The delivery of newspapers and magazines; for the services of bets and lotteries
7.5 To claim his right of withdrawal, the customer must inform Trideus via an unambiguous statement (e.g. written by mail, fax or e-mail) about his decision to fulfill his right of withdrawal.
7.6 Only articles that are in the original packaging, together with all tools, user manuals and the original invoice or prove of purchase can be returned.
8. Data management.
8.2 Trideus respects the privacy of the users of the website and makes sure your personal data will be treated with confidentiality.
8.3 In some case, Trideus uses a mailing list. Each mailing has instructions on how to remove yourself from this list.
Article 9: Warranty
9.1 The entrepreneur guarantees the validity of the products and/or services in the contract, the mentioned specifications, the reasonable demands of dignity and/or usability and to the legal agreements and governmental rules on the date of the contract. The legal guarantee period for private persons is 2 years, for companies and governments this is one year. If there is a hidden malfunction, replacement and repair fall under the warranty for 2 years.
9.2 An agreement, offered by the entrepreneur, producer of importer, as a guarantee, doesn’t diminishes the right and claims the consumer has towards the entrepreneur, in case of shortcomings in the fulfilling of the agreement.
9.3 The customer is obligated to immediately control the goods at time of delivery. When the wrong product has been delivered, or it has been damaged or it is incomplete, the customer must notify Trideus in writing of these shortcomings, before returning the goods. Wrongly delivered and damaged products have a term of maximum 2 months after delivery to be returned to Trideus, starting from the day the flaw was noticed. However, if the goods are used after the observation of these imperfections, the right to reclamation and returning will expire.
9.4 If the customer’s claims are being agreed upon by Trideus, Trideus will replace the goods without cost or we will make a written agreement about the compensation. Trideus liability is limited to the amount of the highest price of the concerned goods, of to the amount that is covered by the liability insurance. Every liability towards other sorts of damage is excluded.
9.5 Trideus is not liable for any damaged caused with intention or caused by recklessness of non-management personnel.
9.6 This guarantee doesn’t apply when:
A) as long as the customer is liable towards Trideus;
B) the customer tried to repair the damage himself or by third parties.
C) the delivered goods have been exposed to abnormal conditions or have been carelessly treated or contrary to the directions of the manual on the packaging;
D) the malfunctioning is the consequence of the rules stated by the government regarding the nature or the quality of the applied materials.
Article 10: Deals
10.1 All deals are without obligation, unless it is differently mentioned in the deal.
10.2 When the deal is accepted by the buyer, Trideus keeps the right to alter or cancel the offer within a term of 3 workdays of the receipt of the deal
10.3 Oral commitments only connect Trideus after this have been confirmed expressively and written.
10.4 Deals from Trideus do not automatically apply for repeat orders.
10.5 Trideus cannot be accounted for a deal when the customer had to understand that the offer, or a part of it, contained a manifest error or slip.
10.6 Admissions, changes and/or other appointments are only applicable when it has been agreed in writing.
Article 11: Agreement
11.1 An agreement between Trideus and a customer is established after an order has been viewed feasible by Trideus.
11.2 Trideus keeps the right to itself to refuse orders or commands without giving a reason, or to only accept them under the condition that the shipping happens by prepayment or cash on delivery.
Article 12: Service department
12.1 The service department of Trideus can be reached via +32 11/48.00.75, via mail on [email protected] or per post to the address Truibroek 65, 3945 Ham. Complaints in any sort can be addressed here.
Article 13: Sanctions for late or non-payment.
13.1 Without prejudice to the exercise of other rights in respect of which Trideus is entitled, in the event of non-payment or late payment from the date of non-payment, the Customer is due by law and without notice a 10% interest per annum on the unpaid amount. In addition, the Client is obliged to pay a flat-rate compensation of 10% on the amount involved, with a minimum of 25 euros per invoice, by law and without notice.
13.2 Without prejudice to the foregoing, Trideus reserves the right to withdraw non-fully paid items.
Article 14: Cookies:
14.1 While visiting the site, "cookies" can be placed on your computer's hard drive. A cookie is a text file that is placed by the server of a website in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify people; a cookie can only identify a machine.
14.2 You can configure your internet browser to prevent cookies being accepted, to receive a warning when a cookie is installed or to remove cookies from your hard drive. This can be done through your browser settings (via the help function). Please note that certain graphics may not appear properly, or you may not be able to use certain applications.
Article 15: Images and specifications
15.1 All images, pictures, drawings, etcetera; data about the weight, size, color, pictures of labels, etc., on the website of Trideus are indicative and cannot be a reason for compensation or dissolution of the agreement.
Article 16: Case of force majeure
16.1 Trideus is not liable, when and if the agreements cannot be reached or fulfilled due to force majeure.
16.2 Force majeure is understood to mean any foreign cause, as well as any circumstance which, in principle, should not be at risk to her. Delay or maladministration by our suppliers, Internet malfunctions, malfunctions in the electricity, malfunctions in email traffic, malfunctions or changes in third party technology, transport difficulties, workstations, government measures, delay in landing, supplier failures, and / or Trideus manufacturers as well as emergency personnel, staff illness, defects in auxiliary or transport equipment are expressly regarded as force majeure.
16.3 Trideus keeps the right to suspend our obligations towards the agreement in cases of force majeure, and is entitled to dissolve the agreement partially or completely, or to demand that the terms of agreement are adjusted to facilitate the execution of the agreement. In no way is Trideus obliged to pay a fine or a compensation.
16.4 If Trideus has already partially fulfilled her obligations or when she can only partially fulfill the obligations, when the force majeure happens, will she be entitled to separately invoice the already delivered services or goods and the customer will be obliged to pay this invoice as it were a separate contract. However, this will not be applied when the already delivered part of the agreement has no independent value.
Article 17: Liability
17.1 Trideus cannot be held liable at any way, or it will not accept any liability for damages that begin or began, whenever, by wrong usage of the devices and products, nor by defective or wrongful usage of the created or composed products by these devices. Trideus cannot be held liable for defective, not or insufficient functioning products or parts that were created by the customer itself, whatever they may be.
17.2 Trideus cannot be held liable in any way when the rules of the product are not followed, included those regarding the safety and usage of the right materials.
17.3 By not complying to the rules of correct usage, correct installing and placement, maintenance and by doing repairs at your own initiative or risk, the warranty of the device expires.
Article 18: Change of these terms
18.1 These Terms are supplemented by other terms expressly referred to, and the general terms of sale of Trideus. In case of contradiction, these Terms and Conditions will prevail.
Article 19: Evidence
19.1 The customer accepts that electronic communications and back-ups can be evidence in a court of law.
Article 20: Applicable law and competent Court of Law
20.1 The Belgian law applies to all agreements and contracts.
20.2 All differences, coming from an agreement between Trideus and customer, that can’t be solved by mutual agreement, will be judged by the competent court off the arrondissement Hasselt, Limburg, Belgium, unless Trideus prefers to trial the difference with the competent court of the residence of the customer, and with the exception of those differences that should be decided by the district judge.