POMAX GENERAL TERMS & CONDITIONS
Version 1 – 25/10/2016
TABLE OF CONTENTS
Article 1 – Identity of the vendor
Article 2 – Applicability & Conditions
Article 3 – Our offer and your order
Article 4 – Right of withdrawal
Article 5 – Price
Article 6 – Payment
Article 7 – Compliance and Warranty
Article 8 – Delivery and execution
Article 9 – Duration
Article 10 – Force majeure
Article 11 – Intellectual property rights
Article 12 – Complaints procedure and disputes
ARTICLE 1 // IDENTITY OF THE VENDOR
2550 Kontich (Belgium)
E-mail address: email@example.com
Telephone No.: +32 (0)3 457 53 53
Company registration number: BE0449.729.612
VAT No.: BE0449.729.612
These General Terms and Conditions (and any amendments thereto) apply to the use of this website and to the contract you and we enter into. These terms and conditions relate to the rights and obligations of all users (“you” / “your”) and those of POMAX (“us” / “our” / “we” / “the vendor”) in relation to the products that we offer through this website (www.pomax.com).
Please read these terms and conditions carefully before you click on the “Confirm order and pay” button at the end of the ordering process.
Using this website or placing an order binds you to these terms and conditions. If you have questions about the terms, please contact us using the online contact form.
ARTICLE 2 // APPLICABILITY & CONDITIONS
- Our General Terms and Conditions apply to every offer POMAX makes you as a Consumer (any natural person who acquires or uses marketed products or services for solely non-professional purposes).
- We only deliver in Belgium. We reserve the right to reject your order if you give a delivery address in another country.
- You must be at least 18 years of age to place an order. If you are under 18, please ask your parents or legal guardian to place the order for you. We reserve the right to refuse an order if we discover that it was placed by a minor.
- Since there are also additional special conditions in addition to these General Terms and Conditions, the above also applies to those special conditions. Should our General Terms and Conditions clash with these special conditions, as a consumer you are always entitled to invoke the most advantageous text in your favour.
- POMAX is entitled to amend and/or supplement these General Terms and Conditions. In the event of a material change, POMAX shall inform the Purchaser of this fact in writing at least one month before the relevant amendment or addition is due to take effect. Unless the Purchaser submits a written objection to the General Terms and Conditions within two weeks of the date of the written notification, the Purchaser shall be deemed to have tacitly accepted the amendment or addition.
Ordering through our website
- Placing an order on the website is considered as an express acceptance of our General Terms and Conditions which can always be viewed on the website.
- If you order online, we will provide you with a copy of these General Terms and Conditions in a format that you can save or print at the time of the order confirmation or, at the latest, upon delivery. In any case, we recommend that you always save or print them.
ARTIKEL 3 // OUR OFFER AND YOUR ORDER
- If an offer is only valid for a limited time or is subject to certain conditions, we clearly mention this in our offer. Where such a term is not specified, the offer made by POMAX shall remain valid while stocks last. We always describe as completely and accurately as possible what we sell you and how the ordering process will take place. In any case, the description is sufficiently detailed to allow you to make a proper assessment. Whenever we use images, these are a faithful illustration of the goods and/or services on offer. It is impossible to guarantee a perfect representation of the products on the website and/or in the catalogues, particularly due to the differences in colour rendering between the navigation software and/or screen displays, and POMAX cannot be held liable for the inaccuracy of the pictures on the website.
- Your order is complete and the contract between us becomes final as soon as we receive approval by the card issuer for your payment transaction by credit or debit card. We accept Maestro, Bancontact, Visa and MasterCard. If the issuer of your card refuses to clear your payment to us, we cannot be held liable for any delays in the delivery and/or the non-delivery of your order. Orders without a valid payment in the name of the registered cardholder will not be accepted or processed.
Ordering through our website
- You need to add a product to the shopping basket in order to purchase that product. Afterwards, you need to enter your contact details and billing information. Then, choose your method of delivery: either have it shipped to the address provided by you, collect it from a POMAX shop, or pick it up from one of the POMAX collection points. During the last step, you will get a summary page. You will need to accept our General Terms and Conditions and confirm your payment by clicking on the order button with the caption “Order with obligation to pay”. Your purchase will be final when you have completed these steps. We will send you an order confirmation by e-mail.
ARTIKEL 4 // RIGHT OF WITHDRAWAL
- If you buy goods or services from us, by law you have 14 calendar days from the delivery date to decide whether or not to keep the goods or services. In such a case, you are entitled to return (at your own expense) your order without incurring any penalty and without providing any reason. We will refund you the full purchase price no later than 14 calendar days after we receive your order back from you (see also point 3). The refund may be made using a payment method other than the one used by you.
- You will therefore have to bear the direct costs of sending back the goods. We will indicate what it will cost or give an estimate, if this cannot be reasonably calculated in advance. If returning the goods by post proves impossible, we will come to collect them from your home address and won’t charge you anything for this.
- We may withhold reimbursement until we have the goods back in our possession or you have demonstrated that you have returned the goods, whichever is the earliest.
- We expect you to take great care of your order and packaging during the first 14 days after delivery. If you want to still be able to return the goods as described above, you can unpack or use them only to the extent that is necessary to determine whether or not you want to keep them. The Purchaser can check them for a good fit in their final location, but returned goods must be unused. If you return the goods, do so with the original packaging (if possible), in their original condition, with all the accessories supplied, while taking our instructions below into account.
- You can send your return package by post.
- You can fill out the form below and send it to POMAX Belgium NV, attn. Web shop, Duffelsesteenweg 160, 2550 Kontich, Belgium in order to exercise – without delay and correctly – your right of withdrawal in the supply of both services and goods. We will e-mail you an acknowledgment of receipt of your withdrawal.
“SPECIMEN WITHDRAWAL FORM”
(insert link to specimen form)
ARTICLE 5 // PRICE
- Our prices will not change during the period mentioned in our special offers, except for price changes resulting from changes in VAT rates.
- Our prices include all taxes, VAT, levies and services. Consequently, you can be sure they will never be any nasty surprises. However, we may decide to charge the shipping cost on top of the purchase price. If that is the case, we will always inform you before you finalise your order.
ARTIKEL 6 // PAYMENT
- On our website, we only accept payment through the methods of payment displayed there: Maestro, Bancontact.
- To ensure secure online payment and the security of your personal details, the transaction data is encrypted with SSL technology when it is transmitted over the Net. You don’t need special software in order to pay using SSL technology. You can tell that you have a secure SSL connection by the ‘padlock’ icon displayed in the lower status bar of your browser.
ARTICLE 7 // COMPLIANCE AND WARRANTY
- We guarantee that our products are as ordered and meet the customer’s normal expectations, taking into account the product specifications. Of course, we guarantee that our products comply with the existing laws at the time of your order.
- Also with regard to the supply of goods, we guarantee the legal minimum warranty period of two years should the product not be as ordered. This means that, should a product display faults or defects, this product may be replaced free of charge for up to two years following its delivery.
Only if a replacement is excessive, impossible or cannot be performed within a reasonable timeframe will you be entitled to demand a price reduction or termination of the sales contract.
If the defect or fault manifests itself within 6 months of delivery, it shall be considered to have already existed before the delivery, unless we can prove otherwise. After 6 months have elapsed, it will be up to you to prove that the defect was already present when the product was delivered.
- The sales contract may actually limit the timeframe during which you can identify a defect. This timeframe cannot be shorter than two months, however.
In principle, the consumer’s right of action lapses within one year of spotting the defect.
The two-year warranty period shall be suspended during the replacement period.
You will not benefit from a new two-year warranty period, but the term that has already begun will resume starting from the day you receive the replacement product.
ARTICLE 8 // DELIVERY AND EXECUTION
- All goods and services will be delivered to the address that you specify when ordering. Your order is delivered to the frontdoor, with our current transportpartners it is not possible to deliver to different floors or a location other than the frontdoor.
- When an item is in stock, it will arrive at your delivery address within 1 to 3 days. We will give you the delivery period in your order confirmation.
3. If we cannot deliver on time, we will always let you know before the scheduled delivery deadline has expired. If we fail to do that, you can retract from your order at no cost to you. Should that happen, we will refund you no later than 30 days after termination of the contract.
4. We always bear the full risk of shipping goods. This means that you do not have to worry about goods getting lost in the post. However, if you return our goods within 14 calendar days of purchase because you would rather not keep them, you are responsible for their transport.
5. If the goods supplied by us are damaged during transport, do not match the items listed on the delivery slip, or do not match the items you ordered, you should report it as soon as possible and certainly within three (3) working days and return the items to us within 14 calendar days of receipt. You must use the ‘return form’ supplied for that purpose. Should you have any queries while filling out this return form, feel free to contact a member of our staff at the e-mail address: firstname.lastname@example.org.
We cannot be held liable for any consequential loss for late delivery or non-delivery by the carrier which was hired by the company. Our liability in such cases remains limited to the value of the items for which it has been proven that they were not received by the customer.
ARTICLE 9 // FORCE MAJEURE
- We are not bound to fulfil our obligations in a case of force majeure. In such cases, we are entitled to suspend our obligations for the duration of the force majeure, or definitively terminate the contract.
- Force majeure is any circumstance beyond our will and control which prevents us from fulfilling our obligations in whole or in part. These circumstances include, among others: strikes, fire, machine breakdowns, power failures, failures in (telecoms) networks, connections or communication systems used and/or the inaccessibility of our website at any time, late or non-delivery by suppliers or other third-party contractors, etc.
ARTICLE 10 // INTELLECTUAL PROPERTY RIGHTS
- Our website, logos, texts, photographs, names and, in general, all our communications are protected by intellectual property rights held either by us, our suppliers, or other right holders.
- It is forbidden to use and/or implement changes to the intellectual property rights as described in this article. Consequently, for example, you may not copy or reproduce illustrations, photographs, texts, logo colour combinations, etc. without our prior express written consent.
ARTICLE 11 // Complaints procedure and disputes
- It goes without saying that we hope that all our customers are fully satisfied. However, if you do have reason to complain about our products or services, you can contact us by e-mail at email@example.com. We will do our utmost to handle your complaint within seven (7) days.
- All the contracts that we enter into with our customers, irrespective of their place of residence, are governed exclusively by Belgian law. Should disputes arise, the competent Belgian courts have jurisdiction. Where, for reasons of international law, another law should nevertheless apply, it shall be resorted, in the first instance, to Volume VI of the Belgian Code of Economic Law in the interpretation of these General Terms and Conditions.