GENERAL TERMS AND CONDITIONS
For the application of these terms and conditions is understood to mean for HandsHero:
NV Lafosse, with registered office at 8560 Gullegem, Nijverheidslaan 25- KBO 0424.957.493
Telephone: +32 56 42 59 00
complaints service: firstname.lastname@example.org
Current and possibly adjusted general terms and conditions apply to all online sales and are permanently available and printable via the General Terms and Conditions online.
The use of the website is under the sole responsibility of the user.
The following deviating conditions only apply to sales to consumers in the sense of the law:
The agreement is concluded by ticking the general terms and conditions, clicking on the object of sale and placing it in the shopping cart, the confirmation to pay the indicated price, the confirmation to the consumer by electronic means of, among other things, the object of sale and the price and the execution of the payment by the buyer.
The consumer is entitled, by means of a registered letter to the address stated, to renounce the purchase within 20 calendar days following the delivery unless the goods have been made to the consumer's express specification. The return is at the consumer's expense. After the goods have been returned in the same condition as when they were dispatched, Lafosse NV will refund the identical amount paid to the consumer's specified account.
With regard to the guarantee, NV Lafosse refers to the law of 25/02/1991 on product liability.
Unless otherwise agreed in writing by us, all our sales, deliveries, services ... take place in accordance with the following terms and conditions by clicking on the general terms and conditions, which form part of the agreement and which will always apply to the exclusion of the terms and conditions of the customer.
Our company is only bound by written confirmation by e-mail or post or execution, in which, among other things, the object of the agreement is specified or from which the object of the agreement appears.
In the absence of a prior price agreement, all works are carried out under supervision. The same applies to modifications or additional works.
Delivery periods may only be regarded as indications without any obligation on our part. Delays can in no way give rise to the termination of the agreement or to any compensation.
Unforeseen circumstances, such as changes and suspensions requested by the client, will automatically result in an extension of the delivery period and any price increase.
Delivered goods are regarded as accepted by the receiving party. Any dispute or refusal in this regard must be made known within 48 hours by means of a fully reasoned and registered letter.
The execution is guaranteed with the usual deviations. Our commitments are commitments of means. Executed works are considered to be definitively accepted by operation, adaptation, commissioning,... albeit only partially.
Deliveries are made ex works and shipments, including those by our company itself, are always at the risk of the customer. Unless otherwise agreed in writing, collection is deemed to take place within 14 days of notification of delivery.
Freedom from hidden defects is limited to a period of 6 months. This period is absolute and starts to run from either the delivery of the goods, or the acceptance of the works, or the notification of delivery referred to in Article 14. The liability of our company is limited to gross negligence. After the expiry of the conventional warranty period, any recourse shall lapse. Repairs or replacements do not interrupt or suspend the warranty period.
If the materials or works supplied have not been manufactured or carried out by our company, the customer will, under penalty of inadmissibility, bring any claim based on defects in main order against the manufacturer, our supplier or our subcontractor and only in minor order against our company, which can only be claimed after the aforementioned have been evicted, and without us being held jointly or severally liable with them. To the extent that the customer does not have a direct claim against the aforesaid, as accepted by case law, he is asserted in our rights. Voluntary intervention on our part shall not affect this provision.
Are always excluded from any guarantee: switches, valves, thermometers, thermostats, taps, relays, heating elements and all parts subject to normal wear and tear.
The guarantee always lapses if the client has failed to fulfil its contractual obligations, in particular punctual payment, and similarly if the client has had the delivered goods or works repaired or modified by third parties without the written consent of our company itself or by third parties.
No guarantee is given for damage caused by an external cause. No guarantee is given for repairs or conversions.
The guarantee can only give rise to repair or replacement and does not in any way extend to compensation or any direct or indirect damage as a result of any defect.
Assembly and connections, of whatever nature, always take place at the expense of the Client. If a professional or mechanic is required, all costs will be charged, in particular working hours, waiting hours, travel costs and time. If installations, auxiliaries, lifting equipment, etc. are necessary, the customer must provide them at his own expense.
Payment - condition for delivery - is made no later than 24 hours after electronic confirmation by the company.
In the event that the ordered goods are not collected 14 days after the contractual delivery period provided for in the sales contract or the notice of delivery or if it is not possible to place the ordered goods on the planned date on account of the customer, our company will be entitled after expiry of this period to regard the agreement as dissolved by operation of law and without notice of default to the detriment of the customer, without prejudice to the possibility of forced execution of the agreement. After expiry of the delivery period, storage costs equal to € 25.00/calendar day shall be due by operation of law. The date mentioned in the letter shall be deemed to be the postal date. In the event of dissolution, subject to increase, at least fixed compensation equal to the advance payment shall be due by operation of law.
All goods belonging to the client that are entrusted to the company are explicitly pledged as a guarantee for the proper execution of all obligations.
Any refusal or contestation of our invoices must be made by registered and substantiated letter within 8 days of the invoice being sent, with the invoice date serving as the date of dispatch, unless evidence to the contrary is provided.
The partners and managers expressly declare that they jointly and severally guarantee the obligations entered into by the company with the express waiver of the privilege of eviction.
The delivered goods remain the property of our company until full payment of all invoices, outstanding invoices and their accessoria. Nevertheless, all risks are transferred to the customer as a result of the delivery.
The purchaser undertakes to inform the owner of the premises in writing within 48 hours that unpaid goods have been brought into the rented property with a copy to the company. In the absence of written proof, a fixed compensation of 25% of the value of the sold goods is due by right by the buyer.
In the absence of payment, the buyer shall expressly and without judicial authorisation allow us to retrieve the delivered goods, including those that would have become immovable by destination or incorporation, wherever they may be, at the expense of the buyers or principals. All amounts paid to us shall remain acquired by way of advance payment of - and at least as a minimum - compensation for non-compliance with the agreement, loss of value, wear and tear, user compensation without prejudice to other damages.
Under no circumstances may the amounts paid be offset against other outstanding balances.
All our invoices are payable within 30 days unless otherwise agreed in writing. After the due date, interest of 10% per annum will accrue ipso jure and without notice of default.
In the event of total or partial non-payment on the due date, the balance owed will be increased by 15% by operation of law without the need for notice of default, with a minimum of €125 and a maximum of €3,500 as fixed compensation, without prejudice to interest and without this provision constituting an obstacle to the possible application of Article 1244 of the Dutch Civil Code. In case of purchase/order by superiors, joint and several liability is agreed upon.
In the event of a dispute between the parties, at the discretion of the company, either the Courts and Peace Court of the debtor's place of residence or the Courts of Kortrijk and the Peace Court of Menen are competent. The legal relationships between the parties are governed by Belgian law.