EXPO-LINE TERMS AND CONDITIONS
is part of RLB Systems BV
Havenlaan 9 - 3980 Tessenderlo
Company number/ BE 0876 668 182
General terms and conditions webshop
Article 1 Definitions
RLB: RLB Systemen BVBA, with registered offices at 3980 Tessenderlo, I.Z. Ravenshout
4 - Havenlaan 9, with KBO n° 0 876.668.182.
Customer: any person who registers for the web shop
Customer Consumer: any customer who is a natural person and deals with RLB for purposes outside his trade, business, craft or profession.
Customer Non-Consumer: Any Customer, who is a legal entity or any natural person, and who is dealing with RLB for purposes falling within its trade, business, craft or professional activity.
Registration: The registration procedure referred to in Article 3.
Products: The Products offered for sale by RLB via the Web store.
Purchase: Any purchase of Products through the Web Shop.
Becommerce: RLB Systems is a member of Becommerce. This means that our Web site is monitored by an independent organization for compliance with the Becommerce code of conduct. The Becommerce code of conduct protects your interests as a consumer. This code of conduct is available on the following website: http://www.becommerce.be.
Article 2 Applicability
2.1 These terms and conditions apply to the relationship between RLB and the Customer from Registration onwards.
2.2 RLB is entitled to amend these terms and conditions. RLB shall, where appropriate, inform the Customer of the amendments and their effective date via the Website and/or by e-mail. The Customer shall be deemed to accept these changes at the time of the first Purchase following the time of their entry into force.
Article 3 Registration
3.1 The Customer shall first register in order to be able to purchase Products through the online store. The Registration procedure is explained in detail on the Website.
3.2 Each Customer may only register once and will receive unique login details for that purpose, which will make the Customer personally and exclusively liable. The Customer indemnifies RLB against all loss or damage arising from the loss and/or use by third parties of these unique login details.
3.3 A Registration requires the Customer to provide current, complete and correct personal details, failing which Article 14 shall apply. The Customer undertakes to inform RLB in writing, prior to each Purchase, of any changes to the personal details provided. The Customer shall indemnify RLB against any loss or damage resulting from the communication of incorrect, not -up-to-date and/or incomplete data.
Article 4 Offer
4.1 If RLB shows or provides a model, sample or example through the Webshop, this is for illustrative purposes only. The Products may differ from the model, sample or example.
Article 5 Prices
5.1 Unless expressly indicated otherwise in the Web Shop, the prices given are per item, exclusive of taxes (including VAT), duties (including Recupel, Bebat, Auvibel) and costs (including transport costs), and are given in Euros.
5.2 In the event of an increase in the price of raw materials and/or the price of wages for the production of the Products during the period between the Purchase and the delivery of the Products, RLB shall be entitled to revise the agreed price. Such revision shall only relate to 80% of the originally agreed price. Such revision shall consist of passing on the percentage increase in the price of raw materials and/or the price of wages on a one-to-one basis to the portion of the agreed price represented by the said costs.
Article 6 Purchase and withdrawal right
6.1 Without prejudice to Article 6.2, each Purchase of Products through the Web Shop is binding on the Customer. Cancellation of a Purchase by the Customer shall entitle RLB to compensation for damages, which shall be fixed at 30% of the agreed price (including taxes, duties and expenses), without prejudice to RLB's right to claim compensation for its actual loss (loss of profit, costs of preparation, orders from third parties, storage, commission etc.) or the enforced execution of the Purchase.
6.2 Each Customer Consumer shall have the right to withdraw from the Purchase free of charge within a period of 14 days without giving any reason. This withdrawal period shall expire 14 days after the day on which the Customer Consumer or a third party designated by the Customer Consumer, other than the carrier, takes physical possession of the Product. To exercise the right of withdrawal, the Customer Consumer must inform RLB of the decision to withdraw from the Purchase by an unequivocal statement (e.g. written by post, fax or e-mail). For this purpose, the Customer Consumer may use the model withdrawal form, which can be found on the Website, but is not obliged to do so. To respect the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the Customer Consumer revokes the Purchase, the Customer Consumer shall receive from RLB all payments made by the Customer Consumer up to that time, including delivery costs (with the exception of any additional costs resulting from the Customer Consumer's choice of a mode of delivery other than the cheapest standard delivery offered by RLB) without delay and in any event no later than 14 days after RLS is informed of the decision to revoke the Purchase. RLB shall refund the Customer Consumer with the same means of payment with which the Customer Consumer made the original transaction, unless the Customer Consumer has expressly agreed otherwise. In any case, no charges will be made for the refund. The direct costs of returning the Products shall be borne by the Customer Consumer. The Customer Consumer is only liable for the depreciation of the Products resulting from the use of the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products. The right of withdrawal is not open to Customers Non-consumers.
6.3 Each Purchase shall be deemed to have been made at the registered office of RLB.
Article 7 Delivery
7.1 Delivery periods are provided by way of information. Delays cannot give rise to any penalty, compensation or dissolution of the contract.
7.2 Delivery of the Products takes place EX WORKS at the registered office of RLB (Incoterms 2010). The transport of the Products is always arranged by RLB in the name and for the account of the Customer and under the Customer's responsibility. RLB is entitled to make partial deliveries.
7.3 Even if the Customer for any reason fails to take delivery of the Products at the time of delivery, the risk of the Products shall immediately pass to the Customer and the Price of the Products shall become immediately due and payable. RLB will then store the Products at the expense and risk of the Customer until the Customer actually takes delivery. During the storage period, the Customer shall be liable by operation of law and without prior notice of default for storage costs, which shall be fixed at 1% of the agreed price for the Products per week, without prejudice to RLB's right to claim compensation for its actual loss. If the Customer waives the Purchase, Article 6.1 shall apply.
7.4 Indicative delivery times of course give the vendor the necessary leeway to deliver somewhat later also in the event of unexpected events or serious traffic jams. In addition, cans of paint up to and including the number 4 can be picked up "free of charge". The delivery costs for the accumulation of several cans of paint are calculated in the last phase when completing your order online in your account. The transport prices in the shopping cart are indicative and will be calculated only when you actually order.
Article 8 Payment
8.1 Payment for Products shall be made online or, where this option is open to the Customer, on receipt of an invoice. RLB shall not be liable for any loss arising from the Customer's use of online means of payment, except in the case of wilful misconduct or fraud on the part of RLB. Any payment for Products shall be deemed to be made at the registered office of RLB.
8.2 In the event of late payment of an invoice by a Customer Consumer, RLB shall be entitled, from the due date, to charge interest on arrears from day to day calculated on the outstanding invoice amount at the legal interest rate, as well as a fixed compensation by way of extra-judicial recovery costs calculated at 15% of the total invoice amount, with a minimum of EUR 75.00.
8.3 In the event of late payment of an invoice by a Non-Consumer Customer, RLB is entitled, from the due date, to charge interest on arrears from day to day, calculated on the outstanding invoice amount at the special legal interest rate (W 02/08/02), as well as a fixed compensation by way of extrajudicial recovery costs calculated at 15% of the total invoice amount, with a minimum of EUR 75.00.
8.4 The late payment of one invoice by a Customer shall render all invoices issued in respect of the same Customer payable with immediate effect. RLB shall, where appropriate, be entitled by operation of law, without prior notice of default and with immediate effect to suspend all deliveries to this Customer until all overdue and non-due invoices have been settled.
Article 9 Retention of title, risk and transfer of claim
9.1 The Customer shall acquire title to the Products purchased upon receipt by RLB of full payment of the Purchase Price.
9.2 The risk of the Products purchased shall pass to the Customer upon delivery.
9.3 In the event that the Customer alienates or transfers the delivered goods to a third party, while the Customer has not yet paid the full price to RLB, the Customer's claim against such third party in respect of the purchase price shall pass to RLB by operation of law, without prejudice to the Customer's obligation. The Customer shall notify such third party of this in writing.
Article 10 Complaints
10.1 Complaints relating to visible defects in the Products must be reported by the Customer to RLB by registered letter within 8 working days following the delivery, on pain of the lapse of the complaint, and in any event prior to any commissioning, processing or treatment.
10.2 Complaints relating to hidden defects in the Products must be notified by the Customer to RLB by registered letter within 8 working days of the day on which the Customer discovered or ought reasonably to have discovered the hidden defect, on pain of the lapse of the complaint.
10.3 Any legal action in respect of visible or hidden defects in the Products must be brought by the Customer, on pain of forfeiture of such legal action, within a period of 90 days following the notification thereof in accordance with this Article 9.
10.4 If the complaint is justified, RLB shall have the right, at its option, to (1) replace the defective or nonconforming Products, to (2) repair the defective or nonconforming Products, or to (3) rescind the contract with refund of the price, whereby the defective or nonconforming Products shall be taken back.
10.5 Return of Products by the Customer may only be made with the written consent of RLB, shall never imply any admission of liability and shall be at the expense and risk of the Customer.
10.6 Complaints and/or disputes, as well as any claims against RLB arising from them, shall not entitle the Customer to suspend the fulfilment of his obligations towards RLB or to proceed to set-off.
10.7 A complaint about a product, service or the service can also be submitted via a complaint form on the consumer page of the Becommerce website. www.Becommerce.be The complaint will then be sent both to the entrepreneur concerned and to Becommerce.
10.8 If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution procedure.
10.9 In addition to the internal complaints procedure of the webshop, you can always contact BeCommerce and the European ODR platform: http://ec.europa.eu/consumers/odr.
Article 11 Warranty
11.1 RLB grants to the Customer Consumer a warranty for hidden defects in the Products for two years and to the Customer Non-Consumer a warranty for hidden defects in the Products of one year. After the expiry of these periods, RLB shall no longer owe any indemnity for hidden defects in the Products.
11.2 During the periods referred to in Article 11.1, RLB's obligations shall extend, at RLB's option, to the delivery of new parts or the replacement of the Products. Working hours and travel costs shall always be borne by the Customer.
11.3 The guarantee referred to in Article 11.1 shall not apply in the event of improper installation, improper use and/or inadequate maintenance of the Products, in the event of modification or repair of the Products by the Customer and/or third parties or for damage with a cause other than a defect in the Products. Improper installation or use includes installation or use in violation of the relevant and applicable installation and/or user conditions.
Article 12 Liability
12.1 RLB shall only be liable for foreseeable damage that is the direct and immediate result of a shortcoming that can be attributed to it. RLB cannot be held liable for damage caused by the Customer or by third parties.
12.2 The total liability of RLB shall always be limited to the price of the Products supplied.
12.3. RLB cannot in any case be held liable for indirect damage, i.e. damage other than that to the goods delivered.
12.4 RLB may also not be held liable for damage to the Products as a result of circumstances as referred to in Article 11.3.
Article 13 Force Majeure
13.1 If a situation of force majeure renders the execution of the Purchase impossible for RLB, or more difficult, costly and/or time-consuming than anticipated at the time of the Purchase, RLB shall be entitled to suspend the execution of this Purchase for the duration of the force majeure situation. If this force majeure situation continues for more than 1 month, RLB shall be entitled to terminate the Purchase ipso jure, without prior notice and with immediate effect, without being liable to compensate the Customer for any damages. The Purchase Price will be refunded to the Customer.
13.2 Force majeure shall include: any act or omission of a third party or the Customer himself; non-delivery, untimely delivery or defective delivery of products or raw materials by one or more suppliers or carriers; electrical breakdown or cut-off; legislative or administrative measures by the authorities, including import and export bans; strikes and industrial action; technical problems relating to the Webshop, the website or the sales organisation of RLB in general; fire, flooding or accidents in the company of RLB.
Article 14 Suspension and Termination
14.1 RLB reserves the right at all times and without prior notice of default to suspend its obligations to the Customer if the Customer does not comply with its (payment) obligations, does not comply on time or does not comply in full, or if the solvency of the Customer is at risk. The Customer's solvency is irrefutably deemed to be at risk if one of the following circumstances arises: the circumstances referred to in Articles 11, 98, 332 and 633 of the Companies Code, National Insurance Office, etc. Venn., social security summons, WCO or bankruptcy petition. Notwithstanding existing agreements, RLB may in such case also elect to request payment prior to the delivery of products.
14.2 In the same circumstances as those set out in Clause 14.1, RLB may also elect to cancel the Purchase ipso jure, without prior notice of default and with immediate effect, without prejudice to RLB's right to full compensation for any loss it has suffered. Such damage shall be assessed at a flat rate of 30% of the agreed price (including taxes, duties and expenses), without prejudice to RLB's right to claim compensation for its actual loss.
Article 15 Intellectual property
15.1 RLB is the exclusive owner or lawful licensee of all intellectual property rights relating to the (content of the) Website and the Webshop. The Customer shall indemnify RLB for all damages resulting from any infringement by the Customer of these intellectual property rights.
Article 16 Privacy
16.1 By providing RLB with his/her personal data, the Customer expressly authorises RLB to process these personal data in the manner and for the purposes set out below.
16.2 The personal data communicated to RLB shall be processed and included in the RLB databases located at its registered office. These Personal Data are processed there by RLB, or by third parties acting on its behalf and controlled by it, for the purposes of product sales and customer management. Further information on the use of data can be found in our data protection statement.
16.3 The Customer who proves his identity has the right to receive, by means of a dated and signed request, free of charge and at the latest within 45 days of receipt of the request, the following information:
information on the nature of the personal data in RLB's possession, the purposes of the processing, of the categories of data concerned by this processing and of the categories of recipients to whom the data are provided;
provision in intelligible form of the personal data themselves that are processed, as well as any available information on the origin of those data
In addition, the Customer who proves his identity and makes a dated and signed request to RLB for this purpose has, free of charge
right to access and rectification of all Personal Data relating to him
right to object, free of charge, to the processing for direct marketing purposes of all Personal Data relating to him, insofar as the Customer had given RLB his consent to this at the time of Connection;
right to erasure or prohibition of use of all personal data relating to him which are incomplete or irrelevant in view of the purpose of processing, or the recording, communication or storage of which is prohibited, or which have been retained beyond the permitted period.
Finally, the Customer who proves his identity is entitled to apply, free of charge, to the Commission for the Protection of Privacy or to the President of the Court of First Instance of his place of residence.
Article 17 Remaining provisions
17.1 Except to the extent and to the extent contrary to mandatory law, in the event of a dispute between RLB and the Customer, the data automatically recorded by the software and hardware systems of RLB, as well as the paper printout of such data, shall apply as evidence to the contrary.
17.2 The relationship between RLB and the Customer is exclusively governed by Belgian law, with the exception of the Vienna Sales Convention.
17.3 Unless contrary to provisions of mandatory law, disputes between RLB and the Customer shall be exclusively handled by the Commercial Court of Antwerp, Tongeren Division.
17.4 If any provision of these general terms and conditions proves to be void and/or unenforceable, the other provisions shall nevertheless remain in full force and effect and the provision affected shall be applicable to the extent permitted by law.