General Terms and Conditions
1. Acceptance and application 1.1. Unless explicitly agreed otherwise in writing, all agreements, quotations, offers, orders, and all resulting deliveries and sales entered into by PROBIBEL BV, are governed by the following terms and conditions. 1.2. The registered office of PROBIBEL BV is located in 2018 Antwerp at Arthur Goemaerelei 3 and the company number is BE 0743.770.759. The general e-mail address is 1.3. These terms and conditions are accepted by the customer by the mere fact of negotiating or entering into an agreement with PROBIBEL BV. The client acknowledges having read these terms and conditions in all their written and printed provisions. He or she acknowledges that these terms and conditions constitute the integral text of the agreement concluded between the parties, and supersede and annul all previous oral or written proposals or agreements, as well as any other communication made between the parties to date. 1.4. The nullity of one or more clauses of these general terms and conditions does not affect the applicability of all other clauses. 1.5. Unless expressly agreed otherwise in writing, the following general terms and conditions take precedence over the general terms and conditions appearing on the documents of our co-contractor and the latter must be regarded as non-existent. If a PROBIBEL BV offer is accepted by the customer, a full and legally valid agreement is deemed to have been concluded. 2. Purchases, availability, product information and cancellation. 2.1 All orders can be placed on the website 2.2 PROBIBEL BV gives a complete and truthful description of the articles offered on its website. The images and videos shown are for illustrative purposes only. The description is based on information PROBIBEL BV received from the respective manufacturer or supplier. An incorrect description does not bind PROBIBEL BV and cannot lead to termination of the agreement or compensation. 2.3 If an ordered item is out of stock, PROBIBEL BV undertakes to notify the client by email within 5 days of receiving the order. 2.4 If an offer has a limited validity or is made subject to conditions, this will be explicitly mentioned in the offer. 2.5 The purchase agreement is deemed to have been concluded from the moment the order is definitively placed on the website. If the client does not receive a confirmation email within two days of placing the order, the client undertakes to contact PROBIBEL BV. 2.6 The order can be cancelled free of charge before shipment. To do so, the client must contact PROBIBEL BV by email at the email address . The payment will be reimbursed by PROBIBEL BV within 7 days. If the order has already been dispatched, it cannot be cancelled free of charge. 3. Prices and shipping costs. 3.1 All prices are shown in the currency of the articles and include VAT. 3.2 The customer is responsible for the shipping costs. The shipping costs are calculated on the total order and will be displayed at the time of payment. 3.3 If the client provides incorrect information, a new shipping cost will be charged. PROBIBEL BV reserves the right to unilaterally adjust prices on its website. 3.5 Prices communicated by PROBIBEL BV in the context of offers are always without obligation, unless explicitly stated that they are definitive. The final prices given in offers are only valid for a period of 15 days. All prices are exclusive of VAT. 4. Payment 4.1 Immediately after placing the order online, the customer shall make a payment via the secure system ‘Paypal’. Information concerning the ‘Paypal’ payment system can be found on the website. In addition, the customer may also pay by Stripe, Maestro, Sofort, Ideal and Bancontact. 4.2 The client can pay by means of Mastercard, Visa and other credit cards. 4.3 PROBIBEL BV reserves the right to suspend its services and to unilaterally terminate the agreement in the event of non-payment, and can under no circumstances be held liable for any damages whatsoever. 4.4 With regard to companies, invoices are payable within 8 days of the invoice date. If the invoice has not been paid on the due date, a contractual interest of 1% per month shall be payable, ipso jure and without any notice of default, with each started month counting for a full one. In the event of late payment, a fixed compensation of 15% of the outstanding invoice amount, with a minimum of EUR 50 and a maximum of EUR 2,500, shall also be payable by operation of law and without any notice of default. 5. Delivery 5.1 The customer must correctly fill in the address for delivery when placing the order and is solely responsible for this. Delivery shall be made to the aforementioned address within 3 working days following receipt of payment. This period is purely indicative and in no way binding for PROBIBEL BV. Delays in delivery do not in any way entitle the user to cancel an order or receive compensation. 5.2 PROBIBEL BV delivers its products exclusively to consumers in Belgium, the Netherlands, Luxembourg, England, France and Germany. 5.3 If the delivery is delayed, or in case an order cannot/only partially can be carried out, the client will be notified by e-mail within 10 working days after placing the order. 5.4 The risk of damage or loss of items rests with PROBIBEL BV until the goods are sent to the client. 6. Right of withdrawal 6.1 The consumer may withdraw the purchase of an item free of charge within a period of 14 days from the time of delivery, in accordance with Article VI.47 of the Economic Code. The withdrawal must be notified to PROBIBEL BV by e-mail at the e-mail address 6.2 The consumer must return the products, in their original condition and packaging, to the registered office of PROBIBEL BV within 14 days of the notification of withdrawal. The customer is responsible for the return costs. 6.3 The risk and burden of proof of the correct exercise of the right of withdrawal lies with the consumer. 6.4 PROBIBEL BV undertakes to reimburse the consumer within 7 working days of receiving the items in their original condition and packaging. 7. Complaints 7.1 Complaints regarding the delivery of articles/invoices must be sent by registered mail to the address of the registered office within 8 days of receipt of the articles/invoices. 8. Force majeure 8.1 In case of force majeure PROBIBEL BV is not obliged to fulfil its obligations towards the client, at least they are suspended for the duration of the force majeure. 8.2 Force majeure is understood to include (but is not limited to) all circumstances independent of its will, as a result of which it is prevented from fulfilling its obligations towards the client in whole or in part. 9. Protection of personal data 9.1 The information provided by the customer is necessary to process and complete the orders. If the correct data are missing, the order will be cancelled. 9.2 The personal data provided is stored in the computer system of PROBIBEL BV. It undertakes to use this data exclusively for the execution of the agreements. This data may also be used to inform the client about its marketing and activities. 9.3 The client may consult, correct or change his personal data by sending a signed and registered letter to PROBIBEL BV. Under no circumstances will this personal information be passed on to third parties. Property and intellectual property rights 10.1 All products, labels, videos, images, website pages, designs, studies, intellectual property rights, etc. remain the property of PROBIBEL BV at all times. Under no circumstances may they be used, communicated or copied, even partially, without the authorisation of PROBIBEL BV. 10.2 Transfer of ownership of delivered goods only takes place upon full payment of the principal sum as well as the interest, damages and costs due. The delivered goods thus remain, in deviation from article 1583 of the Civil Code, the exclusive property of PROBIBEL BV until the moment of full payment by the client. Until such time, the client is forbidden to pledge the goods, or to limit or nullify their free disposal through any kind of security, to the detriment of PROBIBEL BV. However, the client is obliged to insure the goods against all risks from the moment of delivery. 11. Permitted use and indemnification 11.1 The client must use the offered products with due diligence. The client may not use the products in any way to commit an offence or cause damage or nuisance to PROBIBEL BV or third parties. The client shall 11.1 The client must use the offered products with due diligence. The client may not in any way use the products to commit an offence or cause damage or nuisance to PROBIBEL BV or third parties. The client will take into account the specifications, the indications on the packaging of the products, the documentation and the instructions of PROBIBEL BV. Nor should the activities of the client give rise to any such considerations. 11.2 The client will indemnify PROBIBEL BV against all costs, claims, damages, expenses, procedural costs, etc… from third parties relating to the execution of this agreement and the authorised use of the products supplied by PROBIBEL BV. 12. Liability 12.1 Liability for indirect or consequential damage is excluded under all circumstances. PROBIBEL BV can thus in no way be held liable for the possible failure of its products. 12.2 The client is solely responsible for the proper and lawful use of the products, taking into account the specifications, the indications shown on the packaging of the products, the documentation and the instructions of PROBIBEL BV. 12.3 PROBIBEL BV will only be liable to the client for actual and proven damage resulting from the obligations contained in the agreements concluded with PROBIBEL BV, to the exclusion of any other implicit or non-written obligations. In any case, PROBIBEL BV’s liability will not exceed the total amount invoiced to and paid by the client for the purchase price. 12.4 The limitations in this article do not apply to intent and gross negligence on the part of PROBIBEL BV. 13. Miscellaneous 13.1 The client’s rights and obligations arising from the agreements concluded with PROBIBEL BV may not be transferred, either in part or in full, to third parties without the prior written consent of PROBIBEL BV. 13.2 If a provision in an agreement concluded with PROBIBEL BV or the application thereof becomes or is unenforceable for any party or circumstance, at any level, this will not affect the rest of the agreement. 14. Applicable law and exclusive competence 14.1 PROBIBEL BV can only be sued in the courts of the jurisdiction where its registered office is situated. Insofar as PROBIBEL BV acts as claimant, only the courts of the district of Antwerp are competent. 14.2 Only Belgian law is applicable.