In the present General
Conditions the undermentioned terms have the following meaning:
B.V.B.A.,Kasteelstraat 77A , 9140 Temse, KBO 0637.948.412,e-mail
acting under the trade name “VANDEMAAS B.V.B.A.”, hereunder
any natural person or
legal entity maintaining or entering into any kind of
contractual relationship with VANDEMAAS.
c)'Consumer Buyer' :
any natural person or
legal entity acquiring or using exclusively for non-professional
purposes any of the products or services placed on the market.
the object of one or
The present General
Conditions apply to any offers from VANDEMAAS as well as any
contracts entered into with VANDEMAAS.
If explicitly stated,
additional conditions other than the present General Conditions
may apply to certain services and/or products. In case of
differences between the Additional Conditions and these General
Conditions the provisions of the Additional Conditions always
take precedence over the General Conditions, unless stated
Any deviation from one
or more provisions in the present General Conditions is only
allowed after explicit mutual agreement in writing. In this case
the other provisions of these conditions will remain in force to
their full extent.
maintained by the Buyer are only applicable after explicit
written agreement by VANDEMAAS.
VANDEMAAS reserves the
right to modify and/or amend the General Conditions at any time
for future orders.
By using the website of
VANDEMAAS and/or by placing an order the Buyer agrees with the
present General Conditions as well as with any rights and
obligations as stated on the website.
VANDEMAAS is entitled to
draw upon a third party for the execution of a contract with the
II. OFFERS AND
CONCLUSION OF CONTRACTS
Offers are valid
while stocks last. Should stocks prove insufficient and delivery
within thirty days should be impossible the sales contract will
be considered as never having been concluded.
Any offer made up by
name is valid for two (2) weeks unless otherwise
specified in the offer.
becomes binding following handing over of an order confirmation
to the Buyer or in case of an offer submitted via the website
following sending of a confirmation e-mail to the address stated
by the Buyer.
The Buyer and
VANDEMAAS explicitly agree that a valid contract can be
concluded by using electronic means of communication. In
particular, any lack of a normal signature or a certified
electronic signature does not compromise the binding nature of
the offer and the acceptance thereof. The electronic files of
VANDEMAAS will hereby serve as an assumption of proof as far as
allowed by law.
pictures, oral communications, statements etc. given via phone
or e-mail with regard to any quotes and key characteristics of
the products will be made as precisely as possible.
All prices are
expressed in Euro’s and are exclusive VAT and any other taxes,
fees and costs, including delivery costs .
Special offers are
only valid while stocks last.
The Buyer owes the
price stated by VANDEMAAS in her confirmation according to
article 2.3 of the present General Conditions. Subject to
errors, this price will already be stated for information at the
end of the “check-out process’. Any obvious (manipulation)
errors in the price statement such as obvious incorrectness may
be corrected by VANDEMAAS even after conclusion of contract.
The Buyer will be
clearly informed should delivery costs accrue. Regarding certain
payment methods more specific conditions concerning the delivery
method to the Buyer and the additional costs may apply. The
Buyer will be clearly informed of these special conditions.
Orders made via the
Website can be paid by credit card or bank transfer onto the
bank account of VANDEMAAS.
VANDEMAAS may extend
the payment options in the future. When other means of payment
will become available a corresponding announcement will be
placed on the website.
If a payment deadline
has been agreed with VANDEMAAS, the Buyer will be considered to
be in default as soon as this deadline has expired. Payment
terms may only be agreed in writing under conditions also to be
agreed at that time.
If payment by credit
card is chosen, the conditions of the issuer of the credit card
will apply. VANDEMAAS is no party in the relationship between
the Buyer and the credit card issuer.
In case of
non-payment or untimely payment by the Buyer the Buyer owes
interests on the open amount at the legal interest rate of + 2 %
starting on the ultimate due date until receipt of full payment.
Also at the expense
of the Buyer are any costs (inside or outside court) incurred by
VANDEMAAS due to the Buyer’s non-fulfilment of his (payment)
In case of untimely
payment VANDEMAAS has the right, effective immediately, to
terminate the contract or to suspend (further) delivery until
such time the Buyer has entirely fulfilled his payment
obligations including payment of any interests and costs owed.
V. DELIVERY AND
Orders will be
delivered as soon as possible. VANDEMAAS always aims for
delivering orders within fourteen (14) days after order date.
Unless stated otherwise the ultimate delivery date is thirty
(30) days upon receipt of order, except in case of payment by
bank transfer, when the ultimate delivery date is 30 days upon
receipt of payment. Except for a Consumer Buyer the stated
delivery date serves only as an indication and therefore no
rights may be derived from it.
Deliveries will be
made to the address as indicated by the Buyer during conclusion
As soon as the
ordered products have been delivered to the stated delivery
address the entire risk for these products passes onto the
The Buyer is obliged
to accept the goods within the agreed time, in default of which
VANDEMAAS has the right to either request payment of the
purchase price of the unaccepted part of the order or to
consider the contract as terminated without judicial
intervention (against return payment to the Buyer of any
advances that may already have been paid for the product in
VI. DEFAULTS AND
The Buyer is obliged
to carefully inspect the products immediately upon receipt.
Complaints of the Buyer regarding defaults of the product or
delivery which are discernible on the outside will have to be
reported to VANDEMAAS in writing no later than seven (7) days
after delivery (or within seven (7) days after date of invoice
in case delivery of the products to the Buyer was not possible).
The Buyer, not being
a Consumer Buyer, does not have the right to return products
without a justifiable reason. Should this happen anyway without
valid reason any costs in connection with the return delivery
are at the expense of the Buyer. Under these circumstances
VANDEMAAS has the right to store the products for account and at
the risk of Buyer with a third party and upon request and for
account of Buyer return the products to Buyer.
VII. RIGHT OF
WITHDRAWAL AND REPLACEment
In accordance with
the provisions of the Belgian law dated April 6th 2010 the
Consumer Buyer may exercise his right of withdrawal within
fourteen (14) work days after delivery of the product without
penalties and without providing any reason.
The right of withdrawal becomes invalid if the product or the
packaging is no longer in its original, complete, undamaged and
unused state. All supplied documentation, proof of warranty and
packaging materials will have to be returned together with the
product. The return delivery will have to take place via the
same way as delivery and to the address of Vandemaas,
Kasteelstraat 77A, B-9140 Temse, Belgium. If the Consumer Buyer
should exercise his withdrawal right he is obliged to inform
VANDEMAAS of his intention within fourteen (14) work days after
receipt of the product. The product will then have to be
returned to VANDEMAAS in the same state as it was received by
the Consumer Buyer and stating his bank account number. The
costs for return delivery are for account of the Consumer Buyer.
If the Consumer Buyer
has exercised his withdrawal right as mentioned above, VANDEMAAS
will ensure refund of the payment made by Consumer Buyer within
thirty (30) days via bank transfer to the account number as
received by VANDEMAAS from the Consumer Buyer.
VANDEMAAS can never
be held liable for any damages, including theft or loss,
occurring during return of the product.
According to article
47 §4,2° of the above mentioned law dated April 6th 2010 the
Consumer Buyer may not exercise a withdrawal right for contracts
regarding delivery of products manufactured according to
specifications of Consumer Buyer or which have a clearly
personal character or which as per their nature cannot be
returned or might deteriorate or age.
If the product is not
received in accordance with the conditions of the withdrawal
right the purchase price will not be refunded. The product
remains the property of Buyer who will be obliged to collect it
within two weeks. Upon Buyer’s request the product can also be
delivered back to him.
VIII. TITLE RETENTION
delivery the title to a product will only pass onto the Buyer
after full payment of the amount owed by him for this product,
including payment of any interests and costs.
The Buyer may not
debit, sell, forward, alienate or in any way burden the products
until the title has passed onto him.
IX. WARRANTY AND
If the delivered
products do not comply with the provisions of the contract the
Buyer has to inform VANDEMAAS within two months after such
discovery is made. Consumer Buyers have the rights as stated in
articles 1649bis to 1649octies of Civil Law.
In case of a
justified complaint the Buyer may choose to either return the
delivered goods or to have them exchanged against a new specimen
of the same product.
If for whatever
reason VANDEMAAS should be obliged to pay damages to a Buyer who
is not a Consumer Buyer such compensation may never exceed the
invoice amount of the product or service which caused the
Irrespective of the
provisions in this article, no warranty applies in the following
- the deterioration can
be considered normal
including repairs, have been carried out on the product without
previous consent of VANDEMAAS
- the original invoice
cannot be presented, has been changed or has been made illegible
- the defaults are due
to inappropriate or incompetent use of the product
- the damages were
caused intentionally, through negligence or careless maintenance
The Buyer who is not
a Consumer Buyer has to hold VANDEMAAS harmless against any
claims from third parties concerning the execution of the
contract (e.g. consecutive damages) to the extent permitted by
law that the damages and costs in question will be for account
of the Buyer.
It is possible that
on her website VANDEMAAS will install links to other websites
which may be interesting or informative for the visitor. Any
such links serve only for information purposes. VANDEMAAS will
not be responsible for the contents or use of the website to
which the link refers.
If in order to
establish a defect of the product or a part thereof which is
excluded from warranty costs are incurred and such costs seem to
be excluded from warranty according to article 9.3, then these
costs will always be at the expense of the Buyer. VANDEMAAS will
make appropriate efforts to inform Buyer beforehand of such
costs. However, even in case of absence of such information the
Buyer will always be obliged to pay these costs.
If costs are incurred
for repair of a defect and this repair seems to be excluded from
warranty according to article 9.3, then the Buyer will be
informed of this. If the Buyer does not explicitly confirm in
writing that he agrees with the stated costs then his property
can be returned to him against payment of the investigation
costs. If the Buyer does not pay these investigation costs
within six (6) months after providing the cost estimate the
title to the product passes onto VANDEMAAS.
In any case VANDEMAAS
is only liable for gross and/or intentional defaults,
irrespective of liability according to the law on product
liability. The same applies to liability of employees of
X. FORCE MAJEURe
In case of Force
Majeure VANDEMAAS is not obliged to fulfil her obligations
towards the other party. VANDEMAAS has the right to postpone her
obligations for the duration of the state of force majeure.
Force Majeure means
any circumstance beyond her will by which fulfilment of her
obligations towards the other parte will be entirely or partly
be prevented. These circumstances include but are not restricted
to: strikes, fire, operational disturbances, energy disruptions,
disruptions of a (telecommunication) network or connection or
used communication systems and/or the unavailability of the
website, non- or untimely delivery by
suppliers or other third parties involved and missing
authorization to be obtained from any authority.
The Buyer explicitly
acknowledges that all intellectual property titles of presented
information, communications or other statements concerning the
products and/or the website will at all times remain with
VANDEMAAS, her suppliers or other rightful owners.
title includes any rights to patents, trademarks, drawings and
models as well as copyrights and/or other (intellectual
property) titles, including technical and/or commercial
know-how, methods and concepts, whether patentable or not.
The Buyer is not
allowed to use and/or modify the intellectual property titles as
described in this article, for example by reproducing entirely
or partially either the website or the offered products without
prior explicit consent in writing by VANDEMAAS, her suppliers or
other rightful owners, unless it concerns a non-commercial and
merely private use of the product itself. However, this
permitted use may not in any way violate the property rights,
and the origin of the reproduction must clearly be stated. No
violation whatsoever of the VANDEMAAS will, however, be
permitted and will be prosecuted by all legal means available,
even according to criminal law.
XII. PERSONAl DATE
AND USE OF THE WEBSITE
process Buyer’s data according to her privacy statement.
VANDEMAAS will hereby observe all applicable laws and
VANDEMAAS will ensure
privacy of the private data:
Any visit to our
homepage and any access of data saved on the website will be
logged for system and statistical purposes. This log includes:
name of accessed data, date and time of access, transferred
data, announcement of a successful access, web browser used and
name of accessing domain. IP addresses of the caller are logged
Any other personal data
will only be stored if these are provided voluntarily during an
enquiry or a registration.
The Buyer may always
request access to his personal data in writing via normal mail
to the above addresses and may ask to have his data either
corrected or removed.
On her website,
VANDEMAAS uses Google Analytics, a web analysis service by
Google Inc. For that purpose cookies are used.
3. The use of the
VANDEMAAS website is at one’s own risk. VANDEMAAS will not be
responsible should information on the website prove to be
incomplete or incorrect. Neither does VANDEMAAS guarantee that
the material provided on the website is complete and up-to-date
and that a visit to the website will be without problems,
disruptions or faults. VANDEMAAS always reserves the right to
limit or terminate the website partially or entirely.
information or data sent via e-mail or in any other way to the
website, such as questions, comments etc. are considered to be
non-confidential and will therefore not be protected or treated
as confidential. Any information communicated or transferred
becomes property of VANDEMAAS.
VANDEMAAS will not take
any responsibility regarding web links to other websites or for
the contents, correctness or functioning of these third party
Neither VANDEMAAS nor
any other party involved in setting up this website will be
liable for damages and/or costs caused by the visit, use,
impossibility of use or modifications of this website or any
other website to be reached via a link on this website.
The user and/or visitor
of this website is forbidden to publish or post any illegal,
threatening, offending, obscene, scandalous, pornographic or
other disrespectful materials or materials of a similar nature
on this website. It is also forbidden to doubt or damage the
good name of VANDEMAAS or her employees. In cases such as
described in this article VANDEMAAS reserves all rights,
including claiming of damages and take legal actions against the
XIII. APPLICABLE LAW
AND COMPETENT COURTS OF LAW
All offers and
contracts are exclusively ruled by Belgian law, excluding the
principles of legal conflicts in space.
The applicability of
the Viennese Purchase Contract is explicitly excluded.
concerning or arising from offers of VANDEMAAS or contracts
concluded with her will be brought before a competent judge in
If any of the
provisions of these General Conditions should be illegal, void
or not enforceable, then this provision will be considered as
being separated from these General Conditions and will not
influence the validity or enforceability of the other
provisions. These General Conditions represent the complete
agreement between the Buyer and VANDEMAAS concerning the matter
The Buyer may not
transfer his rights and/or obligation to third parties without
explicit agreement by VANDEMAAS.