THE GENERAL TERMS AND CONDITIONS OF SALE OF GELLYBALL EUROPE BV (GEBV)
The general terms and conditions of sale apply exclusively to all deliveries of goods and services of the company GEBV, both for online and other orders. The customer’s general terms and conditions do not apply, unless the company has expressly accepted them. Agreements and promises (whether or not deviating from these terms and conditions of sale) by representatives or employees of GEBV only bind the company as soon as the latter has expressly confirmed them in writing. This also applies in the event of the request for a written termination of the contract. Because our offer is exclusively intended for entrepreneurs, no contractual or statutory right of withdrawal is expressly granted and we do not offer the possibility to return received items, as private customers would have under the Belgian law ‘Distance selling’.
In so far as it has not been expressly agreed, the delivery times indicated in the order confirmations are delivery times indicative.
GEBV adheres as much as possible to the agreed delivery times. If the delivery period is exceeded, the customer has the right to set a deadline of at least six weeks himself. If GEBV does not deliver within that set period, the customer can cancel the purchase in writing. Force majeure, however arising, releases G EBV from any obligation to deliver. The company GEBV then immediately informs the customer of the unavailability and the company immediately returns the payments already made to the customer. If the recipient is not present at the first delivery attempt, the additional costs incurred for a second and subsequent delivery attempt or storage costs will always be for his or her account. If delivery carriage paid to the customer has been agreed, the recipient is obliged to unload the product. GEBV is therefore not obliged to unload the product it has sent or to make the necessary tools available for unloading.
GEBV may make partial deliveries when this is reasonable for the customer. The additional costs incurred by the execution of partial deliveries are for the account of GEBV. In case of changes after shipment (e.g. change of delivery address, booking of extra services), the transport company will currently charge € 15 net extra. If something is changed after the shipment at the request of the customer, the customer must pay the additional costs himself.
3.Transfer of risk
The risk is transferred to the customer as soon as the goods are transferred to the transport company and have left the warehouse. This also applies if GEBV has assumed the transport costs. The customer must report any transport damage directly to the transport company within the stipulated period. For each shipment from the customer to GEBV, the customer bears any risk, in particular the transport risk, until the moment of arrival of the goods at GEBV.
Bills of the company GEBV are immediate and without discounts to be paid. Any expenses in this respect shall be borne by the customer. A possible set-off by the customer is only possible in the event of the existence of predetermined written, indisputable and legally valid claims. The customer can only exercise his right of retention insofar as this is based on an identical contractual relationship.
GEBV has the right to transfer its claims from deliveries and services for financing purposes. In the event of overdue payment, all other claims must be paid immediately, without a separate overdue payment.
All complaints about the nature and content of the delivery, about damage and in the event of incorrect shipments must, insofar as they can be determined, be reported in writing to GEBV immediately or at the latest within the week . In order to comply with this period, the timely dispatch of the complaint is sufficient. After the expiry of the period, any product liability for visible defects is excluded. The quality guarantee for new products by GEBV is 1 month from delivery. For second-hand and used products, THE COMPANY GEBV does not give a guarantee. These restrictions do not apply if the imperfection has been obscurely concealed. In the event of well-founded complaints, GEBV will deliver the missing quantities and otherwise repair or deliver new the goods. The quality guarantee for defects in tools is limited to repair. If the aftercare/delivery is not forthcoming, the customer is entitled to a discount or can terminate the contract.
6.Liability In the event of negligence,
GEBV’s liability is limited to the nature of the goods, the foreseeable and the normal damages of the contract. This also applies to its staff. The previous limitations of liability do not apply to the customer’s requirements based on product liability. The above restrictions also do not apply in the event of damage to the life, body or health of the customer attributable to GEBV.
7.Retention of title
The purchased products remain the property of GEBV until the buyer has fully fulfilled all agreed obligations. The retention of title of the delivered products remains even if additional agreements have been concluded with GEBV. This may be the case, for example, with repairs, as well as other services. During the term of this retention of title, the buyer has the right to own and use the products, as long as he fulfils his obligations under the sales agreement and all his other obligations arising from the business relationship with GEBV within the stipulated period. The customer is obliged to provide GEBV with the necessary information within the limits of the legal proceedings under the agreed sales agreement. As long as the ownership of the goods has not been transferred to the buyer, he may not pledge the goods, or grant any other right to third parties, except within the normal course of his business.
GEBV has the right, within the limits of the commercial relationship, to request, store and process the required personal data of its customers.
If provisions of these general terms and conditions of sale or any future provision contained therein are declared invalid or void, in whole or in part, or lose their legal validity or enforceability later, this will not affect the validity of the remaining provisions of this contract.
All disputes that arise between seller and buyer will be subject to the exclusive jurisdiction of the courts of the registered office of Gellyball Europe BV (GEBV). However, GEBV has the right to complain to the competent court of the partner. These general terms and conditions of sale are governed by the law of Belgian law. The provisions of the UN Sales Convention do not apply.
11.In so far as these general terms and conditions are also drawn up in a language other than Dutch , the Dutch text is always decisive in the event of disputes.