GENERAL TERMS AND CONDITIONS OF SALE

1.1 The Company: the Company with the Business Name Aquaphor Benelux, operating under the name Awater, Company Number 0798.981.872 and legal form private limited company located at Kauwplasstraat 120, 3545 Halen, with email address: [email protected] and telephone number +32 471 407 313.

1.2 The Customer-Consumer: any customer - natural person who usually resides in Belgium and primarily acts with a private purpose in mind. The Company has a B2C relationship with this customer.

1.3 The Customer-Company: every customer - natural person who independently carries out a professional activity, every customer - legal entity, and every other customer - organisation without legal personality. The Company has a B2B relationship with this customer.

1.4 The Customer: every Customer-Consumer and Customer-Business.

1.5 Products: all goods available for purchase on the Website or via a quotation to customers.

1.6 The Agreement: the distance agreement concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement is governed by these general terms and conditions.

1.7 Website: the website of the Company: www.aquaphor-waterfilters.be

2.1 These general terms and conditions apply to all legal relationships (including quotes, offers, order forms, and agreements) between the Company and the Customer.

2.2 The acceptance of the offer (expressly or implicitly by payment) implies acceptance of these general terms and conditions.     

3.1 Provisions or conditions that deviate from these terms or that amend or supplement these terms shall only be binding on the Company if the Company expressly and in writing agrees to these provisions.

3.2 If the offer and acceptance refer to different general terms and conditions, the Agreement shall nevertheless come into effect. Both sets of general terms and conditions form part of the contract, except for the incompatible provisions, unless the company has expressly and in writing agreed to these incompatible provisions.

3.3 The invalidity of a provision or a part of a provision under the Agreement shall in no way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.

4.1 The Agreement is concluded as soon as the Customer has accepted the offer and the general terms and conditions.

4.2 The Agreement and the general terms and conditions shall remain in effect until all obligations have been fulfilled.

5.1 The applicable prices are those listed on the Website at the time of the order. The prices are determined per assignment and are expressed in euros and inclusive of VAT.

5.2 The prices stated on the Website or in the quotation are exclusive of delivery costs. The delivery costs are available to the Customer via (www.aquaphor-waterfiltres.be/service).

5.3 Before an order is definitively placed, the total price, including all costs and taxes, is displayed to the Customer on the relevant order page or in the quotation.

5.4 If a Product is incorrectly priced on the Website, the Company will contact the Customer in writing as soon as the Company becomes aware of the incorrect price. In such a case, the Customer has the option to continue purchasing the Products or to cancel the order. If the Company fails to contact the Customer using the contact details provided by the Customer during the ordering process, or if the Company does not receive a response from the Customer within a period of 7 days, the Company will treat the order as cancelled and will inform the Customer of this in writing.

5.5 In deviation from the standard online ordering procedure, the Customer must contact the Company for certain specific and/or unique products. In that case, the Company will prepare an individual quotation. Such a named quotation is valid for thirty (30) calendar days, unless a different period is specified in the quotation.

5.6 For the Customer-Consumer, the quotation states the price including VAT, as well as all additional costs such as delivery charges. For the Customer-Business, the quotation clearly states the price excluding VAT, as well as all additional costs such as delivery charges.

5.7 The acceptance of the quotation by the Customer must be done in writing within the validity period of the quotation. After acceptance of the quotation, the Customer will receive an order confirmation.

6.1 For online orders via the Website, the Company aims to dispatch the Products within 24 hours, with an estimated delivery time of 2-3 working days, unless otherwise stated for the specific Product. For other orders, a delivery time will apply as agreed with the Customer. In any case, delivery will take place within a period of thirty (30) days after full receipt of payment/order confirmation, unless otherwise agreed.

6.2 If the Company is unable to deliver the Products within the aforementioned period, the Company undertakes to inform the Customer of this in writing. The Customer will then provide the Company with a new, reasonable delivery period. If the Company exceeds this period again, the Customer has the right to cancel the order.

6.3 The Customer will receive a confirmation via email as soon as the order leaves the Company.

6.4 The Company will deliver the order to the address provided by the Customer to the Company during the purchasing process.

6.5 If there is no one available at the Customer's address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.

6.6 The Company reserves the right to make partial deliveries of the ordered Products, including but not limited to situations where a part of the order is delayed or unavailable. In the event of a partial delivery, the Company will inform the Customer in writing.

6.7 Upon delivery/collection, the Customer must check the packaging for any damage. If the Products are damaged, the Customer must not accept the delivery and must immediately inform the Company in writing. After notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products.

7.1 The Customer-Consumer has a legal right to withdraw from the Agreement within the period specified in article 7.2. This means that the Customer-Consumer can decide not to keep the Products during the relevant period. The Customer-Consumer must inform the Company in accordance with article 7.4 of their decision to withdraw from the Agreement and to receive a refund. The Customer is not required to provide a reason for the withdrawal..

7.2 The Customer-Consumer has fourteen (14) days to withdraw from the Agreement. The starting point of the period for exercising the right of withdrawal may vary. The following rules apply:

a.      If the delivery is a single Product, the period begins to run the day after the Product is received by the Customer.

b.      If the delivery concerns multiple Products that are delivered on separate days, the period begins to run the day after the Customer has received the last ordered Product.

c.      If the delivery relates to a Product over a certain period, the term shall commence on the day following the day on which the Customer has received the first delivery of the Products

If the Company has not provided the Customer with the legally required information regarding the Customer's right of withdrawal, the Customer will have twelve (12) months to withdraw from the Agreement from the day after the end of the aforementioned initial period of fourteen (14) days. If the Company has provided the Customer with the legally required information regarding the Customer's right of withdrawal within the aforementioned period of twelve (12) months, the Customer has fourteen (14) days to withdraw from the Agreement from the day after the Customer has received the information from the Company.

7.3 Upon withdrawal, the Customer-Consumer must return the Products in a condition that allows for an assessment of the nature, characteristics, and functioning of the product. This means that the Customer-Consumer may inspect and test the Products as they would in a physical store, but must not proceed to actual use or installation of the Products. The Customer-Consumer is liable for any depreciation resulting from use that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Products.

The Customer cannot exercise the right of withdrawal in relation to:

a the service agreements after the service has been fully performed, provided that the performance has begun with the express prior consent of the Customer and with the acknowledgment that he will lose his right of withdrawal once the Agreement has been fully executed by the Company;

b.      the delivery of goods according to the specifications of the Customer or the delivery of goods that are clearly intended for a specific person;

c.      the delivery of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed after delivery;

d.      the delivery of goods that, after delivery, by their nature, have been irrevocably mixed with other Products;

e. the agreements whereby the Customer has specifically requested the Company to visit him with a view to carrying out urgent repairs or maintenance. When the Company has provided additional services during such a visit that the Customer did not explicitly request, or has supplied other goods than replacement parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal applies to those additional services or goods;

f.       the delivery of digital content not supplied on a tangible medium where the performance has begun with the prior express consent of the Customer and his acknowledgment that he thereby loses his right of withdrawal.

7.4 If the Customer decides to withdraw from the Agreement, the Customer must inform the Company by completing the model form in Annex 1 to these general terms and conditions or by sending an email to [email protected], in which it is clearly stated that they wish to withdraw from the Agreement.

7.5 The Customer must return the Products to the Company without unnecessary delay and in any case no later than fourteen (14) days after sending the notice of withdrawal to the Company. The Customer may choose to receive a return label from the Company via email or arrange a suitable return shipment themselves. If the Customer uses the return label from the Company, it must be correctly affixed to the packaging of the Products being returned.

 7.6 Alle kosten voor het retourneren van de Producten zijn voor rekening van de Klant, ongeacht of het retourlabel van de Onderneming wordt gebruikt of de Klant zelf een verzendmethode kiest.

7.7 In the event of withdrawal:

a.      The Company will refund the amounts already paid by the Customer for the Products upon receipt of the Products. However, the Company may reduce the refund to account for any depreciation of the Products, if this was caused by the Customer handling them in a manner that would not be permitted in a shop.

b.      the Company will carry out all refunds within a reasonable period after receipt of the Products.

c.      the Company will refund the Customer on the credit card or debit card that the Customer used to make the payment.

d.      the Company has the right to refund the Customer with vouchers if the Customer has used vouchers to pay for the Products.

7.8 The Customer-Company does not have a right of withdrawal.

8.1 The Company is not liable or responsible for the non-performance or delay in the performance of its obligations under the Agreement if this is due to force majeure. The Customer cannot claim compensation for non-performance in the event of force majeure.

8.2 Force majeure is understood to mean: any event that occurs outside of any identifiable human action, such as but not limited to illness, a death, and extreme and unforeseen weather conditions or natural phenomena.

8.3 In the event of a situation of temporary force majeure, the Company will inform the Customer and the obligations of the Company under the Agreement will be suspended, and the time frame for the performance of the obligations will be extended for the duration of the force majeure situation. When the force majeure situation affects the delivery of the Products, the Company will arrange a new delivery date with the Customer once the force majeure situation has passed.

8.4 In the event of a situation of permanent force majeure, the Company will inform the Customer of this. In such a case, the Company is released from its obligations..

8.5 The Customer must ensure that the services and/or goods can be delivered and installed by the Company in a normal manner at the agreed location and at the agreed time. The Customer must, among other things, ensure the accessibility of the delivery location. If this is not fulfilled, the Customer is obliged to compensate for all damages arising from this, including waiting hours, storage costs, costs for the preservation of the goods, any additional transport costs, and call-out charges.

8.6 The Company enters into a commitment to make efforts and is not obliged towards the Client-Company to provide any compensation for damages that may directly or indirectly result from the services provided or goods sold by it or its assistants, except in cases of intent. The Company is in no way liable to a Client-Company for a serious fault of itself or its assistants. The Company is not obliged towards the Client-Consumer to provide any compensation for damages that may directly or indirectly result from the services provided or goods sold by it or its assistants, except in cases of intent or serious fault.

8.7 Under no circumstances can the Company be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of return, or any other losses or consequential damage, both to the Customer and to third parties.

8.8 Notwithstanding the rights and remedies granted to the Customer by applicable law or these general terms and conditions, the liability of the Company for direct damage shall be limited to the value of the ordered Products.

8.9 The recovery of damages caused by the non-fulfilment of a contractual obligation shall, within the legal limits, be exclusively governed by the rules of contract law, even when the event that is the source of the damage also constitutes a tort.

9.1 Goods remain the property of the Company until full payment of the principal, costs, and interest.

9.2 If goods are delivered by the Company, the risk passes at the moment of delivery.

9.3 If goods are to be collected by the Customer, the risk passes at the moment of sale.

[1] A customer-Consumer must explicitly agree to this provision.

10.1 The Customer must inspect the delivered goods and services immediately.

10.2 Each invoice is deemed accepted unless protest is made by registered letter within 14 days. 

10.3 The Customer-Consumer has the right to a statutory warranty of two years. The statutory warranty covers any defect or lack of conformity of the Products that manifests within a period of two years from the date of delivery of the Products.

10.4 The Customer-Consumer must inform the Company by email or by registered letter about the defective Products within a reasonable period after the defect has become known or could reasonably have been known by the Customer.

10.5 If a defect occurs within the statutory warranty period of two years, the Customer must follow the procedure as specified in Article 8. After the return of the defective Product, the Company, at the discretion of the Customer-Consumer, will send the Customer-Consumer a new Product or repair the Product and will bear all costs related to the exchange/repair of the Products. The Product can only be replaced and delivered to the extent that it is still available/in stock with the Company's suppliers. If repair or replacement is not possible or cannot be carried out within a reasonable time, the Customer-Consumer has the right to terminate the Agreement and the Company will refund the price in accordance with Article 7.7.

10.6 For details regarding the applicable terms of Products with a manufacturer's warranty, the Customer should consult the warranty conditions provided by the manufacturer with the Products. For a Customer-Consumer, there is a statutory warranty period of two years, which may be supplemented by a manufacturer's warranty, depending on the terms of the relevant manufacturer. The manufacturer's warranty does not affect the statutory rights of the Customer-Consumer.

10.7 Any defects must be reported by the Customer-Company as soon as possible and no later than 7 calendar days after delivery by means of a registered letter to the Company. After this period, the Company is only liable to the Customer-Company for hidden defects that render the goods unsuitable for the purpose for which they are intended, provided that the goods have not been processed in the meantime and provided that the Company was aware of or should have been aware of the defects. In this case, the Customer must notify the Company no later than 7 calendar days after becoming aware of the hidden defect by means of a registered letter with a detailed description of the defect. Complaints regarding hidden defects do not suspend the Customer's payment obligation.

10.8 If the Customer has complaints, they can contact the Company via the email address [email protected] or at the address www.aquaphor-waterfilters.be/claims. 

11.1 The Customer can pay for the order at the time of placement using the payment methods available through the Mollie payment provider, including iDEAL, Bancontact, credit card, Apple Pay, and Google Pay. Additionally, payment is possible via a bank transfer to account number BE83 7340 6716 3415 (BIC KREDBEBB).

11.2 If the Customer pays by bank transfer, the Company will begin processing the order from the moment of receipt of the full payment, unless expressly agreed otherwise.

11.3 If the Company has exceptionally and expressly permitted deviating payment terms whereby delivery/shipping takes place before receipt of full payment, the Customer must make the payment within the agreed timeframe as stated on the invoice. In the event of non-compliance with this payment deadline, the provisions of Article 12 regarding compensation and late payment interest shall apply.

11.4 If the Company does not receive full payment within 30 days of receiving the order, the Company has the right to cancel the order.

12.1 Bij niet-betaling van (een gedeelte van) de factuur door een Klant-Onderneming zal een verhoging van het factuurbedrag aangerekend worden met een nalatigheidsinterest conform de Wet van 2 augustus 2002 betreffende de betalingsachterstand bij handelstransacties en een forfaitaire schadevergoeding van tien procent (10%) met een minimum van 50 euro. 

12.2 n the event of non-payment of (a portion of) the invoice by a Consumer Customer, the invoice amount will be increased with a late payment interest in accordance with Article XIX.4, 1° of the Code of Economic Law and a fixed compensation with a minimum of twenty (20) euros in accordance with Article XIX.4, 2° of the Code of Economic Law.  

12.3 These interests and this penalty clause are legally due and payable without prior notice from the due date of the invoice concerning a Business Customer. If the Business Customer fails to pay the invoice within the stipulated payment term, a collection procedure will be initiated. If the reminder is sent by a bailiff, the tariff for civil and commercial matters as set by the Royal Decree of 30.11.1976 will apply. This tariff will be used for any amicable phase, including but not limited to: reminders, information requests, file fees, discharge and collection fees, and for any judicial phase. All costs incurred as a result will be borne by the Business Customer. 

12.4 These interests and this penalty clause are payable by the Consumer Customer from the fifteenth day after the sending of a first reminder, which will be free of charge. Any collection and enforcement costs incurred after this first reminder will be borne by the defaulting Consumer Customer. 

12.5 Any non-payment results in the immediate demandability of the outstanding invoices and gives the Company the right, after formal notice, either to suspend any future deliveries or to terminate the agreement, without prejudice to the right to compensation.

[2] A customer-Consumer must explicitly agree to this provision.

13.1 These terms and conditions are subject to Belgian law.

13.2Any dispute regarding the application of these terms and conditions and the performance of the service shall fall under the exclusive territorial jurisdiction of the courts of the city of Halen, without prejudice to the rules set out in Article 624 of the Judicial Code.

14.1 The Company retains the following personal data: surname and first name, address, telephone number, and email. These data are recorded in the data register and accounting records and will be deleted after ten years.  

14.2 The aforementioned data (14.1) are considered confidential. They are stored and processed solely in the context of the relationship between the Customer and the Company. The data may be shared with partners assisting in transaction processing with the Customer and partners involved in legal obligations.  

14.3 The aforementioned data (14.1) will not be sold or transferred to third parties without the prior consent of the Customer.   

14.4 The Customer may access the personal data held by the Company at any time. The Customer may request modifications or deletions of this data, provided that such changes comply with legal data retention obligations.  

14.5 The Company uses the Customer's personal data exclusively in accordance with the Privacy Policy available on the Website.