GENERAL TERMS AND CONDITIONS OF SALE
FJA-OEYEN MOL NV
Asstraat 2, 2400 Mol, Belgium
E: info@fja-oeyen.be
Tel.: +32 (0)14 31 13 92
Company number: 0444.678.682
BTW-nummer: BE 0444.678.682
RPR Turnhout
Terms and conditions applicable to all deliveries of goods and services
Application
2. Unless expressly agreed otherwise, these conditions apply exclusively, thus with the full and explicit exclusion of the general conditions of the Customer. The general conditions form an integral part of the contracts and can only be deviated from with written agreement.
3. As soon as the Customer states that one or more provisions of these general terms and conditions are not applicable because they conflict with the general terms and conditions of the Customer, FJA-OEYEN may consider the agreement as dissolved and both parties are obliged to make mutual restitution.
Offers, quotations and conclusion of agreements
4. Obvious mistakes or errors in the offer do not bind FJA-OEYEN. FJA-OEYEN is only bound to a means obligation with regard to the correctness and completeness of the offer on its website, in catalogues, brochures or via other media. FJA-OEYEN is not bound to implement material, obvious mistakes, such as typographical errors or printing errors.
5. The prices stated relate exclusively to the goods or services as described verbatim or with article number. Associated photos, unless otherwise stated, are decorative and may contain elements that are not included in the price or deviate from the offer.
6. Quotations issued by FJA-OEYEN are without obligation and remain valid for 30 calendar days. FJA-OEYEN has the right to revoke quotations issued insofar as they have not yet been accepted by the Customer.
7. An agreement between FJA-OEYEN and the Customer will only be concluded when the Customer has confirmed his agreement with FJA-OEYEN's offer in writing or via the online sales process on the website, or when FJA-OEYEN has confirmed an order from the Customer in writing.
8. An offer with a delivery date is always subject to the availability of the necessary stock at FJA-OEYEN at the time the agreement is concluded.
9. If the Customer makes reservations, has special requests or makes changes to the acceptance of the offer or quotation, the agreement will only be concluded after FJA-OEYEN has informed the Customer in writing that it agrees to the reservations or changes.
10. Each agreement is concluded under the suspensive condition of a favourable investigation of the creditworthiness of the Customer. If a lack of creditworthiness is established, FJA-OEYEN has a period of 14 days after the conclusion of the agreement to notify the Customer by registered letter that the creditworthiness condition has not been met. In that case, the Customer can only (to the exclusion of other means of recourse) enforce further performance of the agreement by providing additional security to cover the agreed price or by prepayment to FJA-OEYEN of the total agreed price within 30 days after notification of a lack of creditworthiness. In the latter case, the delivery period will be suspended until the date of receipt of payment or the provision of security.
11. If multiple parties enter into an agreement with FJA-OEYEN as Customer, they are jointly and severally liable for all obligations arising from the agreement with FJA-OEYEN.
Right of withdrawal for off-premises or distance contracts
12. If the Customer places an order for professional use or purposes, he never has a right of withdrawal.
13. A consumer within the meaning of Book VI of the Code of Economic Law has a right of withdrawal for a period of 14 days after delivery if a “distance contract” was concluded or a contract “outside the fixed sales premises”, as defined for the application of Book VI of the Code of Economic Law.
14. The revocation must be exercised by an unambiguous written statement from the Customer, for which purpose the form or notification of returns that FJA-OEYEN makes available on its website can be used.
15. If the Customer exercises his right of withdrawal, he must bear the direct costs of return to FJA-OEYEN.
16. The right of withdrawal cannot be exercised for goods custom-made to the Customer's specifications or for goods that are not suitable for return for hygiene reasons and of which the seal has been broken after delivery.
17. The Customer loses his right of withdrawal when the products are used in a way that goes beyond what is necessary for testing the product. Also as soon as the goods have been processed by the Customer, are the subject of accession or are irrevocably mixed with other goods, the Customer loses any right of withdrawal.
18. When FJA-OEYEN has committed itself to the provision of services under the agreement, the Customer accepts that the performance thereof will only be started by FJA-OEYEN after the expiry of the withdrawal period. The Customer accepts that he explicitly waives his right of withdrawal in the event of a request for immediate performance of the services.
19. If the Customer revokes the agreement, FJA-OEYEN will refund all payments received from the Customer up to that point, including the cost of standard delivery, to the Customer within a maximum of 14 calendar days after FJA-OEYEN has received all goods back. Any additional costs resulting from the Customer's choice of a method of delivery other than the standard delivery offered by FJA-OEYEN will not be refunded.
20. If the returned product has been diminished in value in any way, FJA-OEYEN reserves the right to hold the Customer liable and claim damages for any diminished value of the goods resulting from the Customer's handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Prices
21. Unless the agreement expressly states additional costs, the price is fixed and all-inclusive for delivery to a fixed sales area of FJA-OEYEN.
22. Increases or decreases in import duties, excise duties and levies (e.g. VAT) that occur before the delivery date will always be passed on to the Customer.
Delivery and transfer of risk
23. Delivery elsewhere than in a fixed sales space of FJA-OEYEN will be done by FJA-OEYEN itself, a delivery service engaged by FJA-OEYEN or by parcel post. The costs of delivery (packaging, shipping, loading and unloading, transport, taxes and customs duties, insurance) will be calculated separately at the time the Customer places his order.
24. The delivery date is, depending on the method of delivery, the date on which FJA-OEYEN makes the goods available for collection at its permanent sales area, the date on which FJA-OEYEN delivers the goods to the Customer or the date on which FJA-OEYEN hands over the goods to the delivery service or the post office.
25. If, at the request of the Customer, changes are made to the delivery period and/or place and/or circumstances, or if the Customer has provided incorrect information, FJA-OEYEN has the right to charge any additional costs.
26. The risk for direct and indirect damage to or caused by the delivered products shall pass to the Customer at the time he physically takes possession of the goods. Nevertheless, the risk shall pass to the Customer upon delivery to the carrier, if the Customer has chosen to have the carrier transport the goods and this option was not offered by FJA-OEYEN.
Delivery time
27. If no precise delivery date or term has been agreed, the final delivery term is four months from the conclusion of the agreement.
28. If FJA-OEYEN does not deliver the products by the delivery date at the latest or if the Customer refuses to accept the products by this date at the latest, the injured party may terminate the agreement if the defaulting party does not respond to a registered notice of default within 3 weeks.
29. In the event of late delivery by FJA-OEYEN for which it is responsible, a fixed compensation of 5% of the price of the product delivered late per week of delay is due to the Customer, with a maximum of 50% of the agreed price for that product.
30. Unless otherwise specifically agreed between the parties, delays in delivery cannot give rise to termination of the agreement or refusal of delivery. FJA-OEYEN shall immediately inform the Customer of any cause of delay in delivery or placement and/or suspension of the delivery or execution period.
31. The delivery or execution period will in any case be suspended for as long as unforeseen circumstances occur after the conclusion of the agreement and before delivery that prevent or seriously hamper delivery. The following are in particular accepted as unforeseen circumstances: war, riot, fire, recognized natural disasters, occupation of premises, import and export restrictions, production and/or sales ban, disruptions in the supply of energy, strikes, lock-out, serious machine breakdown, late delivery or unsuitability of materials and raw materials, attributable unlawful conduct of suppliers of FJA-OEYEN or third parties engaged by FJA-OEYEN. If these unforeseen circumstances lead to a suspension of more than 90 consecutive calendar days, this can be invoked by either party as an express termination clause. The Customer will never be able to assert a right to compensation for a suspension or termination due to unforeseen circumstances.
Payment, interest and damages
32. The date of payment is the date on which FJA-OEYEN's bank account is credited or the date stated on the receipt delivered to the Customer upon payment.
33. In the event of late payment, FJA OEYEN will send the Customer a first, free payment reminder, after which the Customer will have 14 calendar days to pay without interest being charged. The waiting period of 14 calendar days starts on the third working day after sending the notice of default by traditional mail or on the day after electronic sending of the notice of default. If the Customer does not pay within 14 calendar days after the first notice of default, a default interest of 8% per year is due, calculated from the first day after the notice of default and calculated per day of delay in payment.
34. As soon as default interest can be charged to the Customer, a fixed compensation is also due, which is calculated as follows: 20 euros if the amount due is less than or equal to 150 euros, 30 euros increased by 10% of the amount due on the instalment between 150.01 euros and 500 euros if the balance due is between 150.01 euros and 500 euros and 65 euros increased by 5% of the amount due on the instalment above 500 euros with a maximum of 2,000 euros if the balance due is higher than 500 euros.
35. If the Customer is not a natural person or if he acts wholly or partly for purposes that fall within his trade, business, craft or profession, then Articles 33 and 34 shall not apply. In such cases and in the event of late payment, the Customer shall owe FJA-OEYEN, by operation of law and without any additional notice of default: a penalty clause of 10% on the late paid balance and default interest from the due date at the rate as determined in accordance with Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions.
36. In the event of late payment, all other claims on the Customer that have not yet expired will become fully and irrevocably due and payable by operation of law and without prior notice of default, even if they relate to another agreement.
37. In the event of a dispute regarding part of the amount due, the Customer must in any case pay the undisputed portion.
38. If the Customer fails to meet its payment obligations, FJA-OEYEN shall have the right to suspend or postpone its own obligations at the Customer's risk, even under other current agreements between the parties.
Complaints and guarantees
39. The products delivered by FJA-OEYEN must be carefully checked by the Customer for any defects or shortcomings, immediately after he has physically taken possession of the goods. Any visible damage and/or qualitative shortcoming of an article or other defects upon delivery must be reported immediately by the Customer to FJA-OEYEN.
40. A report of complaints must contain a description of the defect in as much detail as possible, so that FJA-OEYEN is able to respond adequately. Preferably, photos of the defects are provided to FJA-OEYEN.
41. In order to invoke the FJA-OEYEN guarantee, the Customer must be able to present proof of purchase. The Customer is advised to keep the original packaging of the goods.
42. Any form of warranty shall lapse if a defect has arisen as a result of or resulting from improper or inappropriate use, including incorrect storage or maintenance by the Customer and/or third parties, or if, without the written permission of FJA-OEYEN, the Customer or third parties have made or attempted to make changes to the product, other items have been attached to it that should not have been attached to it or if these have been processed or edited in a manner other than that intended.
43. The following shall not be considered defects: slight differences in the colour or texture or discolouration of the products or slight differences in the dimensions of the goods, insofar as these cannot be avoided from a technical point of view, fall within the tolerances, are generally accepted or are specific to the materials used.
Liability
44. If and to the extent that any liability would exist on the part of FJA-OEYEN, it shall only be liable for direct damage. The indirect damage suffered by the Customer, including consequential damage, consisting of (but not limited to) transport, travel and accommodation costs, lost profit, lost turnover or lost income, shall never be eligible for compensation by FJA-OEYEN.
45. There is no question of an (attributable) shortcoming and therefore no liability on the part of FJA-OEYEN as long as the Customer himself is in default towards FJA-OEYEN, the products have been exposed to abnormal circumstances or have been used carelessly or unskillfully.
46. The Customer shall indemnify FJA-OEYEN against all claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to a party other than FJA-OEYEN and against claims from third parties related to the agreements concluded between the Customer and those third parties.
Default – Early Termination
47. FJA-OEYEN has the right to terminate, cancel or terminate the agreement with immediate effect without owing any compensation to the Customer:
a. in the event of bankruptcy, dissolution or liquidation of the Customer;
b. upon the death of the Customer, if the Customer is a natural person;
c. in the event of precautionary or executive attachment of the Customer's movable property;
d. in the event of any default or non-compliance by the Customer with any of the provisions of this agreement after a notice of default with a regularization period of thirty (30) calendar days;
e. in the event of serious and serious default or non-compliance by the Customer with one of its obligations, without prior notice of default;
f. as soon as it appears that there are objective and serious indications that the Customer will not be able to meet his obligations and no additional guarantees have been provided within 30 calendar days of a request to that effect by the Customer;
g. specific cases as described in the specific conditions.
48. In the cases of early termination of the agreement as described in article 47, the Customer is obliged to compensate FJA-OEYEN for all damages, costs and loss of profits.
Jurisdiction and applicable law
49. All disputes arising from this agreement will be handled before the Belgian courts of the judicial district of Antwerp – Turnhout division.
50. All agreements with FJA-OEYEN are exclusively governed by Belgian law. Application of the Vienna Sales Convention is excluded.
Translations
51. Translations of these general terms and conditions are for information purposes only. In the event of ambiguity or contradiction between translations, the Dutch text of these terms and conditions shall prevail as legally binding.
Communication between parties – amendment of general terms and conditions – nullity
52. Unless otherwise provided and to the extent that the Customer's e-mail address is known, all communication between the parties will be validly conducted by e-mail, without prejudice to the possibility of using registered mail and/or bailiff's writs.
53. Changes to these general terms and conditions are opposable to the Customer after they have been brought to his attention and have remained without response from the Customer for 30 days. Only during that period does the Customer have the option to terminate the agreement early with a notice period of 1 month, which commences upon notification of termination.
54. If a provision proves to be void, this does not affect the validity of the entire agreement or the general terms and conditions. The parties will replace the void provisions with a valid provision that approximates the void provision as closely as possible.
Processing of personal data
55. FJA-OEYEN collects and processes the identity and contact details it receives from the Customer and which relate to the Customer itself, its staff, employees, appointees and other useful contacts. The purposes for this processing are the establishment and execution of the agreement, Customer management, accounting and direct marketing activities such as sending promotional or commercial information. The legal grounds are the proof and execution of the agreement, the fulfillment of legal and regulatory obligations and/or the legitimate interest. For direct marketing purposes, the Customer gives its express and free consent to use this personal data.
56. The personal data will be processed in accordance with the provisions of the General Data Protection Regulation and will only be passed on to processors, recipients and/or third parties to the extent necessary in the context of the aforementioned purposes for the processing. The Client is responsible for the accuracy and updating of the personal data that he provides and undertakes to strictly comply with the provisions of the General Data Protection Regulation with regard to the persons whose personal data he has transferred, as well as with regard to any possible personal data that he may receive from FJA-OEYEN and its staff, employees and appointees.
57. The Client confirms that he has been adequately informed about the processing of the personal data and about the rights of access, correction, deletion and objection. The Client confirms that he has informed his staff, employees, appointees and other contacts about this processing and guarantees that they agree to it.
The Fja-Oeyen website keeps track of general visitor data, including the IP address of your computer and the time of the request and data that your browser sends. This data is used for analyses of visitor and click behaviour on the website. Fja-Oeyen uses this information to improve the functioning of the website. This data is anonymised as much as possible and is not provided to third parties.
Data relating to the conclusion of agreements are retained for as long as this is legally required and for as long as FJA-OEYEN needs to have them available for the execution of the agreement.
Specific terms and conditions for the sale of goods by FJA-OEYEN
59. FJA-OEYEN reserves the ownership of all goods to be delivered or delivered by it to the Customer, until such time as all claims that FJA-OEYEN has or will have on the Customer, including claims arising from the failure to comply with the aforementioned claims, have been paid in full. If a product delivered by FJA-OEYEN, of which FJA-OEYEN has retained ownership, is imported into another member state of the European Union, the law of that member state shall govern the retention of title, in the event that that law contains provisions in this regard that are more favourable to FJA-OEYEN.
60. FJA-OEYEN guarantees that the delivered goods are in accordance with the agreement in accordance with the normal requirements of usability, reliability and lifespan, with the existing safety standards.
61. FJA-OEYEN is liable for any non-conformity that manifests itself within 2 years after delivery, unless FJA-OEYEN can prove otherwise that this non-conformity did not exist at the time of delivery. In the event of the sale of second-hand goods, the Customer must prove the existence of the non-conformity at the time of delivery if it manifests itself more than 1 year after delivery.
62. The Customer must, under penalty of forfeiture of the guarantee, inform FJA OEYEN in writing of the existence of a non-conformity within two (2) months from the day on which the Customer discovered this.
63. In cases where the guarantee has been acquired by the Customer under Articles 61 and 62, he is entitled to free repair or free replacement, unless this is impossible or if the associated costs would be disproportionate. Any additional commercial guarantee does not affect the possibility of free repair or replacement.
Specific conditions for rental of goods by FJA-OEYEN
Condition of the rented goods – delivery and return
64. Unless otherwise agreed, the goods will be delivered to the Customer in new condition at the start of the rental.
65. The Customer is prohibited from making changes to the goods without the written permission of FJA-OEYEN.
66. Rented goods must be returned to FJA-OEYEN within 5 working days after the end of the rental period or after early termination of the agreement in a good state of maintenance and in the same condition as they were delivered to the Customer, except for any depreciation due to age, normal wear and tear and normal use.
67. The proof of identity between the rented and returned goods is at the expense of the Customer. The costs for transport to FJA-OEYEN or its permanent sales areas, are at the expense of the customer.
Duration and termination
68. The agreement is always entered into for an initial, fixed term as stated in the special conditions of the order or the order confirmation.
69. During the first 30 months of the initial rental period, the Customer may terminate the agreement with a notice period of 1 month, subject to payment of an early termination fee of 350 euros including VAT. As of the 31st month of the initial rental period, the agreement cannot be terminated early until the end of the initial term.
70. After the initial rental period has expired, the rental agreement will be tacitly extended for an indefinite period, unless one of the parties has given written notice no later than one month before the end of the initial rental period that they will not continue the rental agreement. After the rental agreement has been extended for an indefinite period, both parties have the right to terminate the rental agreement in writing at any time, taking into account a notice period of at least one month.
71. If, after the agreement has been concluded, it appears that the Customer does not have a permanent residence or place of residence in Belgium or the Netherlands, FJA-OEYEN may apply Articles 47 and 48.
Rental price and payment
72. Unless otherwise stated, rental prices are expressed in monthly amounts including VAT. The rent is payable in advance. Increases or decreases in import duties, excise duties and levies (e.g. VAT) and which occur during the rental period will always be passed on to the Customer.
73. The first month's rent must be paid immediately upon placing the order. FJA-OEYEN will only prepare the ordered goods for shipment after the first payment has been received.
74. The agreed rental price is to be paid from the second month onwards by means of a direct debit (SEPA direct debit) in favour of FJA OEYEN, which will be presented to the Customer's banking institution for collection on the 25th calendar day of the previous month.
75. If FJA-OEYEN has to send more than 3 notices of default to the Customer per year due to late payment, a cost of EUR 7.50 plus postage costs may be charged to the Customer from the 4th notice of default and per notice of default.
76. The rental price and any additional costs are due by the mere delivery of the goods. Failure to use the goods cannot be held against FJA OEYEN. The Customer bears the risk for circumstances that were not known at the time the agreement was concluded and that occur during the term of the agreement beyond the control of FJA-OEYEN, which mean that the goods can no longer be fully used.
77. In the event of early termination of the agreement, the rent is due for each month commenced until FJA-OEYEN has regained possession of the rented goods.
Ownership, use and storage
78. The delivered goods shall always remain the exclusive property of FJA-OEYEN. The Customer undertakes to inform third parties of the ownership rights of FJA-OEYEN if necessary, including in the event of seizure or seizure.
79. The Customer shall behave as a good father with regard to the goods. This means, among other things, that the Customer shall refrain from actions that could lead to the loss of those items (for example through incorporation, accession, mixing, processing or otherwise), taxation or encumbrance with third-party rights, damage or criminal use. The Customer shall not entrust the goods to a third party without the permission of FJA-OEYEN.
Maintenance and repairs
80. The Customer shall strictly follow all instructions and maintenance advice from FJA-OEYEN. If the Customer has any doubts about the use of a product, he shall contact FJA-OEYEN before applying it.
81. Cleaning and maintenance of the goods may only be carried out by FJA-OEYEN. Damaged goods may only be repaired by or on written instructions from FJA-OEYEN.
82. The rental price includes mandatory five-yearly maintenance (including transport costs on behalf of FJA-OEYEN). The Customer is obliged to send the goods to FJA-OEYEN within one month after being invited to do so. The cleaned goods will be returned to the customer within one month after receipt. The Customer accepts that no replacement goods will be made available to him.
83. Additional maintenance services can be requested by the Customer, but must be paid for additionally to FJA-OEYEN.
Loss, damage and insurance
84. If the Customer suspects or could reasonably suspect that there is a defect, deficiency, theft and/or damage to the goods, he must inform FJA-OEYEN immediately and at the latest within 48 hours of discovering it. The same applies in the event of exposure of the goods to strong heat sources such as fire, or other circumstances or influences that the Customer suspects or could reasonably suspect could have direct or indirect harmful consequences for the product.
85. The Customer shall fully indemnify and hold FJA-OEYEN harmless against theft, loss or damage to the rented goods, even if this is attributable to third parties or unknown persons. The Customer shall also be liable for cases of force majeure, if he was put in default by FJA-OEYEN to return the rented goods or if the Customer has used the goods for a purpose other than that provided for in the contract, or for a longer period than is contractually provided for.
86. The Customer's rights and claims against an insurer in the event of damage to or loss of the rented goods are transferred by the Customer to FJA-OEYEN.
87. If the goods are lost, destroyed or damaged to such an extent during the rental period that repair is no longer possible, the Customer will reimburse FJA-OEYEN for the new price of the goods according to the catalogue value applicable on the date of the damage.
Specific conditions for the FJA-Oeyen Laundry Service
88. Upon receipt or delivery to the permanent sales areas of FJA-OEYEN, the goods will be examined by FJA-OEYEN and FJA-OEYEN will draw up a work order. Based on that work order, a quotation from the workshop will be provided to the customer, which must be accepted by the Customer before the execution is started.
89. Unless otherwise agreed, the agreed services will be performed within one month after confirmation of the quotation. The date of performance and delivery of the services is the date on which FJA-OEYEN makes the goods available for collection or shipment.
90. The Customer accepts that the goods will not be given, sent or delivered to him until after payment of the agreed price. As long as the agreed price and all attachments thereof have not been paid, FJA-OEYEN has a right of retention on the goods, without the right to compensation for the customer.
91. The Customer accepts that no replacement goods will be made available to him.
92. No alterations can be ordered without the Laundry Service.
Specifieke voorwaarden voor de FJA-Oeyen Experience
93. The FJA-Oeyen Experience is a sale for which the Customer has an extra-legal, commercial right of withdrawal, during a period of 2 weeks after delivery.
94. The revocation must be exercised, under penalty of forfeiture, within 2 weeks and by an unambiguous written statement from the Customer, for which purpose the form or notification of returns that FJA-OEYEN makes available on its website can be used.
95. If the Customer exercises his right of withdrawal, he must bear the direct costs of return to FJA-OEYEN.
96. The right of withdrawal cannot be exercised for goods custom-made to the Customer's specifications or for goods that are not suitable for return for hygiene reasons and of which the seal has been broken after delivery.
97. The Customer loses his right of withdrawal when the products are used in a way that goes beyond what is necessary for testing the product. Also as soon as the goods have been processed by the Customer, are the subject of accession or are irrevocably mixed with other goods, the Customer loses any right of withdrawal.
98. If the returned product has been diminished in value in any way, FJA-OEYEN reserves the right to hold the Customer liable and claim damages for any diminished value of the goods resulting from the Customer's handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
99. The Customer shall behave as a good father with regard to the purchased goods during the test period. This means, among other things, that the Customer shall refrain from behavior that could lead to loss of the goods (for example through incorporation, accession, mixing, processing or otherwise), taxation or encumbrance with third-party rights, damage, contamination or criminal use. The Customer shall not entrust the goods to a third party without the permission of FJA-OEYEN.