Through its website and webshop, NV PLASTIGI (Public Limited Liability Company PLASTIGI) provides an online platform for the sale of its Products. These Terms and Conditions apply to all agreements and sales between you (the “Customer”) and NV PLASTIGI (Public Limited Liability Company PLASTIGI), with registered office located at Lenskensdijk 3, 2200 HERENTALS, and companies registration No. 0406.043.681. By placing his order on the webshop/website, a Customer who wishes to use the webshop of NV PLASTIGI declares that he acts in the capacity of a consumer. Dealers, or purchases for any professional use, are required to turn to the Sales Department of NV PLASTIGI. The bank account number of NV PLASTIGI is BE 29 5503 3036 0064. By using and visiting or ordering via the webshop/website, the Customer declares his consent to the following terms and conditions and provisions, he accepts them, and he undertakes to respect them, and all other rights and duties mentioned on the webshop/website. These Terms and Conditions of Sale are always and exclusively applicable, except in the case of explicit prior written deviation, whereby the remaining provisions of the Terms and Conditions of Sale shall remain fully applicable. Therefore, any terms and conditions of the Customer do not apply. The Terms and Conditions of Sale are always available and can be consulted via the webshop/website. The Customer has the possibility to save these Terms and Conditions of Sale and print them out. The Terms and Conditions of Sale are also sent together with the confirmation of order. NV PLASTIGI reserves the right to amend and/or supplement these Terms and Conditions of Sale at any time. The Terms and Conditions of Sale applicable at the time of order continue to apply to previously-existing orders and the agreements arising from them.
The products offered by NV PLASTIGI (the “Products”) are those which are sold via the webshop/website at the time of the Customer placing his order. NV PLASTIGI will place online information on the characteristics of the products with great care, including technical descriptions and photographs, by way of illustration. All Products are described as accurately as possible. Nevertheless, it is possible that slight anomalies may occur, that errors arise or that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding for NV PLASTIGI and it cannot be held liable for them NV PLASTIGI is never liable in the event of obvious material errors, misprints or typographical errors. Obvious or manifest errors in the statement of prices, such as obvious inaccuracies, can be rectified by NV PLASTIGI even after the realization of the agreement. Certain non-substantial characteristics of a delivered Product may differ from the photographs and descriptions on the webshop/website. The offer applies while stocks last, and can be amended or withdrawn at any time. NV PLASTIGI cannot be held liable for the unavailability of a Product. NV PLASTIGI has the possibility to have specific terms and conditions apply to a specific offer, such as for example a limited period of application. If an offer has a limited application period or is subject to other terms and conditions, this is expressly mentioned in the offer.
If the Client wishes to purchase a product from the range of NV PLASTIGI, he must purchase it using the on-line order method, and follow the steps indicated on the webshop/website. The Client shall only enter accurate and correct data in/on the webshop/website. The Client shall inform NV PLASTIGI of each change in this information. The total sum owed and immediately payable is clearly indicated during the payment procedure. Performance of the payment process renders the order final and unchangeable. This purchase is binding for the Client. On confirmation of the order by the Client, cash payment is requested via the indicated payment method. Orders placed via the webshop/website entail an obligation to pay. The agreement arises at the time of receiving full payment. After placing the order, and once the system has accepted the aforesaid payment, the Customer is sent an overview of the products ordered, by email. NV PLASTIGI reserves the right, amongst others, to reject orders if an article is no longer available or stocks are exhausted, if an incorrect offer is detected, and in the event of force majeure. NV PLASTIGI is also entitled to reject an order due to a serious shortcoming of the Customer relating to orders involving the Customer. If one or more Products of an order are unavailable, NV PLASTIGI shall inform the Client, by email or in writing, that the whole or part of the order shall be cancelled or divided into parts, or NV PLASTIGI may perhaps suggest a replacement product. If NV PLASTIGI rejects the product order, or the Client does not accept the alternatives proposed, no agreement shall exist. The Client shall not be entitled to any form of compensation. NV PLASTIGI cannot be held responsible for this, or for any damage which may result from it. If the unavailability of products is established when the Customer has already paid for them, NV PLASTIGI will immediately repay the sums paid. The Customer will be notified of this by email. NV PLASTIGI will perform the reimbursement quickly, and at latest within 30 days.
The prices are those mentioned on the webshop/website at the time of the Customer placing the order. NV PLASTIGI has the right to adapt these prices from time to time. Prices are expressed in Euros and including VAT and other taxes. The costs of delivery, transport and dispatch, and other additional costs (such as for example relating to methods of payment, administration costs) are not included. These costs are charged separately on top of the purchase price. These additional costs are expressly indicated at the last stage of the online ordering method or mentioned in the communication with the Client. In principle, each payment is processed immediately and in full, i.e. at the time of the Customer placing the order, namely at the time of the Customer confirming the order. Therefore, payment is made in advance, via the payment process and the payment methods shown on the webshop/website. NV PLASTIGI shall suspend its delivery obligations until it has received full payment of all amounts owed by the Customer. Products remain the property of NV PLASTIGI until such time as they are paid for in full by the customer (payment of the purchase price and costs).
Each order is processed quickly and with the greatest of care. Any delivery periods indicated are average processing and delivery periods, and are only indicative. The delivery option chosen may affect the delivery period. Nevertheless, NV PLASTIGI reserves the right to choose the most appropriate delivery method for each order. The delivery period only commences once payment has been made. In the event of deviating delivery time, this will always be communicated to the customer within a reasonable period from the order confirmation. In each case, the final delivery period is within 30 days of receipt of full payment. If NV PLASTIGI fails to respect its obligation to deliver the Products within 30 days of receipt of full payment, the Customer shall request NV PLASTIGI to perform delivery within a supplementary period that is appropriate to the circumstances. The Customer is only entitled to terminate the agreement if NV PLASTIGI fails to deliver the Products within the supplementary period, provided he does this by email or registered letter sent to the contact details mentioned in Article 7 of these Terms and Conditions of Sale. If the agreement is terminated in this way, NV PLASTIGI shall repay all sums paid quickly and at latest within 14 days of termination of the agreement. The exceeding of the delivery period shall not result in a different sum of compensation (for damage). NV PLASTIGI uses external parties for delivery The order is presented to the Customer according to the courier service/Postal procedure. However, NV PLASTIGI is not responsible for deliveries that are late or for orders that are lost due to third parties, including the carrier, or due to unforeseen circumstances or Force Majeure. If an offered delivery is unsuccessful as a result of a failure on the part of the Customer or the third party designated by the Customer, the cost of new delivery attempts will be borne by the Customer. NV PLASTIGI bears the risk of loss or damage of the Products until the time of delivery. The risk of the Products transfers to the Customer directly on receipt of the ordered Products by the Customer, or by a third party indicated by him. The Customer may be asked to sign a receipt, however, absence of a signature does not affect the transfer of the risk.
NV PLASTIGI fulfils its obligations with great care. The Client cannot claim a right to guarantee if he was aware of the defects at the time of purchase. Except where deviating clauses apply, the articles ordered are only covered by the legal warranty obligation. Furthermore, the provisions concerning sales to consumers apply to the Customer as a consumer. Additional warranties may apply in accordance with the relevant terms and conditions, and are explicitly communicated. At the delivery of the Products, the Customer or a third party appointed by the Customer, is obliged to inspect the Products immediately and closely for visible flaws and damage. If the Products or the delivery are affected by a visible flaw, and this is detectable externally by the recipient, he may file complaint concerning this. The Customer must report these complaints in writing, immediately, expressly, unequivocally and motivations and reasons, as quickly as possible and in any case within a period of fourteen (14) days from delivery, by registered letter to the address: NV PLASTIGI, Lenskensdijk 3, 2200 HERENTALS or by email to (info@valiente.be). It is the duty of the Client to provide sufficient reasons in this communication. Thereafter the Client forfeits all rights in this matter. Complaints relating to invisible flaws must also be reported in writing immediately, expressly, unequivocally, motivations and reasons, as quickly as possible and in any case within a period of fourteen (14) days from delivery, by registered letter to the address: NV PLASTIGI, Lenskensdijk 3, 2200 HERENTALS, or by email to (info@valiente.be). It is the duty of the Client to provide sufficient reasons in this communication. Thereafter the Client forfeits all rights in this matter. Defective Products must always be returned to NV PLASTIGI in their original condition, including their original packaging, instruction manual, accessories and documentation, and always accompanied by the original invoice or a valid receipt. Each failure to respect this obligation shall result in a corresponding reduction of any reimbursement. Goods are always returned at the risk of the Client, and the costs of return shall be paid by the Client. Products must be returned at latest within 14 calendar days of the communication. The warranty does not cover damage caused by normal wear-and-tear, non-deliberate or deliberate changes made to the Products by the Customer, including injudicious or incorrect use, incorrect handling, neglect, failure to respect instructions or manual, poor maintenance or exposure to moisture, fire, earthquake and other external causes, force majeure, accident. If the above conditions are met, the Client shall first be entitled to a repair or replacement free of charge, as the situation allows. If the costs of repair are disproportionate, NV PLASTIGI reserves the right to replace the article or exchange it with a similar article. NV PLASTIGI is only obliged to reimburse the Client if a repair or replacement does not provide the same benefit for the Client. Any sum ensuing from this can never exceed the amount invoiced to the Client.
The Customer, as a consumer, has a right of withdrawal, provided that the stipulations shown below are met. The Customer has the right to withdraw from the distance agreement, within a period of 14 calendar days counting from the day after delivery of the Products (physical receipt) without giving any reason. The Customer is not obliged to pay any fine or compensation for exercising his right of withdrawal. During the cooling-off period, the Customer shall handle the Product and the packaging carefully. He shall only remove the product from its packaging or use it to the extent needed in order to establish the nature, characteristics and functioning of the product. A Customer who wishes to exercise the right of withdrawal must always do this in an unequivocal manner. A Customer who wishes to exercise the right of withdrawal must always do this in an unequivocal manner. The Customer must use the withdrawal form that can be found on the webshop/website of NV PLASTIGI. This withdrawal form must be completed and sent by post to (NV PLASTIGI, with registered office at Lenskensdijk 3, 2200 HERENTALS) or by email (to info@valiente.be). The risk and the burden of proof for correct and timely exercise of the right of withdrawal lies with the Customer. The Customer must prove that he may exercise the right of withdrawal. The Customer is not entitled to the right of withdrawal in the following cases:
The Customer must return the products to NV PLASTIGI quickly, and at any event within 14 calendar days after the day of informing NV PLASTIGI of his decision to withdraw from the agreement. Products can only be returned using a recognised carrier, and the Customer must retain the proof of dispatch. The consumer is to bear all costs and risks of returning products. Only Products which are in the original packaging, together with all accessories, instructions, etc. and the invoice or receipt can be taken back. Products must be returned undamaged, unused and in their original (undamaged) packaging. The Customer must return the product unused and in its original packaging, or the right of withdrawal will not be applicable. The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods that goes beyond what was necessary to establish the nature, characteristics and functioning of the Products. If the Customer validly exercises the right of withdrawal, NV PLASTIGI will perform the reimbursement quickly. Reimbursement shall take place not later than 14 calendar days after the day of receipt of notification of withdrawal, provided that NV PLASTIGI has received all products back, or the Customer has proved that he has returned the goods. NV PLASTIGI may therefore withhold the reimbursement until it has received the Products. NV PLASTIGI shall reimburse the Customer using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed with another means of payment and provided that the Customer does not incur any fees as a result of such reimbursement. If the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by NV PLASTIGI, NV PLASTIGI shall not reimburse these supplementary costs.
Force majeure exists, if due to a circumstance beyond its control NV PLASTIGI is prevented from respecting part or the entirety of its obligations in respect of the Client. In such case, NV PLASTIGI shall not be obliged to respect its obligations in respect of the Client. NV PLASTIGI may suspend its obligations for the period of the force majeure.
The Client shall accept digital evidence. In the event of purchases via the webshop/website, the Client expressly accepts that all notifications from NV PLASTIGI may be validly served on him via the email address communicated by him to NV PLASTIGI and/or in the case of general notifications, by notification via the webshop/website. The Client himself is exclusively responsible for the accuracy of all data passed on by him.
NV PLASTIGI shall retain all intellectual property rights and derived rights relating to the Products and tradename. These intellectual property rights are taken to mean, amongst others, copyrights, trademark rights, plan and model rights and/or other (intellectual property) rights, including (non-)patentable technical and/or commercial know-how, methods and concept. The Customer is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless this relates purely to private use of the Products themselves. The webshop/website and its content are protected by intellectual property rights and these belong to all title holders, namely NV PLASTIGI and third parties. The concept, the content, the lay-out, the structure, the source codes, the software, the images, the photographs, the animations, the audio-visual works, the texts, the data/information, the trademarks and all other component parts of the webshop/website and the Products and brochures are and shall remain the exclusive property of NV PLASTIGI and are protected by various intellectual property rights, including copyright and trademark right.
Each use of the website or the webshop shall always occur at the own risk and responsibility of the Client. NV PLASTIGI is not liable for any hinder or damage which arises from the use of the internet, disruptions, interruptions, system breakdown, harmful elements or defects of the webshop/website, the intrusion of outsiders or of a virus, or for any information placed on it or processed by third parties, irrespective of the existence of force majeure or an external cause. NV PLASTIGI has the right to limit, interrupt or suspend access to the webshop/website in full or in part, at any time, for, amongst others, maintenance, updating or any other reason, even without prior warning and without this giving rise to any form of compensation. The webshop/website contains content which can be downloaded. Each download always occurs at the own risk and responsibility of the Client. NV PLASTIGI bears no liability concerning this. NV PLASTIGI places the content of the webshop/website and information online with the greatest of care. Nevertheless, it is still possible that the content and information are incomplete, not sufficiently accurate or up-to-date and/or useful. NV PLASTIGI therefore cannot provide any guarantee concerning the quality of the information and content of the webshop/website. NV PLASTIGI is not responsible for any errors or mistakes in the content or information of the webshop/website. NV PLASTIGI is not liable for (direct and indirect) damage suffered by the Customer as a result of the information on the webshop/website. Under no circumstances can NV PLASTIGI be held responsible for any indirect or consequential damage suffered, such as, for example, those resulting from placing an order (or the impossibility of doing so) via the webshop/website, defects in Products, late delivery,… NV PLASTIGI is not responsible for the inability to deliver the orders or late delivery of orders due to exhaustion of stock or for reasons beyond its control or by third parties, including the carrier, or due to unforeseen circumstances or Force Majeure, such as disruption or strike of transport -, post -, or communication services.
The information provided by the Customer regarding his personal details is required for processing and completing the orders. If this information is missing the order will be immediately cancelled. Providing incorrect or false personal details is regarded as a breach of these Terms and Conditions of Sale. NV PLASTIGI reserves the right to collect data from the Customer solely for internal use, and this both directly by collecting the data provided by the Customer when registering and/or placing an order, and indirectly, for example, through the use of cookies, subscription to a newsletter or the placing of an order. NV PLASTIGI will process the personal data provided by the Customer for the following purposes: performance of the agreement between the Customer and NV PLASTIGI, including invoicing and delivery of products purchased by the Customer, processing the order, sending newsletters, information and offers, advertising and/or marketing purposes, providing access to the user profile used by the Customer to make purchases at this webshop. The information may also be processed for promotion and prospection purposes, and in order to inform the Customer about NV PLASTIGI and its products and services. NV PLASTIGI guarantees that its data-processing is always adequate, relevant and not excessive. Personal data will never be kept longer than strictly necessary. NV PLASTIGI has taken the necessary (security) measures to ensure the secure processing of personal data. By using the webshop/website and webshop, the Customer consents to NV PLASTIGI collecting and processing his personal data. Under the Data Protection Act of 8 December 1992, the Customer has the right to access and rectify the data and to have it removed at any time, if he no longer wishes to receive information on the activities of NV PLASTIGI and direct marketing. To do this, the Customer can write to NV PLASTIGI at the address mentioned above, amongst others in Article 7 on the right of withdrawal, enclosing proof of identity. NV PLASTIGI treats the Customer’s data as confidential information and shall not pass it on, or rent or sell it to third parties. The Client himself is responsible for managing his login details and his password which is strictly linked to his person. During a visit to the webshop/website, NV PLASTIGI retains some data for statistical purposes in order to optimise the use of the webshop/website. By using the website and webshop the Client consents to this. If the Customer has questions concerning this Privacy Statement, he can contact NV PLASTIGI at any time using the address details mentioned above, amongst others, in Article 7 on the right of withdrawal. This Privacy Statement is subject to changes. We therefore recommend that the Customer regularly consults this Privacy Statement.
During a visit to the webshop/website, ‘cookies’ may be placed on the hard disc of your computer. Cookies are used in order to improve and optimise the Customer’s visit to the webshop/website, to remember technical choices and to show the Customer relevant services and offers. We recommend that the Customer activates his cookies when visiting the webshop/website. If cookies are not activated NV PLASTIGI may not be able to guarantee the Customer a problem-free visit of the webshop/website. However, if the Customer does not wants that, he can turn off the cookies via his browser settings. By using the webshop/website, the Customer agrees to the use of cookies by NV PLASTIGI. Cookies can constitute a processing of personal data, and the Client is therefore entitled to lawful and secure processing of the personal data. See earlier in these General Terms and Conditions of Sale concerning this. The European Member States often implement cookie legislation very differently, so it is difficult for the party in question to determine how his or her consent must be given. NV PLASTIGI strives to provide correct implementation for each Member State, in as much as this is technically and physically possible.
If a clause or provision of these Terms and Conditions of Sale is declared null and void or unenforceable, this declaration shall not affect the other clauses and provisions of these Terms and Conditions of Sale. The parties will replace it with a valid provision which as closely as possible approximates the parties’ intentions in the invalid or unenforceable provision. If any part of these Terms and Conditions of Sale is declared to be excessively broad, notwithstanding this fact, the provision shall be enforceable up to the maximum permitted by law.
Failure at any time by NV PLASTIGI to enforce one of the rights listed in these Terms and Conditions of Sale, or to exercise any of the rights arising from them, shall never be regarded as a relinquishment or waiver of such provision, and shall never affect the validity of those rights.
The descriptive words or sentences at the headings of the sections of these Terms and Conditions of Sale, are only included to facilitate the reading of them and references to provisions. They do not constitute part of the Terms and Conditions of Sale and can never define, limit or describe the scope or content of the article, section or paragraph to which they relate.
Each dispute, of any kind, and all offers and agreements, are governed exclusively by Belgian law. Application of the Vienna Sales Convention is expressly excluded. All disputes linked to or arising from offers of NV PLASTIGI, or agreements concluded with it, shall be submitted to the competent courts of the judicial district of the registered office of NV PLASTIGI, namely Turnhout.
Nederlands
