Terms and Conditions of Sale
Chris Geysen Com. V. hereinafter referred to as:
Chris Geysen Com. V.
Article 1 Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless expressly indicated otherwise. Chris Geysen Com. V.: the user of the general terms and conditions; Consumer: a counterparty who is a natural person and is not acting in the exercise of a profession or business; Agreement: the agreement between Chris Geysen Com. V. and the consumer; Consumer purchase: the agreement for purchase and sale regarding a movable good, concluded by a seller acting in the exercise of a profession or business, and a consumer, a natural person, who is not acting in the exercise of a profession or business.
Article 2 General
1. These terms and conditions apply to every offer, quotation, and agreement between Chris Geysen Com. V. and a consumer to which Chris Geysen Com. V. has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
2. The present terms and conditions also apply to agreements with Chris Geysen Com. V., for the execution of which third parties must be involved.
3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed upon in writing.
Article 3 Prices
1. All prices on the website of Chris Geysen Com. V. include the currently applicable VAT rate.
2. For the products, the prices used are those stated on the website of Chris Geysen Com. V., subject to price changes and typographical errors. Chris Geysen Com. V. has the right to inform the consumer of price errors prior to delivery or acceptance.
3. Products from Chris Geysen Com. V. are delivered at the prices applicable on the date of the order.
4. If the consumer does not agree with a price change, both Chris Geysen Com. V. and the consumer have the right to cancel the agreement free of charge.
5. Calculations for shipping costs, offers, discounts, etc., are always based on amounts excluding VAT.
Article 4 Offers and Quotations
1. All offers and quotations are without obligation and are made in some written form, unless Chris Geysen Com. V. waives a written offer for practical, urgent, or other reasons. The offer shall include a date or be determinable by date.
2. Chris Geysen Com. V. is only bound by offers and quotations if acceptance thereof by the consumer occurs, preferably in writing, within 30 days. The prices stated in a quotation include VAT, unless otherwise indicated.
3. Chris Geysen Com. V. cannot be held to its offers and quotations if the consumer, according to principles of reasonableness and fairness and generally accepted social views, should have understood that the offer or quotation, or a part thereof, contains an obvious mistake or clerical error.
4. If the acceptance deviates (on minor points) from the offer included in the quotation, Chris Geysen Com. V. is not bound by it. In such cases, the agreement will not be concluded in accordance with this deviating acceptance, unless Chris Geysen Com. V. indicates otherwise.
5. A composite quote does not obligate Chris Geysen Com. V. to deliver a portion of the items included in the offer or quotation for a corresponding part of the stated price.
6. Offers or quotations do not automatically apply to repeat orders.
Article 5 Conclusion of the Agreement
1. An agreement is only concluded after acceptance of the offer from Chris Geysen Com. V. on the internet or otherwise. Acceptance takes place after receipt of your order by Chris Geysen Com. V. Upon acceptance, the consumer will receive a confirmation, either verbally, via email, or otherwise.
2. Chris Geysen Com. V. is entitled to refuse orders or assignments or to attach certain conditions to the delivery, unless expressly determined otherwise. If an order is not accepted, Chris Geysen Com. V. will communicate this within ten (10) days after receipt of the order.
Article 6 Dissolution of the Agreement
1. If your order has not yet been shipped, you can cancel your order free of charge within 7 days.
2. The consumer is entitled to return the order within 14 days after delivery. Returns must be sent in the original packaging, undamaged, and with sufficient postage. The consumer must report the return to Chris Geysen Com. V. in advance. Unreported shipments will not be reimbursed. Chris Geysen Com. V. reserves the right to refund only a portion of the amount if it is suspected that the products have already been used or were damaged after receipt.
Article 7 Delivery
1. Unless otherwise agreed, delivery takes place ex-warehouse of Chris Geysen Com. V.
2. The consumer is obliged to take delivery of the purchased goods at the moment they are made available or handed over to them.
3. If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the items intended for delivery will be stored at the consumer’s risk after Chris Geysen Com. V. has notified them. In that case, the consumer will be liable for all additional costs.
4. Delivery times specified by Chris Geysen Com. V. are indicative. A specified delivery time is therefore never a strict deadline. If the delivery period is exceeded, Chris Geysen Com. V. will notify you via email. However, the final delivery time will never exceed the specified delivery time by more than 30 days, unless there is a case of force majeure. If a deadline is exceeded, the consumer must provide Chris Geysen Com. V. with a written notice of default. The consumer is entitled to cancel the agreement if the delivery period is exceeded.
5. If it has been agreed that delivery will be carried out in phases, Chris Geysen Com. V. may suspend the execution of those parts belonging to a subsequent phase until the consumer has approved the results of the preceding phase in writing.
6. If Chris Geysen Com. V. requires information from the consumer for the execution of the agreement, the delivery period begins after the consumer has made this information available to Chris Geysen Com. V.
7. Your order may be subject to import duties, local taxes, and customs fees. We have no control over these and cannot predict what they will be. The recipient is fully responsible for the payment of these duties and levies. Please contact your local customs office for more information. You are responsible for complying with British law and the legislation in the receiving country. We will not be liable if you violate any such law.
Article 8 Warranty
1. Chris Geysen Com. V. guarantees that the goods to be delivered meet the usual requirements and standards that can be expected of them and are free from any defects.
2. The warranty mentioned under 1. also applies if the goods to be delivered are intended for use abroad and the consumer expressly notified Chris Geysen Com. V. of this use in writing at the time of entering into the agreement.
3. The warranty mentioned under 1. applies for a period of 6 months after delivery.
4. The proof of purchase serves as evidence regarding the warranty.
5. If the goods to be delivered do not comply with these warranties, Chris Geysen Com. V. will, at its discretion, replace the item or arrange for repair within a reasonable period after receipt thereof or, if returning is not reasonably possible, after written notification of the defect by the consumer. In the event of replacement, the consumer already undertakes to return the replaced item to Chris Geysen Com. V. and to transfer ownership thereof to Chris Geysen Com. V.
6. The warranty mentioned herein does not apply if the defect has arisen as a result of improper or inappropriate use or when, without written permission from Chris Geysen Com. V., the consumer or third parties have made or attempted to make changes to the item or have used it for purposes for which the item is not intended.
7. If the delivered item does not correspond with what was agreed and this non-conformity is a defect within the meaning of the product liability regulations, then Chris Geysen Com. V. is, in principle, not liable for consequential damages.
Article 9 Samples and Models
1. If a model or sample has been shown or provided to the consumer by Chris Geysen Com. V., the item shall correspond to it, unless the provision was intended as an indication only.
Article 10 Retention of Title
1. Chris Geysen Com. V. remains the full owner of the delivered item until the moment the purchase price has been paid in full.
Article 11 Inspection, Complaints
1. The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible timeframe. In doing so, the consumer should examine whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements applicable in normal (commercial) transactions.
2. Any visible defects should be reported in writing to Chris Geysen Com. V. within three days after delivery, accompanied by the warranty certificate and the defective item, unless this is impossible or unreasonably burdensome.
3. A non-visible defect must be reported by the consumer to Chris Geysen Com. V. within eight days after discovery, but no later than within the warranty period, observing the provisions of the previous paragraph of this article. After the warranty period has expired, Chris Geysen Com. V. is entitled to charge all costs for repair or replacement, including administration, shipping, and call-out fees.
4. If a complaint is made in a timely manner according to the previous paragraph, the consumer remains obliged to take delivery of and pay for the purchased goods. If the consumer wishes to return defective goods, this shall be done with the prior written consent of Chris Geysen Com. V. and in the manner indicated by Chris Geysen Com. V.
Article 12 Transfer of Risk
1. The risk of loss or damage to the products that are the subject of the agreement passes to the consumer at the moment they are legally and/or physically delivered to the consumer and thus brought into the power of the consumer or a third party designated by the consumer.
Article 13 Price Increase
1. If Chris Geysen Com. V. agrees on a specific price with the consumer upon concluding the agreement, Chris Geysen Com. V. is nevertheless entitled to increase the price, even if the price was not originally stated subject to reservation.
2. If a price increase occurs within three months after the conclusion of the agreement, the consumer may dissolve the agreement by a written statement regardless of the percentage of the increase, unless the authority to increase the price arises from a legal obligation.
3. If the price increase occurs after three months following the conclusion of the agreement, the consumer is entitled to dissolve the agreement if the price increase exceeds 10%, unless this price increase is the result of a change in the agreement or arises from a legal obligation.
Article 15 Collection Costs
1. If the consumer is in default or fails to fulfill one or more of their obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the consumer.
2. Chris Geysen Com. V. is entitled to transfer the claim for collection in the event of non-payment.
3. In any case, the consumer is liable for extrajudicial collection costs in the event of a monetary claim. The extrajudicial collection costs amount to 15% of the principal sum with a minimum of €50.00.
4. If Chris Geysen Com. V. demonstrates that it has incurred higher costs which were reasonably necessary, these shall also be eligible for reimbursement.
Article 16 Indemnities
1. The consumer indemnifies Chris Geysen Com. V. against claims from third parties regarding intellectual property rights on materials or data provided by the consumer, which are used in the execution of the agreement.
2. If the consumer provides Chris Geysen Com. V. with information carriers, electronic files, or software, etc., they guarantee that the information carriers, electronic files, or software are free from viruses and defects.
Article 16 Intellectual Property and Copyrights
1. Without prejudice to the other provisions of these general terms and conditions, Chris Geysen Com. V. reserves the rights and powers to which Chris Geysen Com. V. is entitled under the Copyright Act.
2. The consumer is not permitted to make changes to the goods, unless the nature of the delivered goods dictates otherwise or it has been agreed otherwise in writing.
3. Any designs, sketches, drawings, films, software, and other materials or (electronic) files created by Chris Geysen Com. V. within the framework of the agreement remain the property of Chris Geysen Com. V., regardless of whether they have been handed over to the consumer or to third parties, unless otherwise agreed.
4. All documents provided by Chris Geysen Com. V., such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended solely for use by the consumer and may not be reproduced, made public, or brought to the attention of third parties by them without the prior consent of Chris Geysen Com. V., unless the nature of the provided documents dictates otherwise.
5. Chris Geysen Com. V. reserves the right to use any knowledge gained through the execution of the work for other purposes, provided that no confidential information is brought to the attention of third parties in the process.
Article 17 Liability
1. If goods delivered by Chris Geysen Com. V. are defective, the liability of Chris Geysen Com. V. towards the consumer is limited to what is regulated in these terms and conditions under “Warranties.”
2. When the producer of a defective item is liable for consequential damages, the liability of Chris Geysen Com. V. is limited to repair or replacement of the item, or refund of the purchase price.
3. Without prejudice to the above, Chris Geysen Com. V. is not liable if the damage is due to intent and/or gross negligence and/or culpable actions, or improper or inappropriate use by the consumer.
4. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence of Chris Geysen Com. V. or its subordinates.
Article 18 Force Majeure
1. Parties are not obliged to fulfill any obligation if they are hindered from doing so as a result of a circumstance that is not due to fault, and is not for their account by virtue of the law, a legal act, or generally accepted views.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which Chris Geysen Com. V. has no influence, but which prevent Chris Geysen Com. V. from fulfilling its obligations. Strikes within the company of Chris Geysen Com. V. are included in this.
3. Chris Geysen Com. V. also has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Chris Geysen Com. V. should have fulfilled its obligation.
4. Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damages.
5. Insofar as Chris Geysen Com. V. has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to-be-fulfilled part has independent value, Chris Geysen Com. V. is entitled to invoice the already fulfilled or to-be-fulfilled part separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 19 Disputes
1. The court in the place of business of Chris Geysen Com. V. has exclusive jurisdiction to hear disputes, unless the subdistrict court (kantonrechter) has jurisdiction. Nevertheless, Chris Geysen Com. V. has the right to submit the dispute to the court competent according to the law.
Article 20 Applicable Law
1. Belgian law applies to every agreement between Chris Geysen Com. V. and the consumer. The Vienna Sales Convention is expressly excluded.