GENERAL TERMS AND CONDITIONS
1. APPLICABILITY
In these General Terms and Conditions the following terms shall have the following meanings:
'Wax-IT'
Wax-IT BVBA
'Buyer'
any natural person or legal entity that has or will have a contractual relationship of any kind with Wax-IT.
'Consumer Buyer'
any natural or legal person who, for purposes other than his or her trade or business, acquires or uses products or services placed on the market.
'Products'
the subject of one or more agreements.
These General Terms and Conditions apply to all offers from Wax-IT, as well as to all agreements entered into with Wax-IT.
In addition to these General Terms and Conditions, additional conditions may apply to certain services and/or products, if expressly indicated. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions shall in principle prevail over the General Terms and Conditions, unless otherwise stated.
One or more provisions in these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing. The other provisions of these conditions will remain in full force in that case.
General Terms and Conditions used by the Buyer shall not apply unless expressly agreed to in writing by Wax-IT.
Wax-IT reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.
By using the Wax-IT webshop and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
Wax-IT is authorized to call upon third parties in the execution of an agreement with the Buyer.
2. OFFERS AND FORMATION OF AGREEMENTS
Offers are valid while stocks last.
A personalized quotation is valid for two (2) weeks, unless a different term is stated in the quotation.
An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer was made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer.
Buyer and Wax-IT expressly agree that a valid agreement can be reached by using electronic forms of communication. In particular, the absence of a regular signature does not affect the binding force of the offer and its acceptance. The electronic files of Wax-IT are considered, to the extent permitted by law, as a presumption of evidence.
Information, images, verbal statements, specifications etc. relating to all offers and the most important characteristics of the products provided by telephone or e-mail are given or made as accurately as possible.
3. PRICES
All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price that Wax-IT has communicated to it in its confirmation in accordance with article 2.3 of these conditions. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can also be corrected by Wax-IT after the agreement has been concluded.
Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, additional conditions apply with regard to the delivery method and any costs. This is clearly communicated to the Buyer.
4. PAYMENT
Orders placed via the Webshop can be paid for in the following ways: - Bank transfer
- Credit card (VISA, MasterCard, American Express)
- BanContact / Mister Cash
- Paypal
For orders via the Shop (showroom) payment can be made in the following ways:
- BanContact
- Cash
Wax-IT may expand the payment options in the future. Other payment options will be made known via the Website.
To ensure secure online payment and the security of your personal data, transaction data is encrypted with SSL technology and sent over the internet. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the "lock" in the bottom status bar of your browser.
In the event that a payment term has been agreed upon by Wax-IT, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed upon in writing under conditions to be set and agreed upon at that time.
If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. Wax-IT is not a party in the relationship between the Buyer and the card issuer.
In the event of non-payment or late payment by the Buyer, the Buyer shall owe interest on the outstanding amount at the statutory interest rate, calculated from the date on which payment should have been made until the date of full payment.
The Buyer shall also be liable for all (extra)judicial costs of any nature whatsoever that Wax-IT has had to incur as a result of the Buyer's failure to meet its (payment) obligations.
In the event of late payment, Wax-IT is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs due.
5. DELIVERY AND DELIVERY TIME
Orders will be delivered as soon as possible. In principle, Wax-IT strives to ship orders placed before 12:00 on a working day the same day. Unless otherwise stipulated, the final delivery period is thirty (30) days after receipt of the order, with the exception of payment via bank transfer, where the final delivery period is 30 days after receipt of payment. Except for a Consumer Buyer, the stated delivery time is only an indication, therefore no rights can be derived from this.
If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Wax-IT strives to report delays to the Buyer by telephone or e-mail within one working day.
Deliveries will be made to the address specified by the Buyer when concluding the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products passes to the Buyer.
Different conditions may apply for deliveries abroad.
If delivery takes place in parts (for example when only some but not all of the ordered products are in stock), Wax-IT has the right to consider each delivery as a separate transaction.
The Buyer is obliged to accept the purchased goods within the agreed term. In the absence thereof, Wax-IT is entitled to demand payment of the purchase price of the part not accepted, or to consider the agreement dissolved without judicial intervention (subject to repayment to the Buyer of any advance payments already made for the product in question).
6. DEFECTS AND COMPLAINT PERIOD
The Buyer is obliged to inspect the products immediately upon receipt. Complaints from the Buyer, which relate to defects in the product or the delivery, which are externally visible, must be notified in writing to Wax-IT by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products could not be delivered to the Buyer).
The Buyer, not being a Consumer Buyer, is not entitled to return the products for which no motivated complaints exist. If this nevertheless occurs without valid reasons, then all costs associated with return shall be borne by the Buyer. In that case, Wax-IT is free to store the products at the expense and risk of the Buyer with third parties and, at the request and expense of the Buyer, to return them to the Buyer.
7. RIGHT OF REVOCATION AND EXCHANGE
When you purchase a product on www.wax-it.be, you, as a consumer, can cancel your purchase for 14 days from the day of delivery.
You have this period of time to inform us of your decision to return the product.
Within 14 days after we have received your order back or you have indicated that you wish to cancel the agreement, we will refund you the full purchase price.
In case the goods are manufactured according to the customer's specifications, they have a personal character and cannot be taken back. As a result, cancellation of an order is not possible.
Wax-IT is never liable for any damage - including theft or loss - that occurs to the packaging or the product during return.
If the product is not received in accordance with the terms of the right of withdrawal, the purchase price will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.
8. RESERVATION OF OWNERSHIP
Ownership of a product will not pass to the Buyer, notwithstanding actual delivery, until the Buyer has made the full payment due for this product, including payment of interest and costs.
The Buyer may not encumber, sell, deliver, alienate or otherwise encumber the products before ownership thereof has been transferred.
9. WARRANTY AND LIABILITY
In principle, the warranty applies to products delivered by Wax-IT, as determined by the manufacturer of the relevant article. If the delivered item does not correspond to the agreement, the Buyer must notify Wax-IT within two months of discovering this. Consumer Buyers are entitled to the rights as included in articles 1649bis to 1649octies of the Civil Code.
If Wax-IT is for any reason obliged to compensate any damage to a Buyer who is not a Consumer Buyer, then such compensation will never exceed an amount equal to the invoice value with respect to the product or service that caused the damage.
Without prejudice to the provisions of this article, there can be no question of warranty in the following cases: if the wear and tear can be considered normal
if changes have been made to or in the product, including repairs that have not been carried out with the permission of Wax-IT or the manufacturer;
if the original invoice cannot be provided, has been altered or made illegible;
if defects are the result of use that does not correspond to the intended purpose or of improper use;
if damage is caused by intent, gross negligence or negligent maintenance.
The Buyer who is not a Consumer Buyer is obliged to indemnify Wax-IT against any claim that third parties may make against Wax-IT in connection with the performance of the agreement (e.g. consequential damage), insofar as the law does not prevent the relevant damage and costs from being borne by the Buyer.
It is possible that Wax-IT includes links on its Website to other websites that may be interesting or informative for the visitor. Such links are purely informative. Wax-IT is not responsible for the content of the website to which reference is made or the use thereof.
If research costs are incurred to identify a defect in the product or part of the product, which is excluded from the warranty, and these costs appear to be excluded from the warranty on the basis of article 9.3, these costs are always for the account of the Buyer. Wax-IT strives to report this in advance. Failure to report this does not release the Buyer from the obligation to pay these costs.
If the repair of a defect involves costs and this repair appears to be excluded from the warranty on the basis of article 9.3, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, she can receive her property back against payment of the investigation costs. If the Buyer has not paid these investigation costs six (6) months after the offer of the cost estimate, the ownership of the product will lapse to Wax-IT.
A reduced warranty may apply to used, second-hand or demonstration models.
10. FORCE MAJEURE
In case of force majeure Wax-IT is not obliged to fulfill its obligations towards the other party. Wax-IT is entitled to suspend its obligations for the duration of the force majeure.
Force majeure is understood to mean any circumstance beyond its control that prevents it from fulfilling its obligations towards the other party in whole or in part. Such circumstances include strikes, fire, operational disruptions, power failures, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time, non-delivery or late delivery by suppliers or other third parties involved and the absence of any permit to be obtained from the government.
11. INTELLECTUAL PROPERTY
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or the Website are vested in Wax-IT, its suppliers or other rights holders.
Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of Wax-IT, its suppliers or other rights holders, unless it concerns purely private use of the product itself.
12. PERSONAL DATA
Wax-IT will only process the Buyer's data in accordance with its Privacy Statement.
Wax-IT complies with the applicable laws and regulations.
13. APPLICABLE LAW AND JURISDICTION
All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes relating to or arising from offers made by Wax-IT, or agreements concluded with it, will be submitted to the competent court in Oudenaarde, unless a mandatory statutory provision expressly designates another court as competent.
14. DISPUTE RESOLUTION AND RESOLUTION
By way of exception to article 13, Consumer Buyers may choose to exercise the right to submit any dispute concerning offers from Wax-IT or the conclusion or execution of an agreement with Wax-IT to the mediation service of the BDMV, provided that it concerns an offer or agreement that was made or concluded via the Website or telephone connection. Such a complaint may be communicated to the BDMV by post (BDMV, attn. Comité van Toezicht, Buro & Design Center, Heizel Esplanade B46, 1020 Brussels), by e-mail (comite@bdma.be) or via the form available on the website www.becommerce.be.
If the Consumer Buyer wishes to submit a dispute to the mediation service of the BDMV, Wax-IT is bound by this choice. If Wax-IT so wishes, the Consumer Buyer must state in writing within five (5) weeks after a written request to that effect from Wax-IT whether he or she also wishes this, or whether he or she wishes the dispute to be handled by the competent court. If Wax-IT does not hear the consumer's choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.
The mediation service shall render its decision under the conditions as set out in the mediation service regulations. Its decisions shall be made by way of binding advice.
15. MISCELLANEOUS PROVISIONS
The registered office and showroom of Wax-IT BVBA is located at 9700 Oudenaarde, Westerring 27i, with KBO number 0821256735. Please send all correspondence regarding an agreement or these conditions to Wax-IT at the aforementioned address or to the e-mail address info@wax-it.be.
The Wax-IT customer service (055 303119) is available for information from Tuesday to Saturday from 9:00 AM to 6:00 PM.
Wax-IT strives to answer the e-mails it receives within 24 hours. If complaints are reported to Wax-IT, the Consumer Buyer will in any case be informed within five (5) working days about the period in which he will receive a proposal from Wax-IT to resolve the dispute.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between Buyer and Wax-IT with respect to the subject matter contained herein.