General Terms and Conditions Webshop
GENERAL CONDITIONS OF DISTANCE SELLING: LAMBRECHTS GARDEN MACHINERY
1. DEFINITIONS
1.1 “Lambrechts Tuinmachines”: the private company with limited liability “LAMBRECHTS TUINMACHINES”, with its registered office at Omleiding 125 3020 Herent, registered in the Leuven register of legal entities under number 0429.419.196 and known to the VAT administration under number BE 0429.419.196.
1.2 “General Terms and Conditions” means these General Terms and Conditions of Sale and Delivery.
1.3 “Buyer”: any natural person or legal entity which purchases one or more product(s) and/or services by telephone or via e-mail addressed to Lambrechts Tuinmachines or via the Website, places an order for these or requests a quotation, and any person who, in the name and/or on behalf of another natural person or legal entity, purchases one or more product(s) and/or services by telephone or via e-mail addressed to Lambrechts Tuinmachines or via the Website, places an order for these or requests a quotation.
1.4 “Consumer”: any Buyer who exclusively for non-professional purposes purchases one or more product(s) and/or services by telephone or by e-mail addressed to Lambrechts Tuinmachines or via the Website or places an order or requests a quotation for this purpose.
1.5 “Website” means www.lambrechts-tuinmachines.be.
1.6 “Letter of Complaint” means a letter (electronic or otherwise), accurately stating the products and/or services purchased, detailing the complaint, non-conformity and/or defect, and giving the reference number of the following documents (as applicable): the Buyer’s order, the Order Confirmation, as defined below, the delivery note and the invoice.
2. APPLICABILITY
2.1 The legal relationship between the Buyer and Lambrechts Tuinmachines and everything related to this is exclusively subject to the following standards: (in hierarchically descending order, the following in the absence or silence of the previous one) (1) the written and signed special agreement; (2) the Order Confirmation; (3) these General Terms and Conditions; (4) Articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law. Lambrechts Tuinmachines rejects all other standards and conditions, with the sole exception of those that Lambrechts Tuinmachines has expressly agreed in writing with the Buyer. These expressly accepted derogations in writing are only valid for the agreement to which they relate and cannot be invoked in any other, even similar, agreements. The Buyer accepts that these Terms and Conditions shall be the only ones applicable, to the exclusion of its own general or specific (purchase) terms and conditions, even if these should stipulate that they are the only ones applicable.
By using the Website, by filling the digital shopping cart on the Website, by placing an order by telephone and/or by e-mail addressed to Lambrechts Tuinmachines and/or by entering into any agreement via the Website, the Buyer declares to have taken cognizance of and to agree with these General Terms and Conditions and all other rights and obligations as stated on the Website. In these cases, the Buyer is also bound by these General Terms and Conditions and the aforementioned rights and obligations.
2.2 These General Terms and Conditions do not affect the legal rights imperatively granted to the Buyer under applicable national consumer protection laws.
2.3 The possible nullity of one of the provisions of these General Terms and Conditions or part of a provision does not affect the applicability of the other provisions and/or the rest of the provision. In the event of the nullity of one of the provisions, Lambrechts Tuinmachines and the Buyer shall, to the extent possible and according to their loyalty and conviction, negotiate to replace the null and void provision with an equivalent provision that complies with the general spirit of these General Terms and Conditions.
2.4 Should Lambrechts Tuinmachines possibly or even repeatedly fail to enforce or apply one or more of the rights enumerated in these General Terms and Conditions, then this can only be regarded as tolerating a certain situation and does not lead to legal processing. Such failure can never be seen as a renunciation of such provision(s) and will never affect the validity of these rights.
2.5 Lambrechts Tuinmachines is always entitled to amend these General Terms and Conditions. It is the Buyer’s responsibility to regularly consult these General Terms and Conditions.
3. OFFER, ORDER – ESTABLISHMENT OF ONLINE PURCHASE
3.1 Any offer on the Website, in catalogs, newsletters, leaflets and other advertising announcements is for information purposes only. Lambrechts Tuinmachines may amend or withdraw offers at any time. Offers are in any case only valid while stocks last. Obvious mistakes and/or obvious errors in the offer do not bind Lambrechts Tuinmachines. Despite the fact that the catalogs, newsletters, folders, Website and other advertising announcements are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Lambrechts Tuinmachines is only bound by an obligation of means for the accuracy, updating or completeness of the information offered. Lambrechts Tuinmachines is in no way liable for material errors, typesetting or printing errors.
3.2 Quotations and offers of Lambrechts Tuinmachines are entirely without obligation and can only be regarded as an invitation to purchase or to place an order by the Buyer, unless expressly stated otherwise. An offer and/or quotation is only valid for the specific order to which it relates and therefore does not automatically apply to subsequent (even similar) orders.
3.3 The agreement between Lambrechts Tuinmachines and the Buyer is only concluded after the Buyer has placed an order, either by telephone, via the Website or by e-mail addressed to Lambrechts Tuinmachines and Lambrechts Tuinmachines confirms this order in writing (e.g. via e-mail) or starts executing the order (hereinafter referred to as the “Order Confirmation”).
3.4 Lambrechts Tuinmachines always reserves the right – without giving reasons – to refuse orders.
3.5 Lambrechts Tuinmachines reserves the right to cancel the order and/or the contract in whole or in part, without any form of compensation and without any right of recourse against Lambrechts Tuinmachines, if certain products are not in stock.
3.6 If an order and/or agreement is cancelled by or on behalf of a Buyer who cannot be regarded as a Consumer, this Buyer is obliged to pay fixed compensation of 25% of the total invoice amount, without prejudice to Lambrechts Tuinmachines’s explicit right to claim higher compensation if proof is provided to this effect. The Consumer is only bound to pay the aforementioned compensation of 25% of the total invoice amount, without prejudice to the right to claim higher compensation if proof is provided to this effect, if he cancels the order and/or contract with regard to a product and/or service to which the right of withdrawal does not apply.
3.7 The Consumer may cancel an order and/or agreement relating to a product and/or service to which the right of withdrawal applies, before it has been sent, free of charge by contacting the customer service department of Lambrechts Tuinmachines at verkoop@lambrechts-tuinmachines.be. Cancellation of such an order and/or agreement by the Consumer after it has been sent must be done in accordance with the procedure for revocation, as provided for in Article 4 of these General Terms and Conditions.
4. RIGHT OF WITHDRAWAL
4.1 The Consumer has a right of withdrawal with regard to the products and/or services described below, purchased via the Website, by telephone or by e-mail addressed to Lambrechts Tuinmachines. Pursuant to Book VI Market Practices & Consumer Protection of the Code of Economic Law, the Consumer has the right to revoke the agreement within a period of 14 calendar days without giving reasons. This withdrawal period expires, as far as products are concerned, on the fourteenth calendar day after the day on which the Consumer or a third party designated by him, who is not the carrier, takes physical possession of the product and, as far as services are concerned, on the fourteenth calendar day after the day of the order.
4.2 In order to exercise the right of withdrawal, the Consumer must inform Lambrechts Tuinmachines of his decision to withdraw from the contract by means of an unequivocal statement by post (Diversion 125 3020 Herent) or by e-mail (verkoop@lambrechts-tuinmachines.be). In order to comply with the withdrawal period, it is sufficient for the Consumer to send his communication regarding the exercise of the right of withdrawal before the withdrawal period has expired. A model withdrawal form can be found at: https://economie.fgov.be/
4.3 The Consumer acknowledges that the delivery of the services will take place only after 14 calendar days unless faster delivery is agreed upon at his express request, which implies a waiver of the right of withdrawal by the Consumer.
4.4 The Consumer must send back or hand back the products to Lambrechts Tuinmachines without delay, but in any case no later than 14 calendar days after the day on which he communicated the decision to withdraw from the agreement to Lambrechts Tuinmachines. The return is timely if the Consumer sends the products before the period of 14 calendar days has expired. The direct costs of returning the products shall be borne by the Consumer, unless otherwise agreed. The returned product must not have been used and must be in the same condition as at the time of delivery. In addition, the product must be returned in the original packaging in which the product was sent, whether or not opened and including all accessories supplied with the product, so that Lambrechts Tuinmachines can still resell the product to a third party after revocation. The Consumer is liable for the decrease in value of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.
4.5 If the Consumer revokes the agreement, the Consumer will receive back from Lambrechts Tuinmachines all payments he has made at that time with regard to the product and/or service in question, including delivery costs (with the exception of any extra costs resulting from the Consumer’s choice of a mode of delivery other than the cheapest standard delivery offered by Lambrechts Tuinmachines) without delay and – subject to what is stated below – no later than 14 calendar days after Lambrechts Tuinmachines has been informed of the Consumer’s decision to revoke the agreement, taking into account what is stipulated in Article 12.2 of these General Terms and Conditions. Lambrechts Tuinmachines will then repay the Consumer using the same means of payment with which the Consumer made the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not have to pay any costs for such refunds. Lambrechts Tuinmachines may wait with the refund until it has received the products back or the Consumer has demonstrated that he has returned the products, whichever time comes first. If the Consumer partially revokes the agreement (for example: Consumer purchases 2 products and returns 1 upon revocation), Lambrechts Tuinmachines will refund the delivery costs: a) either pro rata, if the extent of the shipping costs was determined based on the weight of or the number of products ordered; b) not refund, (in whole or in part) if the shipping costs were determined at a flat rate.
4.6 The right of withdrawal does not apply inter alia (but without limitation thereto) to: a) fully performed service contracts if the performance has begun with the Consumer’s express prior consent; b) contracts where the Consumer specifically requests the company to visit him in order to perform urgent repairs or maintenance there; c) the delivery of products and/or services that are tailor-made for the Buyer or clearly intended for the Buyer d) the delivery of goods which spoil quickly or have a limited shelf life; e) the delivery of sealed goods which are not suitable to be returned for reasons of health protection or hygiene and whose seal is broken after delivery and f) the delivery of goods which, after delivery, are by their nature irrevocably mixed with other products.
4.7 Under no circumstances does a professional Buyer have the right of withdrawal.
5. PRICE AND COSTS
5.1 The quoted price refers only to the products and/or services as they are described verbatim. Materials, accessories, accessories not mentioned in the information about a particular product and/or service are not included. The accompanying photo is for decorative purposes and may contain elements not included in the quoted price.
5.2 All prices are expressed in Euro and include VAT, any import/export duties and reservation and/or administration fees, but exclude any delivery or shipping costs.
Unless expressly stated otherwise, shipping costs are not included. Indeed, they depend on the delivery method chosen, the weight of the products, the delivery address, etc.
5.3 If the Buyer expressly opts for delivery to the address chosen by him, and the shipping cost in question was not communicated in advance, the Buyer must contact Lambrechts Tuinmachines (016/22.86.44 or by e-mail to info@lambrechts-tuinmachines.be) for the exact costs he must bear with regard to shipping and/or transport. Immediately upon learning of the exact costs, the Buyer has the option to cancel the order free of charge. The chosen delivery method and final delivery costs, once agreed upon, will also be stated on the Order Confirmation.
5.4 Additional costs associated with the Buyer’s choice of payment option may be charged by Lambrechts Tuinmachines.
5.5 Lambrechts Tuinmachines reserves the right to change the prices stated on the Website, in catalogs, newsletters, leaflets and other publicity announcements at any time. Nevertheless, the products and/or services are invoiced on the basis of the rates in force at the time the order was accepted. Manifest errors, manipulations or mistakes (such as obvious inaccuracies) can be rectified by Lambrechts Tuinmachines even after the agreement has been concluded.
5.6 Currency fluctuations, increases in material prices and raw materials, wages, salaries, social security contributions, government-imposed costs, (environmental) levies and taxes, transport costs, import and export duties or insurance premiums (purely exemplary list), which occur between the Order Confirmation and the delivery of the products and/or services may give rise to an increase in the price. However, if the price is increased, the Consumer has the right, within 48 hours, to dissolve the contract without cost. This dissolution cannot give rise to the payment of any compensation by Lambrechts Tuinmachines.
6. DELIVERY
6.1 Unless expressly agreed otherwise, the purchased products and/or services will be delivered only after Lambrechts Tuinmachines has received payment.
6.2 Unless expressly agreed otherwise, deliveries are made in accordance with the Incoterm® “Ex Works” (EXW) (Incoterms® 2010) by means of collection by the Buyer at the address of Lambrechts Tuinmachines. The risk with regard to the products (for example, with regard to damage, destruction and disappearance) therefore passes at the time the products are made available for collection. At that moment, Lambrechts Tuinmachines is also released from its delivery obligation.
6.3 In the absence of collection within five (5) working days, the Buyer owes a storage fee of 1% of the full invoice amount per week. As soon as the scheduled date of collection is exceeded by ten (10) working days, Lambrechts Tuinmachines is entitled to dissolve the contract with the Purchaser, without prior notice of default and without judicial intervention, with effect from the date of dispatch of the dissolution. In this case, the Buyer owes liquidated damages equal to 35% of the total invoice amount, without prejudice to Lambrechts Tuinmachines’ right to prove higher damages.
6.4 If Lambrechts Tuinmachines and the Buyer expressly agree in writing that delivery by Lambrechts Tuinmachines will take place at an address chosen by the Buyer, then this will take place in accordance with the Incoterm® “Delivery Duty Paid” (DDP) (Incoterms® 2010). Consequently, the risk in relation to the products (for example, in terms of, damage, destruction and disappearance) passes at the time the products are delivered to the address indicated by the Buyer. At that moment, Lambrechts Tuinmachines is also released from its delivery obligation.
6.5 In the absence of the Buyer upon delivery at the delivery address indicated by him, a message will be left by the transport service or Lambrechts Tuinmachines with a view to contact between Lambrechts Tuinmachines and the Buyer. After contacting the Buyer, a second attempt will be made to deliver the products at the Buyer’s expense. In the absence of any response from the Buyer within a period of ten (10) working days after the first attempt at delivery or in the absence of the Buyer at the second attempt at delivery, Lambrechts Tuinmachines is entitled to unilaterally dissolve the agreement by sending a registered letter to this effect. The costs associated with this (such as, but not limited to transport costs, taxes, VAT, storage costs, etc.) are payable by the Buyer. Any price already paid by the Buyer will be refunded by Lambrechts Tuinmachines, less the aforementioned costs and any costs associated with this.
6.6 Lambrechts Tuinmachines endeavours to deliver the purchased products and/or services as quickly as possible. However, the delivery period, including those on offers, orders and Order Confirmations, is always indicative and is not an essential component of Lambrechts Tuinmachines’s obligations to the Purchaser. Exceeding the communicated delivery period can never give rise to the payment of any compensation or to the dissolution of the agreement between Lambrechts Tuinmachines and the Buyer. In any case, Lambrechts Tuinmachines can never be held liable for delays caused by the Buyer or third parties.
Changes to the order will automatically result in the lapse of the predetermined probable delivery dates.
6.7 Any delivery not explicitly provided for in the Agreement and/or Order Confirmation shall be deemed to be an additional delivery at the Buyer’s request and shall be charged as such.
6.8 Lambrechts Tuinmachines always reserves the right to split deliveries or to attach other conditions to the delivery.
7. BILLING AND PAYMENT
7.1 Except as expressly agreed otherwise, the Buyer shall always pay invoices in full in advance and shall bear any costs associated with such payment.
7.2 Unless expressly agreed otherwise, all invoices are payable in cash at the registered office of Lambrechts Tuinmachines or in accordance with the payment methods offered by the Website.
7.3 The Buyer must notify Lambrechts Tuinmachines by Letter of Complaint of his complaints with regard to invoices, under penalty of inadmissibility, within a period of eight (8) working days after the invoice date. These complaints do not release the Buyer from its payment obligation.
7.4 In case of non-payment, or incomplete payment on the due date of any of the invoices: (1) an annual interest rate of 12%, capitalized annually, applies by operation of law and without prior notice of default; (2) the Buyer shall be liable, by operation of law and without prior notice of default, for liquidated damages equal to 10% of the invoice amount with a minimum of twenty-five euros (€25.00) per invoice; (3) the Buyer shall be liable, by operation of law and without prior notice of default, for all judicial and extrajudicial collection costs; (4) all other, even non-due invoices of Lambrechts Tuinmachines to the Purchaser become immediately due and payable, by operation of law and without prior notice of default; and (5) Lambrechts Tuinmachines is entitled to reclaim the delivered products from the Purchaser, to suspend and/or dissolve the (further) performance of the relevant and/or one or more other agreements with the Purchaser, without prior notice of default or judicial intervention being required.
Points (4) and (5) are also applicable in the event of (imminent) bankruptcy, judicial or conventional dissolution, application of the Belgian Act dd. 31 January 2009 on the continuity of enterprises, payment arrears, or any other fact as a result of which Lambrechts Tuinmachines reasonably loses confidence in the Buyer’s creditworthiness.
7.5 Acceptance of partial payment is subject to all reservations and will be charged in the following order: (1) collection costs, (2) damages, (3) interest; (4) principal sums.
7.6 The entry of the outgoing invoice in the outgoing invoice book of Lambrechts Tuinmachines counts as a presumption of dispatch and receipt of the invoice in question.
7.7 By ordering a product and/or service, the Buyer expressly agrees to the use of electronic invoicing by Lambrechts Tuinmachines, subject to written deviation between the parties.
8. RETENTION OF TITLE
8.1 The delivered products remain the exclusive property of Lambrechts Tuinmachines until the time of full payment of the principal sum, interest and costs by the Buyer. Until such time, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before having fully and correctly paid the aforementioned amounts, the aforementioned right passes to the resulting sales price. However, the risk of loss or damage shall pass to the Buyer as of delivery. The Buyer undertakes, if necessary, to point out Lambrechts Tuinmachines’s retention of title to third parties (for example, to anyone who would seize items which have not yet been paid for in full).
8.2 In the event of non-payment or incomplete payment on the due date of one of the invoices, Lambrechts Tuinmachines is legally entitled, without prior notice of default, to recover the products already delivered from the Purchaser. If Lambrechts Tuinmachines receives the products back and these are still in good condition (this includes evaluating the correct use and storage of these products), the sums already paid will be refunded to the Buyer after deduction of: (1) the loss of profit, estimated at a flat-rate of 15% of the total invoice amount; and (2) a flat-rate compensation of 5% of the total invoice amount, for the (additional) management and administration costs. All this applies without prejudice to Lambrechts Tuinmachines’s right to prove higher damages.
9. ACCEPTANCE, (CONVENTIONAL) WARRANTY AND COMPLAINTS
9.1 The Buyer must perform an initial verification immediately upon taking delivery of the purchased products and/or services. This immediate verification obligation includes (purely exemplary enumeration): quantity, conformity of delivery, visible defects, correct location(s), etc. The Buyer must notify Lambrechts Tuinmachines of immediately verifiable deviations, on pain of lapse, within 72 hours of delivery by Letter of Complaint (by post or via info@lambrechts-tuinmachines.be), failing which the Buyer is deemed to accept the delivered products and/or services as agreed.
9.2 The putting into use, processing, repackaging, and/or reselling of the products and/or services provided by Lambrechts Tuinmachines is deemed to be approval and acceptance, constitutes final delivery of the relevant products and/or services, and releases Lambrechts Tuinmachines from its responsibilities and liability in accordance with Article 10 of the General Terms and Conditions.
9.3 Unless otherwise stipulated, complaints by the Buyer with regard to hidden defects in the delivered products and/or services must be reported to Lambrechts Tuinmachines within a period of 72 hours after discovery of the defect and no later than 6 months after the date of purchase by Complaint letter (by post or e-mail).
9.4 The Consumer reports such complaints to Lambrechts Tuinmachines within the statutory warranty period, on the understanding that Lambrechts Tuinmachines will not be liable for any loss of quality that would arise from causes inherent in the nature of the product and/or service (such as, among other things, but not limited to normal aging) or from improper handling or use by the Buyer.
9.5 In the event of justified complaints that are reported to Lambrechts Tuinmachines in a timely and correct manner, Lambrechts Tuinmachines will, at its own option and discretion: (1) replace the defective products and/or services, or (2) credit the faulty part at the price indicated in the agreement or, failing this, in the Order Confirmation.
The Buyer acknowledges that these measures each separately constitute full and adequate compensation for any possible damage resulting from any defects and accepts that the implementation of these measures cannot be considered as an acceptance of liability by Lambrechts Tuinmachines.
9.6 Under no circumstances may the Buyer return any products to Lambrechts Tuinmachines on the basis of this Clause 9 without the prior written consent of the latter. Lambrechts Tuinmachines reserves the right, together with the Purchaser, to go on site to ascertain the defects and verify the cause thereof. If necessary, Lambrechts Tuinmachines will contact the buyer in order to arrange the practical return of products accepted by Lambrechts Tuinmachines, whereby Lambrechts Tuinmachines will bear the costs in the event of a justified complaint.
9.7 The possible replacement of products and/or services cannot give rise to the payment of any compensation, nor to the dissolution of the agreement between Lambrechts Tuinmachines and the Buyer.
9.8 Under no circumstances shall complaints and/or any (partial) replacement of products and/or services relieve the Buyer of its payment obligation within the period(s) set forth in the written agreement, the Order Confirmation, these General Terms and Conditions, and/or the respective invoice.
9.9 The Buyer is obliged to reimburse expenses incurred as a result of unjustified complaints.
9.10 If Lambrechts Tuinmachines and/or the producer of a particular product and/or service grants the Buyer a specific guarantee in relation to this product and/or service, then the conditions as communicated by Lambrechts Tuinmachines and/or the producer in question apply to this guarantee. If necessary, the Buyer must always comply with these terms and conditions in order to be able to invoke this guarantee.
10. LIABILITY
10.1 Lambrechts Tuinmachines’s liability is limited to the liability mandated by law and is in any case limited to the lesser of the following two amounts: (1) the respective invoice amount (excluding VAT); (2) the amount that Lambrechts Tuinmachines receives from its insurer in the context of the respective liability case pursuant to the third-party liability policy entered into by Lambrechts Tuinmachines.
10.2 Lambrechts Tuinmachines is in no way liable for: (1) indirect damage (including, but without being limited to, loss of turnover, damage to third parties), (2) defects caused directly or indirectly by the act of the Purchaser or of a third party, whether or not this act constitutes a fault or negligence, (3) damage resulting from the wrong or inappropriate use of the purchased products and/or services nor for an unintended and/or unwanted interaction resulting from a simultaneous use of the product and/or service with other products and/or services, (4) damages resulting from the non-compliance by the Purchaser, its staff or employees and/or the end user with legal and/or other obligations.
10.3 The Buyer is solely responsible with respect to the resale of the purchased products and/or services, and guarantees to comply with all obligations (legal and otherwise) in this respect.
11. RELEASE
11.1 The Buyer shall fully indemnify and defend Lambrechts Tuinmachines against all claims and proceedings, including the claims and proceedings of third parties, which may arise from, or result from, any act or omission of the Buyer, contrary to the written agreement, the Order Confirmation, these General Terms and Conditions, and/or other (legal) obligations of the Buyer.
11.2 The Buyer shall indemnify Lambrechts Tuinmachines for all damages, including court and other costs, which arise as a result of its defense regarding the claims and/or procedures mentioned in clause 11.1 of these General Terms and Conditions.
12. PROMOTIONS
12.1 Promotional awards by Lambrechts Tuinmachines, in whatever form (such as, but not limited to price reductions, discount vouchers, free shipping, etc.) must always be used in accordance with the guidelines, as expressly indicated in this regard. In any case, these can only relate to one (1) order, are not cumulative and have a personal character.
12.2 If the Consumer makes use of the right of withdrawal for products and/or services that have been the subject of a promotional – action, Lambrechts Tuinmachines reserves the right to recalculate the price of the products and/or services that have not been the subject of the withdrawal. For example: promotional action according to which, when purchasing product A, product B can be obtained at half price. The Buyer revokes product A. In this case, the promotional conditions are no longer fulfilled and the full price for product B will have to be paid. In this case, Lambrechts Tuinmachines will refund the money, in accordance with Article 4 of these General Terms and Conditions, minus the additional part that must still be paid for product B.
13. FORCE MAJEURE AND HARDSHIP
13.1 Lambrechts Tuinmachines is not liable for a failure to fulfill its obligations caused by force majeure or hardship.
13.2 In the event of force majeure or hardship, Lambrechts Tuinmachines may, at its own option and discretion, without any prior notice of default or judicial future being required, and without any right of recourse against. Lambrechts Tuinmachines: (1) propose to the Purchaser to replace the missing products and/or services with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) extrajudicially dissolve the agreement between Lambrechts Tuinmachines and the Purchaser; and/or (4) invite the Purchaser to renegotiate the agreement between Lambrechts Tuinmachines and the Purchaser.
If the Buyer does not participate in good faith in these renegotiations, Lambrechts Tuinmachines may, in accordance with Article 18 of these General Terms and Conditions, request the mediator to determine new contract terms and/or to order the Buyer to pay damages.
13.3 Force majeure and hardship, shall include (purely exemplary enumeration): unavailability and/or scarcity of certain materials; scarcity of raw materials; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security contributions, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums, occurring between the Order Confirmation and the delivery of the products and/or services; icy conditions; special weather conditions; strike; mobilization; war; illness; accidents; communication and information technology failures; government measures; export prohibition; delay in supply; transport and/or movement impediments; including lack or withdrawal of transport possibilities; export impediments; import impediments; breakdown; traffic jam; etc.
14. NETTING
14.1 In accordance with the Financial Securities Act of 15 December 2004, Lambrechts Tuinmachines and the Purchaser automatically and by operation of law set off and settle all currently existing and future claims vis-à-vis one another. This means that in the permanent relationship between Lambrechts Tuinmachines and the Purchaser, only the largest claim remains on balance after the aforementioned automatic set-off.
14.2 This set-off will in any case be opposable to the receiver and the other concurrent creditors, who will therefore not be able to oppose the set-off carried out by the Buyer and Lambrechts Tuinmachines.
15. SUSPENSION AND DISSOLUTION
15.1 In the event of any change in the Buyer’s situation, such as death, conversion, merger, takeover, transfer, liquidation, cessation of payment, collective or amicable agreement, request for a postponement of payment, cessation of activity, seizure or any other circumstance which could harm confidence in the Buyer’s creditworthiness, Lambrechts Tuinmachines reserves the right, on account of that mere fact, to: either suspend the performance of one or more agreements with the Buyer until the Buyer provides sufficient securities for his payment; or declare one or more agreements with the Buyer to be dissolved from the date of dispatch of the dissolution, without prior notice of default and without judicial intervention, without prejudice to Lambrechts Tuinmachines’s right to claim additional compensation.
15.2 If the agreement between Lambrechts Tuinmachines and the Buyer is terminated, whether or not by application of the right of dissolution described in Article 15.1 of these General Terms and Conditions, the Buyer loses the right to demand that Lambrechts Tuinmachines fulfills its obligations with regard to the terminated agreement.
16. INTELLECTUAL PROPERTY
Lambrechts Tuinmachines remains the exclusive holder of all intellectual property rights which it holds to the products and/or services provided by it.
17. PERSONAL DATA AND IMAGERY
17.1 The Buyer authorizes Lambrechts Tuinmachines to include the personal data provided by the Buyer in an automated database. These data will be used with a view to conducting information or promotional campaigns in connection with the products and/or services offered by Lambrechts Tuinmachines. The Buyer authorizes Lambrechts Tuinmachines to transfer this data to third parties for the processing of the order.
17.2 The Buyer can always request communication and correction of his or her data. If the Buyer no longer wishes to receive commercial information from Lambrechts Tuinmachines, the Buyer must inform Lambrechts Tuinmachines of this: a) by post: BV Lambrechts Tuinmachines, Omleiding 125, 3020 Herent or b) by e-mail: info@lambrechts-tuinmachines.be
17.3 The Buyer grants Lambrechts Tuinmachines permission to use visual material of the products and/or services delivered to the Buyer for: (purely exemplary enumeration) general information, advertising purposes, publication on the Website, publication in folder(s), etc.
17.4 Lambrechts Tuinmachines undertakes, in the context of the protection of personal data, to the best of its ability, to take appropriate technical and organizational measures necessary for the protection of any personal data processed by it against accidental or unauthorized destruction, against accidental loss, as well as against the alteration of or access to, and against any other unauthorized processing of such personal data.
18. DISCLOSURES
18.1 Lambrechts Tuinmachines and the Buyer undertake to apply the CEPANI mediation regulations for all disputes that may arise from or in connection with this agreement. The place of the mediation is Leuven. The language of the mediation is Dutch.
18.2 If mediation fails, the dispute shall be finally settled according to the CEPANI Arbitration Rules, by a single arbitrator appointed in accordance with these Rules.
18.3 The Consumer also always has the option of filing a complaint directly online on the European Commission’s website through the Online Dispute Resolution platform: http://ec.europa.eu/odr/.