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Terms of sale

1) Application of general terms and conditions:

The following general terms and conditions apply to every purchase and/or sales agreement with every visitor to the website, hereinafter referred to as the customer, with Willy Naessens Swimming Pools N.V. with registered office at KORTRIJKSTRAAT 66, 9790 WORTEGEM-PETEGEM.

Seller's identity:

Name: Willy Naessens Swimming Pools nv

Trading under the names: Willy Naessens Swimming Pools, Zwembad.be, Piscineshop.be en webshop.swimmingpools.be

Place of business – Registered office:

Kortrijkstraat 66 - 9790 Wortegem-Petegem

Postal address:

Kortrijkstraat 66 - 9790 Wortegem-Petegem

Telephone no.:

+32 55 390 390

Accessibility:

Mon-Fri: 8-12h and 13-18h

E-mail address: info@swimmingpools.be

Enterprise number: BE0471.605.486

RPR Oudenaarde

These terms and conditions shall also apply in full to the sale/order of goods via the websites linked to Willy Naessens Swimming Pools, including: www.filterco.be, www.swimmingpools.be, www.piscineshop.be, www.zwembad.be and www.facebook.com/WillyWebshop.

Without prejudice to the customer’s legal rights under the applicable national consumer protection legislation, the customer states that, by placing an order/making a purchase, he/she is aware of the general terms and conditions of WILLY NAESSENS SWIMMING POOLS, which he/she accepts. The customer is the only person responsible for actually reading the version of the General Terms and Conditions in effect when he/she places an Order. These terms and conditions always prevail over any terms and conditions of the customer, even if the latter states that they are the only ones valid. The customer's terms and conditions may never be applicable.

These general terms and conditions shall not be applicable when work and services are performed by WILLY NAESSENS SWIMMING POOLS on the customer's premises. In that event, the contracting terms and conditions of WILLY NAESSENS SWIMMING POOLS shall apply. You may obtain them by sending an e-mail to info@swimmingpools.be.

Should one or more of the provisions from these terms and conditions be declared null and void, this shall not have any impact on the application of the other clauses. In that case, both parties will negotiate to replace this provision with an equivalent provision that corresponds to the general spirit of these general terms and conditions.

The fact that WILLY NAESSENS SWIMMING POOLS does not insist on one of the provisions of these terms and conditions being strictly applied may not be regarded as an implied waiver of the rights of WILLY NAESSENS SWIMMING POOLS under these terms and conditions and shall not prevent WILLY NAESSENS SWIMMING POOLS from later demanding strict compliance with said provisions.

WILLY NAESSENS SWIMMING POOLS reserves the right to adapt or modify its general terms and conditions at any time. It is the customer's responsibility to consult these terms and conditions regularly.

 

2) The offer:

The offer is shown on the website.

If an offer is available for a limited period of time or is made subject to conditions, this shall be expressly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to assess the offer properly. If WILLY NAESSENS SWIMMING POOLS uses images, these will be a true reflection of the products and/or services offered. Obvious mistakes and obvious errors in the offer shall not bind WILLY NAESSENS SWIMMING POOLS.

Each offer shall contain information in such a way that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

The price, including VAT

Delivery costs

Method of establishing the agreement

Applicability of the right of withdrawal

Method of payment, delivery and execution of the agreement

Deadline for acceptance of the offer, duration of guaranteed price

3) Order – Conclusion of the agreement:

An agreement is concluded when the customer sends the order electronically and makes a full payment on the Ogone payment platform or by sending an e-mail that contains an order. Any changes or additions after the conclusion of the agreement are only valid with the written consent of both parties.

In the event that the customer signs both in his own name and on behalf of the company for which he acts, both are jointly and severally liable for payment of the full amount owed as provided for in these terms and conditions. If, after the conclusion of the agreement, the buyer requests that the ordered goods be invoiced to another company or to several companies, then the latter must provide the correct and accurate details and the buyer bears full responsibility for same. In any event, the buyer and all other companies involved in this will remain jointly and severally liable and responsible for the execution of all obligations arising from this agreement, even if they have not co-signed the special and/or general terms and conditions.

Notwithstanding any right of withdrawal on the part of the customer, WILLY NAESSENS SWIMMING POOLS reserves the right, in the event of a cancellation of a purchase/order, even partial, to charge the customer for compensation up to the amount of 25% of the price of the cancelled purchase/order with a minimum of EUR 50, without prejudice to the right of WILLY NAESSENS SWIMMING POOLS to claim higher proven damages.

 4) Applicable prices:

The goods are sold at the prices applicable on the date of the purchase, subject to any price changes as a consequence of changes in VAT, government decisions, etc.

For online purchases, the prices or offers shown on the website apply at the time of the online purchase. Prices indicated in the shop or on the website may change at any time but are fixed at the time of the order by the customer and acceptance by WILLY NAESSENS SWIMMING POOLS.

All prices are expressed in euros and include VAT but are exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise. Any costs for delivery, shipping and/or installation will always be stated separately.

 5) Deliveries

WILLY NAESSENS SWIMMING POOLS undertakes to deliver the Products to the delivery address that the customer submitted with his/her order and within the time period or deadline indicated by WILLY NAESSENS SWIMMING POOLS at the time of the order. The expected time of delivery, or the time at which an agreed service will be performed, is always approximate. Failure to meet the foreseen deadline may under no circumstances give rise to penalties, compensation, substitution or dissolution of the agreement at the expense of WILLY NAESSENS SWIMMING POOLS, nor shall WILLY NAESSENS SWIMMING POOLS be liable for loss, liability, value, damage, outlay or expenses resulting from late delivery.

Changes to the order by the customer automatically cancel the pre-set delivery times.

WILLY NAESSENS SWIMMING POOLS shall in no event be liable for delays that occur as the result of any shortcomings on the part of suppliers of WILLY NAESSENS SWIMMING POOLS, the customer or any other third parties. Failure to meet a delivery deadline does not relieve the customer of his obligations.

Unless expressly agreed otherwise, the goods are always delivered to the address given by the customer. Should the customer be absent when the goods are delivered, the goods will be offered again, but the customer shall be responsible for at least the transport costs associated with the second delivery.

If delivery or collection is delayed by an unreasonable refusal to accept the delivery or if the delivery or collection is not accepted by the transport company, the following measures may be taken:

a) the storage costs and all other costs incurred may be charged; and

b) the Product may be made unavailable for delivery or collection and the agreement cancelled. WILLY NAESSENS SWIMMING POOLS will, in that case, refund you or your credit or debit card institution any amount that has already been paid by you to us within the framework of the relevant Contract, minus the reasonable administration costs incurred by us (including those for the attempted delivery and subsequent return of the Product, as well as all other storage costs as per above).

Under the Regulations of Distance Selling, WILLY NAESSENS SWIMMING POOLS will execute orders at least within 30 days. If this is not possible (because the ordered item is not in stock or is no longer available), or there is a delay for any other reasons, or an order cannot be executed or only partially, then the consumer will be so notified within one month of placing the order and, in that case, shall have the right to cancel the order without cost or notice of default.

The delivery obligation of WILLY NAESSENS SWIMMING POOLS will, subject to proof to the contrary, have been met as soon as the goods, delivered by WILLY NAESSENS SWIMMING POOLS, have been presented to the customer once. In the case of home delivery, the report of the carrier, which mentions refusal of acceptance, shall serve as full proof of the offered delivery.

All times mentioned on the Internet site are indicative. No rights may therefore be derived from the times mentioned.

The way in which the shipment takes place and the transport means shall be reasonably determined by WILLY NAESSENS SWIMMING POOLS. Delivery takes place at the front door at ground level or next to the truck. The customer is obliged to do what is reasonably necessary or desirable to make a timely delivery possible. WILLY NAESSENS SWIMMING POOLS may assume that the goods can be delivered with conventional simple means of transport at easily accessible places in a customary manner. If the transport and/or unloading entail additional costs as a result of the absence of these possibilities, the customer shall pay these extra costs. The goods to be delivered are at the customer’s risk from the time of delivery.

All risks associated with the Product will pass to the customer from the start of the transport.

The customer should be careful when opening the product so as not to damage it, especially when using sharp objects. The customer declares that he/she will be available to receive the Product in an appropriate manner, without undue delay and at any time within reason specified by WILLY NAESSENS SWIMMING POOLS.

 6) Time of payment

Unless expressly agreed otherwise, all purchases must be paid for by the customer on the date of ordering the goods, at the time the agreement is concluded.

Unless expressly agreed otherwise, all invoices of WILLY NAESSENS SWIMMING POOLS are also always payable in cash on the invoice date, without any discount and this where the purchase/collection takes place. Invoices may be validly contested only by registered letter within eight days (due date) of the invoice date. The letter must include the invoice date and number and give a detailed justification.

WILLY NAESSENS SWIMMING POOLS shall be entitled to retain the goods and not to deliver them if they have not been paid in full at the time of order. For online orders, the customer can pay directly online via a special payment module provided on the WILLY NAESSENS SWIMMING POOLS website or via a traditional bank transfer to the WILLY NAESSENS SWIMMING POOLS account. In the latter case, the ordered goods are held for the customer for five days from the order confirmation, pending receipt of the payment. If no payment is received within this time, WILLY NAESSENS SWIMMING POOLS shall have the right to cancel the online order, without any compensation being due.

As lump sum compensation to cover extrajudicial collection costs incurred as a result of the non-payment or late payment of invoices, any invoices that have not been paid or not paid on time on their due date shall, without prior notice of default to this end, be increased by a fixed and irrevocable sum of 15% of the full invoice amount, regardless of any partial payment with a minimum of € 75, plus late interest of 1% per month from the invoice date (where a partial month counts as a whole month); and this, without prejudice to the right of the seller to claim compensation for the judicial and all other collection, demand and prosecution costs of whatever nature caused by the non-payment and without prejudice to the right to claim compensation for other damage that is not purely due to the non-payment.

 

All materials delivered in the event of the full amount not having been paid, even after having been incorporated or fixed in place, shall remain the property of the seller until full payment has been received and may be retrieved at any time, with any already paid advance forfeited (retention of title). All costs associated with the exercise of the retention of title and the recovery of the goods shall be borne by the customer. Before the transfer of ownership, the customer is not entitled to sell, convert, transfer, encumber and/or dispose of the products.

The customer is therefore prohibited from selling the goods delivered or pledging them to a third party or disposing of them in any way, as long as the price has not been paid in full. In case of non-compliance with this prohibition by the customer, a flat-rate compensation of 70% of the amount owed will be due.

 If the customer remains in default of one or more payments to WILLY NAESSENS SWIMMING POOLS, the latter shall have the right to immediately stop any further delivery or execution of orders placed. Even without any notice of default, any other orders shall be considered cancelled. Deliveries will be resumed only after full payment of all amounts due (including interest and compensation) and according to the planning of the seller.

In addition, the absence of any payment, regardless of the legal basis, shall result in all other invoices and claims of WILLY NAESSENS SWIMMING POOLS being immediately due and payable, even those not yet due and all permitted payment terms shall lapse. The same shall apply in the event of any imminent bankruptcy, judicial or amicable dissolution, request for a judicial arrangement under the Law on the continuity of enterprises (WCO/LCE), payment moratorium, as well as any other fact suggesting the customer's insolvency.

The unconditional payment of part of an invoice amount implies explicit acceptance of the invoice and invoice conditions. Partial payments are always accepted without prejudice and without any prejudicial acknowledgement, and shall always be allocated first to the collection costs, then to the compensation for non-payment, late interest and finally to the outstanding principal sum. Furthermore, capitalisation of interest is explicitly permitted.

 7) Liability – Complaint procedure

The customer must carry out a first check immediately upon delivery, installation or repair. This duty to examine includes, but is not limited to: conformity as regards delivery, usability, technical characteristics, visible defects, quantity and dimensions, etc.

The customer must report all defects immediately, at the risk of forfeiting all rights, within 24 hours of delivery, installation or repair and in any case before use of the product to WILLY NAESSENS SWIMMING POOLS in writing by e-mail or via the website using the contact form on one of the websites or by telephone. The customer may not under any circumstances return the goods without the prior consent of WILLY NAESSENS SWIMMING POOLS. WILLY NAESSENS SWIMMING POOLS reserves the right to determine the defects on the spot together with the customer and to verify the cause.

Subsequently, any complaint of whatever nature in connection with an invoice or with the invoiced deliveries and/or services must be confirmed in writing by registered letter with proof of receipt within eight days of the delivery or dispatch of the invoice, otherwise said delivery or invoice is deemed to have been accepted without any reservation of any kind. Each delivery and every payment of an invoice, even in the case of a partial payment, is deemed to mean that said delivery or invoice has been accepted and approved both with regard to the price and with regard to the quality of the delivery and/or execution, if no complaint has been formulated within 24 hours. This also applies to hidden defects. The partial processing/use of the materials delivered also implies total acceptance of the entire consignment without reservation.

All complaints regarding hidden defects must, at the risk of forfeiting all rights, be communicated by the customer to WILLY NAESSENS SWIMMING POOLS within 24 hours of their discovery.

All aforementioned terms are time limits.

Any liability claim also lapses in the event of processing, change, repair by the customer or by third parties or in the event of abnormal or exceptional use, load and/or wear of the goods/works, damage caused by force majeure or non-compliance with the instructions of WILLY NAESSENS SWIMMING POOLS concerning the use, the service and the maintenance of the goods.

The formulation of a complaint does not give the customer the right to suspend his payment obligations. In addition, the customer shall reimburse all costs, of whatever nature, incurred directly and indirectly by WILLY NAESSENS SWIMMING POOLS as a result of unjustified complaints.

The guarantees that WILLY NAESSENS SWIMMING POOLS offers to the customer remain, at the discretion and judgement of WILLY NAESSENS SWIMMING POOLS, limited to (wholly or in part): (i) replacement; or (ii) repair of the goods delivered/works executed.

If, in the opinion of WILLY NAESSENS SWIMMING POOLS, the execution of the previous guaranteed activities is not/no longer possible or meaningful, the customer shall be entitled to reasonable compensation for the damage up to a maximum of the price of the good/part affected by the defect.

The customer acknowledges that WILLY NAESSENS SWIMMING POOLS guarantees that the goods comply with Belgian regulations.

The customer acknowledges that WILLY NAESSENS SWIMMING POOLS can never guarantee more than the original manufacturer of the goods.

The customer can report complaints directly to WILLY NAESSENS SWIMMING POOLS or use the online dispute resolution platform. You can reach this via the following link: http://ec.europa.eu/odr/ 

The consumer may also go directly to the Online Dispute Resolution Platform of the European Commission. This central platform deals with complaints about distance contracts.

8) Limitation of liability

Subject to the liability of WILLY NAESSENS SWIMMING POOLS being demonstrated, the liability of WILLY NAESSENS SWIMMING POOLS is limited to compensation for the direct damage suffered by the customer up to a maximum amount equal to the specified price for the defective good (excl. VAT - transport costs) and is in any case limited to the liability that is compulsorily imposed by law.

WILLY NAESSENS SWIMMING POOLS shall in no way be obliged to compensate indirect damage of any kind (such as, but not limited to, bodily injury, loss of income or damage to third parties). Nor is WILLY NAESSENS SWIMMING POOLS liable for defects caused directly or indirectly by an act of the customer or of a third party, irrespective of whether caused by error or negligence.

WILLY NAESSENS SWIMMING POOLS may not be held responsible for, among other things, the cost of the water lost as a result of a leak in the swimming pool.

WILLY NAESSENS SWIMMING POOLS is not liable for damage of any kind caused by the improper use of the goods after delivery. Improper use is, in any event, but not exclusively, understood to be incorrect dosages of maintenance products, incorrect installation of swimming pool components, etc.

 9) Force majeure

If force majeure makes it impossible for WILLY NAESSENS SWIMMING POOLS to perform its obligations or unreasonably aggravates same, the company shall have the right to suspend temporarily or definitively the execution of its obligations in full or in part for the duration of the force majeure without having to give prior notice or to pay any compensation. The following are conventionally regarded as cases of force majeure: war, blockade, uprising, epidemics, natural disasters, strikes or lock-out, fire, flooding, seizure, shortage of means of transport, general scarcity of raw materials or products, restrictions on energy consumption, whether in relation to WILLY NAESSENS SWIMMING POOLS or one of its suppliers.

10) Right of withdrawal

In the case of online sales to a consumer, the consumer has, in accordance with the act of 6 April 2010 on market practices and consumer protections (hereafter referred to as Market Practices Act or WMPC), the right to inform WILLY NAESSENS SWIMMING POOLS N.V.- FILTERCO N.V. (hereinafter WILLY NAESSENS SWIMMING POOLS) that he/she renounces the purchase, without payment of a penalty and without giving any reason within the 14 working days from the day following the delivery of the goods.

Please use the following standard form to exercise your right:

Annex 2 to book VI Code of Economic Law

STANDARD WITHDRAWAL FORM

(please complete just this form and send it back if you wish to withdraw from the agreement

)

— To [the trader should enter its name, address and, if applicable,

fax number and e-mail address:

— I/We (*) hereby inform you that I/we (*) withdraw

from the agreement concerning the sale of the following

goods/performance of the following service (*)

— Ordered on (*)/Received on (*)

— Name(s) of consumer(s)

— Address of consumer(s)

— Signature(s) of consumer(s) (only if paper version of this form

is lodged)

— Date

(*) Delete as appropriate."

 

In accordance with the provisions of the WMPC, the consumer may not exercise any right of withdrawal in relation to agreements on the delivery of goods manufactured according to the specifications of the consumer or which are of a clearly personal nature or which by their nature may not be returned or quickly spoil or age or have lost their packaging, or audio and video recordings or software of which the seal was broken and finally, newspapers, magazines and magazines.

A customer who wishes to exercise this right should contact WILLY NAESSENS SWIMMING POOLS within 30 working days using the contact form on the website. In such a case, the customer must at their own expense return the goods within the same period of 30 working days in their original and undamaged condition, in their original packaging, together with all accessories, the user manual and the invoice/delivery note to the shop and/or collection point of WILLY NAESSENS SWIMMING POOLS N.V. WILLY NAESSENS SWIMMING POOLS is never liable for any damage, theft or loss that occurs to the packaging or the goods while being returned.

The purchase price will not be refunded if the goods are not received in accordance with the conditions of the right of withdrawal. The goods shall remain the property of the customer, who is obliged to pick up their property within two (2) weeks.

WILLY NAESSENS SWIMMING POOLS will refund the already paid purchase price to the customer within 30 days of acceptance of the returned goods.

 11) Privacy Statement

WILLY NAESSENS SWIMMING POOLS attaches great importance to the protection of your privacy and personal data. WILLY NAESSENS SWIMMING POOLS will use the customer's data only in accordance with the Act of 8 December 1992 on the protection of privacy and the other relevant current statutory regulations. WILLY NAESSENS SWIMMING POOLS may use the personal data to provide you with informative news articles about the operation, services, activities, rates, affiliation of partners, and other employees, etc. The data will not in any event be transferred to third parties, either for informative or for publicity purposes. WILLY NAESSENS SWIMMING POOLS has taken all possible legal and technical precautions to avoid unauthorised access and use.

The customer authorises WILLY NAESSENS SWIMMING POOLS to include the personal data provided by the customer in an automated database. Such data will be used for the purpose of information and promotion campaigns connected with services and/or products offered by WILLY NAESSENS SWIMMING POOLS within the contractual relationship between WILLY NAESSENS SWIMMING POOLS and the customer. The customer may always request that his/her data be communicated and/or rectified.

If the customer no longer wishes to receive any marketing information from WILLY NAESSENS SWIMMING POOLS, the customer should inform WILLY NAESSENS SWIMMING POOLS of the fact. Costs for changes to the original data of the customer, generated at his/her request, are always charged. The customer authorises WILLY NAESSENS SWIMMING POOLS to use images of the goods delivered and/or installed at the customer's premises for: (purely as examples) general information, publicity purposes, publication on the website of WILLY NAESSENS SWIMMING POOLS, folder publications, etc.

 The customer always has a legal right to supplement, correct or delete his/her personal data in whole or in part. WILLY NAESSENS SWIMMING POOLS undertakes to comply with his/her request within five working days.

When the customer contacts WILLY NAESSENS SWIMMING POOLS, his/her personal data and communications are protected by our duty of confidentiality. However, the customer consents to his/her name and/or logo being used as references on the website. The customer may protest against this at any time in writing, in which case the statement shall immediately and definitively be removed.

PRIVACY & COOKIES During a visit to the website of WILLY NAESSENS SWIMMING POOLS, some data is collected for statistical purposes by Statcounter and Google Analytics. These data are: IP address, presumed place of consultation, time and day of consultation, and the pages that were visited. When the customer visits the website of WILLY NAESSENS SWIMMING POOLS N.V., the customer declares his/her acceptance of this collection of data for statistical purposes as described above. Furthermore, only session cookies are used to support the website (correct operation).

 12) Miscellaneous

- By his order/purchase on one of the Websites, the customer declares he/she is aware of the limitations and risks of using the Internet or any other medium, by which online sales are made available now and in the future. The customer also declares he/she is aware of the risks of digital or electronic storage and transfer of information. The customer accepts that WILLY NAESSENS SWIMMING POOLS is not liable for any damage through the use of the online sales as a consequence of the aforementioned risks.

- The buyer undertakes in any event not to comment negatively on anything whatsoever concerning the contract via Internet, forums or any other medium, either directly or indirectly. A lump sum payment of 1,000 euros shall be due per infringement (per comment and/or per site).

- intellectual property rights

 WILLY NAESSENS SWIMMING POOLS may never be held liable if it transpires that the elements/products ordered by the customer should be incompatible with intellectual property rights of a third party. The buyer must indemnify the seller in full if the buyer or a third party infringes the legislation on ownership and copyrights in relation to the use or handling of the products.

The information offered (text, images) is automatically copyrighted and therefore the information may not be reproduced or communicated without the prior written consent of WILLY NAESSENS SWIMMING POOLS. All applicable intellectual property rights are therefore reserved. As stipulated in our general terms and conditions, any communication with us will be treated as confidential.

13) Disputes - Applicable law

Any dispute relating to the interpretation, conclusion or execution of the agreement or an invoice shall fall under the jurisdiction of the Courts of the judicial district of Oudenaarde. The seller also reserves the right to bring such a dispute before the Courts of the judicial district of the domicile or registered office of the buyer.

Only Belgian law shall apply. Disputes shall fall under the exclusive jurisdiction of the courts of the Oudenaarde district. Belgian law shall apply with the exception of Articles 1 - 4 inclusive, Article 40 and Articles 89 -  101 inclusive of the Vienna Sales Convention. Only the Dutch language shall apply.

The invalidity of any one of the provisions of these general terms and conditions shall not nullify the other provisions.

14) Code of conduct

It is very important to us that our webshop focuses on service and customer satisfaction. And because we want to show that we serve the interests of our customers, we are affiliated with the Belgian association for secure online selling, BeCommerce.

This means that we also adhere to their codes of conduct (see link below).
https://www.becommerce.be/upload/Gedragscode%20BeCommerce%20Kwaliteitslabel20131021095552.pdf

In this way, we hope to enjoy your trust.