Terms of Sale
1) Scope of the general terms and conditions:
These general terms and conditions are applicable to all purchase agreements by every visitor to the website, hereinafter referred to as the customer with NV Willy Naessens Swimmingpools with its head office in 9790 WORTEGEM-PETEGEM, KORTRIJKSTRAAT 66.
Identity of the seller:
With Company registered office at
Company registration number
These terms and conditions are also integrally applicable to the sale/ordering of goods via the websites linked to Willy Naessens Swimming Pools , among others: www.filterco.be and www.facebook.com/WillyWebshop.
Without prejudice to the legal rights assigned to the customer according to the applicable national legislation with regard to consumer protection, the customer acknowledges, through his order/purchase to have been informed about the general terms and conditions of WILLY NAESSENS SWIMMING POOLS and to accept these. Every time a customer places an order, he is the only party responsible to actually read the General terms and conditions version applicable at the time. These terms and conditions always prevail over the terms and conditions of the customer, even if these terms and conditions specify that they are the only ones applicable. The customer’s terms and conditions can never be applicable.
These terms and conditions are not applicable when WILLY NAESSENS SWIMMING POOLS performs work and services at the customer. In the latter case, the contracting terms and conditions of WILLY NAESSENS SWIMMING POOLS will be applicable. You may request this by sending an email to email@example.com.
The possible nullity of one or more clauses from these terms and conditions, does not influence the applicability of all other clauses. In that case both parties will negotiate to replace this stipulation by a similar stipulation that is in line with the general spirit of these general terms and conditions.
The fact that WILLY NAESSENS SWIMMING POOLS fails to demand strict compliance with one of the provisions of these terms and conditions cannot be considered as implied waiver of the rights of WILLY NAESSENS SWIMMING POOLS in accordance with these general terms and conditions and does not prevent WILLY NAESSENS SWIMMING POOLS to demand strict compliance with the provisions at a later stage.
WILLY NAESSENS SWIMMING POOLS reserves the right to adjust or amend its general terms and conditions at any time. It is the customer’s responsibility to regularly consult these terms and conditions.
2) The offer:
The offer is stated on the website.
If an offer is valid for a limited time only or takes place under certain terms and conditions, this is specified in the offer.
The offer contains a full and comprehensive description of the products and/or services offered. The description gives adequate details so that the customer is able to assess the offer. If WILLY NAESSENS SWIMMING POOLS uses images, they are true versions of the products and/or services offered. Apparent mistakes and apparent errors in the offer do not bind WILLY NAESSENS SWIMMING POOLS.
Every offer includes all such information so that the customer can be sure of the rights and obligations linked to the acceptance of the offer. This in particular includes:
- Price including VAT
- Delivery fees
- Manner of establishment of the agreement
- Scope of the renunciation.
- Manner of payment, delivery and execution of the agreement
- Term for acceptance of the offer, term of price guarantee
3) Order - Establishment of the agreement:
An agreement is established once the order is sent electronically after the customer made a payment in the Ogone payment platform or by sending the mail that contains an order. An amendments or supplements after establishment are only valid after written agreement of both parties.
If the customer also signs in his own name and in the name of the company on whose behalf he acts, both are jointly and severally responsible for the payment of the full debt provided in these terms and conditions. If, after conclusion of the agreement the buyer asks that the ordered goods are invoiced to another party or to multiple companies, the buyer must communicate the correct details and the buyer is completely responsible for this. Regardless of this, the buyer and all companies involved with this remain jointly and severally responsible for the execution of all commitments resulting from this agreement, even if they did not co-sign the special and/or general terms and conditions.
Without prejudice to any renunciation of the customer, WILLY NAESSENS SWIMMING POOLS reserves, if the order is cancelled, even partially, the right to charge compensation for damage to the customer of 25% of the price of the cancelled purchase or order with a minimum of 50 EUR, without prejudice to WILLY NAESSENS SWIMMING POOLS’s right to payment for the aforementioned damages.
4) Applicable Prices:
The goods are sold at the prices applicable at the date of purchase, with the exception of price changes due to VAT changes, government decrees, ...
For online sales, the prices or offers specified on the website at the time of the online purchase will be valid. Prices indicate in the shop or on the website are subject to change, but is fixed at the time the customer places the order and the order is accepted by WILLY NAESSENS SWIMMING POOLS.
All prices are expressed in Euros and includes VAT, though excludes any delivery, dispatch or other administrative cost, unless specified differently. Any cost for the delivery, dispatch and/or transport will always be specified separately.
WILLY NAESSENS SWIMMING POOLS will deliver the Products to the delivery address specified by the customer with his order and within the time specified by WILLY NAESSENS SWIMMING POOLS at the time of the order. The expected delivery date, or the date agreed for the service provision, is always only approximate. When the expected term is exceeded, this could never lead to a penalty, compensation for damages, replacement or dissolution of the agreement to the detriment of WILLY NAESSENS SWIMMING POOLS and WILLY NAESSENS SWIMMING POOLS is also not responsible for any loss, payment, value, damage, expense or cost resulting from the late delivery.
Changes to the order by the customer automatically cancel the proposed delivery date.
WILLY NAESSENS SWIMMING POOLS is never responsible for delays, incurred due to the default of WILLY NAESSENS SWIMMING POOLS’ suppliers, the customer or any other third party. Late delivery does not indemnify the client from his obligations.
Unless specifically agreed differently, the goods are always delivered to the address specified by the customer. If the customer is absent during the delivery, the goods will be delivered again, but the customer will be charged for the transport fees related to the second delivery.
When the delivery or collection is delayed by an unreasonable refusal to receive the delivery or if the delivery or collection is not accepted by the transport company, the following measures must be taken:
a) charging the storage cost an all other cost incurred
b) make the Product unavailable for delivery or collection and cancellation of the agreement. In that case, WILLY NAESSENS SWIMMING POOLS will pay you or your debit- or credit card institution any amount that you already paid us in the framework of the relevant Contract, less reasonable admin fees incurred by us (including cost of an attempted delivery and the subsequent return of the Product, as well as all other storage fees specified above).
In the framework of the rules of remote sales, WILLY NAESSENS SWIMMING POOLS will execute all orders at least within 30 days. If this is not possible (because the ordered goods are out of stock or no longer available), or if there is some other delay or an order can only be executed partially, the consumer will be informed within 1 month after placing the order and in that case, he will be entitled to cancel the order without any charges or penalties.
The delivery obligation of WILLY NAESSENS SWIMMING POOLS will have been fulfilled, barring evidence to the contrary, as soon as WILLY NAESSENS SWIMMING POOLS offered the delivered goods to the consumer once. When delivered at home, the transporter’s report, concerning the refusal to accept it, serves as full proof of the offer to deliver.
All terms specified on the website are indicative. No rights could thus be derived from the terms specified.
The manner of dispatch and the transport methods are determined by WILLY NAESSENS SWIMMING POOLS in a fair manner. The delivery is made to the front door, on ground floor level or next to the trucks. The customer is obliged to do everything necessary to enable the timely delivery. WILLY NAESSENS SWIMMING POOLS may assume that the goods can be delivered with the standard transport methods at easy accessible locations in the customary off-loading manner. The customer is responsible for paying the additional costs if transporting and/or unloading of the missing features entail/s additional costs. The goods to be delivered are for the risk of the customer from the moment of delivery.
All the risks pertaining to the Product will transfer to the customer upon commencement of transport.
The customer should be careful when opening the product so that you do not damage it, especially when using sharp objects. The customer declares being available to receive the Product in a suitable manner, without unnecessary delay and at any time reasonably specified by WILLY NAESSENS SWIMMING POOLS.
6) Time of Payment
Unless expressly agreed otherwise, all purchases should be paid by the customer on the date the goods are ordered, at the time the agreement is established.
Unless agreed upon otherwise expressly, all invoices from WILLY NAESSENS SWIMMING POOLS are always integrally payable in cash on the invoice date, without discount and this where the purchase/collection takes place. Invoices can only be validly disputed by means of registered mail within 8 days (due date) after the invoice date and stating the invoice date, invoice number and a detailed motivation.
WILLY NAESSENS SWIMMING POOLS is entitled to withhold and not deliver the goods if they have not been fully paid for upon ordering at the latest. For online orders, the customer can either pay directly online via a special payment method provided on WILLY NAESSENS SWIMMING POOLS’ website or by means of a classic credit transfer to WILLY NAESSENS SWIMMING POOLS’ account. In the latter instance, the ordered goods are retained for the customer for 5 days after the order confirmation, in anticipation of his payment. If no payment is received in this period, WILLY NAESSENS SWIMMING POOLS is entitled to cancel the online order without being held liable for any compensation.
Under a fixed compensation covering the extrajudicial collection costs caused by non- or late payment of the invoices, the unpaid or belatedly paid invoices will be increased, without prior notice of default, by a fixed and irrevocable damages clause of 15 % of the entire invoice amount regardless or partial payment with a minimum of € 75 as well as delay interest of 1% per month from the invoice date (of which a partial month applies as an entire month); without prejudice to the right to claim compensation for all other collection, demand and litigation costs of whatever nature, caused by non-payment and without prejudice to the right to claim compensation for other loss items not purely caused by the non-payment.
All delivered materials remain, in the case of non-payment and, should that be the case, even if they have become fixed through incorporation or appropriation, the property of the seller until complete payment has been made and he may always take them back with forfeiture of the already paid advance (retention of ownership). All costs associated with exercising the retention of ownership and recovering the goods are for the customer’s account. Before the transfer of property, the customer is not entitled to sell, convert, transfer, encumber and/or decide on the products.
The customer is accordingly prohibited from either selling the delivered goods, pledge it to third parties or decide on the goods in any manner, as long as the price has not been paid in full. In case of non-compliance with the prohibition by the customer, a fixed compensation for damage of 70% of the due amount will be due.
If a customer fails to comply with one or more payments to WILLY NAESSENS SWIMMING POOLS, WILLY NAESSENS SWIMMING POOLS reserves the right to immediately stop every further delivery or execution of placed orders. Even without any notice of default, every other order is deemed as cancelled. Restarting deliveries only occurs after integral payment of all amounts due (including interests and damages) and in accordance with the seller’s schedule.
Moreover, any non-payment, on whatever legal basis, causes all other of WILLY NAESSENS SWIMMING POOLS’ invoices and claims to become immediately due and payable. even if they have not yet become payable and all granted payment terms lapse. The same applies in case of threatening bankruptcy, legal or amicable dissolution, application for credit protection, cessation of payments, as well as in case of any other fact indicative of the customer’s insolvency.
The unconditional payment of a part of the invoice amount applies as express acceptance of the invoice and terms and conditions of the invoice. Partial payments are always accepted, subject to all reservations and without any acknowledgement, and always first allocated to collection costs, subsequently to damages, the interest due and finally to the outstanding main sum. The capitalization of interest is also specifically allowed.
7) Liability– Complaint arrangement
Upon delivery, installation and after repairs, the client should immediately perform a check. This obligation to examine concerns, among others, but without being exhaustive: conformity of the delivery, usability, technical features, visible defects, amount and dimensions, etc.
The client should immediately and subject to forfeiture report all deviations, within 24 hours of delivery, installation or repair and in every case inform WILLY NAESSENS SWIMMING POOLS, in writing, per e-mail or via the website per contact form on one of the websites or telephonically, before commissioning. The client may never return the goods without WILLY NAESSENS SWIMMING POOLS’ prior consent. WILLEY NAESSENS POOLS reserves the right to inspect the defects and check the causes thereof, in the Client's presence.
Subsequently, every complaint, of whatever nature, with regard to an invoice or invoiced delivery or service, should be confirmed in writing, against receipt, per registered mail within the 8 days of delivery or dispatch of the invoice, otherwise it will not be deemed to have been accepted without any reservation whatsoever. Every delivery and every payment of an invoice, even in case of partial payment, will be deemed having been accepted and approved, both insofar as it concerns the price and insofar as it concerns the quality of the delivery and/or execution, if no complaint has been formulated within the 24 hours. This also applies to hidden defects. The partial processing/use of the delivered material also results in a general acceptance of the whole, without reservation.
WILLY NAESSENS SWIMMING POOLS should, subject to forfeiture, be informed by the Client of all complaints, based on hidden defects, within 24 hours of their discovery.
All the aforementioned due dates are expiry periods.
Every claim to liability also lapses in case of processing, changing, repair by the Client or third parties or in case of abnormal or exceptional application, loading and/or wear and tear of the goods/works, damage caused by force majeure or non-compliance with WILLY NAESSENS SWIMMING POOLS’ instructions concerning using, servicing and maintaining the goods.
The formulation of a complaint does not entitle the Client to suspend his payment obligation. The Client is responsible to reimburse all the expenses, direct or indirect and of whatever nature, incurred WILLY NAESSENS SWIMMING POOLS due to inaccurate complaints.
The guarantees offered to the Client by WILLY NAESSENS SWIMMING POOLS remain, subject to WILLY NAESSENS SWIMMING POOLS’ choice and discretion, limited to (entire or partial): (i) replacement (ii) repair of the delivered goods/executed work.
If the execution of the foregoing guarantee activities, in the opinion of WILLY NAESSENS SWIMMING POOLS, is not (no longer) possible or advisable, the Client is, in return, entitled to reasonable compensation for damage up to a maximum of the price of the goods/parts afflicted with the defect.
The Client acknowledges that WILLY NAESSENS SWIMMING POOLS only offers a guarantee that the goods comply with Belgian regulations.
The Client acknowledges that WILLY NAESSENS SWIMMING POOLS can never grant more guarantee than the goods’ final producer does.
The consumer always has the right to file its complaint with the Online Dispute Resolution Platform of the European Commission. This centralized platform treats all disputes on distance selling contracts.
8) Limitation of liability
Provided that WILLY NAESSENS SWIMMING POOLS’ liability has been proven, WILLY NAESSENS SWIMMING POOLS’ liability is limited to compensating the Client’s damage up to a maximum of an amount equal to the stipulated price for the defective goods (excl. VAT - transport costs) and is, anyway, limited to the liability that has been mandatorily imposed by the law.
WILLY NAESSENS SWIMMING POOLS is never held liable for compensation for indirect damage of whatever nature (such as, but not limited to, physical damage, loss of income or damage to third parties). Nor is WILLY NAESSENS SWIMMING POOLS liable for defects that are directly or indirectly caused by an act of the client or third parties, irrespective of the latter being caused by an error or negligence.
WILLY NAESSENS SWIMMING POOLS cannot be held liable for, among others, the loss of water due a leak in the swimming pool .
WILLY NAESSENS SWIMMING POOLS is not liable for damage of whatever nature resulting from the incorrect use of the goods after delivery. Incorrect use, anyway and non-exclusively, refers to incorrect dosing of the maintenance products, incorrect installation of the swimming poll components, ... .
If, due to a force majeure, WILLY NAESSENS SWIMMING POOLS is unable to execute its obligations or the execution of these is rendered unreasonably more severe, it is entitled to suspend the execution thereof entirely/partially, and provisionally for the duration of this force majeure or finally, without having to comply with a notice period or owing any compensation. The following, among others, are viewed as forces majeure: war, blockade, insurrection, epidemics, natural conditions, strike or lockout, fire, flooding, attachment, shortage of means of transport, general shortage of raw materials or products, limitations on energy consumption and this either at WILLY NAESSENS SWIMMING POOLS or one of his suppliers.
10) Renunciation right
In case of online sales to a consumer, the latter is entitled to, in accordance with the Act of 6 April 2010 (hereinafter WMPC), inform NV WILLY NAESSENS SWIMMINGPOOLS - NV FILTERCO (hereinafter referred to as WILLY NAESSENS SWIMMING POOLS) that he/she renounces the purchase, without paying a fine or providing reasons, within 14 working days following the day after the delivery of the goods.
Please fill in this form to renounce yout purchase :
Bijlage 2 van boek VI Wetboek economisch recht
MODELFORMULIER VOOR HERROEPING
(dit formulier alleen invullen en terugzenden als u de overeenkomst wilt herroepen)
— Aan [hier dient de handelaar zijn naam, adres en, indien van toepassing, zijn fax en e-mailadres in te vullen :
— Ik/Wij (*) deel/delen (*) u hierbij mede dat ik/wij (*) onze overeenkomst betreffende de verkoop van de volgende goederen/levering van de volgende dienst (*) herroep/herroepen (*)
— Besteld op (*)/Ontvangen op (*)
— Naam/Namen consument(en)
— Adres consument(en)
— Handtekening van consument(en) (alleen wanneer dit formulier op papier wordt ingediend)
(*) Doorhalen wat niet van toepassing is.”
In accordance with the stipulations of the WMPC, the consumer cannot exercise any renunciation right for agreements concerning delivery of goods manufactured in accordance with the consumer’s specifications or have a clear personal character or that, due to their nature, cannot be returned or quickly degenerate or age or the packaging has gone missing or audio or video recordings or software of which the seals have been broken and, finally, newspapers, periodicals and magazines.
The Client who wishes to exercise this right, should contact WILLY NAESSENS SWIMMING POOLS within 30 working days via the contact form on the website. In that case, the Client should return the goods, within the same period of 30 working days, in their original and undamaged condition, in their original packaging, and together with all accessories, the user’s instructions and the invoice/delivery slip to WILLY NAESSENS SWIMMING POOLS NV’s shop or collection point. WILLY NAESSENS SWIMMING POOLS is never liable for any damage to, theft or loss of the packaging or goods when returning these.
The purchase amount will not be reimbursed if the goods are not received in accordance with the terms and conditions of the right of renunciation. The goods remain the property of the client, who is obliged to collect his property within two (2) weeks.
WILLY NAESSENS SWIMMING POOLS will pay back the already paid purchase sum to the Client within 30 days of accepting the return.
11) Privacy Statement
WILLY NAESSENS SWIMMING POOLS attaches great importance to protecting your privacy and personal information. WILLY NAESSENS SWIMMING POOLS will only use or apply the Client’s information in accordance with the Act of 8 December 1992 to protect personal privacy and other relevant legal prescriptions currently in force. WILLY NAESSENS SWIMMING POOLS can use the personal information to inform the Client of informative news reports on the operation, service delivery, activities, fees joining of partners, and other employees, etcetera. This information will never be transferred to third parties, neither for informative, nor publicity purposes. WILLY NAESSENS SWIMMING POOLS has taken all possible legal and technical precautions to prevent unauthorized access and use.
The Client also gives WILLY NAESSENS SWIMMING POOLS permission to include the information, provided by the Client, in an automated data file. This information will be used in view of conducting informational and promotional campaigns in connection with the performances and/or products offered by WILLY NAESSENS SWIMMING POOLS in the framework of the contractual relationship between WILLY NAESSENS SWIMMING POOLS and the Client. The Client can always request for notification of or improving his information.
The Client should inform WILLY NAESSENS SWIMMING POOLS if the Client does not wish to receive any further commercial information from WILLY NAESSENS SWIMMING POOLS. Costs of changes to the original information of the Client, requested by him, will always be charged. The Client gives WILLY NAESSENS SWIMMING POOLS permission to use footage of the goods delivered to and/or installed at the Client for (purely illustrative summary) general information, publicity purposes, publication on WILLY NAESSENS SWIMMING POOLS’ website, publication in folders, etc.
The Client is always legally entitled to supplement, improve or remove his personal information entirely or in part. WILLY NAESSENS SWIMMING POOLS undertakes to comply with your request within 5 working days.
When the Client contacts WILLY NAESSENS SWIMMING POOLS, his personal information and communication are protected by our obligation to confidentiality. However, the Client gives permission that his name and/or logo may be used for references on the website. The Client can always object to this in writing, upon which the entry will immediately and permanently be removed.
PRIVACY & COOKIES In case of a visit to WILLY NAESSENS SWIMMING POOLS’ website, some data is collected for statistical purposes, taken care of by Statcounter and Google Analytics. These are: IP address, presumptive place of consultation, time and date of consultation, which pages were visited. When the Client visits NV WILLY NAESSENS SWIMMING POOLS’ website, he declares himself in agreement with the data collection intended for statistical purposes as described above. Further, only session cookies are used to support the website (correct operation).
- By ordering/purchasing from one of the Websites, the Client declares being familiar with the limitations and risks of using the Internet or any other medium by means of which online sales are currently made available or will be in future. The Client also declares being familiar with the risks of digitally or electronically storing and transferring information. The Client accepts that WILLY NAESSENS SWIMMING POOLS is not liable for any damage, by using the online sales due to the aforementioned risks.
- The buyer undertakes never to make negative comments regarding anything in respect of the contract via the internet, forums, or whatever medium, whether directly or indirectly. A fixed compensation to the amount of 1,000 Euro is due for every infringement (per comment and/or website).
- intellectual property rights
WILLY NAESSENS SWIMMING POOLS can never be held liable if it should become apparent that the elements/products ordered by the Client would be in violation of a third party’s intellectual property rights. The buyer should indemnify the seller if the buyer or a third party should infringe on the legislation with regard to property rights and copyrights with regard to using or applying the products.
The information offered (text, images) is legally copyrighted and may not be duplicated or published without prior and written consent of WILLY NAESSENS SWIMMING POOLS. All applicable intellectual property rights are therefore retained. Every communication with us will be treated as confidential as stipulated in our general terms and conditions.
13) Disputes - Applicable law
Every dispute with regard to the interpretation, the conclusion or the execution of the agreement or invoice, resorts under the Authority of the Courts in the Oudenaarde judicial district; The seller also reserves the right to lodge such dispute with the Courts in the judicial district of the buyer’s residence or registered office.
Only the Belgian law applies. Disputes resort under the exclusive authority of the Courts in the Oudenaarde judicial district. Belgian law is applicable with the exception of articles 1 through 4, article 40 and articles 89 through 101 of the Convention on the International Sale of Goods. Only the Dutch language applies.
In case of the nullity of one of the stipulations of these General Terms and Conditions, it will not nullify the other stipulations.