Terms and Conditions
TERMS AND CONDITIONS
Prior to
For the application of these conditions it means for HandsHero:
LAVA Group BV, with registered office at 8560 Gullegem , Nijverheidslaan 25– KBO 0424.957.493
Telephone: +32 56 42 59 00
email: info@handshero.com
website: https://www.handshero.be
complaints service: info@handshero.com
Current and possibly also amended general terms and conditions apply to all sales online and are permanently available and printable via the General Terms and Conditions online.
The use of the website is under the sole responsibility of the user.
Only for sales to consumers within the meaning of the law, the following deviating conditions apply :
The agreement is concluded by ticking the general terms and conditions, clicking on the object of the sale and inserting it into the shopping cart, the confirmation to pay the indicated price, the confirmation to the consumer by electronic means of, among other things, the object of the sale and the price and the execution of the payment by the buyer
The consumer is entitled by registered letter to the stated address to refrain from purchasing within 20 calendar days following the delivery, unless the goods have been made to the express specifications of the consumer. The return is at the expense of the consumer. After the good has been returned in the same condition as it was at the time of shipment, NV Lafosse will refund the identical amount paid to the indicated account of the consumer.
With regard to the guarantee, LAVA Group BV refers to the law of 25/02/1991 on product liability
ART. 1.
Unless a deviating and written agreement on our part, all our sales, deliveries, services ... take place according to the following conditions by clicking the general terms and conditions necessary for the order, which are part of the agreement and which will always apply to the exclusion of the conditions. from the customer.
ART. 2.
Our company is only bound by written confirmation by email or post or performance, in which, among other things, the subject of the agreement is specified or which shows the subject of the agreement.
ART. 3.
In the absence of a prior price agreement, all works will be performed on a direct basis. The same applies to changes or supplementary works.
ART. 4.
Delivery periods may only be regarded as an indication without any obligation on our part. Delays can in no way give rise to termination of the agreement or to any compensation.
Unforeseen circumstances such as changes and suspensions requested by the customer automatically lead to an extension of the delivery period and possibly a price increase.
ART. 5.
Delivered goods are considered to be accepted by receipt. Any dispute or refusal in this regard must be made known within 48 hours by means of a detailed, motivated and registered letter.
ART. 6.
The execution is guaranteed with the usual deviations. Our commitments are resource commitments. Executed works are accepted as final by regarding operation, adjustment, commissioning, ... all Wezenaar only partially.
ART. 7.
Deliveries are made ex works and shipments, also by our company itself, always travel at the risk of the customer. Unless otherwise agreed in writing, collection is deemed to take place within 14 days after notification of delivery.
ART. 8.
Indemnification against hidden defects is limited to a period of 6 months. This term is absolute and starts to run from either the delivery of the goods, the acceptance of the works or the notification of the delivery referred to in art. 14. Our firm's liability is limited to the serious fault. After expiry of the conventional warranty period, any recourse will lapse. Repairs or replacements do not interrupt or suspend the warranty period.
ART. 9.
If the delivered materials or works were not manufactured or executed by our company, the customer will, under penalty of inadmissibility, bring any claim based on defects in the main order against the manufacturer, our supplier or our subcontractor and only in subordinate order against our company, which only will be called after execution of any of the foregoing , and without it we are with them jointly and severally will be held. Insofar as the customer does not have a direct claim against the aforementioned , as accepted by case law, he is asserted in our rights. Voluntary interventions on our part do not affect this provision.
ART. 10.
Are always excluded from any warranty: switches, valves, thermometers, thermostats, taps, relays, heating elements and all parts that are subject to normal wear and tear.
ART. 11.
The guarantee will always lapse if the customer has failed to fulfill his contractual obligations, in particular prompt payment, and likewise if the customer has had the delivered goods or works repaired or changed without the written permission of our company itself or by third parties.
No warranty is provided for damage caused by an external cause. No warranty is given on repairs or conversions.
ART. 12.
The guarantee can only give rise to repair or replacement and does not in any way extend to compensation and any direct or indirect damage as a result of any defect.
ART. 13.
Assembly and connections, of whatever nature, are always at the expense of the customer. When a professional or mechanic is required, all costs thereof will be charged, in particular working hours, waiting hours, travel costs and time. If necessary for the installation of installations, auxiliary staff, lifting equipment, etc., the customer must arrange this at his own expense.
ART. 14.
Payment - condition for delivery - is made no later than 24 hours after electronic confirmation by the company.
In the event that 14 days after the contractual delivery period provided for in the sales contract or the delivery notice, the ordered goods are not collected or if for the sake of the customer it cannot be placed on the planned date, our company will be entitled to cancel the agreement after expiry of that period. to be regarded as dissolved by operation of law and without notice to the detriment of the customer, without prejudice to the possibility of enforced performance of the agreement. After expiry of the delivery period, storage costs are owed by operation of law equal to € 25.00 / calendar day. The date stated in the letter is the post date. In the event of dissolution, subject to increase, at least fixed compensation equal to the advance will be owed by operation of law.
ART. 15.
All goods owned by the client that have been entrusted to the company are expressly pledged as a guarantee for the proper execution of all obligations.
ART. 16.
Any refusal or dispute of our invoices must be done by registered and motivated letter within 8 days after the invoice was sent, with the invoice date being the date of dispatch, unless proven otherwise.
ART. 17.
The partners and managers explicitly declare that they are jointly and severally surety for the commitments entered into by the company, explicitly renouncing the privilege of enforcement.
ART. 18.
The delivered goods remain the property of our company until full payment of all invoices, outstanding invoices and their accessories . Nevertheless, all risks are transferred to the customer through the delivery.
The buyer undertakes to notify the owner of the property in writing within 48 hours that unpaid goods have been brought into the rented property with a copy to the company. In the absence of written proof, a lump sum compensation is owed by the buyer by operation of law equal to 25% of the value of the goods sold.
In the absence of payment, we will be expressly permitted by the buyer and without judicial permission to retrieve the delivered goods including those that would have become immovable by destination or incorporation, wherever they may be, costs borne by the buyers or clients. All amounts deposited will continue to be acquired by us by way of an advance payment on - and at least as a minimum - compensation for non-compliance with the agreement, capital losses, wear and tear, user compensation without prejudice to other damage.
Under no circumstances may the amounts deposited be offset against other outstanding balances.
ART. 19.
All our invoices are payable within 30 days unless written deviation. After the due date, an interest of 10% per year will be charged by operation of law and without notice of default.
In the event of full or partial non-payment on the due date, without notice of default being required, the balance due will be increased by law by 15% with a minimum of € 125 and a maximum of € 3,500 as fixed compensation, without prejudice to the interest and without this provision constitutes an obstacle to the possible application of article 1244 Dutch Civil Code. In the event of purchase / assignment by several parties, the joint and several liability is agreed.
ART. 20.
In the event of a dispute between the parties, at the firm's discretion, either the Courts and the Justice of the Peace of the debtor's domicile or the Courts of Justice in Kortrijk and the Justice of the Peace in Menen have jurisdiction. The legal relationships between the parties are governed by Belgian law.