General Terms and Conditions of Sale
Please read these general terms and conditions of sale carefully before you agree to their content.
They are concluded by and between You (hereinafter referred to as the “consumer”) and Kerger NV/SA (hereinafter referred to as “Kerger”), the address of which is mentioned below: :
3 Avenue du Commerce
Company number : BE.0452.120.166
Scope of application
These terms and conditions of sale (hereinafter referred to as the “terms and conditions”) set out your rights and obligations concerning any and all purchases, orders, shipments or acceptance of Kerger® products via the website www.kerger-sa.be.
A contract of sale by and between Kerger and the consumer shall come into existence upon the acceptance of the order placed by the consumer. Kerger shall use all means and resources reasonably at its disposal to carry out this order, but reserves the right to refuse the order at all times. Acceptance of the order by Kerger shall be confirmed within an acceptable period by e-mail containing an overview of the order carried out by the consumer. Any order accepted by Kerger shall entail acceptance of these general terms and conditions of sale by the consumer. These general terms and conditions of sale and the contracts of sale shall constitute the law between the parties, to the exclusion of any other general terms and conditions of sale or any other contract of sale. These general terms and conditions of sale and the contracts of sale that arise out of them shall be kept by Kerger for a period of 10 years.
All rights and claims pursuant to these terms and conditions shall be contractually binding also with regard to intermediaries and other third parties on whom Kerger calls.
The provisions of these terms and conditions may be departed from only in writing. If one of these terms and conditions is not included in the contract or appears to be null and void, the other terms and conditions of this contract shall remain in force without prejudice. If certain provisions are not included in this contract or turn out to be null and void, the content of this contract shall be governed by the statutory regulations which come closest to the intention of the party concerned.
The applicable price shall be the rate in force on the date of the order. This price shall include packaging and VAT, but not shipping charges.
Depending on availability, you will receive the product you ordered within three to five business days, unless indicated otherwise by Kerger. Kerger shall process the order with all due diligence, and at least within 30 days. If the item ordered is temporarily out of stock, if there is a delay for any other reason, or if the order can be processed only partially or not at all, you shall be informed accordingly within a month following the placement of the order and will consequently be entitled to cancel the order free of charge. Any overrun of the delivery period shall not entitle you to claim damages. Kerger reserves the right to choose the means of transport and the carrier.
As soon as the carrier has handed the goods to the customer, the latter shall assume the ensuing risks of loss, theft, depreciation or destruction. A claim may be lodged only by registered letter with acknowledgement of receipt within 48 (forty-eight) hours following the delivery of the goods.
The charges for shipping Kerger products per parcel (up to 31.50 kg), free curb, shall be as follows:
- Belgium: €6.38, exclusive of VAT
Luxemburg: €10.10, exclusive of VAT
Netherlands (continent): €10.10, exclusive of VAT
Netherlands (islands): €21.17, exclusive of VAT
- France (maximum): €22, exclusive of VAT
The costs and conditions of shipment, packaging and delivery are subject to change at all times. Changes shall enter into force within the announced period. If Kerger increases the shipping, packaging and delivery prices after the contract has been concluded, you shall be entitled to cancel the contract at the latest on the date that the price increase entered into force, except if said price increase results from legal provisions or regulations.
Kerger shall send the invoice simultaneously with the shipment of the goods.
Conditions of payment
Kerger shall accept the following means of payment for orders: Visa and Mastercard. In the event of non-payment by the customer or non-compliance with other contractual obligations on the part of the buyer, Kerger shall be entitled to demand the cancellation of the contract at all times and claim from the defaulting buyer the expenses incurred and the loss of earnings, without prejudice to the provisions stipulated under “reservation of ownership”.
To guarantee the security of payments online as well as of your personal data, your transactions shall be processed by Ogone. The service provider’s e-commerce solution can be used to process your financial data securely. This payment solution has been designed specially for electronic commerce.
More specifically, for each purchase online, all the data of the transaction are encrypted by SSL technology. The secure SSL link can be recognized by the “little padlock” displayed on the lower status bar of your browser.
Reservation of ownership
Kerger shall remain the owner of the goods until they have been paid for in full. In the event of non-payment, Kerger shall be authorized to repossess the goods delivered, one month after relevant notice served by registered letter with acknowledgement of receipt.
The Belgian Commercial Practices and Consumer Information and Protection Act of 14 July 1991 authorizes the buyer to inform the seller that he has decided not to proceed with the purchase within 15 business days of receipt of the product. The goods must be returned (unopened) within an acceptable period after this notification (3 business days).
You can inform us of your decision not to proceed with the purchase by sending an e-mail to email@example.com. You must then send the goods back by normal post, with sufficient postage, and a copy of the invoice, to the following address:
avenue du commerce 3
BE-7850 Enghien – Belgium
Please indicate your account number to enable us to proceed to any reimbursement. Upon receipt of your return, we shall issue a credit note and reimburse you for the amount paid as rapidly as possible. We can nonetheless refuse a return when the product has already been opened or damaged by the customer.
If you receive a product you have not ordered or a product that is damaged, you must inform us and return the product in the same way. In such a case, we shall reimburse also the expenses for shipping by regular post.
Non-compliant or defective products
Consumers are required to inspect the goods delivered immediately upon receipt thereof and report any detected defects within 48 hours by registered letter.
If you wish to return a defective product which you purchased via the website, please send an e-mail to the Kerger customer service at firstname.lastname@example.org. .
Kerger offers a one-year guarantee against manufacturing or material defects.
If the quality of the product does not meet the requirements in accordance with the declaration of guarantee, please send an e-mail to email@example.com.
Kerger shall not be required to honour its commitments in case of force majeure. The term “force majeure” shall refer in particular (but not exhaustively) to any circumstances beyond the decision-making power of Kerger which make it fully or partially impossible to process the orders. In the event of force majeure that persists for more than one month, the consumer may cancel the order by virtue of Article 14 of these terms and conditions of sale, or confirm the order for processing once the circumstances which have led to the force majeure disappear, at the conditions in force on the delivery date.
Kerger shall be solely liable for damages arising out of deliberate misconduct or gross negligence on its part.
Protection of privacy
Personal data shall be processed in compliance with the Protection of Privacy by an Automatic Personal Data Processing System Act of 8 December 1992. Kerger shall be responsible for this processing. The consumer shall be entitled to access and rectify his personal data at all times as well as to object to the use thereof.
Personal data shall be used to:
a) Invoice and credit Kerger merchandise;
b) Conclude the contract of sale and provide information on the processing of the order;
c) Transmit information on other Kerger products and services as well as products and services of Kerger’s commercial partners, selected on the basis of the consumer’s personal preferences. If the consumer does not wish to receive such information, he can contact the Kerger customer service. The latter shall put immediately an end to the processing of personal data under this application at the consumer’s first request
e) For technical or operational reasons, these data may have to be transferred to companies affiliated with Kerger or to servers located in countries outside the European Union where the privacy protection legislation differs from that applicable in the European Union. Kerger shall take all such measures as required to ensure appropriate protection for personal data.
f) If the consumer has questions about this statement or the protection of his personal data, he can send an e-mail to the Kerger customer service (firstname.lastname@example.org).
Orders may be placed only by persons over 18. Kerger assumes that any person who places an order accepts and meets these terms and conditions. Kerger shall not be held liable if an order is placed under a false or incomplete identity.
If the consumer wishes to lodge a complaint, he can either send an e-mail to the Kerger customer service (email@example.com) or use the form available online via the following link: send us a message. The consumer shall be informed within 5 business days of his complaint as to the period within which he will receive a reply thereto.
Intellectual property rights
All texts, graphs, representations, scripts, illustrations, software, logos, signs, brand names, models, figures, trademarks (hereinafter referred to as the “creations”) on the Kerger website and all the intellectual property rights to said creations (rights to trademarks, statutory and brand names, drawings, patents, databases, expertise as well as copyright and other intellectual property rights), registered or otherwise, and all applications for granting as well as for obtaining such rights, as well as other rights that provide protection similar to such intellectual property, shall be the property of, or have been granted to Kerger under licence, who shall remain the holder thereof, depending on the case.
The consumer undertakes not to infringe Kerger’s intellectual property rights, directly or indirectly, or through the intervention of third parties with whom he is associated, and to take all such measures as necessary to ensure the protection of these rights. To that end, the consumer shall retain the indications of Kerger’s intellectual property rights relating to products or services delivered by Kerger.
Rights and applicable laws
All rights, obligations, offers, orders and contracts subject to these terms and conditions shall be governed, in the same capacity as said terms and conditions themselves, exclusively by Belgian law, which shall be solely applicable. Any and all disputes between the parties shall be referred to the competent court in Belgium.