General conditions
1. Definitions
Seller: Pollet Pool Group NV, with registered office at 8680 Koekelare, Brouwerijstraat 14, Belgium and registered in the Crossroads Bank for Enterprises under number 0419.321.102, bank account BE887340 59716441 KREDBEBB KBC Bank NV.
Product: the good or service You purchased, whether it is one or more items.
Website: the website on which You purchased the Product: shop.polletpoolgroup.eu
Customer, You or Your: any natural or legal person who purchases a Product through the Website and who is not a consumer.
The term “Parties” refers to both the Seller and the Customer. The term “Agreement” shall refer to the contractual relationship between the Parties, as provided under clause 2.
2. Relationship between Parties.
The contractual relationship between the Parties shall be governed exclusively by:
- The order confirmation you received after your order or purchase(s);
- these General Terms and Conditions;
- Seller’s Privacy Statement . You may download a copy of this Privacy Statement on the following page:Privacy Policy .
The aforementioned documents are an integral part of these General Terms and Conditions. By accepting these General Terms and Conditions, You also agree to these documents.
In addition to these General Terms and Conditions, if expressly provided, specific terms and conditions may also apply to a particular Product, e.g. in the context of promotions. In that case, such specific terms and conditions take precedence over these General Terms and Conditions.
Placing an order on the Website constitutes express acceptance of these Terms and Conditions. These Terms and Conditions on this Website may be modified by the Seller without prior warning. Consequently, you will want to consult these General Terms and Conditions again each time you place an order. The terms and conditions published on the Website at the time of purchase shall govern the Agreement.
Any terms and conditions of the Customer are expressly excluded.
3. Offers
The offers and illustrative photographs on the Website are compiled with the greatest possible care. Nevertheless, it is always possible that the information offered is incomplete, contains material errors, or is not up-to-date. With regard to the accuracy and completeness of the information offered, the Seller is only bound by an obligation of means. Under no circumstances shall the Seller be liable in case of material errors, misprints or deviations from the Products presented in any illustrative photos.
All offers on the Site are valid while stocks last and are always without obligation. If You buy a Product which later appears to be out of stock, the Seller shall be entitled to cancel the order; in such case, You shall not be entitled to any compensation. Offers addressed to You by name are valid for 14 days, unless otherwise stipulated.
The Seller reserves the right to refuse any order request without giving any reason or if You the Seller would have outstanding and already past due debts.
The sale is deemed to have originated at the Seller’s address.
4. Prices and payment
The prices per product indicated on the Website exclude VAT and shipping costs unless otherwise indicated. Any other taxes or duties arising between the time of the order and the delivery are the responsibility of the Customer. Payment must be made to the Seller’s address at Brouwerijstraat 14, 8680 Koekelare.
Payment must be made via the direct payment methods indicated on the Website or if permitted within fourteen days of the order confirmation, unless the due date was specified otherwise.
Any delay in payment will give rise, after a first notice of default, to the forfeiture of interest on arrears at 12% per annum and the lump sum compensation as described in Art. 9. Any payment terms may only be granted in writing. In the event of late payment, the Seller shall also be permitted, at its option, to suspend (further) delivery or to dissolve the Contract with immediate effect.
Unless proven otherwise, the computer records and logs of the Seller and those of its service providers shall constitute evidence of all transactions between the Seller and You. The given number of Your debit card number, Your credit card number or the passing of a transfer order, as well as Your final approval of the order shall constitute evidence of Your agreement to Your order and these Terms and Conditions. Such approval serves as Your signature.
5. Delivery and transfer of risk
5.1. Delivery time
Delivery periods and/or delivery dates are provided by way of information only, they are thus only indicative and do not bind the Seller. Delays in delivery or the performance of work shall not entitle the Customer to breach the Contract or to any form of compensation.
5.2. Place of delivery
If You do not collect the ordered Products yourself from the pick-up points specified by the Seller, deliveries will be made to the address specified by the Customer during the formation of the Agreement. Deliveries can only take place in Belgium, Germany, Luxembourg and the Netherlands. In case of delivery to the Customer and, if the Customer is absent at the time of delivery, the Customer must contact the carrier. If the Customer does not contact the carrier, the Product will be returned to the Seller, and the latter will be entitled to charge the Customer for the additional transportation costs incurred. The Customer can never claim any compensation for such non-delivery.
Delivery in your absence is possible only with your permission. This is at your own risk and under no circumstances will the Vendor be liable in the event of loss or damage.
If the Product cannot be delivered to the address provided by the Customer, the Seller reserves the right to terminate the Agreement by operation of law, without prejudice to its other rights. The Customer will be notified of the termination by the Seller. In any case, if necessary, the useless transport costs shall be borne by the Customer and the Customer shall remain liable for payment in full.
If the delivery is made in parts, the Seller has the right to consider each delivery as a separate order.
The shipping rates charged for deliveries are indicated on our website https://polletpoolgroup.eu/delivery/
5.3. Retention of title
The Seller retains full ownership of the Products until all Your obligations have been fulfilled, in particular but not limited to full payment of the price, costs and possible interest. In the absence of full payment of the price, the Customer is not allowed to alienate or use the Product.
5.4. Risk transfer
The transfer of risk occurs at the time of shipment from the Seller’s warehouses.
The Customer must check the packages for defects upon receipt of the Products and note any damage or irregularities on the carrier’s delivery note, failing which the packages shall be deemed delivered free of any transport damage. The Customer always has the right to refuse the Products if substantial damage can be detected.
6. Liability
The Seller’s liability for non-compliance with its contractual obligations cannot be invoked in the event of force majeure. In this case, the Seller may suspend its obligations for as long as the force majeure situation lasts, or definitively terminate the Contract. The Seller is not liable to pay any compensation to the Customer in the event of force majeure. Force majeure includes, but is not limited to, national or local emergencies, acts or omissions of public authorities, actions of employees (including strikes and lockouts), bugs in third-party software, failures in the (tele)communications network and acts or omissions of third parties beyond the reasonable control of the Seller (such as a strike at the transport or mail order companies resulting in late delivery to the Buyer).
The entire liability of the Seller shall be limited exclusively to any direct damage, which shall in any case be limited to the purchase price (excl. services) of the Product with a maximum of €1,500.00. Under no circumstances shall the Seller be liable for any indirect damage such as but not limited to loss of enjoyment, loss of opportunity, emotional damage, administrative costs, loss of time or any other form of indirect damage that was not foreseeable at the time You purchased the Product.
Nor can the Seller be held liable for damages inherent in the use or misuse of the Internet (interruption, virus, etc.).
To the extent that the exoneration contained in this Article would confer on the Seller a benefit that would exceed the statutory maximum limits of applicable law (see Article 12), the limitation of liability in this Article shall be limited to these maximum limits.
7. Warranty
Any complaints regarding visible defects in the Product must be reported no later than the third day after delivery under penalty of cancellation.
The Customer must report any complaints regarding hidden defects within a period of 7 days after discovery of the defect in question.
If a warranty applies to the Product, it is described in the catalog.
Customers should first register returns, warranty or otherwise, at https://polletpoolgroup.eu/nl/dienst-na-verkoop/.
If the Product is not covered by any warranty, the costs associated with investigating or repairing the defect shall be borne by the Customer. If the Customer does not pay these costs while the Seller has the Product in detention, after the expiration of the failure to pay for 6 months, the Customer’s ownership shall lapse and revert to the Seller.
8. Duty of acceptance
We comply with all legal obligations regarding the disposal of waste batteries and electrical and electronic equipment where applicable to the products sold by us. We and our partners ensure that batteries and electronic devices sold by us are properly taken back and processed. We emphasize to our customers that, in accordance with applicable regulations, electrical and electronic devices and batteries that are at the end of their useful life or obsolete, or no longer work, must not be thrown in the garbage or in the selective sorting bins of their municipality. This prohibition is indicated on the products themselves by the crossed-out garbage can symbol. The purpose of these regulations is to reduce the waste of resources and to protect the environment and human health by preventing the dispersion into nature of substances in certain devices. You have the option of delivering this waste to an appropriate collection point.
9. Archiving
In accordance with the relevant accounting provisions, the Vendor must archive the concluded contract and keep it for the statutory retention period. The archived contract is not accessible to the Visitor.
10. Default
If the Customer fails to fulfill his payment obligation under Art. 4, he shall also be liable for liquidated damages of 10% of the principal amount due, with a minimum of €250, on the total outstanding principal amount.
11. Intellectual property
Our Website, logos, texts, photographs, names and all our communications in general are protected by intellectual property rights vested either in us, our suppliers or other rights holders.
It is forbidden to use and/or modify the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photos names, texts, logos color combination, etc … without our prior and express written consent.
12. No waiver and nullity
The fact that the Seller decides not to claim any of the clauses of these General Terms and Conditions at any given time shall in no way constitute a final waiver of these clauses.
The possible invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of the other provisions. An invalid or unenforceable provision (in whole or in part) shall be replaced by operation of law and automatically by a new, valid and enforceable provision that comes as close as possible to the purpose (incl. consequences) of the text of the original provision.
13. Complaint resolution and disputes.
The contractual relationship between the Parties shall be governed exclusively by the law in force in Belgium. The Vienna Sales Convention is expressly excluded.
If the Customer should have complaints about our services, he can contact us at info@polletpoolgroup.com. The Vendor will make every effort to address your complaint within 7 days.
In addition, for disputes of a cross-border nature, you can use the European Union’s Online Dispute Resolution platform at this link: http://ec.europa.eu/odr
Should the Parties still not come to an agreement through the Seller’s personal complaint service, the Customer can contact SafeShops. If the complaint is accepted by SafeShops, it will neutrally mediate between the Seller and you, the Customer. Please note that only complaints submitted through the complaint form on https://www.safeshops.be/nl/consumers-complaints/ will be handled. This way Safeshops immediately has all the correct data to further handle the complaint.
The Belgian courts have exclusive jurisdiction. The courts of the judicial district of Ghent – Kortrijk division are territorially competent to take cognizance of all possible disputes between the Parties, unless otherwise provided by mandatory law. Notwithstanding the above-mentioned competence, the Seller may also decide, at its sole discretion, to summon one of the courts competent in accordance with art. 624 of the Judicial Code. W.