1        Definitions

Seller:     
Pollet Pool Group NV, with its registered office at 8680 Koekelare, Brouwerijstraat 14, Belgium and registered in the Crossroads Bank for Enterprises under number 0419.321.102.

Product:
The good or service You have purchased, whether one or more items.

Website:
The website on which You have purchased the Product: shop.polletpoolgroup.eu

Customer, You or Your:
any natural or legal person who purchases a Product via the Website and who is not a consumer.

The term “Parties” refers to both the Seller and the Customer. The term “Agreement” refers to the contractual relationship between the Parties, as provided under Art. ‎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);
• this General Terms and Conditions;
• seller’s Privacy Statement. You can download a copy of this Privacy Statement on the following page:Privacy Policy.

The aforementioned documentsform an integral part of this General Terms and Conditions. By accepting this General Terms and Conditions, You also agree to these documents.

In addition to this General Terms and Conditions, if expressly provided, specific conditions may also apply to a particular Product, e.g. in the context of promotions. In that case, such specific conditions take precedence over this General Terms and Conditions.

Placing an order on the Website constitutes express acceptance of this General Terms and Conditions. These terms and conditions on this Website are subject to change by the Seller without notice. Consequently, you will want to consult this General Terms and Conditions with every order. The terms and conditions published on the Website at the time of purchase govern the Agreement. Any terms and conditions of the Customer are expressly excluded.

3        Offers

The offer and illustrative photos on the Website are compiled with the utmost care. Nevertheless, it is always possible that the information offered is incomplete, contains material errors, or is not up-to-date. As regards the accuracy and completeness of the information offered, the Seller is only bound by a best efforts obligation. Under no circumstances shall the Seller be liable in the event of material errors, printing errors or deviations from the Products presented in any illustrative photographs.

All offers on the Website are valid while stocks last and are always without obligation. If You buy a Product which is subsequently found to be out of stock, the Seller shall be entitled to cancel the order; if so, You shall not be entitled to any compensation. Offers addressed to You by name have a validity period of 14 days, subject to other provisions.

The Seller reserves the right to refuse any order request without giving any reason or if You have outstanding and already expired debts with respect to the Seller. 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 delivery shall be borne by the Customer. Payment should be made at 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 14 days of the order confirmation, unless the due date was specified otherwise.

Any delay in payment, after a first notice of default, will give rise to the forfeiture of interest on arrears at 12% per annum and flat-rate compensation as described in art. ‎9. Any payment terms can only be granted in writing. In case of late payment, the Seller is furthermore allowed, at its discretion, to suspend (further) delivery or to dissolve the Agreement with immediate effect.

Unless proven otherwise, the computer records and log files of the Seller and those of its service providers shall constitute evidence of all transactions between the Seller and You. The specified number of Your debit card, Your credit card or the transmission of a transfer order as well as Your definitive approval of the order shall constitute proof of Your agreement to Your order and this General Terms and Conditions. That approval serves as a signature.

5        Delivery and transfer of risk

5.1     Delivery time

Delivery times and/or delivery dates are provided for information purposes only and are thus only indicative and not binding on the Seller. Delay in the delivery or performance of work shall not entitle the Customer to cancel the Agreement or to any compensation.

5.2     Place of delivery

If You do not collect the ordered Products yourself from the collection 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 is entitled to charge the Customer for the additional transport costs incurred. The Customer can never claim any compensation for such non-delivery.

By accepting this General Terms and Conditions , You agree that delivery of the order may be received by third parties, such as neighbours, but solely at Your risk.

If the Product cannot be delivered to the address specified by the Customer,
the Seller retains 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 unnecessary 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 shall be entitled to regard each delivery as a separate order.

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 any interest. In the absence of full payment of the price, the Customer is not allowed to dispose of or use the Product.

5.4     Risk transfer

The risk transfer takes place at the time of shipment from the Seller’s warehouses.

Upon receipt of the Products, the Customer shall check the packages for defects 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 established.

6        Liability

The Seller’s liability for non-compliance with its contractual obligations cannot be invoked in cases of force majeure. In that case, the Seller may suspend its obligations for as long as the force majeure situation lasts, or terminate the Agreement definitively. The Seller shall not owe any compensation to the Customer in the event of force majeure. Force majeure shall include, but is not limited to,
national or local emergencies, acts or omissions of public authorities, employee actions (including strikes and lock-outs), bugs in third-party software, disruptions in the (tele)communications network and acts or omissions of third parties beyond the reasonable control of the Seller (such as a strike at transport or mail order companies resulting in late delivery to the Buyer).

The full 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. In no event shall the Seller be liable for any indirect damage including, but not limited to, loss of use, 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 damage 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 art. ‎12), the limitation of liability in this article should be limited to those 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 catalogue. 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 charges while the Seller has the Product in detention and fails to pay them for 6 months, the Customer’s ownership will lapse and revert to the Seller.

8        Archiving

In accordance with the relevant accounting provisions, the Seller must archive the concluded contract and keep it for the statutory retention period. The archived contract is not accessible to the Visitor.

9        Non-performance

If the Customer fails to meet its payment obligation under Art. ‎4, he shall also owe on the total outstanding principal amount a lump-sum compensation of 10% of the principal amount due, with a minimum of €250.

10      Intellectual property

Our Website, logos, texts, photos, 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 prohibited 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, colour combination, etc without our prior and express written consent.

11      No waiver and nullity

The fact that the Seller decides at any time not to claim any of the clauses of this General Terms and Conditions, shall in no way constitute a final waiver of these clauses.

The possible nullity 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.

12      Complaints and disputes

The contractual relationship between the Parties is governed exclusively by the Belgian law in force. The Vienna Sales Convention is expressly excluded.

If the Customer should have any complaints about our services, he can contact us at info@polletpoolgroup.com. The Seller will make every effort to address your complaint within 7 days.

In addition, for disputes of a cross-border nature, you may use the European Union’s Online Dispute Resolution platform via this link: http://ec.europa.eu/odr

Should the Parties still fail to reach an agreement together through the Seller’s personal complaint service, the Customer may contact SafeShops. If the complaint is accepted by SafeShops, it will mediate neutrally between the Seller and you, the Customer. Please note that only complaints submitted through the complaint form at https://www.safeshops.be/nl/consumers-complaints/ will be processed. This way SafeShops immediately has all the right data to further handle the complaint.

The Belgian courts have exclusive jurisdiction. The courts of the judicial district of Ghent – Kortrijk division have the territorially jurisdiction to take cognisance of all possible disputes between the Parties, except for mandatory legal provision to the contrary. Notwithstanding the aforementioned jurisdiction, the Seller may also decide, according to its exclusive discretion, to sue before one of the courts competent in accordance with art. 624 Ger. W.