Terms of Sale – KLIUM

1. Definitions and application of the Terms of Sale

The present terms of sale (hereafter the “Terms of Sale”) can be found on the website www.klium.com (hereafter: the “Website”). The Website and the related services are offered by:

IBSS NV (hereafter: “KLIUM”, “We” and “Us”)
Ekkelgaarden 26
B-3500 Hasselt
BELGIUM
Company number (VAT-BE): 0866.903.252
Email: info@klium.com
Phone: 0032 (0)3 74 000 41

For the purpose of these Terms of Sale, the following definitions shall have the following meanings:

  • Purchaser”: Every natural person who enters into a contractual relationship with KLIUM, including, but not limited to: Consumers and Professional Customers. Further also referred to as “you” or “your”.
  • Consumer”: Every natural person in the capacity of Purchaser acting for purposes outside his business or professional activity.
  • Products”: All goods that are the subject matter of one or more Sales Contracts.
  • Professional Customer”: any natural or legal person in the capacity of Purchaser, acting for purposes within its business or professional activity.
  • Goods made to the Consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.
  • Sales Contract”: Every contract in which KLIUM commits to transfer the property of the Products to the Purchaser and where the Purchaser commits to pay for these Products.

The Terms of Sale apply to all current and future sales of Products by KLIUM to the Purchaser. By using the Website, the Purchaser accepts these Terms of Sale, as well as all other rights and obligations as stated on the Website.

These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.

KLIUM reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential agreements.

2. Offer and acceptance

Our online offer is presented with the utmost care. KLIUM provides information about the features of the Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us. The images displayed on our Website provide an approximate representation of the substantial features of our Products.

Our online offer is presented as an invitation to purchase. KLIUM is not bound by its online offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.

To purchase a Product from the KLIUM range, the Purchaser must complete our online ordering method. Each Purchaser agrees not to purchase the Products of KLIUM with the sole purpose of reselling them. A purchase via our online ordering method is binding on the Purchaser. KLIUM will send a confirmation of the order directed to the e-mail address specified by the Purchaser at the moment of ordering. The Sales Contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by KLIUM.

KLIUM retains the possibility to unilaterally reject an order placement by means of an explicit statement. KLIUM will inform the Purchaser and will (where possible) propose a similar Product if the initial order cannot be executed or can only be partially executed. There is no Sales Contract if KLIUM refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon ​​refunded. The Purchaser is not entitled to any form of compensation.

The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, KLIUM can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

There are some Products that cannot be ordered trough our online order service. This is always clearly indicated on the Website. In such cases, the Purchaser has to contact KLIUM in order to receive a personalized quotation. Such a quotation is valid for a period of thirty (30) calendar days, unless another period is mentioned. These Terms of Sale are also applicable to the offer in the quotation and every Sales Contract that results from it.

3. Pricing

All prices are indicated in EURO and include VAT and other taxes. If the Purchaser is a Professional Customer, the prices may exclude VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. KLIUM will communicate these costs in the last step of our online ordering process.

The price as displayed on the order confirmation is the final price to be paid. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by KLIUM after the conclusion of the Sales Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the order confirmation, in writing. The filing of a complaint does not suspend due payments.

We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

4. Payment terms

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our Website:

  • VISA
  • Mastercard
  • PayPal
  • Bank transfer

In the future, KLIUM can always expand or limit the payment methods. These expansions and limitations will always be announced on our Website. KLIUM takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.

We make use of the secured payment system of Docdata Payments for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.

The Purchaser has the possibility to choose a method which, by its nature, does not imply immediate payment, such as bank transfers. In that case, the Purchaser has fourteen (14) days after the confirmation to pay. If the Purchaser has not paid by that time, he is legally in default. KLIUM therefore has the right to ask an interest at the legal interest rate. This interest is owed for the period in between past payment term and the payment in full of the outstanding amount. Added to this amount, KLIUM has the possibility to reclaim all judicial costs due to non-payment. After three (3) reminders, further steps will be taken.

KLIUM shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. KLIUM always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

5. Delivery

We process every order in a rapid manner. Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation. If KLIUM fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser is recommended to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the Sales Contract if KLIUM fails to deliver the Products within the additional communicated timeframe. In the event of such termination, KLIUM will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Sales Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.

When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.

KLIUM uses external parties and carriers for the execution of the delivery. This may have an effect on the deliveries. If an order that has been sent remains undelivered, KLIUM will conduct an investigation at the carrier’s end. This can take several days. During this period, KLIUM cannot provide any reimbursement or proceed to a re-delivery of the Products.

The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

KLIUM bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from KLIUM to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

The Purchaser is solely responsible for the installation of the ordered Products. The Purchaser confirms to have been notified of the accompanying information, installation and safety prescriptions of the Product. On explicit demand from the Purchaser, KLIUM can recommend specialized third parties for the installation of the Products. KLIUM is never a party in the agreement between the specialized third party and the Purchaser, nor is KLIUM liable for damages caused by these third parties.

6. Statutory warranty

1. General

Every Consumer has a legal warranty period of two (2) years. The Consumer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product (non-conformity), in so far as the Consumer could not establish this non-conformity upon receipt of the Product.

  • If the Product is defective within the first six months after delivery, there will be a presumption that the defect has existed since delivery. KLIUM can prove the opposite.
  • If the Product defect is detected more than six months after delivery, then the Consumer must prove the non-conformity of the Product at the time of delivery.

Furthermore, KLIUM shall be responsible with respect to all Customers (Consumers and Professional Customers) for the hidden (non-visible) defects in the Products delivered by it. For the Consumer, this system applies after the statutory guarantee period of two years has expired. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, each Customer is entitled to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.

The statutory warranty does not apply to:

  • Damage caused by normal wear and tear, accidental or deliberate changes made by the Customer to the Products, including injudicious and incorrect use and exposure to moisture, fire, earthquake and other external causes;
  • Damage caused by an installation and use in a manner that is not in accordance with the instructions and information provided;
  • Damage caused by the removal of seals on certain parts and the removal or rendering illegible of the serial number and other numbering of product ranges. The Customer or any unauthorized third party may never remove this seal without the express written consent of KLIUM or the manufacturer;

Additional commercial warranties are always possible in accordance with the Terms of Sale and are always expressly communicated.

2. Klium Warranty

2.1 Duration and commencement

In addition to the statutory two-year warranty, KLIUM offers the Consumer a commercial warranty on power tools/machines. If the above conditions are met, the Consumer can benefit from a total of five (5) years warranty. In order to invoke this additional commercial warranty, the Consumer must register the purchase of his power tool/machine with the relevant manufacturer.

By registering his purchase with the manufacturer, the Consumer receives an additional manufacturer or brand warranty of one (1) year from the manufacturer. After the end of this year, the Consumer will benefit from two (2) additional years of seller's or Klium warranty. Every Consumer automatically receives the two (2) year KLIUM warranty after the purchase has been registered with the manufacturer.

The Consumer does not need to take any further action. During the two additional years of KLIUM-warranty, KLIUM will apply the same warranty conditions as the manufacturer, unless otherwise stated in the sales note, advertising or labelling. The commercial warranty period starts when the statutory warranty expires.

2.2 Application conditions

In order for the Consumer to be able to invoke the commercial warranty offered, the following conditions must be met:

a) The purchase relates to a power tool/machine of one of the following brands: Bosch, Dewalt, Fein, Festool, Hitachi/Hikoki, Makita, Metabo, Milwaukee and Spit.

b) The purchase was registered in due time with the relevant manufacturer.

c) The purchase took place after 02/07/2018. Consumers who made a purchase before that date are therefore not entitled to invoke the commercial warranty.

d) At KLIUM's request, the Consumer must present the current warranty contract, together with the order confirmation and proof of payment.

2.3 Repair and replacement

Defects shall be remedied free of charge within a reasonable period, either by repair or by replacement of the relevant parts. The costs (transport costs, travel costs, working hours and the costs of the relevant parts) shall be borne by KLIUM. Replaced parts or devices become the property of KLIUM.

Unlike the statutory warranty, the warranty period is not extended by warranty work and replacement deliveries within the context of the commercial warranty. The warranty does not include any further right to compensation from KLIUM, unless the Consumer can prove that the technician authorized by KLIUM and responsible for the work acted intentionally or with gross negligence.

The commercial warranty does not cover the delivery of consumables and accessories.

2.4 Limitation of the commercial warranty

The Consumer cannot invoke the commercial warranty for defects and malfunctions resulting from:

a) Incorrect setup or installation, for example due to non-compliance with the applicable safety regulations or the instructions in the operating, installation and assembly instructions, incorrect use and incorrect handling or overload;

b) External influences, such as transport damage, damage caused by shocks and hits, damage due to weather or other natural phenomena;

c) Repairs and modifications carried out by service organizations which are not trained and authorized by KLIUM for this work;

d) Parts that wear out depending on the nature and intensity of use;

e) Current and voltage fluctuations which are outside the tolerance range specified by the manufacturer;

f) Failure to carry out maintenance and cleaning work in accordance with the usage instructions.

3. Complaint mechanism

The Customer or the third party designated by the Customer is required to examine the Products accurately on their conformity as soon as he receives the Products. If the Product is affected by a defect, and the receiver perceives this defect, he must submit a complaint.

Customer shall communicate these complaints towards KLIUM in a written statement and in an explicit, unambiguous and motivated manner. This must be done:

  • For visible defects: within three (3) calendar days upon delivery to the KLIUM or third party designated by the Customer.
  • For invisible defects: within two (2) months upon discovery of the presumed defect.

It is the duty of the Customer to motivate this communication sufficiently. In the absence of a (sufficiently) motivated complaint, the Customer is not entitled to send back the Products. We advise to use every reasonable technical measure such as photos and videos in order to substantiate your complaint.

4. How to return a Product when exercising your statutory warranty right

Every Customer is obliged to send back the Product to KLIUM within thirty (30) calendar days after filing the complaint with a view to a repair, replacement or refund. In the other case, the suspension of the statutory warranty period will be considered invalid.

The term of thirty (30) calendar days does not apply when it is clearly shown that the Product is damaged as a result of transportation. In such event, the Customer shall return the Product without delay and at the latest within three (3) calendar days.

Products must be returned to KLIUM in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction in the repayment.

Sending back a Product is always at risk of the Customer. All costs for return shipment shall be borne by KLIUM, if the Customer complies with the warranty terms. KLIUM will provide the Customer with a return slip. In any case, we recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.

5. Repair or replacement

If the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, the Customer will receive a voucher with a value equal to the amount of the initial order. The Customer always has the right to refuse the voucher and demand a full refund instead.

KLIUM is only held to a refund if the reparation or replacement no longer produces the same benefit for the Customer. The Customer will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Customer.

If the Products have been sent back even though the conditions were not met, KLIUM will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. KLIUM may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.

7. Right of Withdrawal

1. General

The Consumer enjoys a right of withdrawal, in accordance with the Distance Selling Regulations (DSR) and article VI.47 Belgian Code of Economic Law The right of withdrawal provides the Consumer with the possibility to terminate the Sales Contract within fourteen (14) calendar days after the delivery. No motivation or penalty fee is required. KLIUM welcomes your feedback in order to improve its services. 

If the Consumer applies his right of withdrawal in conformity to the legal conditions, KLIUM will take care of the reimbursement of the amount actually paid for the Product within fourteen (14) calendar days after the Consumer has notified KLIUM that he is exercising his right of withdrawal. A refund will be given for the total value of the order, with the exception of shipping costs for returning the Products. The refund will be carried out by means of the same payment method you used for the initial transaction, unless you expressly agree otherwise. No additional fee will be charged for the refund.

Attention: KLIUM does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.

2. Exceptions to the right of withdrawal

The Consumer is not entitled to exercise his right of withdrawal in the following cases:

  • The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3°);
  • The supply of goods which are liable to deteriorate or expire rapidly (Article VI.53, 4° WER);
  • The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° WER);

3. How to exercise your right of withdrawal

The Consumer who wishes to exercise the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since the day of acquiring physical possession of the Products.

It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:

  • The following three dates:
    1. The date of order, date of receipt and the date on which the right of withdrawal is used;
    2. Name and address of the Consumer;
    3. Signature of the Consumer.

Please click here to print the form which is to be used for any and all returns. The notice of withdrawal must be sent by e-mail to info@klium.com or by mail to Ekkelgaarden 26, B-3500 Hasselt, BELGIUM.

4. How to return a Product when exercising your right of withdrawal

The Consumer must return the Products to KLIUM as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The delivered Products have to be returned to the following address: Ekkelgaarden 26, B-3500 Hasselt, BELGIUM.

The Consumer has to return the Product by safe means of transportation in order to ensure that the Product arrives in good condition. The return shipment can only be done by manner of an authorized carrier. We strongly recommend you to insure your return shipment to the extent that you are responsible for the care of the items and will be responsible for any damage caused until they are received at our warehouse. In case of dispute, we also recommend that you keep a proof of sending. In any case, the Consumer will bear all costs and risks of return. KLIUM may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.

In addition, he Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, char­acteristics and functioning of the products. KLIUM is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after KLIUM has repaid the initial purchase price to the Consumer.

The Consumer has no right of withdrawal if the above conditions are not met. In that case, the Products will be returned to the Consumer at the expense and risk of the Consumer. KLIUM commits to clearly communicate its motives to the Consumer.

8. Force Majeure

Force majeure exists if KLIUM is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case KLIUM is not obliged to fulfil its obligations. KLIUM may suspend its obligations for the duration of the force majeure.

9. Intellectual property

KLIUM retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Product.

10.  Processing personal data

The information you provide is necessary for the processing and completion of the orders, invoicing and the follow-up of return cases. If these details are missing, the order will inevitably be canceled. Providing incorrect or false personal data is considered to be an infringement of these Terms of Sale. The Purchaser's personal data will only be processed in accordance with the applicable Privacy Statement, which can be consulted here: https://www.klium.com/content/2-klium-privacy-statement.

11. Applicable law and court of competent jurisdiction

These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.

In the event of any dispute regarding the execution or interpretation of these Terms of Sale, KLIUM will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).

All disputes relating to or arising from offers made by KLIUM, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district Limburg.

KLIUM abides by the code of conduct and complaints procedure put forward by Becommerce. These codes can be found here https://www.becommerce.be/en/consumers/complaints/complaints-mediation. As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body. For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Form: Right of Withdrawal

(Download it here)

With this form we help you make use of your right of withdrawal on a simple and efficient way. Please keep in mind that exceptions to the right of withdrawal exist and that you as a purchaser will remain liable for any substantial depreciation of the product. Please only use this form in case you want to withdraw the agreement.

Directed to:
KLIUM
Ekkelgaarden 26
Hasselt
Belgium
VAT BE 0866.903.252

Contact details consumer (hereafter “I”):
Name and Surname:
Address:
Zip Code and City:

I hereby declare that I want to withdraw our agreement concerning the delivery of the following products:
...

These products were ordered on  .. / .. / ... and received on .. / .. / ....

I declare to have completed this form in a correct, truthful and complete way:

Consumer(s)’s autograph (*)  Date .. / .. / ....

(*) Only if this form is sent in paper form.

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