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General

Terms and Conditions

Download the terms and conditions here

Home shopping - Private individuals

Table of contents

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

  • 1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • 2. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  • 3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  • 4. Day: calendar day;
  • 5. Digital content: data which is produced and supplied in digital form;
  • 6. Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content during a specified period;
  • 7. Durable medium: any means, including e-mail, which enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the information stored;
  • 8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • 9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services at a distance to consumers;
  • 10. Distance contract: a contract concluded between the trader and the consumer under an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
  • 11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with regard to their order;
  • 12. Means of distance communication: any means that can be used to conclude an agreement without the consumer and the trader being required to be in the same room at the same time.

Article 2 - Identity of the trader

KLIUM NV
Ekkelgaarden 26
3500 Hasselt
Belgium

Telephone number: 0800 0226 945 (on weekdays between 9 a.m. and 4 p.m.)
Email address: [email protected]
Chamber of Commerce number: 59217367
VAT number Belgium: BE0866903252

Article 3 - Applicability

  • 1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  • 2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge at the consumer's request.
  • 3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request by electronic means or in another manner.
  • 4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

  • 1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  • 2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
  • 3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

  • 1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
  • 2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  • 3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
  • 4. The entrepreneur may, within legal limits - check whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution.
  • 5. The trader shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
  1. the visiting address of the entrepreneur's place of business where the consumer can submit complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  3. information about guarantees and existing after-sales services;
  4. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
  5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal

For products

  • 1. The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
  • 2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  1. a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The trader may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  2. b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. c. in the case of contracts for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium

  • 3. The consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
  • 4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the absence of information about the right of withdrawal

  • 5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  • 6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  • 1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  • 2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
  • 3. The consumer is not liable for any diminished value of the product if the trader has not provided him with all the information required by law regarding the right of withdrawal before or at the time of conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  • 1. If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
  • 2. The consumer shall return the product or hand it over to (an authorised representative of) the trader as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. 3. The consumer shall return the product with all accessories supplied, if reasonably possible in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  • 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  • 5. The consumer bears the direct costs of returning the product. If the trader has not indicated that the consumer must bear these costs or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
  • 6. If the consumer withdraws after having expressly requested that the performance of the service or the delivery of gas, water or electricity which are not prepared for sale in a limited volume or specific quantity to commence during the cooling-off period, the consumer shall owe the trader an amount proportional to that part of the contract which the trader has performed at the time of withdrawal, compared to the full performance of the contract.
  • 7. The consumer shall not bear any costs for the performance of services or the supply of gas, water or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
  2. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

  1. he did not expressly agree to the commencement of the performance of the contract before the end of the cooling-off period;
  2. he has not acknowledged that he will lose his right of withdrawal when giving his consent; or
  3. the trader has failed to confirm this statement by the consumer.

9. If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

  • 1. If the trader makes it possible for the consumer to notify him of the withdrawal by electronic means, he shall send a confirmation of receipt immediately upon receipt of this notification.
  • 2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but no later than 14 days after the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  • 3. The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
  • 4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:

  • 1. Products or services whose price is dependent on fluctuations in the financial market which are beyond the entrepreneur's control and which may occur within the withdrawal period
  • 2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
  • 3. Service agreements, after full performance of the service, but only if:
  1. performance has begun with the consumer's express prior consent; and
  2. the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the agreement;

4. Package travel as referred to in Section 7:500 of the Dutch Civil Code and contracts for the transport of persons;

5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;

6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;

7. Products manufactured to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

8. Products that are liable to deteriorate rapidly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products that, after delivery, have been irrevocably mixed with other products due to their nature;

11. Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;

12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;

14. The delivery of digital content other than on a tangible medium, but only if:

  1. performance has begun with the consumer's express prior consent; and
  2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

  • 1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  • 2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
  • 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  • 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
  1. a. they are the result of statutory regulations or provisions; or
  2. b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 12 - Fulfilment of the agreement and additional guarantee

  • 1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • 2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil its part of the agreement.
  • 3. An additional guarantee is understood to mean any commitment by the trader, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it fails to fulfil its part of the agreement.

Article 13 - Delivery and performance

  • 1. The trader shall take the greatest possible care when taking delivery of and executing orders for products and when assessing requests for the provision of services.
  • 2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. With due observance of the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders with due care and speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  • 5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination and renewal

Termination

  • 1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  • 2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
  • 3. The consumer may terminate the agreements referred to in the previous paragraphs:
  1. terminate at any time and not be restricted to termination at a specific time or during a specific period;
  2. terminate at least in the same manner in which they were entered into by him;
  3. always terminate with the same notice period as the trader has stipulated for himself.

Extension

  • 4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  • 5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
  • 6. A contract concluded for a definite period and covering the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
  • 7. A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end at the end of the trial or introductory period.

Duration

  • 8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 15 - Payment

  • 1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
  • 2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  • 3. The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or stated.
  • 4. If the consumer fails to fulfil his payment obligation(s) on time, he will, after being notified by the trader of the late payment and the trader having granted the consumer a period of 14 days to still fulfil his payment obligations, be in default after payment has not been made within this 14-day-term, the consumer will owe statutory interest on the amount still due and the trader will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to £2,500; 10% on the next £2,500 and 5% on the next £5,000, with a minimum of £40. The entrepreneur may deviate from the aforementioned amounts and percentages in favour of the consumer. At Klium, you can pay with a digital invoice up to an amount of £200 if you are paying via AfterPay for the first time. If you are already known to AfterPay, you can pay up to an amount of £400. AfterPay will carry out a data check to approve your request to pay by direct debit. AfterPay has a strict privacy policy as described in its privacy statement. In the unlikely event that your request to pay by direct debit is not authorised, you can of course pay for the product you wish to purchase using another payment method.If you have any questions, you can always contact AfterPay. For more information, please refer to the consumer section of the AfterPay website.

Article 16 - Complaints procedure

Article 17 - Disputes

  • 1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by English law.
  • 2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
  • 3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable period of time.
  • 4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
  • 5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer should preferably first report this to the entrepreneur.
  • 6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a written request to do so by the entrepreneur, in writing whether he also wishes to do so or whether he wishes to have the dispute settled by the competent court. If the consumer does not inform the trader of his choice within the period of five weeks, the trader is entitled to submit the dispute to the competent court.
  • 7. The Disputes Committee will rule under the conditions set out in the Disputes Committee's regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are binding.
  • 8. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased its business activities before a dispute has been heard by the committee at a hearing and a final decision has been issued.
  • 9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee affiliated with the Foundation for Consumer Complaints Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee will preferably be competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid will be competent.

    Article 18 - Industry guarantee

    • 1. Thuiswinkel.org guarantees that its members will comply with the binding recommendations of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding recommendation to the court for review within two months of its dispatch. This guarantee will be reinstated if the binding recommendation is upheld after review by the court and the judgment confirming this has become final. has become final. Thuiswinkel.org will pay this amount to the consumer up to a maximum of £10,000 per binding recommendation. For amounts exceeding £10,000 per binding recommendation, £10,000 will be paid. For the excess amount, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice. If the claim against the trader exceeds £10,000, the consumer will be offered the option of transferring the claim in excess of £10,000 to Thuiswinkel.org, after which this organisation will, in its own name and at its own expense, seek payment in court in order to satisfy the consumer.

    Article 19 - Additional or deviating provisions

    Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

    Article 20 - Changes to the Thuiswinkel General Terms and Conditions

    • 1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

    Thuiswinkel.org

    www.thuiswinkel.org

    Horaplantsoen 20, 6717 LT Ede

    Postbus 7001, 6710 CB Ede

    Model withdrawal form (Download here)

    (only complete and return this form if you wish to withdraw from the agreement)

    To: [Name of business]
    [geographical address of the trader]
    [fax number of the trader, if available]
    [e-mail address or electronic address of the trader]

    I/We hereby inform you that I/we* have entered into an agreement concerning

    • the sale of the following products: [product description]*
    • the delivery of the following digital content: [description of digital content]*
    • the performance of the following service: [description of service]*,

    withdraw/withdraw*

    Ordered on*/received on* [date of order for services or date of receipt for products]

    [Name of consumer(s)]

    [Address of consumer(s)]

    [Signature of consumer(s)] (only if this form is submitted on paper)

    * Delete as applicable or fill in as applicable.

    Additional terms and conditions - Klium commercial warranty

    Duration and commencement

    All items sold by KLIUM are covered by the statutory warranty. Statutory warranty means that a product is or must do what the consumer can reasonably expect it to do. In addition to the statutory warranty, KLIUM offers the Consumer a commercial warranty on electric tools/machines. The manufacturer's or brand warranties and additional seller or KLIUM warranties covered by this commercial warranty do not affect the statutory warranty.

    To claim this additional commercial warranty, the Consumer must register the purchase of their power tool/machine with the relevant manufacturer. By registering their purchase with the manufacturer, the Consumer will receive an additional manufacturer's or brand warranty of one (1) year from the manufacturer. After this year, the Consumer will still enjoy 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 for this.

    During the two additional years of the Klium warranty, KLIUM applies the same warranty conditions as the manufacturer, unless otherwise stated in the sales document, advertising or labelling. The commercial warranty period begins on the date on which the statutory warranty period expires.

    Repair and replacement

    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 electrical tools/machinery of one of the following brands: Bosch, Dewalt, Fein, Festool, Hitachi/Hikoki, Makita, Metabo, Milwaukee and Spit.

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

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

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

    Conditions of application

    Defects found will be remedied free of charge within a reasonable period of time, either by repair or by replacing the parts concerned. The resulting costs (transport costs, call-out charges, labour costs and costs of parts) shall be borne by KLIUM. Replaced parts or devices shall become the property of KLIUM. Contrary to the statutory warranty period, the warranty period shall not be extended by warranty work and replacement deliveries within the scope of the commercial warranty.

    The warranty does not include any further right to compensation from KLIUM, unless the Consumer can prove that the technician authorised by KLIUM and responsible for the work acted intentionally or with gross negligence. The commercial warranty does not include the delivery of consumables and accessories.

    Limitation of the commercial warranty

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

    a) incorrect assembly or installation, for example by failing to observe the applicable safety regulations or the instructions in the operating, installation and assembly manual, incorrect use, as well as incorrect operation or loading;

    b) external influences, such as transport damage, damage caused by impact or blows, damage caused by weather conditions or other natural phenomena;

    c) repairs and modifications carried out by service organisations that have not been trained and authorised by KLIUM for this work;

    d) parts that are subject to wear and tear depending on the nature and intensity of use;

    e) power and voltage fluctuations that are outside the tolerance range specified by the manufacturer;

    f) failure to carry out maintenance and cleaning work in accordance with the operating instructions.

    Thuiswinkel Zakelijk

    Table of contents

    Article 1 - Definitions

    In these terms and conditions, the following terms have the following meanings:

    • 1. Day: calendar day;
    • 2. Digital content: data produced and delivered in digital form;
    • 3. Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content during a specified period;
    • 4. Durable data carrier: any means, including email, that enables the customer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period of time commensurate with the purpose for which the information is intended, and that allows for unaltered reproduction of the stored information;
    • 5. Customer: the natural or legal person acting in the exercise of their profession or business;
    • 6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to customers;
    • 7. Distance contract: a contract concluded between the entrepreneur and the customer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
    • 8. In writing: In these general terms and conditions, ‘in writing’ also means communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.
    • 9. Means of distance communication: means that can be used to conclude an agreement without the customer and the entrepreneur having to be in the same place at the same time.
    • 10. Website: The entrepreneur's webshop where products and services are offered that can be purchased by customers.

    Article 2 - Identity of the entrepreneur

    KLIUM NV
    Ekkelgaarden 26
    3500 Hasselt
    Belgium

    Telephone number: 085 760 32 22 (on weekdays between 9 a.m. and 4 p.m.)
    Email address: [email protected]
    Chamber of Commerce number: 027303384
    VAT number Belgium: BE0866903252

    Article 3 - Applicability

    • 1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
    • 2. If the customer includes provisions or conditions in their order, confirmation or communication of acceptance that deviate from or are not included in the general terms and conditions, these will only be binding on the entrepreneur if and insofar as they have been expressly accepted by the entrepreneur in writing.
    • 3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge at the customer's request.
    • 4. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or in another manner at the customer's request.
    • 5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the customer may always invoke the applicable provision that is most favourable to him.
    • 6. If any provision of these general terms and conditions is found to be invalid, this shall not affect the validity of the general terms and conditions as a whole. In that case, the parties shall replace the invalid provision(s) with a new provision or provisions that give effect to the original intention as far as possible.

    Article 4 - The offer

    • 1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
    • 2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
    • 3. The content of the website and the offer has been compiled with the greatest possible care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.

    Article 5 - The agreement

    • 1. The agreement is concluded at the moment the customer accepts the offer and complies with the conditions set out therein.
    • 2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
    • 3. If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately notify the customer of such revocation.
    • 4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
    • 5. If it appears that incorrect information has been provided by the customer upon acceptance or otherwise entering into the agreement, the entrepreneur has the right to only fulfil its obligation after the correct information has been received.
    • 6. The entrepreneur may, within the limits of the law, inform himself whether the customer is able to meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution thereof. The entrepreneur who, on the basis of the investigation, refuses the request or attaches special conditions to it, shall inform the customer of this as soon as possible, but no later than 3 days after the conclusion of the agreement, stating the reasons.li>

    Article 6 - The price

    • 1. All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless otherwise indicated) and, unless stated otherwise on the website, exclusive of other levies imposed by the government.
    • 2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This sensitivity to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
    • 3. The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree to the change has the right to terminate the agreement without any costs being charged by the entrepreneur.
    • 4. Any additional costs, such as delivery costs and payment costs, will be stated on the website and in any case shown during the ordering process.

    Article 7 - Fulfilment of the agreement and additional guarantee

    • 1. The Entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
    • 2. If the delivered product, service or digital content does not correspond to the agreement (is defective or faulty), the customer must notify the entrepreneur within 3 working days after he could reasonably have discovered this. If the customer fails to do so, he can no longer claim any form of repair, replacement, compensation and/or refund in respect of this defect.
    • 3. If the entrepreneur considers a complaint to be justified, the relevant products will be repaired, replaced or (partially) refunded after consultation with the customer. The entrepreneur may refer the customer to a manufacturer or supplier.li>
    • 4. If the customer returns the products on the basis of the provisions of this article, the customer may return the products. If a refund of amounts already paid in advance is made, the entrepreneur will refund these amounts within 30 days of receipt of the products.
    • 5. Manufacturers and/or suppliers may offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses to do so, he may mediate in the invocation of these guarantees by the customer.

    Article 8 - Delivery and execution

    • 1. Once the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, with due observance of the provisions of paragraph 3 of this article.
    • 2. The entrepreneur is entitled to engage third parties in the performance of the obligations arising from the agreement. 3. The delivery period is in principle 30 days, unless clearly stated otherwise on the website or when the agreement is concluded. The choice of carrier is at the discretion of the entrepreneur.
    • 4. If the entrepreneur is unable to deliver the products within the agreed period, he shall notify the customer thereof, stating the expected new delivery period. In that case, the customer shall be entitled to terminate the agreement and also to compensation for his damage resulting from the late or non-delivery up to a maximum of one times the purchase price if the late or non-delivery is due to intent or gross negligence on the part of the entrepreneur.. The customer shall inform the entrepreneur immediately after the latter has notified him of the late or non-delivery whether he still wishes to have the agreement fulfilled or whether he wishes to terminate it.
    • 5. Unless expressly agreed otherwise, the risk of the products to be delivered shall pass to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk shall pass upon transfer of the products.
    • 6. If the customer or the third party designated by him is not present at the delivery address at the agreed time of delivery to take delivery of the products, the entrepreneur is entitled to take the products back. At additional cost, the entrepreneur will offer the products to the customer again at a time and/or on a day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation will not lapse and any additional costs, including those for taking back the products, will be charged to the customer. 7. If the ordered product is no longer available, the entrepreneur will endeavour to offer the customer a similar product of similar quality. The customer is then entitled to terminate the agreement free of charge.

    Article 9 - Long-term transactions: duration, termination and renewal

    Termination

    • 1. The customer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity), digital content or services at any time, subject to the agreed termination rules and a notice period of two months.
    • 2. The customer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity), digital content or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of two months.
    • 3. The customer may terminate the agreements referred to in the previous paragraphs in writing.

    Extension

    • 4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity), digital content or services shall be tacitly extended for the same period as agreed.
    • 5. The aforementioned notice periods apply mutatis mutandis to cancellations by the entrepreneur.

    Article 10 - Payment

    • 1. The customer must make payments to the entrepreneur in accordance with the payment methods specified in the order procedure and, if applicable, on the website. The entrepreneur is free to choose the payment methods offered, and these may also change from time to time. Unless otherwise agreed, a payment term of 14 days applies in the case of payment after delivery, commencing on the day after delivery.
    • 2. If the customer fails to fulfil their payment obligation(s) on time, they will be in default immediately, without notice of default being required. The entrepreneur has the right to increase the amount due by the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him and any procedural costs to the customer and to recover these from the customer.

      Article 11 - Retention of title

      • 1. As long as the customer has not made full payment of the entire agreed amount, all goods delivered remain the property of the Entrepreneur.

      Article 12 - Liability

      • 1. Except in cases of intent or gross negligence, the total liability of the entrepreneur towards the customer for attributable failure to perform the agreement is limited to compensation of no more than the amount of the price stipulated for that Agreement (including VAT). In the case of a continuing performance contract, the aforementioned liability shall be limited to compensation of the amount that the customer owed to the contractor in the three months prior to the event causing the damage.
      • 2. The entrepreneur's liability towards the customer for indirect damage, including in any case – but expressly not limited to – consequential damage, lost profits, lost savings, loss of data and damage due to business interruption, is excluded.
      • 3. The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter have exercised one or more of their statutory rights in respect of that defect against the customer due to a defect in those products.
      • 4. Insofar as performance is not already permanently impossible, the entrepreneur's liability towards the customer for attributable failure to perform an agreement shall only arise after the customer has given the entrepreneur immediate and proper notice of default in writing, setting a reasonable period for remedying the failure, and the entrepreneur continues to fail to fulfil its obligations even after that period has expired. The notice of default must contain as detailed a description as possible of the failure, so that the entrepreneur is able to respond adequately.
      • 5. Any right to compensation is always conditional upon the customer reporting the damage to the entrepreneur in writing as soon as possible, but no later than 14 days after it has occurred.
      • 6. In the event of force majeure, the entrepreneur is not obliged to compensate the customer for any damage suffered as a result.

      Article 13 - Complaints procedure

      • 1. The entrepreneur has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
      • 2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has discovered the defects, fully and clearly described. 3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the customer can expect a more detailed answer.

      Article 14 - Disputes

      • 1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are governed exclusively by Dutch law.
      • 2. If disputes arise from the Agreement that cannot be settled amicably, they will be submitted to the competent court in the district where the entrepreneur is established. The entrepreneur and the customer may agree to settle their disputes by means of binding advice or arbitration.

      Article 15 - Right of withdrawal

      When ordering products up to £2,500:

      • 1. The customer may terminate an agreement relating to the purchase of a product (up to an amount of £2500) during a cooling-off period of at least 14 days without giving reasons. The trader may ask the customer for the reason for withdrawal, but may not oblige the customer to state his reason(s).
      • 2. The cooling-off period referred to in paragraph 1 commences on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
      1. a. if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
      2. b. in the case of agreements for the regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
      3. c. the product has been delivered to the address specified by the customer.

      3. During the cooling-off period, the customer is expected not to use the product. 4. The customer has no right of withdrawal if the total order value exceeds £2,500.

      Article 16 – Obligations of the customer during the cooling-off period

      • 1. During the cooling-off period, the customer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a shop.

      Article 17 – Obligations of the customer during the cooling-off period

      • 1. If the customer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
      • 2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
      • 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
      • 5. The customer bears the direct costs of returning the product.
      • 6. If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

      Article 18 – Obligations of the trader in the event of withdrawal

      • 1. If the trader enables the customer to notify him of the withdrawal by electronic means, he shall send an acknowledgement of receipt immediately upon receipt of this notification.
      • 2. The trader shall use the same means of payment for the refund as used by the customer, unless the customer agrees to a different method. The refund shall be free of charge for the customer.
      • 3. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

      Article 19 – Exclusion of the right of withdrawal

      • The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
      • 1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
      • 2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
      • 3. Service agreements, after full performance of the service, but only if:
      1. a. the performance has begun with the consumer's express prior consent; and
      2. b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;

      4. Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person; 5. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery; 6. Products which, after delivery, have been irrevocably mixed with other products due to their nature; 7. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

      Model withdrawal form

      (only complete and return this form if you wish to withdraw from the contract)

      To: [Name of trader]
      [geographical address of the trader]
      [fax number of the trader, if available]
      [e-mail address or electronic address of the trader]

      I/We hereby inform you that I/we* withdraw from our agreement concerning

      • the sale of the following products: [product description]*
      • the delivery of the following digital content: [description of digital content]*
      • the performance of the following service: [description of service]*,

      withdraw/withdraw*

      Ordered on*/received on* [date of order for services or date of receipt for products]

      [Name of consumer(s)]

      [Address of consumer(s)]

      [Signature of consumer(s)] (only if this form is submitted on paper)

      * Delete as applicable or fill in as applicable.

      Thuiswinkel.org
      www.thuiswinkel.org
      Horaplantsoen 20, 6717 LT Ede
      Postbus 7001, 6710 CB Ede

      de Juristen ICT-recht & intellectuele eigendom

      © deJuristen ICT Law & Intellectual Property (http://www.ictrecht.be). The information provided (Terms and Conditions, privacy statement, cookie statement and disclaimer) is protected by copyright, so that the information may not be reproduced or communicated without the prior written consent of deJuristen ([email protected]). All applicable intellectual property rights are therefore retained.

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