Through its website and webshop, NV PLASTIGI (Public Limited Liability Company PLASTIGI) provides an online platform for the sale of its Products. These General Terms and Conditions apply to all orders, agreements and sales concluded via the website and webshop of NV PLASTIGI, between you (the “Client”) and NV PLASTIGI, with registered office located at Lenskensdijk 3, 2200 HERENTALS, and Companies Registration No. 0406.043.681.
These General Terms and Conditions apply to traders and purchases for any professional use or professional purposes (B2B). The term “Client” should therefore be interpreted in this manner.
The Client undertakes not to purchase the products on the website purely for the purpose of their resale.
The account No. of NV PLASTIGI is BE29 5503 3036 0064.
By using, visiting or placing orders on the website, the Client declares that he agrees to the following conditions and provisions shown below (“the General Terms and Conditions of Sale”), accepts them, and undertakes to abide by them, and all other rights and duties mentioned on the website.
These Terms and Conditions of Sale are always and exclusively applicable, except in the case of explicit prior written deviation, whereby the remaining provisions of the Terms and Conditions of Sale shall remain fully applicable. In the event of explicit, advance, written deviation, the Client cannot draw consequences for general application or application in a different specific case, unless this is explicitly agreed in writing. Therefore, any terms and conditions of the Customer do not apply.
NV PLASTIGI reserves the right to amend and/or supplement these Terms and Conditions of Sale at any time. The Terms and Conditions of Sale applicable at the time of order continue to apply to previously-existing orders and the agreements arising from them.
The products offered by NV PLASTIGI (the “Products”) are those which are sold via the webshop/website at the time of the Customer placing his order.
NV PLASTIGI takes great care when posting information online regarding the characteristics of its products, including technical descriptions and photographs for illustration, and all of this in as much as technical resources permit this. All Products are described as accurately as possible. However, in spite of this, it is still possible that deviations or mistakes occur, or that the information presented is incomplete, contains material errors, or is out of date. Certain non-substantial characteristics of the supplied Product may differ from the photographs and descriptions on the website.
Obvious mistakes or errors in the offer are not binding for NV PLASTIGI and it cannot be held liable for them NV PLASTIGI is never liable in the event of obvious material errors, misprints or typographical errors.
Obvious or manifest errors in the statement of prices, such as obvious inaccuracies, can be rectified by NV PLASTIGI even after the realization of the agreement.
NV PLASTIGI cannot be held liable for damage caused by inaccuracies in the advice and information it provides concerning the Products it supplies.
Each offer and all offers (and price quotes) are commitment-free. A price quote issued in the name of the client is valid for a period of 30 days, and never applies to subsequent orders. Mere indication of a price, whether with or without a price quote or similar notification, shall not oblige NV PLASTIGI to conclude an agreement with the Client. Each offer on the website is purely and solely an invitation for the Client to perform a purchase. It cannot therefore be regarded as a binding offer issued by NV PLASTIGI. The offer applies while stocks last, and can be amended or withdrawn at any time.
NV PLASTIGI cannot be held liable for the unavailability of a Product.
NV PLASTIGI has the possibility to have specific terms and conditions apply to a specific offer, such as for example a limited period of application. If an offer has a limited application period or is subject to other terms and conditions, this is expressly mentioned in the offer.
If the Client wishes to purchase a product from the range of NV PLASTIGI, he must purchase it using the on-line order method, and follow the steps indicated on the webshop/website. The Client shall only enter accurate and correct data in/on the webshop/website. The Client shall inform NV PLASTIGI of each change in this information.
This purchase is binding for the Client. On confirmation of the order by the Client, cash payment is requested via the indicated payment method. Orders via the website/webshop are subject to a payment obligation.
An agreement arises directly upon written confirmation by NV PLASTIGI. NV PLASTIGI shall attempt to contact the Client using the email address indicated by the Client, in order to confirm the order, within three (3) calendar days of the order, without this period being binding. The agreement arises at the time of this order confirmation.
NV PLASTIGI reserves the right not to send a confirmation, and may at any time decide not to send a confirmation or to reject a product order by express declaration (for any reason at all, including but not limited to exhaustion of stocks, non-availability of the article, detection of an error in the offer, force majeure, serious fault on the part of the Client regarding orders involving the Client, etc.).
The Client must notify NV PLASTIGI of any (alleged) inaccuracies in a written confirmation of NV PLASTIGI in writing, within three (3) calendar days of the date of the confirmation, on pain of expiry/forfeit.
If one or more Products of an order are unavailable, NV PLASTIGI shall inform the Client, by email or in writing, that the whole or part of the order shall be cancelled or divided into parts, or NV PLASTIGI may perhaps suggest a replacement product. If NV PLASTIGI rejects the product order, or the Client does not accept the alternatives proposed, no agreement shall exist. The Client shall not be entitled to any form of compensation. NV PLASTIGI cannot be held responsible for this, or for any damage which may result from it.
If non-availability is established after the Client has already paid for the Products, NV PLASTIGI shall repay the amounts paid quickly and at latest within 30 calendar days.
The prices are those mentioned on the website at the time of the Client placing the order. NV PLASTIGI has the right to adapt these prices from time to time.
Unless explicitly indicated otherwise in writing, prices are expressed in Euros excluding VAT and other taxes, and reserving amendment and typographical errors. The costs of delivery, transport and shipping, and other additional costs (such as, for example, relating to payment methods, administrative costs, import duty and insurance, etc.) are not included. These costs are charged separately on top of the purchase price. These additional costs are expressly indicated at the last stage of the online ordering method or mentioned in the communication with the Client.
The Client shall owe the price made known to NV PLASTIGI in its confirmation, in accordance with Article 3 of these General Terms and Conditions of Sale. Complaints regarding the price (pricing) must be communicated clearly and in writing within 3 calendar days. This shall not result in suspension of payment.
In principle, each payment is completed immediately and in full, namely at the time of the Client placing the order. Payment is therefore made in advance via the payment process and the payment methods shown on the website/webshop.
Invoices are always issued.
In each case, irrespective of the manner of payment, NV PLASTIGI shall postpone its delivery obligations until full payment of all sums owed by the Client is received. The products shall remain the property of NV PLASTIGI until the time of full payment by the Client (payment of the purchase price and costs and including anything that the Client may owe in relation to failure to fulfil his obligations) and full performance of all of the Client’s undertakings, regardless whether delivery has already taken place.
If, in the event of force majeure or for technical reasons for any other reason, payment cannot be completed immediately, and payment did not take place in accordance with the above, payment must be made within 8 days one month of the invoice date, unless explicitly mentioned or agreed otherwise in writing.
Each invoice that is not protested by registered letter within 7 working days of its issue, shall be regarded as accepted by the Client.
If payment is not made within this period, the outstanding amount shall, lawfully and without notification of default, be immediately payable in one time, plus interest of 1% per month, as well as a fixed sum of compensation of 10% of the outstanding amount, with a minimum sum of compensation of € 250.00.
In each case of failure to pay, execution of all tasks accepted for the Client shall be suspended until full payment has occurred, or until a deadline to be set by NV PLASTIGI. If this deadline is breached, NV PLASTIGI shall be entitled not to execute the intended task, and to claim compensation.
All further collection costs, namely the extra-judicial and judicial costs for collecting NV PLASTIGI’s claim, shall be paid by the Client.
Payments made by the Client shall first be used to settle all costs and interest owed, and then to settle the longest outstanding invoices, even if the Client mentions that the payment relates to a more recent invoice.
Each order shall be processed quickly and carefully. Any delivery periods indicated are average processing and delivery periods, and are only indicative. Any delivery periods indicated are approximate periods, are subject to reserve and not binding. They shall never be regarded as a deadline The delivery option chosen may affect the delivery period. Nevertheless, NV PLASTIGI reserves the right to choose the most appropriate delivery method for each order. The delivery period shall only commence once the package containing the Products has been handed over to the external party used by NV PLASTIGI to perform delivery.
Breach of the delivery periods, regardless of the cause, shall not entitle the Client to compensation, nor to not respect any relevant obligation incumbent upon him.
After the elapse of the indicated delivery period, the Client has the right to notify NV PLASTIGI of default in writing by registered letter, and the Client must allow NV PLASTIGI a period of at least the initial delivery period indicated, in which to respect its obligations. If, after the elapse of this second period, NV PLASTIGI still fails to respect its obligations, the Client is entitled to cancel the agreement. NV PLASTIGI shall also never owe any compensation regarding this.
NV PLASTIGI is entitled to deliver an order in its entirety, or in consecutive parts. In the latter case, NV PLASTIGI is entitled to invoice the Client separately for each part of the delivery and to demand payment for them. If, and for as long as the Client fails to pay for part of a delivery, and/or the Client fails to respect other obligations arising out of the respective agreement or a previous agreement, NV PLASTIGI shall not be obliged to supply the following partial delivery, and, if it has not already been executed, shall be entitled to cancel the agreement without involving the courts and without notifying the Client of default, and shall retain the right to compensation.
NV PLASTIGI uses external parties to perform delivery, more specifically BME. The order is presented to the Customer in line with the procedure of the courier service/Post Office.
However, NV PLASTIGI is not responsible for late deliveries, or for orders misplaced by third parties, including the shipper, or due to unforeseen circumstances or force majeure.
It is the Client’s responsibility to make delivery possible at the agreed place, in the presence of the Client, or a third party designated by the Client. Delivery is regarded occurring when the Product has been presented once to the Client. If a delivery presented is unsuccessful due to a shortcoming on the part of the Client, or the third party designated by the Client, the costs of further delivery attempts shall be paid for by the Client.
NV PLASTIGI bears the risk of loss or damage of/to the Products up to the time of the Product leaving NV PLASTIGI’s operating site, or the site of NV PLASTIGI’s supplier. From such time, namely the time of the Product leaving NV PLASTIGI’s operating site or the site of NV PLASTIGI’s supplier, the risk transfers to the Client.
The Client cannot claim a right to guarantee if he was aware of the defects at the time of purchase.
On delivery of the Products, the Client or a third party designated by the Client, is obliged to inspect whether the Products are right and correct, and immediately, closely examine the Products for visible defects and damage. Any complaints concerning the Products, and/or the quantities supplied, must be made at latest within five (5) working days of delivery of the Products. Failing this, the arrangements for the recognition of complaints (of the defect cited) shall be forfeit/elapse. Each complaint regarding visible defects shall only be valid, and shall only be examined, if it is made in an explicit and unambiguous manner giving justifying reasons, by registered letter within five (5) working days of delivery to the Client, or a third party designated by the Client. It is the duty of the Client to provide sufficient justifying reasons in this communication. A Client who submits a complaint containing insufficient or no justifying reasons, shall not be entitled to return the Products. Thereafter the Client forfeits all rights in this matter.
The Client must notify NV PLASTIGI of complaints relating to concealed defects of the Products within a period of one (1) month from delivery and within 48 hours of the defect being detected, in an explicit and unambiguous manner giving justifying reasons, and must notify it of this by registered letter. It is the duty of the Client to provide sufficient reasons in this communication. A Client who submits a complaint containing insufficient or no justifying reasons, shall not be entitled to return the Products. Thereafter the Client forfeits all rights in this matter. NV PLASTIGI is therefore not obliged to provide guarantees concerning concealed defects reported after this period. The Client acknowledges this period for reporting concealed defects to be amply sufficient mindful of the nature of the equipment.
If the aforesaid deadlines have elapsed without a sufficiently justified complaint, the Client shall be deemed to have completely accepted the goods supplied. NV PLASTIGI shall not process any complaints submitted outside the aforementioned periods.
Slight deviations in model, colour, size or finish can never qualify as grounds for cancelling the whole or part of the agreement, nor can they be regarded as reason for complaint.
The Client shall not be discharged of his duty to pay NV PLASTIGI in the event of complaints or the return of goods.
Defective Products must always be returned to NV PLASTIGI in their original condition, including their original packaging, instruction manual, accessories and documentation, and always accompanied by the original invoice or a valid receipt. Each failure to respect this obligation shall result in a corresponding reduction of any reimbursement. Goods are always returned at the risk of the Client, and the costs of return shall be paid by the Client. Any return of goods must take place at latest within 7 calendar days of the communication.
The guarantee does not apply to damage caused by normal wear-and-tear, unintended or deliberate alterations made to the Products by the Client, including injudicious and incorrect use, improper treatment, use in a manner not compliant with the instructions and information provided, neglect, failure to respect the user instructions or manual, poor maintenance and exposure to moisture, fire, earthquake and other external causes, force majeure, or accident.
If the above conditions are met, the Client shall first be entitled to a repair or replacement free of charge, as the situation allows. If the repair costs are disproportionate or impossible, NV PLASTIGI reserves the right to replace the item or to exchange it with a similar item. NV PLASTIGI is only obliged to reimburse the Client if a repair or replacement does not provide the same benefit for the Client. The Client shall be obliged to substantiate this in a clear and reasoned manner. Any sum ensuing from this can never exceed the amount invoiced to the Client.
The return of Products is only accepted after written notification by the Client as shown above, and following NV PLASTIGI’s written approval of the return (always subject to all reserves).
If the Products were wrongly returned, because the above conditions were not met, NV PLASTIGI shall send them back to the Client. The costs and the risk of this return dispatch shall be paid by the Client.
All Products shall remain entirely the property of NV PLASTIGI, until the Client has fulfilled all of his undertakings.
As long as the Client has items in his possession for which NV PLASTIGI may exercise retention of title, the Client shall be obliged to hand the items back to NV PLASTIGI directly on first request without involving the courts.
Moreover, the Client shall be obliged to keep separate the goods originating from NV PLASTIGI and to label them as the property of NV PLASTIGI, until the Products have been paid for in full.
The Client may never pledge Products covered by the retention of title clause or transfer them to third parties as security, including hire purchase, or sell or remove them in any way, or encumber them or transfer them to a location other than the agreed location.
The costs relating to exercise of retention of title shall be paid by the Client. In addition, the Client is obliged to take out an insurance policy against all possible risks, for the goods which fall under retention of title.
The Client is also obliged to notify NV PLASTIGI immediately if third parties lay claim to the goods covered by retention of title.
NV PLASTIGI is also entitled to reclaim, if the Client fails to fulfil the obligations incumbent upon him in a fitting manner, and also if the Client files for Continuity of Enterprises Act proceedings or bankruptcy, or is declared bankrupt.
Where such situation arises in the short term, the Client is also obliged to notify NV PLASTIGI of this in writing, to enable NV PLASTIGI to suspend delivery of further goods and services. The Client agrees to this in advance, and now already grants NV PLASTIGI access to his lands and buildings in order to take back these goods which fall under the retention of title – if this situation presents itself.
In all of these cases, NV PLASTIGI’s claim against the Client shall be immediately due.
Force majeure exists, if due to a circumstance beyond its control NV PLASTIGI is prevented from respecting part or the entirety of its obligations in respect of the Client. In such case, NV PLASTIGI shall not be obliged to respect its obligations in respect of the Client. NV PLASTIGI may suspend its obligations for the period of the force majeure. The Client cannot exercise any right to compensation of costs, damage or interest or price reduction on this basis.
The following apply as force majeure: amongst others, but not limited to, threat of war, mobilisation, riot, state of emergency, labour strike or lock-out, fire, bad weather conditions, accident and sickness of personnel, malfunction, transport blockage, import/export or other government limitations, as well as each impeding circumstance not exclusively under the control of PLASTIGI, such as failure to deliver items or services or delay in the delivery of items and services of the third parties used by NV PLASTIGI.
If the situation of force majeure persists for longer than three (3) months, both NV PLASTIGI and the Client are entitled to cancel part or the entirety of the agreement. NV PLASTIGI is never liable for any damage which the Client may suffer as a result of this.
If, at the commencement of the non-attributable shortcoming, NV PLASTIGI has already fulfilled part of its obligations, or is only able to fulfil part of them, where the case arises, it shall be entitled to invoice separately the goods/services already supplied in accordance with the suppliable part, and the Client shall be obliged to pay this invoice as if it related to a separate contract.
The Client shall accept digital evidence. The Parties acknowledge that a valid Agreement can be brought about by electronic communication means.
In the event of purchases via the webshop/website, the Client expressly accepts that all notifications from NV PLASTIGI may be validly served on him via the email address communicated by him to NV PLASTIGI and/or in the case of general notifications, by notification via the webshop/website.
The Client himself is exclusively responsible for the accuracy of all data passed on by him.
NV PLASTIGI shall retain all intellectual property rights and derived rights relating to the Products and tradename. These intellectual property rights are taken to mean, amongst others, copyrights, trademark rights, plan and model rights and/or other (intellectual property) rights, including (non-)patentable technical and/or commercial know-how, methods and concept. The Client is forbidden to use and/or amend the intellectual property rights described in this article.
The website/webshop and its content are protected by intellectual property rights and these belong to all parties holding a right, namely NV PLASTIGI and third parties. The concept, content, lay-out, structure, source codes, software, depictions, photographs, animations, audio-visual works, texts, data, trademarks and all other elements of the website and the Products and brochures are and shall remain the exclusive property of NV PLASTIGI and are protected by various intellectual property rights, including copyright and trademark right.
Each use of the website or the webshop shall always occur at the own risk and responsibility of the Client. NV PLASTIGI shall bear no liability for any hinder or damage arising from the use of internet, disruptions, interruptions, system breakdown, harmful elements or defects of the website, penetration by outsiders or a virus, nor for any information placed or processed on it by third parties, irrespective of the existence of force majeure or an external cause.
NV PLASTIGI has the right to limit, interrupt or suspend access to the website, in full or in part, at any time, amongst others, for maintenance, updating or any other reason, even without advance warning, without giving cause for any form of compensation.
The website contains content which can be downloaded. Each download always occurs at the own risk and responsibility of the Client. NV PLASTIGI bears no liability concerning this.
NV PLASTIGI takes great care when placing the content of the website and information on line. Nevertheless, it is still possible that the content and information are incomplete, not sufficiently accurate or up-to-date and/or useful. V PLASTIGI cannot therefore provide guarantees concerning the quality of the information or the content of the website. NV PLASTIGI is not responsible for errors or mistakes which may occur in the content or information of the website. NV PLASTIGI is not liable for (direct or indirect) damage suffered by the Client as a result of the information on the website.
NV PLASTIGI can never, be held responsible for any indirect damage or consequential damage suffered, irrespective of the cause, form or subject, such as, for example, that arising, amongst others, from the placing of an order (or the impossibility to do this) via the webshop/website, defects in Products, late delivery, loss of expected profit, decrease of turnover, increased operating costs, loss of clientele, etc. which the Client or third parties may suffer as a result of any error or negligence on the part of NV PLASTIGI or an appointee.
NV PLASTIGI shall never be liable for any consequential damage, loss of profits, lost time or personal injury of (personnel of) the Client or his Clients which results from any defect of the goods supplied. The Client is responsible for ensuring that he keeps up the relevant insurance for himself and his officials and/or personnel.
The Client is obliged to indemnify NV PLASTIGI against each claim of third parties for damage to persons and/or goods that results from any defect of the goods.
NV PLASTIGI shall not be liable for the Client’s obligations in respect of third parties, other than the direct obligation of the seller in respect of buyer arising out of these terms and conditions.
If, on the basis of facts and/or circumstances known to it at that time, NV PLASTIGI exercises a right to suspend or a right to cancel, and it is subsequently irrevocably established that that right was wrongly exercised, NV PLASTIGI shall not be liable, and shall not be obliged to proceed to any form of compensation.
In cases in which NV PLASTIGI is liable, its liability for damage shall be limited to the cover of its corporate liability insurance, if and in as much as corporate liability insurance applies at that time.
NV PLASTIGI is not responsible for inability to supply orders or late delivery of orders due to exhaustion of stocks or due to reasons beyond its control or due to third parties, including the shipper, or due to unforeseen circumstances or due to force majeure, such as, amongst others, disruption or strike of transportation, postal, or communication services.
The information provided by the Customer regarding his personal details is required for processing and completing the orders. If this information is missing the order will be immediately cancelled. Providing incorrect or false personal details is regarded as a breach of these Terms and Conditions of Sale.
The Client’s personal data shall be exclusively processed in compliance with the Privacy Policy, which can be consulted via our website.
NV PLASTIGI guarantees that its data-processing is always adequate, relevant and not excessive. Personal data will never be kept longer than strictly necessary. NV PLASTIGI has taken the necessary (security) measures to ensure the secure processing of personal data.
By using the webshop/website and webshop, the Customer consents to NV PLASTIGI collecting and processing his personal data.
The Client himself is responsible for managing his login details and his password which is strictly linked to his person.
During a visit to the website, NV PLASTIGI retains some data for statistical purposes for optimising use of the website. By using the website and webshop the Client consents to this.
During a visit to the website/webshop ‘cookies’ may be placed on the hard disk of your computer. Cookies are used to improve and optimise the Client’s visit of the website/webshop, to recall technical choices, and in order to show the Client relevant services and offers.
We recommend that the Customer activates his cookies when visiting the webshop/website. If cookies are not activated NV PLASTIGI may not be able to guarantee the Customer a problem-free visit of the webshop/website. However, if the Customer does not wants that, he can turn off the cookies via his browser settings.
By using the website, the Client agrees to NV PLASTIGI’s use of cookies.
Cookies can constitute a processing of personal data, and the Client is therefore entitled to lawful and secure processing of the personal data. See earlier in these General Terms and Conditions of Sale concerning this.
The European Member States often implement cookie legislation very differently, so it is difficult for the party in question to determine how his or her consent must be given. NV PLASTIGI strives to provide correct implementation for each Member State, in as much as this is technically and physically possible.
If a clause or provision of these Terms and Conditions of Sale is declared null and void or unenforceable, this declaration shall not affect the other clauses and provisions of these Terms and Conditions of Sale.
The parties will replace it with a valid provision which as closely as possible approximates the parties’ intentions in the invalid or unenforceable provision.
If any part of these Terms and Conditions of Sale is declared to be excessively broad, notwithstanding this fact, the provision shall be enforceable up to the maximum permitted by law.
Failure at any time by NV PLASTIGI to enforce one of the rights listed in these Terms and Conditions of Sale, or to exercise any of the rights arising from them, shall never be regarded as a relinquishment or waiver of such provision, and shall never affect the validity of those rights.
The descriptive words or sentences at the headings of the sections of these Terms and Conditions of Sale, are only included to facilitate the reading of them and references to provisions. They do not constitute part of the Terms and Conditions of Sale and can never define, limit or describe the scope or content of the article, section or paragraph to which they relate.
In the event of disagreement concerning the explanation or interpretation of the present General Terms and Conditions of Sale, the Belgian text is binding (Dutch-language).
Each dispute, of any kind, and these General Terms and Conditions of Sale, and all offers and agreements, are exclusively governed by Belgian law. Application of the Vienna Sales Convention is expressly excluded.
All disputes linked to or arising from offers of NV PLASTIGI, or agreements concluded with it, or these General Terms and Conditions of Sale shall be submitted to the competent courts of the judicial district of the registered office of NV PLASTIGI, namely Turnhout.
Nederlands