Service & conditions

01.

1. These Terms and Conditions of Sale (“Terms”) apply to all sales which are entered into between BELMOCA PLC, with registered seat at Weversstraat 20, 1840 Londerzeel and registered with the Crossroads Bank for Enterprises under number 0842.626.627, to be contacted through: contact@belmio.com, (“Seller”) and any other party (“Purchaser”) acquiring products as identified in the accompanying quotation, order acknowledgement, or invoice such as either capsules intended to be used with certain appliances, standard product lines and custom product lines (collectively the “Products”).
   
   
2. These Terms comprise the entire agreement between Seller and Purchaser (collectively the “Parties”) and supersede any other earlier general terms and conditions of sale of the Seller.
   
   
3. The Purchaser declares to have read these Terms and accepts them by either signing and returning Seller’s quotation, by sending a purchase order to the Seller, by placing an order through the webshop, or by instructing the Seller to ship the Products.
   
   
4. The Purchaser is hereby notified of Seller’s express rejection of any terms and conditions inconsistent with these Terms or to any other terms and conditions proposed by Purchaser in accepting Seller’s quotation. Neither Seller's subsequent lack of objection to any terms and conditions, nor the delivery of the Products, shall constitute an agreement by Seller to any terms.
   
   
5. No terms, conditions or warranties and no agreement or understanding, in any way purporting to modify these Terms whether contained in Purchaser's purchase order or shipping release forms, or elsewhere, shall be binding on Seller unless hereafter made in writing and signed by Seller's authorized representative.
   
   
6. The Purchaser who is a consumer domiciled in the EU and has ordered Products through the phone, fax, e-mail (orders@belmio.com) or the official webshop www.belmio.com has the right to withdraw from the sale of the Products within 14 calendar days from the day after the delivery of the Products (see further article 6), with the exception of capsules (because of limited preservability and being sealed products which cannot be sent back because of hygiene and health & safety reasons after sealing is broken) and those products which do not belong to standard product lines (in case the Product is custom made according to specific demands of the customer).

1. Images of Products displayed on the website of the Seller or quotation are merely illustrative and may contain elements which are not included in the price as displayed on the website or in the quotation.
   
   
2. The given and advertised prices in EUR are net amounts, including VAT and any applicable taxes. Additionally the Seller may charge shipping costs, which are advertised separately.

1. The Purchaser may place an order with the Seller through telephone, fax or the official website (webshop) of the Seller www.belmoca.com.

   The presentation of the Products in the online webshop of the Seller shall not be considered binding offers but an invitation to persons of legal age and capacity to order the Products.

   The Products presented on the online webshop can be added by the Purchaser to his shopping cart by pressing the 'Add to basket' button.

   By clicking the 'Buy' button at the end of the online order form, which the Purchaser can enter by pressing the 'Go to checkout' button, the Purchaser will have the binding obligation to pay the ordered Products. The Purchaser may correct any mistake in his cart by clicking the 'Remove' button or by changing the amount of Products before clicking 'Go to checkout'.

   The Seller shall not proceed with the delivery process and the actual delivery until payment has been received.

   In case an order is sent to the Seller through other means than the online webshop or an offer is requested, such order or demand will be confirmed by Seller in writing by means of an offer or purchase order and will only be accepted after such an offer or purchase order is returned completed and signed by the customer. Any later adjustments to the order or annulment upon request of the Purchaser need the written consent of the Seller to be granted effect. All costs arising from such adjustments or annulments need to be borne by the Purchaser, save when art. 1.6 is applicable. Any offers for Products are only valid during 30 days after their dispatch in written form to the Purchaser. By signing the offer or purchase order and sending it to the Seller, the Purchaser binds himself definitively and irrevocably to the offer.

2. The Purchaser shall take delivery of the Products at the agreed time of delivery, which shall not be later than 30 days after an order was accepted by Seller. Any exceeding of such a date or period can in no case give rise to a claim for damages.

3. The Purchaser shall provide the necessary space in order to enable Seller to deliver the Products. At the time of delivery, the Purchaser must sign the delivery receipt.

4. The Seller reserves the right for making partial deliveries, partial making available or partial execution and corresponding partial invoices.

5. Postponement of the delivery time by the Purchaser must be notified in writing to the Seller no later than 8 working days prior to the delivery time that was previously agreed upon. The Seller and the Purchaser shall confer on a new delivery time, which should take place no later than one month after the initial purchase order. In case the Purchaser has not sent a valid notification to postpone the delivery of the Products, the Seller may charge the Purchaser the potential storage costs of those Products.

1. The customer authorises Belmoca PLC to store the personal data provided by the customer in an automated databank. Belmoca PLC is hereby compliant with the Belgian act of 8 December 1992 on the protection of privacy in relation to the processing of personal data as well as with the requirements of the regulation of the European Parliament and of the Council dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data. This data shall be used for the purpose of fulfilling your orders and conducting informational and promotional campaigns concerning the products and/or services offered by Belmoca PLC within the framework of the contractual relationship between Belmoca PLC and the customer. The customer can demand that his/her data be supplied or corrected at any time. Should the customer no longer wish to receive commercial information from Belmoca PLC, then the customer must inform Belmoca PLC thereof.

1. Belmoca PLC declares that it is bound to maintain the confidentiality of all data concerning its relationship with the customer.
   
   All information, documents or anything else entrusted to Belmoca PLC within the context of this relationship are and remain the property of the customer and shall consequently be treated confidentially.
   
   The following is, inter alia, deemed to be confidential information:
   - All information that the customer provides to Belmoca PLC within the context of the relationship.
   - All information that is collected for campaigns that constitute the object of the relationship.
   
   Belmoca PLC consequently undertakes not to use, reproduce and disseminate, whether directly or indirectly, whether verbally or in writing, the aforementioned information, unless such is disseminated to the customer.
   
   Belmoca PLC declares that it has taken the necessary steps to prevent the dissemination of the aforementioned information, with the exception of such dissemination to its own members of staff that require this information to perform the task allocated to Belmoca PLC within the framework of the object of the relationship with the customer.

1. Products will only be delivered on the basis of full pre payment. The final delivery of the Products will be thus withheld by Seller pending full payment. The payment of the requested amount will constitute acceptance of the offer or purchase offer in every respect. The Seller reserves the right to postpone the order completely or partly or to annul it, while retaining the already payed amount, in case the order is in conflict with public order, good morals or any statutory or regulatory provision, or if the Purchaser fails to fulfill his obligations towards the Seller.
   
   
2. Each invoice shall be sent to the address indicated on the order form. Each invoice shall be deemed accepted in the absence of any written and well-defined objection within 15 days of the invoice being sent. In the case of an order through the Seller's web shop, the Seller accepts payment by prepayment, bank card or credit card. The Seller will send the Buyer an invoice with the order confirmation. For payment by bank transfer, bank card or credit card, the Buyer's bank account will be debited on the due date.
   
   
3. The non-payment on the due date (15 calendar days from the date of issuing) of an invoice makes the owed debt of all other, also non-due invoices, immediately claimable automatically and without notice of default. Any amount remaining un-payed on the due date, will, automatically and without notice of default, lead to an interest of 1% per month, whereby each month commenced shall be counted as a full month, from the due date onwards. Additionally, the Purchaser owes, in case of delayed payment, automatically and without notice of default, a standard and fixed fee amounting to 10% of the total amount with a minimum of EUR 250, without prejudice for the Seller to claim any costs of a potential legal proceedings from the Purchaser.
   
   
4. Purchasers who are existing customers of BELMOCA PLC domiciled in Belgium are able to activate a standing order (pre-authorized payment) for all orders, when that Purchaser has either electronically signed a standing order form online or already has a pre-existing standing order as a Belmoca customer. In the latter case a credit limit can be granted through the online webshop of the Seller.

1. The Purchaser shall ensure that the Products are only used in accordance with their intended purpose in accordance with the instructions of the Seller and shall refrain from using them with third party products that are not approved by Seller.

1. In order to exercise his right of withdrawal according to art. 1.6, the Purchaser who is a consumer domiciled in the EU shall inform the Seller (BELMOCA PLC, Weversstraat 20, BE-1840 Londerzeel, Belgium, contact@belmoca.be) of its decision to withdraw from the purchase agreement by means of an unequivocal declaration (for example, in a letter sent by post or e-mail). It shall be deemed sufficient for compliance with the withdrawal term of 14 days if the notification of exercising the right of withdrawal is sent before the withdrawal term has expired.
   
   
2. In case of withdrawal, the Seller is obligated to refund all of the payments received from the Purchaser, including delivery costs (except additional costs resulting from the Purchaser’s decision to use a different delivery method than the cheapest standard method the Seller offers). For this refund, the Seller will use the same payment method as used for the original transaction, unless expressly agreed otherwise. The Seller has the right to refuse to refund the payment until it has received the Products or until the Purchaser has provided evidence that the Products have been sent back to the Seller.
   
   
3. The Purchaser is obliged to return the Products without any undue delay and in any event within no more that 14 days after the date on which the Purchaser notified the Seller of the withdrawal.

1. Through acceptance of the Products at the time of delivery, all visible defects in relation to the Seller are deemed to be covered. the Purchaser is obliged to check the delivered Products at the time of delivery and notify the Seller in writing of any visible defects no later than 2 days after delivery has been made, failing which the delivery is considered to have been accepted.
   
   
2. The Sellers' warranty shall cover only such defects as appear within two (2) years from the date when the Products were delivered to the Purchaser, save for Products that are subject to an expiry date that is shorter than this period and for which the guarantee is limited by this expiry date. The Purchaser shall notify the Seller in writing of any defects within 2 months after such defects have been discovered. After this period of 2 months, no further complaint is valid. The Purchaser shall, following a valid notification of a defect, allow the Seller to investigate the defect and to provide the most adequate solution. The Seller will thereby have the choice between repairing and replacing the Products (in this case possibly through an equivalent product as a result of technical changes). Only if the repairing or replacing cannot be executed, the Seller shall offer a deduction of the price or will take the affected Products back and the price of these Products will be re-payed, depending on the case.
   
   
3. The claim of any indemnity or guarantee expires in every way if (i) the Products are used in breach of article 5 (ii) the Product are altered, repaired, modified or replaced by another than the Seller or third parties authorized by him.
   
   
4. Defects that occur due to normal wear and tear or inappropriate treatment and/or usage by the Purchaser or its clients, or due to external causes are not covered by the aforementioned warranty.

1. The Seller is, save for premeditation or grave fault by the Seller or service staff or employees not liable for any damage that the Purchaser or any third party may suffer as a result of the non- or improper function of the webshop or the Products, and for damage as a result of a delayed, incorrect or incomplete delivery, making available of Products or incorrect measuring, planning, sketches or specifications delivered by the Purchaser or a third party employed by the Purchaser.
   
   
2. The Seller cannot in any case be held liable for any indirect damage, consequential damage or immaterial damage.
   
   
3. The Purchaser is liable for any damage due to its own fault or negligence when ordering, receiving and/or using the Products or due to modifications made by the Purchaser after delivery of the Products, in which case (i) the warranty described in article 7 expires (ii) the Seller reserves all rights to claim compensation for any damage it has suffered as a consequence thereof.

1. Personal data of the Purchaser may be collected and kept in the client database of the Seller, in accordance with the Belgian Act of 8 December 1992 on the protection of the personal privacy and the processing of personal data. These data will be exclusively used for client relationship management, the performance of contractual obligations as laid out by these Terms and direct marketing purposes.
   
   
2. By placing an order the Purchaser gives his consent to use his personal data according to these Terms.
   
   
3. The provided personal data will be processed exclusively by the Seller and will not be transferred to third parties
   
   
4. The Purchaser has the right object to the processing of its personal data for direct marketing purposes by notifying the Seller on the following email address contact@belmio.com.
   
   
5. The Purchaser has right to access its personal information and to rectify or to add this information, by contacting the Seller on the following email address: contact@belmio.com. The Purchaser can also contact the Belgian Privacy Commission (CPBL) and consult the public register.

1. The following circumstances with the Seller shall give rise to exemption from liability if they prevent the performance of this agreement or render such performance unreasonably onerous: Labour conflicts and any other circumstance beyond the control of the Seller, such as but not limited to fire, war, mobilisation or unforeseen military call-ups of a corresponding scale, requisitioning, seizure, foreign exchange restrictions, insurrection and civil unrest, lack of transportation except where such lack was foreseeable by the Seller, general scarcity of goods, and defects in or delays of deliveries from sub suppliers due to any of the factors set forth in this paragraph. Circumstances of the type mentioned above, which had occurred prior to the conclusion of this agreement, shall exempt the Seller from liability only where their influence on the performance of their obligations under these Terms could not be foreseen by the Seller at the time when the contract was made.
2. Where the Seller intends to invoke any exemption-from-liability grounds set forth in this Article, he shall without undue delay notify the Purchaser in writing of such grounds.

1. All and any disputes arising out of or in connection with these Terms shall be settled according to Belgian law. Any legal action shall be instituted at the Seller’s or the Purchaser’s venue, at the Seller's option, notwithstanding the right of the Purchaser who is an EU consumer to bring proceedings in the courts of the place where that Purchaser is domiciled.

   An extrajudicial dispute resolution for Belgian customers is possible through the Consumentenombudsdienst/Service de Médiation pour le Consommateur.

   This service will at its turn treat the request by itself or will forward the request to a more specialized service, if any. The Purchaser is able to reach this service using following contact details:

   CONSUMER OMBUDSMAN SERVICE

   North Gate II

   Koning Albert II-laan 8 Bus 1 / Boulevard du Roi Albert II 8 Bte 1

   1000 Brussel

   Tel : 02 702 52 00

   Fax : 02 808 71 20

   E-mail : contact@consumentenombudsdienst.be / contact@mediationconsommateur.be

   Website: www.consumentenombudsdienst.be/nl / http://www.mediationconsommateur.be/fr

   On the aforementioned website the Purchaser is able to find all relevant information regarding this service and how an extrajudicial dispute resolution procedure works.

   Non-Belgian EU customers can in case of a dispute choose to contact the Online Dispute Resolution Platform of the European Union through this link: http://ec.europa.eu/odr

1. The potential nullity of any of the clauses of these Terms can in no event lead to nullity of any of the other clauses. In this case, the Parties shall make an effort to replace the potentially invalid clause by an equivalent and valid clause.