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Terms and Conditions
General terms and conditions of QelviQ
- QelviQ by Kellvin NV Zoerselhoek 3 B-2980 Zoersel KBO-BE 0674.768.325
- Customer: the person with whom Kellvin has entered into an agreement.
- Parties: Kellvin and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of General Terms
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Kellvin.
- The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of any additional and/or different general conditions of the customer or third parties.
- All prices quoted by Kellvin are in euros, inclusive of VAT and exclusive of any other charges such as administration costs, levies and travel, postage or transport costs, unless expressly stated or agreed otherwise.
- Kellvin may at any time change all prices of its products or services quoted on its website or otherwise disclosed.
- Increases in cost prices of products or parts thereof, which Kellvin could not foresee at the time of making the offer or formation of the agreement, may give rise to price increases.
- The consumer has the right to dissolve the contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
- If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered shall correspond to the sample or model.
Consequences of late payment
- If the customer fails to pay within the agreed period, Kellvin shall be entitled to charge the legal interest of 2% per month for non-commercial transactions and the legal interest of 8% per month for commercial transactions from the day the customer is in default, part of a month being counted as a whole month.
- In addition, where the customer is in default, he shall owe Kellvin extrajudicial collection costs and possible damages.
- The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
- If the customer fails to pay on time, Kellvin may suspend its obligations until the customer has fulfilled its payment obligation.
- In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Kellvin on the customer are immediately due and payable.
- Should the customer refuse to cooperate with Kellvin in the execution of the agreement, he shall still be obliged to pay the agreed price to Kellvin.
Right of complaint
- As soon as the customer is in default, Kellvin is entitled to invoke the right of complaint in respect of the unpaid products delivered to the customer.
- Kellvin shall invoke the right of complaint by written or electronic notification.
- As soon as the customer has been informed of the invoked right of complaint, the customer shall immediately return to Kellvin the products to which the right of complaint relates, unless the parties agree otherwise.
- The cost of returning or transporting the products shall be borne by the customer.
Right of withdrawal
- According to Book VI "Market practices and consumer protection" of the Belgian Economic Law Code, a consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, on condition that
- the product has not been used
- it is not a product that has been customized or altered especially for the consumer
- it is not an (order for) urgent repair
- The consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as mentioned in paragraph 1 starts
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product of a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via [email protected], if desired by using the withdrawal form that can be downloaded from the website of QelviQ, qelviq.com.
- The consumer is obliged to return the product to Kellvin within 14 days after giving notice of his right of withdrawal, failing which his right of withdrawal shall lapse.
Reimbursement of return costs
- If the consumer invokes his right of withdrawal and returns the complete order in time, the costs of returning the complete order shall be borne by the consumer.
Right of suspension
- Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- Kellvin may exercise its right of retention to retain products from the customer until the customer has paid all outstanding invoices to Kellvin, unless the customer has provided adequate security for those charges.
- The right of retention also applies in respect of earlier agreements under which the customer still owes Kellvin payments.
- Kellvin shall never be liable for any damage which the customer may suffer as a result of the exercise of its right of retention.
- Unless the customer is a consumer, the customer waives his right to set off any debt owed to Kellvin against any claim against Kellvin.
Retention of title
- Notwithstanding Article 1583 of the Civil Code, Kellvin shall remain the owner of all products delivered until the customer has complied in full of all its payment obligations to Kellvin under any agreement entered into with Kellvin, including claims relating to non-compliance.
- Until such time, Kellvin may invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Kellvin invokes its retention of title, the agreement shall be deemed dissolved and Kellvin shall be entitled to claim damages, loss of profit, and interest.
- Delivery takes place as long as the stock lasts.
- Delivery will take place at Kellvin's premises unless the parties have agreed otherwise.
- Delivery of products ordered online will take place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid in time, Kellvin has the right to suspend its obligations until the agreed part has been paid.
- In case of late payment, the customer is in default of payment, as a result of which the customer cannot hold late delivery against Kellvin.
- The delivery times given by Kellvin are indicative and, if exceeded, do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
- The delivery period shall commence at the moment when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Kellvin.
- Exceeding the stated delivery time does not entitle the customer to compensation, nor to dissolve the agreement, unless Kellvin cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.
- The customer shall ensure that the actual delivery of the products ordered by him can take place in time.
- Transport costs shall be borne by the customer unless the parties have agreed otherwise.
Packaging and dispatch
- If the packaging of a product delivered has been opened or damaged, the customer must, before accepting delivery of the product, have the carrier or delivery person make a note of this, failing which Kellvin cannot be held liable for any damage.
- If the customer is responsible for the shipment of a product, it shall report any visible damage to products or packaging to Kellvin prior to shipment, failing which Kellvin shall not be liable for any damage.
- If the customer takes delivery of products ordered later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
- Any extra costs resulting from premature or late delivery of products shall be borne entirely by the customer.
- The warranty on products applies only to defects caused by faulty workmanship, construction or materials.
- All products purchased or supplied and intended for private use shall be warranted for two years. The guarantee offered by Kellvin corresponds to the legal guarantee and does not affect the statutory rights of the buyer.
- We guarantee that our goods are in conformity with your order and meet the normal expectations that you may have considering the specifications of the product. We also guarantee that our goods comply with all existing laws at the time of your order.
- The guarantee does not apply in the case of normal wear and tear and in the case of damage caused by accidents, modifications made to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment at which they are legally and/or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.
- The exchange of purchased items is only possible if the following conditions are met:
- exchanges take place within 30 days after purchase on presentation of the original invoice
- The product is returned in its original packaging or with the original (price) tags still attached.
- The product has not yet been used
- Discounted products, non-durable products such as foodstuffs, customised products or products specially adapted for the customer cannot be exchanged.
- The customer shall indemnify Kellvin against all claims of third parties in connection with the products and/or services delivered by Kellvin.
- The customer shall inspect a product delivered or service rendered by Kellvin for any defects as soon as possible.
- If a product delivered or service provided does not meet the expectations the customer may reasonably have under the agreement, the customer shall inform Kellvin as soon as possible, but in any case within 1 month after the discovery of the defects.
- Consumers must inform Kellvin within 2 months after the discovery of the shortcomings at the latest.
- The customer shall give as detailed a description as possible of the shortcoming, to enable Kellvin to respond adequately.
- The customer must show that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this may not, in any case, result in Kellvin being obliged to perform work other than that agreed.
Notice of default
- The customer shall give written notice of default to Kellvin.
- It is the responsibility of the customer to ensure that a notice of default actually reaches Kellvin (in time).
Joint and several liabilities of the customer
- If Kellvin enters into an agreement with more than one customer, each of them shall be jointly and severally liable for the full amounts due to Kellvin under such agreement.
Liability of Kellvin
- Kellvin shall only be liable for any damage suffered by the customer if and to the extent such damage was caused by intent or gross negligence.
- If Kellvin is liable for any damage, it shall be liable only for direct damage arising out of or in connection with the performance of a contract.
- Kellvin shall never be liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
- In the event that Kellvin is liable, such liability shall be limited to the amount paid out by a (professional) liability insurance entered into, and in the absence of (full) payment by an insurance company of the amount of the damage, liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation of damage and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to claim damages from Kellvin shall in any event expire 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right of rescission
- The customer is entitled to rescind the agreement in the event that Kellvin has imputably failed to perform its obligations, unless such failure does not justify rescission in view of its special nature or minor importance.
- In the event that the performance of the obligations by Kellvin is not permanently or temporarily impossible, dissolution may only take place after Kellvin has been in default.
- Kellvin is entitled to dissolve the agreement with the customer if the customer fails to comply in full or on time with its obligations under the agreement, or if Kellvin has knowledge of circumstances giving it good reason to fear that the customer will not be able to comply properly with its obligations.
- In addition to the provisions in article 6:75 of the Dutch Civil Code, a failure by Kellvin to comply with any obligation towards the customer cannot be imputed to Kellvin in a situation beyond the control of Kellvin, as a result of which the fulfilment of its obligations towards the customer is, in whole or in part, prevented or as a result of which the fulfilment of its obligations cannot reasonably be required from Kellvin.
- The force majeure situations referred to in paragraph 1 shall include, but not be limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work interruptions.
- If a force majeure event occurs which prevents Kellvin from fulfilling one or more of its obligations to the customer, those obligations shall be suspended until Kellvin is able to fulfil them again.
- From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Kellvin shall not be liable for any compensation or damages in the event of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Amendment of general terms and conditions
- Kellvin is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance may be made at any time.
- Kellvin shall, to the extent possible, discuss major changes in content with the customer beforehand.
- Consumers are entitled to terminate the agreement in case of a substantial change in the general conditions.
Transfer of Rights
- Rights of the customer under an agreement between the parties may not be transferred to third parties without the prior written consent of Kellvin.
- This provision is considered to be a clause with effect of property law as meant in article 3:83, paragraph 2, of the Civil Code.
Consequences of nullity or voidability
- Should one or more provisions of these general conditions prove to be void or voidable, this shall not affect the other provisions of these conditions.
- A provision which is void or voidable shall in that case be replaced by a provision which comes closest to what Kellvin had in mind when drawing up the conditions in that respect.
Applicable law and competent court
- Any agreement between the parties is governed exclusively by Belgian law.
- The Belgian court in the district where Kellvin has its registered office / practice / office is exclusively competent to take cognizance of any disputes between parties, unless the law imperatively dictates otherwise.