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General terms and conditions

GENERAL

Our general sales and delivery terms and conditions, as outlined here, are deemed to have been accepted by the customer, even if these terms and conditions are at odds with the general or special purchase terms and conditions of our customer. The said terms and conditions shall only have binding effect on us in case we expressly agree with the same. Our agreement can never be derived from the mere fact that the terms and conditions to which the customer refers would have been accepted tacitly by us.

The buyer expressly declares to have taken note of these general terms and conditions and to accept the same. They are consequently deemed to form an integral part of the contractual relationship between the parties.

ORDERS

Offers and quotations are only provided by way of indication and can never bring about any obligation, unless expressly determined otherwise. As the occasion arises, they shall have a validity of at most one month, unless determined otherwise. Offers are always exclusive of VAT, transport charges, statutory duties and taxes, etc.

PRICES

Each and every sale is based on prices and general terms and conditions as included in our order confirmation. The prices and technical descriptions in our general catalogue are for information purposes only, without any obligation deriving from the same. We can change our prices at any time on the basis of economic fluctuations. The valid prices are mentioned on the order confirmation on the date of the order. Our prices are always available on request. Errors may occur in the prices, descriptions or images of certain goods in our catalogues or our sales material. We reserve the right to limit orders of these products.

The shipping costs on your invoice differ from those on your confirmation. This is mostly due to instability of the fuel economy. Please take into account that these costs are charged by the carrier and not by JARDINICO Parasols. The shipping costs on the order confirmation therefore provide an approximate indication and the buyer cannot derive any rights from this.

The total amount of the invoice must be paid within the time limit specified on the invoice.

DELIVERY CONDITIONS

Our delivery and completion time limit shall not have binding effect, unless expressly stipulated otherwise. A delay in the delivery / completion can by no means give cause to compensation or interest. Force majeure, lock-out, industrial action, war, epidemic, etc. both on our part and on the part of our suppliers shall release us from each and every responsibility.

COMPLAINTS AND EXCHANGES

The complaints regarding deliveries or completion of works must be communicated to us by registered post within 5 days after receipt of the goods or completion / finishing of the works. The complaints regarding invoices must be communicated to us by registered post within 5 days after the date of receipt of the invoice.

Not a single return of goods shall be accepted without our prior consent and without a filled in ‘after-sales service’ form. This form must be filled in by an official commercial partner of JARDINICO Parasols. This can be done via the website if one is logged in or via your contact person at JARDIICO Parasols. Moreover, they can only be taken back if the return shipment takes place in the same good condition as upon delivery. If a complaint was not received within the aforementioned time limit of 5 days after receipt of the goods or completion / finishing of the works then the buyer is deemed to have received the goods in a good condition and waives each and every claim vis-à-vis the seller.

Goods potentially taken back are credited subject to a reduction of 20% of the invoiced value.

Visible defects are assumed to have been accepted failing objections within the aforementioned time limit. For normal invisible defects our liability shall be limited to the indemnification that is commonly provided by our suppliers / subcontractors. Our liability shall be limited to the replacement of the delivered goods within the warranty period as determined below.

PAYMENTS

Incomplete performance of works can by no means give cause to refusal of payment of the delivered goods or works. Partial invoicing is allowed according to the progress of the goods and/or performance of the works. Each and every payment must take place in cash at our seat upon invoicing, unless stipulated otherwise in advance and in writing. All our invoices are payable in Harelbeke within the due date mentioned on the invoice. Partial payment is allocated in conformity with Section 1254 of the Belgian Civil Code.

UNPAID ORDERS

In case of full or partial non-payment of the debt on the due date the invoice amount is by operation of law and without prior notice of default increased by an interest rate of 12% per annum from the due date. Failing specification of a particular due date it is deemed to coincide with the date of the invoice. In case of full or partial non-payment of the debt on the due date without serious reason compensation is also by operation of law and without prior notice of default payable at 12% of the principal sum with a minimum of EUR 125.00 and a maximum of EUR 2,500.00, even if grace periods are awarded and without prejudice to the possibilities foreseen by Section 1244 of the Belgian Civil Code.

In case of collection of outstanding invoices and disputes about agreements that were not implemented the statutorily established legal aid fee can be claimed by way of compensation for the costs of the lawyer. Moreover, we can, without prejudice to our right to claim compensation, if the customer does not comply with its obligations in a timely fashion or does not comply either in whole or in part, consider, always with notice by registered post and without prior notice of default, the agreement to be fully or partly inexistent by operation of law. As the occasion arises the customer must forthwith and within 48 hours after receipt of the notice make the identifiable (not incorporated) goods available to us. The non-payment on the due date of an invoice implies that the payable balance of all other invoices immediately falls due by operation of law, regardless of the previously permitted payment conditions.

OWNERSHIP RIGHTS

Without prejudice to the risk of the customer with regard to the goods, we reserve the title of the goods delivered by us up to payment in full of the price. Upon the conclusion of the agreement and prior to the delivery of the goods the customer is expressly pointed to the said reservation of title and is, barring written objections, at the latest at the moment of the delivery, deemed to agree with the same. We also reserve the right to, provided with prior written notice of default, exercise a right of retention in respect of the goods of the customer that are in our possession by way of security for all outstanding claims. In case of delivery of goods the risk for loss transfers, unless determined otherwise, as soon as the customer is informed that the goods are available at our seat. If the goods are stored further by us or are transported at the request of the customer then this takes place at the risk and expense of the customer. We, as well as the customer, expressly declare that any and all receivables of any nature whatsoever, present and future, that we have vis-à-vis each other are automatically settled between us with any and all payables of any nature whatsoever, present and future, that we are due vis-à-vis each other and the latter at the moment of the occurrence of the respective receivables and payables, regardless of their exigibility. In case of insolvency or dissolution of the customer of if the customer applies for a voluntary composition or legal restructuring in conformity with the Belgian Act of 31 January 2009 on the continuity of undertakings, we shall be entitled, at the moment of the insolvency declaration, dissolution or application for one of the procedures pursuant to the Belgian Act of 31 January 2009 by the customer, to settle receivables of any nature whatsoever still outstanding in respect of the customer, whether or not due and payable, with the then also still existing payables for our benefit, before one or more payments shall be made to the joint creditors of the insolvent, dissolved customer or customer relying on the Belgian Act of 31 January 2009.

WARRANTY

We provide, barring different agreement of more or less, a maximum warranty of 2 years on our products. The warranty takes effect on the day that the product is purchased from an official commercial partner of JARDINICO Parasols (date of invoicing). The warranty applies to production and/or materials errors, caused by normal use. The product shall not be replaced in its entirety if a defective part and/or component can be replaced.

JARDINICO Parasols shall by no means be held to provide a warranty if the defects are the result of improper or incorrect use by the final user.

EXCEPTIONS TO THE WARRANTY

The warranty applies to production and/or materials errors, caused by normal use. The product shall not be replaced in its entirety if a defective part and/or component can be replaced. This warranty does not cover defects caused by incorrect assembly, defects as a result of changes by the buyer, intentional damages, incorrect use, abuse or negligence, not buying an associated base or ground anchor and normal wear and tear as a result of ageing and labour or assembly costs. The replacement of components shall be carried out by the final user or the retailer. JARDINICO Parasols limits itself, as the occasion arises, to making the components and/or parts to be replaced available to the said final user or retailer.

Our company reserves the right to remove a model from our collection at any time and without prior notice. All our spare parts remain in stock up to 2 years after the product has been discontinued.

If the buyer establishes not to dispose of user instructions or user instructions that are unclear to the buyer then the buyer must report this immediately when making the purchase. If the buyer proceeded with installation of the purchased product, without the said notification, then the warranty expires.

Products purchased during the sale before the end of a collection are never replaced or repaid. Parasol ribs fall outside the present warranty.

DAMAGE DUE TO WIND DOES NOT FALL UNDER OUR LIMITED WARANTY.

Natural disasters (including but not limited to wind, hurricanes, tornadoes and storms) and natural aspects of the ageing process do not fall under this warranty and are therefore not qualified as a defect. Not a single parasol, regardless of the size or the weight, can be left unattended in an open position. In case of windy circumstances it is recommended to close the parasols, to remove them from their base and to store or position them horizontally. This shall reduce the chance of damage to your parasol and other possessions or belongings.

The warranty does not cover discolouration, the bleeding of colours, changes in textures, scratches, breaks in or damages to lacquer due to use and/or defective maintenance / incorrect use. This enumeration is not exhaustive.

In due course natural teak turns grey. The surface may show discolouration. Appropriate treatments are available to ensure that the parasols retain their original appearance. Do not let dirt accumulate at the base. It is recommended to clean with mild soap and water. Never leave the base of the parasol standing in water. In case of use at the beach or an indoor pool salt and chlorine may accumulate on the powder coating and affect the finishing. To make sure that the base continues looking its best, you can best store it if it is not being used for a longer period of time.

The buyer expressly acknowledges to be informed of the above and also acknowledges that they cannot be qualified as a defect within the meaning of Section 1649ter of the Belgian Civil Code.

The buyer moreover expressly acknowledges to have been informed of the fact that during the treatment of fabrics and metals colour differences may occur. The mere establishment of these kinds of colour differences shall never give cause to refusal of a delivery, unless the contrary was stipulated in advance and in writing.

COMPETENT COURT

Only the courts of the district of Kortrijk are competent in respect of any and all disputes and Belgian law is applicable. Only JARDINICO Parasols can deviate from this.