1) Scope: All commercial transactions concluded between the private limited liability company "co2-4u.eu", which the Office is located to 8972 Krombeke, Roggestraat 12, VAT BE 0478 892 562, RPR Ieper (hereinafter referred as "Co2-4u.eu") and the customer, closed through the webshop http://www.co2-4u.eu and/or closed at the registered office of Co2-4u.eu, are governed by these general conditions. Co2-4u.eu is a retail store specialised in Co2 products (hereinafter referred as the "products") and keeps both through its webshop as at the registered office to sell to consumers and business customers.
By his order/purchase the customer acknowledges to have taken note of the terms and conditions of Co2-4u.eu and to accept it. These conditions have always precedence over conditions of the customer, even if these stipulate that they only apply.
These terms and conditions are without prejudice to the legal rights on compelling way to the consumer customer be granted pursuant to Belgian law concerning consumer protection.
The possible nullity of one or more clauses of these terms, shall be without prejudice to the applicability of all other clauses. In case of invalidity of any provision, Co2-4u.eu and the customer will, as far as possible and according to their loyalty and belief, replace the invalid provision and negotiate to an equivalent provision which corresponds to the general spirit of these general conditions.
The fact that Co2-4u.eu fails the strict application of any of these provisions of these terms and conditions, cannot be considered as tacit distance of the rights which under these conditions and prevents Co2-4u.eu not to later to demand strict compliance with those provisions.
Co2-4u.eu reserves the right for its terms and conditions at any time, to modify or amend.
It is the responsibility of the customer to consult these terms regularly.
2) Bid proposal: catalogs, newsletters, notes, flyers, advertising announcements are not seen as binding offers of the products depicted or described. Co2-4u.eu's quotations are without engagement and only as an invitation to purchase or placing an order by the customer, unless expressly stated otherwise.
Tenders shall be valid only for a specific command and does not automatically following similar commands. Quotes include only those products that are expressly mentioned. Each quote is valid for a period of 30 calendar days, unless otherwise stated.
3) Purchase: An agreement on the registered office is only valid when the order form both by the customer and by an authorized person from CO2-4u.eu is signed by beginning of execution of the contract by Co2-4u.eu.
The purchase concluded by the Web shop, only comes into existence when the customer receipt an confirmation email from Co2-4u.eu. This confirmation email will be sent by Co2-4u.eu after a correct payment of the order is done by the customer. Any changes or additions after the emergence are valid only after written agreement of both parties. Among other things concerning the terms of payment and turnaround times.
In case of cancellation of an order or purchase, even partial, Co2-4u.eu reserves the right to charge the customer a compensation of 10% of the price of the cancelled order, VAT not included, without prejudice to the right of Co2-4u.eu to reimbursement of the actual damages if they can prove this.
Co2-4u.eu reserves the right for the safety and security of the customer information on the customer and his activities, and if failing this: to refuse the execution of the order. Also orders showing that the consumer customer has the intention to resell the products themselves, Co2-4u.eu can refuse to perform.
In the case Co2-4u.eu is because of objective reasons see unable to implement the purchase/order, such as but not limited to not or no longer in stock of products, Co2-4u.eu will inform the customer within 7 calendar days after the date of conclusion of the agreement. Paid funds will, in that case within 14 calendar days after the date of conclusion of the agreement, be refunded. In no case Co2-4u.eu will be required to pay damages.
4) Right of withdrawal: The consumer-customer has a right to cancel the products purchased through the webshop without giving any reason. This right of withdrawal is to be exercised by the consumer customer to a written manner and within a period of 14 calendar days from the day following the delivery of the ordered product. Within the same term, the goods has to be returned to Co2-4u.eu. After the expiry of the period of 14 calendar days, the purchase is final. In case of correct exercise of the right of withdrawal by the consumer customer, Co2-4u.eu has to refund the amount received within 30 calendar days following the revocation. The cost of returning the delivered product shall be borne by the consumer customer. If the returned goods impairment at the hands of the customer, for example, because we have to wash,labeling or packaging the goods, we reserve the right to keep a part of the purchase price.
In no case a professional customer has the right to cancel an order, both in terms of the purchase at the registered office or through the webshop.
5) Prices: All prices are in euros and include VAT, but excluding any delivery, dispatch or other administrative costs, unless explicitly mentioned otherwise. Any costs for delivery will always be separated.
If an order/purchase takes place through the webshop, products are sold at the prices as stated in the shop at the time of online purchase.
As far as the prices are based on the prevailing level of labour costs, social security contributions and Government charges, transport costs and insurance premiums, prices of raw materials, cost of materials and components, exchange rates and/or other costs, Co2-4u.eu is in case of increase or reduction of one or more of these price factors entitled to increase or decrease its prices accordingly and this in accordance with the legally permissible standards.
6) Deposit: Co2-4u.eu reserves the right on its registered office to ask the customer when ordering (i) 50% of the total amount as advance or (ii) to ask a complete payment before implementing the contract.
7) Delivery: Indication of the expected time of delivery for an agreement at the registered office is always approximate. The exceeding of the period can under no circumstances, except in cases of intent or gross negligence on the part of Co2-4u.eu, give rise to compensation or cancellation of the contract by Co2-4u.eu.
Changes to the order does expire the recorded delivery times automatically. Co2-4u.eu is in no way liable for any delays, incurred as a result of the failure of suppliers, the customer and/or any other third party. Exceeding the delivery term by Co2-4u.eu does not release the client from its obligations. Co2-4u.eu reserves the right to make partial deliveries as far as any order.
In case of a purchase through the registered office of Co2-4u.eu, delivery is always EX WORKS (Incoterms 2010), both when the customer picks up the products at the company's registered office, or when they are delivered to the delivery address specified by the customer.
The transfer of risk for damage, destruction and disappearances relating to the goods keeps going on at the time the customer collects the goods at the seat of Co2-4u.eu, respectively when they are offered for transport by Co2-4u.eu.
In case of a purchase through the webshop, delivered goods are DELIVERED AT PLACE (Incoterms 2010) at the delivery address specified by the customer. In the absence of the customer on delivery, a message will be left behind by the transmission service to the delivery address so the customer can pick up the order at the post office, mentioned on the message.
When the customer refuses the order at the time of delivery or when the order is not within the term, as stated on the message, picked up at the post office, the order will be sent back to the registered office of Co2-4u.eu. The cost of return as well as the associated costs (such as, but not limited to customs fees, taxes, VAT, save costs) are charged to the customer.
When ordering some products (among other things textile products and products that are custom made), there may be an overproduction up to 5%. Co2-4u.eu always will bill the right number of products supplied, and the customer agrees to accept and pay.
8) Payment: For purchases made at the registered office of Co2-4u.eu, the costs are invoiced by Co2-4u.eu to the customer. This invoice is payable within 14 calendar days of the invoice date, unless otherwise stated on the invoice.
Invoices can be protested in writing valid, only by registered letter within 5 calendar days of the invoice date, mentioning invoice date, invoice number and detailed justification. For each invoice not paid in full or in part, on the due date as of right, without prior notice, is a back payment interest charged of 1% per month, each month is considered as fully expired,
and in addition, the amount due, increased by 10% of the invoice amount, with a minimum of €50.00 (excl. VAT), by way of liquidated damages, without prejudice to the right of Co2-4u.eu to require a higher compensation.
If a customer fails to meet one or more receivables to Co2-4u.eu, Co2-4u.eu reserves the right to discontinue any further delivery or performance immediately and without any notice cancel other orders in which case the liquidated damages provided for in article 3 shall be payable.
This brings also the immediate payment of all other invoices, even those that have not yet expired. All other authorised payment terms expire. The same applies in the event of imminent bankruptcy, judicial or amicable dissolution, cessation of payments, as well as any other fact pointing to the insolvency of the customer.
The unconditional part of a payment of an invoice, counts as an acceptance of the invoice.
A part of a payments is only accepted without any prejudice and without adverse acknowledgement, and first on the collection costs, then on the compensation, the expired interest rate and finally the oldest outstanding loan principal.
If it's an order through the webshop than this can only be paied by the customer online through a special payment module provided on the website of Co2-4u.eu.
For the processing of these online transactions, Co2-4u.eu uses external professional and specialized partners who manage a payment platform. The financial data of the customer who are imported under an online payment will only be exchanged between the external partner and the relevant financial institutions. Co2-4u.eu does not have access to the confidential financial information of the customer.
The online payments are done using secured protocols. On all online payments are the terms and conditions of the external administrator of the payment platform, which is the only bears responsibility with regard to the correct implementation of all online payments.
9) Electronic Invoicing: By ordering a product through the webshop, the customer explains expressly to agree with the use of electronic invoicing by Co2-4u.eu, barring written deviation between parties.
10) Retention of ownership: In case of an order made at the registered office of Co2-4u.eu, Co2-4u.eu retains ownership of the products delivered to the customer as long as the customer didn't pay the full price, costs, interest and all other accessories. Nonetheless, the risks of loss or the destruction of the integral products are carried by the customer from the moment of delivery.
The customer undertakes to notify Co2-4u.eu immediately by registered letter of each herd that would be on the products delivered by a third party. If the customer resells products belonging to the Co2-4u.eu, he wears from that time to Co2-4u.eu all claims, resulting from this resale, as Co2-4u.eu optsert.
11) Visible and hidden defects: The customer must directly do a first control with the delivery of the goods. This instant verification covers: (by way of mere enumeration) quantity and dimensions, conformity of delivery, visible defects, correct location(s), etc... The customer must instantly report verifiable defects, under penalty of forfeiture, within 48 hours after delivery and in each case before commissioning by writing to Co2-4u.eu.
For private customers, the legal warranty for hidden defects of 2 years counts from the date of delivery of the goods (delivery order). Upward the seventh month warranty only can be invoked as far as the private customer can prove that the defect already existed at the time of delivery.
During the first six months, the customer can return defective goods unconditionally, unless Co2-4u.eu can prove that the defect did not exist at the time of delivery. All the complaints on base of hidden defects must, under penalty of forfeiture, communcated within two months after its discovery by the customer to Co2-4u.eu by email on following address: firstname.lastname@example.org.
For professional customers hidden defects has to be reported within the 4 months from date of delivery of the products (delivery order), but at least 48 hours after discovery, by writing to Co2-4u.eu.
If no complaints are communicated within these deadlines, the client shall be deemed to have approved and accepted the delivery. Under penalty of inadmissibility of the complaint, the customer must be able to prove that he preserved correctly the products before and after discovering the defects.
After the discovery of any defect, each customer is obligated to immediately discontinue further use of the product and again t do all the necessary to avoid (further) damage and correct storage of the products under penalty of inadmissibility of the complaint. The warranty or indemnification for hidden defects shall in no event apply if the damage was caused by an incorrect use or incorrect maintenance of the product.
In no case the customer may return products to Co2-4u.eu without prior consent of the latter. Co2-4u.eu reserves the right, together with the client, to spot the flaws and its cause. Co2-4u.eu is in no way responsible for loss or damage to any returned goods, until this is accepted by Co2-4u.eu in its warehouses.
Any claim on protection expires during processing, change, recovery by the customer or by third parties or in case of abnormal or extraordinary use, tax and/or wear and tear of the products or damage caused by force majeure.
Not entitled to indemnification by Co2-4u.eu for hidden defects or not compliance can still be at the end of the aforementioned terms.
Submit a complaint doesn't give the customer the right to suspend its payment obligations. The customer is obliged to reimbursement of the expenses incurred as a result of unjustified complaints.
The warranties CO2-4u.eu offers to the customer, remains at customers choice and understanding of Co2-4u.eu limited to (whole or partial): (i) replacement (ii) take back the goods in question, with credit to the customer.
The customer acknowledges that Co2-4u.eu offers no guarantee that the goods comply with the regulations or requirements in any jurisdiction except the regulations or requirements which apply in Belgium.
12) Liability: With the exception of the indemnification by Co2-4u.eu according to above warranty, Co2-4u.eu's liability is limited to the invoice value (exl. BTW) of the products delivered by Co2-4u.eu and, in any case, liability which is mandatory in accordance with the law.
Co2-4u.eu is in no way obliged to reimburse indirect damage (including, but not limited to, loss of income or damage to third parties).
Co2-4u.eu is not liable for defects which are directly or indirectly caused by an act of the customer or by a third party, regardless of whether these are caused by a fault or negligence.
The definition of products by the customer or by a third party, is under the full responsibility and risk of the customer. Co2-4u.eu ,in this case, can not be held liable for direct or indirect damage resulting from the application of this destination.
13) Promotions: Promotional Encores by Co2-4u.eu, in any form (such as, but not limited to price reductions, discount coupons, free shipping, etc...) must always be used according to the guidelines, unless otherwise required in this regard. In any case, these only can related for 1 order , not cumulative and they carry this a personal character.
14) Force majeur/hardship: If Co2-4u.eu is in the impossibility to perform its obligations or its implementation,caused by force majeure, it has the right to suspend the unreasonable increase implementation total/partial and provisional for the duration of this force majeure, or to suspend permanently without any notice or any compensation due to be held.
Considered as force majeure: war, blockade, revolt, strike or lock-out, seizure, shortage of means of transport, general scarcity of raw materials or products, restrictions on energy consumption and this either at Co2-4u.eu or at one of its suppliers.
15) Compensation: In accordance with the provisions of the law on financial security of 15 december 2004, Co2-4u.eu and the client set off automatically and legally all currently existing and future debt towards each other.
This means that in the permanent relationship between Co2-4u.eu and the customer but the biggest claim on balance after the aforementioned automatic set-off remains. This debt comparison will in each case be opposable to the liquidator and the other concurrent creditors, who are not be able to resist the parties implemented by set-off.
16) Intellectual rights: Co2-4u.eu guarantees to have the necessary licenses for offering his product range. CO2-4U.eu, however, retains all copyrights or the rights granted to her on her made-up designs, drawings, models, samples, photos and products, so the customer can not, without the prior written consent of Co2-4u.eu, copy or use the products for other purposes than those for which it was intended.
17) Personal Data: The customer indicates permission to Co2-4u.eu to use the personal data provided by the customer in a computer database. CO2-4u.eu hereby acts of personal data processing in accordance with the Belgian law dated 8 december 1992.
These data will be used with a view to conducting information or promotional campaigns in connection with the performance offered by Co2-4u.eu and/or products in the framework of the contractual relationship between the customer and Co2-4u.eu.
The customer always can communicate and improve its data questions. If the customer does not wish to receive commercial information from Co2-4u.eu, the customer should inform Co2-4u.eu. Costs for changes to original data of the customer, at his request, are getting charged.
18) Complaints: In out-of-court settlement of the dispute the Consumentenombudsdienst of the Federal Government is the power to any request for out-of-court settlement of consumer disputes. This in turn will treat either the request or forward it to a qualified entity.
You can reach the Consumentenombudsdienst using this link: www.consumentenombudsdienst.be
In the event of disputes with a cross-border character, the customer also can appeal to the Online Dispute Resolution platform of the European Union, through this link: http://ec.europa.eu/odr . The customer also can appeal to the complaints procedure of Co2-4u.eu.
19) Choice of law and jurisdiction: The Belgian law is applicable.
Disputes belong to the exclusive jurisdiction of the courts of the district where Co2-4u.eu has its registered office, unless Co2-4u.eu deviates expressly .