Application: These general terms and conditions of sale govern all contractual relations between Van Herck bv (anne-lore by Van Herck), with registered office at Gasthuisstraat 46, 2440 Geel and registered with the CBE under number 0426.373.297 (hereinafter referred to as Van Herck bv) and each customer. Only Van Herck bv may deviate from these general terms and conditions on orders, invoices or any other form of communication of Van Herck bv. These deviations are not suspected.
In the event of contradiction between the general terms and conditions and later, more specific documents of Van Herck bv, the content of the later documents shall prevail.
The parties agree that these general terms and conditions are deemed to have been accepted by the client as soon as they have been submitted to the client, or made available with explicit reference (e.g. on the website of Van Herck bv).
Any order implies acceptance of the terms and conditions of sale. Only Belgian law applies to the General Terms and Conditions of Van Herck bv.
Quotations and prices: Our offers are always without obligation. They are valid for 30 days from the date of issue, unless a different period is stated in the offer. After this period Van Herck bv reserves the right to no longer accept the order or to change the terms and conditions. The prices are expressed in Euros and are exclusive of VAT, Recupel, BEBAT and Reprobel for normal sizes. Supplements are charged for larger sizes. The shipping costs are stated separately.
If Van Herck bv agrees a certain price with you, Van Herck bv is nevertheless entitled to increase the price. Offers are valid as long as stocks last. If a price increase takes place after the agreement has been concluded, you can dissolve the agreement regardless of the percentage of the increase.
Purchase and payment: The agreement between Van Herck bv and you as the buyer comes into effect at the moment that you have accepted the conditions set by Van Herck bv and have complied with them. The absence of an ordinary signature does not affect the binding force of the offer and its acceptance. Van Herck bv reserves the right to refuse an order or subject it to additional conditions, such as for large orders, orders placed by minors, incomplete order procedures or problems with previous orders.
Van Herck bv always confirms the purchase by e-mail. If a confirmation e-mail has not yet been sent, the agreement is not yet in force. Payment of products purchased via Van Herck webshop or B2C via e-mail will only be made in advance by bank transfer or via the other means of payment proposed. For B2B orders via e-mail, the payment term is 30 days after the invoice date, unless stated otherwise. Any delay in payment entails the obligation for the buyer, by operation of law and without notice of default, to pay default interest of 1% per month. The seller reserves the right to increase the invoice amount by 10%, with a minimum of €125.00 as compensation for the costs incurred.
In the event of late payment, Van Herck bv is authorised to dissolve the agreement with immediate effect or to suspend (further) delivery until such time as you have fulfilled your payment obligations in full. The goods remain the property of Van Herck bv until receipt of the payment in question.
The General Terms and Conditions and the confirmation emails are always drawn up in the language of the website.
Delivery: All delivery periods stated by Van Herck bv in offers or otherwise are only indicative and are approximate. The delivery period does not imply an obligation to achieve a result. The periods may be unilaterally shortened or extended by Van Herck bv on the basis of internal planning and/or other reasons, without this delay giving rise to dissolution of the contract, refusal of the goods or compensation.As soon as the products to be delivered have been delivered to the specified delivery address, the risk in respect of these products shall pass to the buyer. Deviating conditions may apply to deliveries abroad.
Delivery shall only be made by courier service unless otherwise agreed prior to the contract. Contact details of the courier service can be found on the following website: www.dhlparcel.be
You will be informed of the delivery or shipping costs before confirming your purchase. If the shipping costs cannot be calculated automatically, this will be stated and/or an indication of the shipping costs will be given.
For goods that are produced during or as a result of special circumstances (e.g. epidemics, pandemics, wars, or other exceptional events with far-reaching consequences for the social and economic landscape), such as protective aprons, a specific ordering and delivery procedure is provided that allows Van Herck bv to adjust its internal organisation to the consequences of special circumstances and to meet the delivery deadlines for different customers as well as possible. This procedure is determined as follows: The customer transmits the order to Van Herck bv by e-mail. In response to the order, Van Herck bv will provide an indication of the delivery period and the total cost price on the basis of the internal planning. After confirmation of the order by the customer by e-mail, the purchase is concluded and the customer pays half of the invoice amount into Van Herck bv's account number 'IBAN BE52 4173 0482 6109', 'BIC KREDBEBB'. Production will only start upon receipt of payment of the advance by Van Herck bv. The second half of the invoice amount is paid by the customer upon delivery. The delivery period may deviate due to a change in planning or due to special circumstances, without any possibility of cancellation for the customer.
Product information: Information, images, verbal announcements, statements, ... relating to all offers and the most important characteristics of the products provided by telephone or e-mail are given or made as accurately as possible. Van Herck bv is not liable for advice provided by it, printing and typographical errors on the website, information or technical data provided by suppliers or manufacturers.
Van Herck bv makes every effort to communicate data correctly. Nevertheless, it is possible that an impossibility to deliver may occur. This may be due to inadvertently incorrect stock data or products that are no longer available from suppliers. In these cases Van Herck bv will inform you as soon as possible and propose a solution.
The products offered by Van Herck bv meet the legal standards and may be sold online.
Van Herck bv may include links on its website to other websites that may be interesting or informative for the visitor. Such links are purely informative. Van Herck bv is not responsible for the content of the website to which reference is made or its use.
Warranty conditions: Newly delivered products with possible defects will be replaced by the same or equivalent product. Used goods cannot be taken back, however, unless with the express written consent of Van Herck bv.
Complaints and returns: Complaints must be made in writing within eight days of receipt of the goods. Complaints regarding goods already used, processed or damaged by the purchaser will no longer be accepted. Minor deviations in quality, size, colour and finish, which cannot be avoided from a technical point of view, or which are generally accepted according to commercial practice, cannot constitute grounds for complaints. The seller reserves the right to replace the legitimately refused goods. The goods may not be returned without the seller's written consent and this consent in no way implies recognition. In the event that the complaint is found to be justified, our liability shall be limited to the exchange of the goods. Any liability on the part of the seller is limited to the amount actually paid for the order.
Force majeure: Force majeure is understood to mean all external causes, foreseen or unforeseen, over which Van Herck bv has no influence, but which prevent Van Herck bv from fulfilling its obligations. Examples of force majeure include: strikes, war, lockdown, riots, epidemics or pandemics and the government measures that follow, illness, fire, changes in government measures in general, late delivery by the supplier, strikes at suppliers, bankruptcy of a supplier, fuel shortages,...
Each case of force majeure entitles Van Herck bv to temporarily or permanently fail to fulfil its obligations arising from the agreement. Under no circumstances shall Van Herck bv bear any liability for any non-performance on the grounds of force majeure. The customer cannot terminate the agreement for non-fulfilment of obligations as a result of force majeure. Force majeure shall never be able to justify the client's temporary or definitive non-fulfilment of payment obligations.
Intellectual property rights: The contents of this site, including brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Van Herck bv or entitled third parties.
Van Herck bv always remains the owner of all intellectual property rights of all goods developed for the customer (including but not limited to designs, sketches, drawings, images and their realisation in the goods). The delivery of the goods does not imply a transfer of the intellectual property rights.
All design (designs, sketches, drawings, images, etc.) supplied by Van Herck bv are exclusively intended for goods produced by Van Herck bv and may not be reproduced, made public or communicated to third parties without the prior consent of Van Herck bv. These materials, as well as all other information provided by Van Herck bv, are regarded as trade secrets and may only be used by or with the express consent of Van Herck bv.
Intellectual property rights valid on all materials (e.g. logos) made available by the customer as part of contractual and pre-contractual relationships shall remain with the customer or the third party authorised by the customer to make its resources available to Van Herck bv. The customer grants Van Herck bv the right to use these materials for the development of an offer and the manufacture of the goods. The customer guarantees that when materials are made available, they do not infringe the rights of third parties. Client shall fully indemnify Van Herck bv against all claims and contingent liabilities in connection with damage to third parties, and shall bear the costs incurred by Van Herck bv as a result of these claims and liabilities.
Liability: Van Herck bv can never be held liable for damage resulting from the incorrect use of the product by the customer, which will be presumed at the occurrence of any damage and will have to be refuted by the customer with proof to the contrary.
Van Herck bv complies with the legal standards for the goods it produces, but can never be held liable for medical or health damage that may be caused in part by other factors (such as, but not limited to, working conditions, personal medical or physical history, specific use not communicated to Van Herck bv prior to Van Herck bv, ...).
In the event of defects with regard to the product, the maximum compensation payable by Van Herck bv shall be limited to the invoice value of the product. However, if the raw materials are imposed by the customer, the maximum compensation will be calculated on the invoiced end product excluding the raw materials.
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal professional or legal advice to the user.
Van Herck bv makes every effort to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information on or via the site is unavailable, Van Herck bv will make every effort to rectify this as soon as possible.
However, Van Herck bv cannot be held liable for direct or indirect damage resulting from the use of the information on this site. Should you discover any inaccuracies in the information made available via the site, please contact the site administrator.
The content of the site (including links) may be modified, changed or supplemented at any time without notice or notification. Van Herck bv does not guarantee the proper functioning of the website and cannot be held liable in any way whatsoever for the malfunctioning or temporary (un)availability of the website or for any form of damage, direct or indirect, which would result from access to or use of the website.Van Herck bv cannot under any circumstances be held liable to anyone in any direct or indirect, special or other way for damage due to the use of this site or any other, especially as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programmes or other data on the computer system, hardware, software or other of the user.The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. The placing of links to these websites or pages does not imply in any way an implicit approval of their content.
Van Herck bv expressly declares that it has no control over the content or other characteristics of these websites and cannot under any circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use.
Disputes: The Vendor reserves the right to bring any dispute arising from the present contract before the courts of its jurisdiction. These general terms and conditions are governed by Belgian law.