Article 1 Scope of application
1.1. Goesting in Gezondheid bvba, with its registered office at 9160 Lokeren, Bautschoot 5 box 2 is registered at the Kruispuntbank der Ondernemingen (KBO) under number 0644.742.667. The VAT number is BE0644.742.667. Telephone: +32 (0)497 53 61 21 Email: info@goestingingezondheid.be. Website: www.goestingingezondheid.be.
1.2. All agreements closed by and orders accepted by Goesting in Gezondheid are subject to the following conditions.
1.3. Only these conditions apply to the relationship between Goesting in Gezondheid and the customer, who acknowledges acceptance of these when ordering. If a preference for deviation from these conditions, or a special agreement, is explicitly made in writing, the current conditions will at least remain valid in addition.
Article 2 Quotations, conclusion of the agreement
2.1. Quotations are subject to all reservations and without obligation on behalf of Goesting in Gezondheid. Offers are always valid for the time mentioned in the offer, in principle 30 days after its creation. Orders, contracts or other agreements only apply if confirmed in writing by Goesting in Gezondheid. No rights can be derived for future assignments from past quotations or quotes.
2.2. Orders made through the website www.goestingingezondheid.be are binding for the customer in the same way as orders made through purchase orders, email or another ways.
2.3. Anyone placing an order on behalf of a legal entity shall be jointly liable with the legal entity in whose name he acts.
2.4. Despite the fact that the website of Goesting in Gezondheid was constructed with the utmost care, it is still possible that the information offered is incomplete, incorrect or not up-to-date. Apparent mistakes or errors in the offer are not binding on Goesting in Gezondheid. Goesting in Gezondheid is in no case liable in the case of material errors or printing errors. When the customer has questions about the offer, price, measurements, colours, availability or delivery terms of certain products, or in the case of doubt about the given information, it is recommended that the customer always contacts Goesting in Gezondheid before proceeding with the purchase, via email address info@goestingingezondheid.be.
2.5. Every cancellation of an order by the customer must be made in writing. A cancellation is only valid if it has been explicitly accepted by Goesting in Gezondheid. In the case of acceptance of the cancellation the customer owes, in addition to the compensation of the already performed services, a lump-sum compensation of 25% of the issued price of the order, unless Goesting in Gezondheid proves higher damages.
2.6. Every change to an order by the customer has to be made in writing and, in principle, it gives rise to a new offer, and this at the own discretion and decision of Goesting in Gezondheid. In this case, Goesting in Gezondheid is entitled to adjust the term and/or rate or still to change the order. Already performed services must be paid for.
2.7. It is agreed between the parties that, notwithstanding the Civil Code, the customer is not entitled to terminate the agreement unilaterally with the acceptance of work (services).
Article 3 Execution of the agreement / delivery
3.1. Goesting in Gezondheid handles the execution of the orders entrusted to it with due care and it only has an obligation to perform to the best of its abilities. The delivery and/or execution terms are only provided by way of information and thus, they are not binding on Goesting in Gezondheid, unless explicitly agreed otherwise by both the parties. A delay in the delivery and/or execution can never give rise to the payment of a fine or compensation by Goesting in Gezondheid, to the dissolution of the agreement or to the refusal to accept the product.
3.2. At each stage of the execution of the agreement, the customer shall timely provide Goesting in Gezondheid with all data deemed necessary for the execution of the agreement. If the necessary data is not provided in a timely manner to Goesting in Gezondheid, Goesting in Gezondheid is entitled to suspend the execution of the agreement and/or invoice the customer for the additional expenses arising from the delay.
3.3. Partial deliveries and/or execution are allowed. Goesting in Gezondheid is entitled to invoice these partial deliveries and/or execution as the work progresses.
Article 4 Price
4.1. The agreement is closed at the prices mentioned within the order and the method of payment provided there, except for mutually agreed deviations from the price that has been confirmed by Goesting in Gezondheid. However, the price can be increased if, between the periods of placing the order and the delivery date of the services, the wages or other parts that can affect the price (such as tax rates, social security contributions, etc.) are increased.
4.2. All prices exclude VAT and other expenses (insurance and such), unless explicitly stated otherwise. VAT is paid by the customer.
Article 5 Payment
5.1. The invoices of Goesting in Gezondheid are, unless for any other written clauses, payable in cash, at the time of receipt of the goods and/or services.
5.2. Every invoice, of which the amount has not or not fully been paid on the due date, is legally increased by a lump-sum and non-reducible compensation, equal to 10 % of the owed amount, with a minimum of €100.00, without notice. Moreover, delay interest is legally owed, equal to the legal interest rate pursuant to the Law of 2 August 2002 to combat late payments related to commercial transactions, without requiring prior notice. Every month, once started, is considered a full month. Partial payments will first be used to cover the costs, interests and compensations to be deducted subsequently from the main balances.
5.3. In the case of non-compliance with the agreed payment conditions, all outstanding invoices and/or debts immediately become payable and Goesting in Gezondheid is entitled, without any notice or legal intervention, to suspend further deliveries and/or operations, or to consider the agreement as dissolved without prejudice to its right to be compensated.
5.4. Without prejudice to the provisions in article 7, the customer has to object to the invoices of Goesting in Gezondheid, in case of dispute, by means of a registered letter within eight calendar days after their receipt and this under penalty of forfeiture.
Article 6 Force majeure
6.1. If Goesting in Gezondheid cannot carry out the order due to force majeure, which includes accidents, illness, fire, war, strikes, lock-outs, insurrections, delays by suppliers, lack of transportation equipment, etc., Goesting in Gezondheid is entitled to terminate the agreement without any further compensation to the customer.
6.2. If Goesting in Gezondheid has already partially met its obligations at the commencement of the force majeure, or can only meet its obligations partially, Goesting in Gezondheid is entitled to invoice what has already been carried out separately and the client is obligated to pay this invoice, as if it were a separate agreement.
Article 7 Liability
7.1. All complaints with regard to delivered services have to be reported, if the defects are visible, under penalty of forfeiture, by means of a registered letter, within eight calendar days after final delivery. Invisible defects have to be reported, under penalty of forfeiture, within eight calendar days after their discovery, also by means of a registered letter.
7.2. In the case where defects occur and these are reported in a timely manner, Goesting in Gezondheid has the option to repair the defects in accordance with the order or to pay compensation.
7.3. The compensation for which Goesting in Gezondheid may be liable under this agreement, whatever the cause, nature or object of the claim, shall be maximally 20% of the invoiced value of the order. If the customer considers himself to be entitled to such compensation, he has to prove the defects and damage in a contradictory way. The customer is not authorised to hold or delay the payment of outstanding invoices.
7.4. Goesting in Gezondheid shall not be liable for consequential and/or indirect damage, including loss of use and profits.
Article 8 Right of renunciation
In the context of distance marketing to consumers who are within the scope of application of the Law of 6 April 2010, the consumer is entitled to notify the seller that he declines the purchase, without penalty, and without giving a reason, within fourteen calendar days from the day following the delivery.
If the consumer relies on this possibility, he has to return the goods and packaging at his own risk and costs, in an original, undamaged and unused state to Goesting in Gezondheid, Bautschoot 5 box 2, 9160 Lokeren, Belgium. Goods that were specifically designed for the purchaser or that can spoil quickly, cannot be returned, and in this case the seller cannot invoke the right of renunciation.
Goesting in Gezondheid is entitled to refuse returns when it suspects that the articles have already been used, or that damage has occurred through the negligence of someone other than the seller or supplier of the article.
Article 9 Transfer of rights
The customer shall only become the owner of, or receive the right to use, the delivered services and products from the moment he has met all his obligations towards Goesting in Gezondheid. Goesting in Gezondheid maintains full ownership of the delivered goods until full payment of the prices, compensations and costs charged. This reservation of ownership is an essential part of the agreement, closed between the parties, without which Goesting in Gezondheid would not have contracted.
Goesting in Gezondheid explicitly reserves the right to reclaim unpaid deliveries, wherever they may be, without any remedy or objection by the client. Resale of the unpaid goods by the customer also leads to the legal transfer of the customer’s debt to Goesting in Gezondheid to the third party, so that Goesting in Gezondheid has a direct right to claim with regard to that that third party.
During this period of reservation of ownership, the customer takes on the obligations and responsibility of guardian for the delivered goods and thus commits himself to guard these and to ensure them against all causes of damage, destruction, theft, fire, loss, etc.
Notwithstanding the foreseen retention of property, the risk regarding the goods transfers to the customer from the moment of delivery.
Article 10 Personal data
By ordering via the website of Goesting in Gezondheid, the Purchaser explicitly allows his/her personal data to be processed and used for purposes such as the administration of the customer database, the management of the orders, deliveries and invoices, monitoring of solvency, marketing and advertising. The processing for marketing purposes is only executed if the customer explicitly agrees to this during the purchasing process. Goesting in Gezondheid will not transfer the data to third parties. The Purchaser has the right to see and correct all data. The Purchaser is always entitled to object to the processing of the data for direct marketing purposes. For more information, the Purchaser is invited to contact the public register kept by the Commission for the Protection of Privacy in Brussels.
Article 11 Intellectual property
11.1. The documents made available to the customer before or after the placing of the order are protected by copyright, and this copyright remains the property of Goesting in Gezondheid. They may not be copied or reproduced by the customer without the permission of GOESTING IN GEZONDHEID.
11.2. The full property of intellectual property rights to the concepts or designs provided by Goesting in Gezondheid remains with Goesting in Gezondheid, unless explicitly agreed otherwise in writing.
11.3. Goesting in Gezondheid is always entitled to refer to the delivered services and/or products as reference for promotional purposes, mentioning the identity of the customer, unless it has been explicitly agreed otherwise.
Article 12 Settlement of Disputes
12.1. These terms and conditions in no way affect Goesting in Gezondheid’s exercise of all other legal or contractual rights to which it is entitled.
12.2. The customer is forbidden to transfer his rights and obligations under the agreement closed with Goesting in Gezondheid without the prior written permission of Goesting in Gezondheid. Any unauthorised transfer shall be legally void.
12.3. Any possible default of Goesting in Gezondheid in claiming the execution of the provisions of these general terms and conditions shall not imply any renunciation or waiver of the application of this and any other provision.
12.4. The invalidity of one or more provisions of these general terms and conditions shall not affect the application of the other provisions.
12.5. In the relationship between Goesting in Gezondheid and the customer, only Belgian law applies. Any dispute shall be presented by Goesting in Gezondheid to an intermediary agency of choice or to the courts of the district of East Flanders, department of Dendermonde, without prejudice to Goesting in Gezondheid’s right to undertake legal action before the courts in the jurisdiction of the customer.