1. Validity
1.1 These
general terms and conditions of Hermic BV (hereinafter referred to as ‘the
seller') apply to all agreements that the entrepreneur (hereinafter referred
to as ‘the customer’) concludes with the seller with regard to the articles
shown by the seller in his online shop. The applicability of the customer’s
general terms and conditions is expressly rejected, unless agreed otherwise.
1.2 An
entrepreneur within the meaning of these general terms and conditions is any
natural person or any legal entity or partnership that enters into a legal
transaction as part of its independent exercise of a profession or business.
2. Conclusion of agreement
2.1 The item
descriptions shown in the vendor’s online shop do not constitute a binding
offer by the vendor, but serve to invite the customer to make a binding offer.
2.2 The
customer can enter the order on the online order form. In doing so, the
customer enters into a legally binding agreement with regard to the items in
the quotation basket by clicking on the ‘place order’ button after placing the
selected items in the virtual shopping basket.
2.3 The vendor
may accept the customer’s offer by sending the customer a written order
confirmation or an order confirmation via email.
2.4 Before the
customer sends his binding order via the online order form of the seller, the
customer can change his entered data with the usual keyboard and mouse
functions.
2.5 The process
of ordering and contact usually takes place by email and automatic order
processing. The customer must ensure that the delivery address he had provided
is correct, as well as the additional data provided ( such as the field
‘Comments’ and ‘Reference’ of the order ).
2.6 Dimensions
and colours given on this website are always approximate correct. There may
therefore always be a slight difference on the given information/ visual
material. The seller cannot be held liable for this.
3. Prices and terms of payment
3.1 Unless otherwise
stated in the item description of the provider, the indicated price is a price
per unit (excl. VAT). Possible shipping costs must always be determined after
placing the order. These are always
communicated by email to the customer, with the request for approval. After
approval, the order in question can be set in motion for delivery.
3.2 The prices
that are sent in PDF version are the prices that are customary. If, for
whatever reason, a different price is shown on the website, the price shown on
the PDP version will always be the correct price ( and will also be invoiced as
such ).
3.3 If there is
a disagreement about a certain price , this must always be reported by the
customer before the delivery takes place.
4. Delivery and shipping conditions
4.1 Insofar as
nothing else has been agreed, the delivery of the ordered goods shall take
place via dispatch to the delivery address indicated by the customer. The
delivery address indicated during the order shall be decisive for the
completion of the transaction.
4.2 If the
transport company returns the shipped goods to the seller because delivery to
the customer was not possible, the customer will bear the costs of the
unsuccessful shipment. This does not apply if the customer is not to blame for
the unsuccessful delivery or if he was temporarily unable to accept the
delivery, unless the seller had announced the delivery within a reasonable
period of time.
4.3 It is also
possible to collect orders yourself. The customer must clearly indicate this in
the ‘Comments’ box when sending the quotation basket.
5. Liability for defects
The statutory regulations concerning liability for defects shall apply.
6. Applicable law, Competent Judge
If the
customer acts as an entrepreneur as referred to in point 1.2, the law of the
state in which the seller had its head office to the exclusion of the UN
Convention on Contracts for the International
Sale of Goods shall apply to all legal relationships of the parties and
the place of exclusive jurisdiction for all disputes under this agreement shall
be the place of the seller’s head office. All disputes fall under the exclusive
jurisdiction of the District Court of Turnhout.