In these Terms and Conditions the following terms will have the following meanings:
refers to Wax-IT BV
any natural or legal person who is or will be in a contractual relationship of any kind with Wax-IT.
any natural or legal person who, exclusively for non-professional purposes, acquires or uses products or services placed on the market.
is the subject of one or more agreements.
These Terms and Conditions apply to all offers made by Wax-IT, as well as to all agreements entered into with Wax-IT.
In addition to these General Terms and Conditions, if expressly stated, additional terms and conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, then in principle the provisions of the Additional Terms and Conditions shall prevail over the General Terms and Conditions, unless otherwise provided.
Of one or more provisions in these Terms and Conditions can only be deviated from if expressly agreed in writing. The other provisions of these Terms remain in that case in full force.
Terms and conditions used by the Buyer are not applicable, unless expressly agreed in writing by Wax-IT.
Wax-IT reserves the right to change and/or supplement the Terms and Conditions at any time for future orders.
By using the web shop of Wax-IT and/or placing an order, the Buyer accepts these Terms and Conditions as well as all other rights and obligations as stated on the Web site.
Wax-IT is authorized to use third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while stocks last.
A nominative offer has a validity of two (2) weeks, unless another period is stated in the offer.
An agreement is concluded when an order confirmation has been handed over to the Buyer or, in the case of an offer made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer.
The Buyer and Wax-IT expressly agree that by using electronic forms of communication a valid agreement can be concluded. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Wax-IT are hereby, to the extent permitted by law, regarded as a presumption of proof.
Information, images, verbal communications, statements, etc. regarding all offers and the most important characteristics of the products provided by telephone or e-mail will be (displayed) or made as accurately as possible.
All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price Wax-IT has communicated to it in its confirmation in accordance with article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Wax-IT after the conclusion of the agreement.
Delivery costs will be clearly communicated to the buyer. With regard to certain payment methods further conditions apply with regard to the delivery method and possible costs. This will be clearly communicated to the Buyer.
Orders through the Webshop can be paid in the following ways:
- Bank transfer
- Credit card (VISA, MasterCard, American Express)
- BanContact / Mister Cash
When ordering through the Shop (showroom) you can pay in the following ways:
Wax-IT can expand payment options in the future. Other payment methods will be announced through the Website.
In order to ensure safe online payment and the security of your personal data, the transaction data is transmitted over the Internet encrypted with SSL technology. You do not need any special software to pay with SSL. You will recognise a secure SSL connection by the "lock" in the lower status bar of your browser.
In case Wax-IT has agreed on a payment term, the Buyer is in default by the mere expiry of this term. Payment terms can only be agreed upon in writing under conditions to be set and agreed upon at that time.
If a method of payment by credit card is chosen, the conditions of the relevant card issuer apply. Wax-IT is not a party in the relationship between the Buyer and the card issuer.
In case of non-payment or late payment by the Buyer, the Buyer will owe interest on the outstanding amount in the amount of the statutory interest rate, calculated from the day on which payment should have taken place at the latest until the day of payment in full.
At the expense of the Buyer, all (extra-)judicial costs of any nature whatsoever, which Wax-IT has had to incur as a result of the non-fulfilment by the Buyer of his (payment) obligations, will also be borne by the Buyer.
In case of late payment, Wax-IT is entitled to dissolve the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully fulfilled his payment obligations, including payment of interest and costs due.
5. Delivery and delivery time
Orders will be delivered as soon as possible. In principle, Wax-IT strives to ship orders placed before noon on a working day the same day. Unless otherwise stipulated, the deadline for delivery is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, where the deadline is 30 days after receipt of payment. Except in the case of a Consumer Buyer, the stated delivery time is only an indication and therefore no rights can be derived from it.
If a product, which is temporarily out of stock, is ordered by the Buyer, it will be indicated when the product will be available again. Wax-IT strives to report delays to the Buyer by telephone or e-mail within one working day.
Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Buyer.
For deliveries abroad, different conditions may apply.
If the delivery takes place in parts (for example when only some but not all ordered products are in stock), Wax-IT has the right to consider each delivery as a separate transaction.
The Buyer is obliged to take delivery of the purchased goods within the agreed term. Failing this, Wax-IT is entitled to claim payment of the purchase price of the part not taken, or to consider the agreement dissolved without judicial intervention (subject to repayment to the Buyer of any advance payments already made for the product in question).
6. Defects and Complaint Period
The Buyer is obliged to inspect the products (or have them inspected) carefully immediately upon receipt. Complaints of the Buyer, which relate to defects in the product or the delivery, which are observable at the latest, must be notified in writing to Wax-IT by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not (or could not be) delivered to the Buyer).
The Buyer, not being a Consumer Buyer, is not entitled to return the products for which there are no substantiated complaints. If this happens without valid reasons, all costs associated with returning the products will be at the expense of the Buyer. Wax-IT is in that case free to store the products under third parties at the expense and risk of the Buyer and, at the request and expense of the Buyer, to return them to the Buyer.
7. Right of renunciation and exchange
When you purchase a product on www.wax-it.be you can, as a consumer, renounce your purchase for 14 days from the day of delivery.
You have this period of time to inform us of your decision to return the product.
Within 14 days after we have received your order back or you have indicated that you wish to renounce the agreement, we will refund you the full purchase price.
In case the goods are manufactured according to the customer's specifications, they have a personal character and cannot be taken back. As a result, cancellation of an order is not possible.
Wax-IT is never liable for any damage - including theft or loss - that occurs when returning the packaging or the product.
If the product is not received in accordance with the conditions of the renunciation right, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. At the request of the Buyer, the product can also be delivered.
8. Retention of title
Ownership of a product, notwithstanding the actual delivery, shall not pass to the Purchaser until the Purchaser has paid the payment due for this product in full, including compensation for interest and costs.
The Purchaser may not encumber, sell, resell, dispose of or otherwise encumber the products prior to the transfer of ownership thereof.
9. Warranty and liability
In principle, products delivered by Wax-IT are covered by the warranty as determined by the manufacturer of the article in question. If the delivered item does not comply with the agreement, Buyer must notify Wax-IT within a period of two months after discovery thereof. Consumer Buyers are entitled to the rights as stated in articles 1649bis to 1649octies of the Civil Code.
If for any reason Wax-IT is obliged to compensate any damage to a Buyer who is not a Consumer Buyer, this compensation will never exceed an amount equal to the invoice value of the product or service that caused the damage.
Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
if the wear and tear can be regarded as normal
if changes have been made to or on the product, including repairs not authorized by Wax-IT or the manufacturer;
if the original invoice cannot be submitted, has been altered or made illegible;
if defects are the result of improper or injudicious use;
if damage has been caused by intent, gross negligence or negligent maintenance.
The Buyer who is not a Consumer Buyer, is obliged to indemnify Wax-IT against any claim that third parties might have against Wax-IT in connection with the execution of the agreement (e.g. consequential damage), insofar as the law does not prevent that the relevant damage and costs should be borne by the Buyer.
It is possible that Wax-IT includes on its Website links to other websites that may be interesting or informative for the visitor. Such links are purely informative. Wax-IT is not responsible for the content of the Web site to which reference is made or its use.
When research costs are incurred to find a defect of the product or part of the product, which is excluded from warranty, and these costs turn out to be excluded from warranty by virtue of article 9.3, these costs will always be for the account of the Buyer. Wax-IT strives to report this in advance. Failure to make such notification does not release the Buyer from the obligation to pay these costs.
When costs are attached to repairing a defect and this repair appears to be excluded from warranty on the basis of article 9.3, the Buyer will be informed of this. If the Buyer does not explicitly agree in writing with the cost statement, it may return its property against payment of the research costs. If the Buyer has not paid these research costs six (6) months after offering the cost estimate, the ownership of the product will expire to Wax-IT.
On used, second hand or demonstration models a reduced warranty may apply.
10. Act of God
In case of force majeure Wax-IT is not obliged to fulfil their obligations towards the other party. Wax-IT is entitled to suspend its obligations for the duration of the force majeure.
Force majeure shall be understood to mean any circumstance beyond its control as a result of which the fulfilment of its obligations towards the other party is wholly or partly prevented. Such circumstances include strikes, fire, business interruptions, power failures, failures in a (telecommunication) network or connection or used communication systems and/or the unavailability of the Website at any time, non or late delivery of suppliers or other third parties and the absence of any governmental license.
11. Intellectual property
The Buyer expressly acknowledges that all intellectual property rights in the information, communications or other expressions concerning the products and/or the Web Site belong to Wax-IT, its suppliers or other claimants.
Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of Wax-IT, its suppliers or other entitled parties, unless it is purely for private use of the product itself.
12. Personal data
Wax-IT will only process the data of the Buyer in accordance with its Privacy Statement .
In doing so, Wax-IT will observe the applicable laws and regulations.
13. Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law, to the exclusion of the principles of conflict of laws in space.
The applicability of the Vienna Sales Convention is expressly excluded.
All disputes relating to or arising from offers made by Wax-IT, or agreements entered into with it, shall be submitted to the competent court in Oudenaarde, unless a mandatory provision of the law expressly designates another court as competent.
14. Dispute resolution and settlement
Contrary to Article 13, Consumer Buyers may choose to make use of the right to submit any dispute concerning offers made by Wax-IT or the conclusion or execution of an agreement with Wax-IT to the mediation service of the BDMV, provided it concerns an offer or agreement made or concluded via the Website or telephone connection. Such a complaint can be communicated to the FAFS by post (FAFS, attn. Comité van Toezicht, Buro & Design Center, Heizel Esplanade B46, 1020 Brussels), by e-mail (firstname.lastname@example.org) or via the form available on the website www.becommerce.be.
If the Consumer Buyer wishes to submit a dispute to the mediation service of the BDMV, Wax-IT is bound by this choice. If Wax-IT so desires, the Consumer Buyer will, within five (5) weeks after a written request by Wax-IT, have to decide in writing whether he or she wishes to do so, or whether he or she wants the dispute to be dealt with by the competent court. If Wax-IT does not hear the consumer's choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.
The mediation service will rule under the conditions as set out in the regulations of the mediation service. Her decisions are made by means of a binding advice.
15. Miscellaneous provisions
The registered office and showroom of Wax-IT N.V. is located at 9700 Oudenaarde, Westerring 27i, with KBO number 0821256735. Please send all correspondence regarding a contract or these conditions to Wax-IT at the aforementioned address or to the e-mail address email@example.com.
The Wax-IT customer service (055 303119) can be reached for information from Tuesday to Saturday from 9 a.m. to 6 p.m.
Wax-IT strives to respond to e-mails it receives within 24 hours. If complaints are reported to Wax-IT, the Consumer Buyer will in any case be informed within five (5) working days of the period within which he will receive a proposal for resolution of the dispute from Wax-IT.
If any provision of these General Terms and Conditions should be unlawful, void or for any other reason unenforceable, this condition shall be deemed to be severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between the Buyer and Wax-IT with respect to the subject matter contained herein.