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General terms and conditions

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Proffix Online.eu General terms and conditions

The website www.proffix.eu (hereinafter referred to as “Proffix Online”) is an initiative of:

PRONIVI

Bedrijfsweg 8

3620 Lanaken Belgium

VAT no. 0788.406.201

Proffix Online is the supplier of fasteners, tools, workwear, PPE, machines, power tools, warehouse racking and maintenance products.

If you have any questions or comments, you can always reach us via:

Info@proffix.eu

We ask that you always have your order number and/or other relevant information at hand, so that we can answer promptly and to the point.

Definitions

In these Terms of Sale, this means any natural person (B2C) or legal entity (B2B) who has or enters into a contractual relationship of any kind with Proffix Online. Hereinafter also referred to as ‘you’ and ‘your’.

Consumer’: Any natural person acting as Buyer for purposes outside his or her trade, business or profession.

Products’: All goods and services that are the subject of this sales agreement.

Goods made to the Consumer's specifications’: goods that are not prefabricated and that are made on the basis of an individual choice or decision of the Consumer.

Sales agreement’: Any agreement whereby the trader undertakes to transfer ownership of goods and/or to provide a service to the Buyer. The Buyer in turn undertakes to pay the price for it.

Introduction

These Terms of Sale apply to all current and future sales of Products by Proffix Online to the Buyer. As soon as you use our website, you accept these Terms of Sale as Buyer, as well as all other rights and obligations stated on the website.

In principle, these Terms of Sale always apply exclusively, except in the case of an express deviation. An express deviation is only valid insofar as it is the result of mutual agreement that is expressly recorded in writing. Express deviations are only valid as a replacement for or supplement to the clauses to which they relate. The remaining provisions of these Terms of Sale will in any case continue to apply in full.

Proffix Online reserves the right to amend and/or supplement the Terms of Sale at any time for future orders. A future amendment will of course have no effect on existing product orders and the agreements arising from them.

  1. Offer and Acceptance

The Offer

Every offer is placed online with the greatest care. Proffix Online undertakes to provide sufficient information about the properties of the products. Proffix Online bases its information largely on the information made available by its partners and suppliers. The images on our website give an approximately accurate representation of the substantial characteristics of our products.

Every offer on our website is merely an invitation to the Buyer to make a purchase, and therefore cannot be regarded as a binding offer towards Proffix Online. An offer is also only valid while stocks last. If the product is no longer in stock, we reserve the right to inform you of this within seven (7) calendar days at the latest.

We have the option of applying specific conditions to a particular offer, such as a limited period of validity. You can rest assured that these conditions will always be communicated explicitly and prior to the order.

If an offer is clearly affected by a mistake or error, Proffix Online is not bound by its offer. Obvious or manifest errors in the price quotation, such as evident inaccuracies, may also be corrected by Proffix Online after the agreement has been concluded.

Certain products or services cannot be ordered via our online ordering method. In that case, the buyer must contact Proffix Online and will receive an individual quotation. Such a personalised quotation is valid for 30 calendar days, unless another period is stated in the quotation. These Terms of Sale also apply to the offer in the quotation and all agreements arising from it. You will also receive the General terms and conditions and a summary of the order in a confirmation email.

  1. The Prices

All prices are expressed in EURO and include VAT and other taxes. If the purchase is made in the context of a business or professional activity, the price may be shown excluding VAT and other taxes. Delivery costs are not included in the individual product price but are always shown in the last step of our online ordering procedure. The use of certain selected payment methods may involve additional costs, which are borne solely by the Buyer.

Proffix Online has the right to change prices at any time, but we undertake to apply the rates that were shown on the site at the time of your order. If the price change is the result of changes in VAT rates, it will however be charged to the Buyer.

  1. The Acceptance

If the Buyer wishes to purchase a product from the offer of Proffix Online, he or she must place a purchase via the online ordering method. This purchase is binding on the Buyer. Proffix Online will send a confirmation of the order within 7 calendar days at the latest, by email to the email address provided by the Buyer. This order confirmation marks the moment the agreement is concluded.

Proffix Online may decide at any time not to send a confirmation or to refuse the product order in an express statement. If the order cannot be fulfilled, or only partially, Proffix Online will inform the Buyer and may propose a replacement product. If Proffix Online refuses the product order or the Buyer does not agree to the proposed alternatives, there will be no agreement and all payments already made will be refunded promptly. The Buyer is not entitled to any form of compensation. In accordance with the Act of 11 March 2003 on electronic commerce, the parties expressly acknowledge that electronic forms of communication give rise to a valid agreement. Proffix Online may use all electronic files at its disposal, within the limits of the law, to prove the agreement. An ordinary, digital or qualified electronic signature is not an essential requirement of proof.

  1. Payment

The price shown in the order confirmation is the final price to be paid. If this price does not match the price stated at the last moment of the purchase confirmation, the Buyer must inform Proffix Online of this within 7 calendar days after the order confirmation. Other complaints must also be communicated clearly and in writing within 7 calendar days. Filing a complaint does not suspend payment.

A Buyer who places a product order in the course of a business or professional activity (B2B) can obtain an invoice on request.

In principle, every payment is processed immediately and in full, that is, at the moment the order is placed by the Buyer. We accept all common, valid and internationally accepted credit cards and electronic payment methods as indicated on our website. Proffix Online takes all reasonable measures to ensure the security of your online transactions. The use of the recognised payment partners and credit card issuers mentioned above gives us the necessary guarantees. The necessary security measures via SSL are provided.

The Buyer can choose a payment method that, by its nature, does not involve immediate payment, such as a bank transfer. In that case, the Buyer has a payment period of 14 days after order confirmation. If the Buyer does not act within the set payment periods, the Buyer is automatically and by operation of law in default. Proffix Online will consequently charge interest on the outstanding amount at the statutory interest rate. This interest is due during the period between the expiry of the payment period and full payment of the outstanding amount. In addition, Proffix Online can recover from the Buyer all (extra)judicial costs resulting from the non-payment. These additional costs therefore fall under full payment. If Proffix Online has not received payment after 3 reminders, the invoice will be transferred to a collection agency or law firm that will handle the procedure further.

Proffix Online postpones its delivery obligations until receipt of full payment of all amounts owed by the Buyer. Proffix Online always retains ownership of all ordered products until full payment of all amounts due under this agreement, regardless of whether delivery has already taken place.

  1. Delivery and installation

Every order is always processed with the greatest care, at the latest within 30 days after the order confirmation. Proffix Online has the right to stipulate a longer delivery period. Such deviating delivery periods are always communicated within a reasonable time after the order confirmation. Delivery periods stated on our website are indicative. The Buyer can only terminate the agreement if Proffix Online fails to deliver within the deviating delivery period at the latest. In the event of such termination, Proffix Online will promptly refund all amounts paid, at the latest within 14 days after termination of the agreement.

For delivery, Proffix Online uses external and internal parties (Bpost, GLS). However, Proffix Online accepts no responsibility for late deliveries or for an order that is lost due to third parties, unforeseen circumstances or force majeure. In the event of a shipped order that was not delivered, an investigation is started immediately with the carrier. This takes several days, during which no refund or other shipment can be made.

Delivery takes place as soon as the ordered products have been offered once to the customer. It is the Buyer's responsibility to make delivery possible at the agreed location, in the presence of the Buyer or a third party designated by the Buyer. If an attempted delivery is unsuccessful due to a failure by the Buyer or the third party designated by the Buyer, the costs of this delivery attempt are entirely for the account of the Buyer.

Proffix Online bears the risk of damage and/or loss of the products until the moment of delivery. The risk of the products passes to the Buyer as soon as the Buyer or a third party designated by the Buyer receives the ordered products. In principle, every delivery requires signature of the delivery confirmation, but a lack of signature does not affect the transfer of the risico.De The Buyer is solely responsible for the further installation of the ordered products. The Buyer confirms that he will always review all accompanying information and the installation and safety instructions of the product. At the Buyer's express request, Proffix Online can recommend certain specialised third parties for the installation of the products, without obligation. Proffix Online is never a party to the agreement between the specialised third party and the Buyer and is also not liable for damage caused by these specialised third parties.

  1. Defects and complaints

Although Proffix Online always aims to satisfy its customers, we cannot completely rule out defects and complaints in the products. Our warranty approach still allows us to win your satisfaction. Please note that the warranty conditions must always be met. Additional commercial warranties are always possible.

The statutory warranty obligation, as set out in articles 1641 to 1649 of the Civil Code, applies in full to this agreement. Consequently, every Buyer is entitled to repair if he finds a defect in the delivery of the goods sold, in accordance with the conditions of the statutory warranty obligation. For the Consumer, the statutory warranty period of two (2) years also applies. The Buyer cannot rely on his warranty right if he was aware of the defects at the time of purchase.

As soon as the Buyer or a third party designated by the Buyer receives the products, the recipient is obliged to examine the products carefully. If the product or the delivery is affected by a visible defect that is externally noticeable to the recipient, he can file a complaint about it. The Buyer must communicate these complaints to Proffix Online expressly, unambiguously, with reasons and in writing, within fourteen (14) days after delivery to the Buyer or a third party designated by the Buyer. It is the Buyer's duty to sufficiently substantiate this communication. We always recommend substantiation that makes use of all reasonable technical means available, such as photos and video.

The defective products must be returned to Proffix Online, always in original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will be deducted proportionally from the refund. Return is always at the Buyer's risk. The costs of return resulting from a hidden defect are for the account of the Buyer. Proffix Online recommends returning these products by registered mail and with insurance, to avoid the risks of loss and theft. This return must take place at the latest within 7 calendar days after the communication. The warranty does not apply to:

  • Damage caused by normal wear and tear, unintentional or intentional changes made to the product by the Buyer, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes.
  • Damage caused by installation and use in a manner that does not comply with the instructions and information provided. These instructions and information are also provided via electronic communication channels.
  • Damage caused after the removal of seals on certain parts and after removal or defacing of the serial number and other numbering of product series. The Buyer or an unauthorised third party may never remove these seals without the express written consent of Proffix Online.
  • Consumables such as supplied lamps, batteries, etc.

In the absence of a substantiated complaint, the Buyer is not entitled to return the products. If the above conditions are met, the Buyer is first of all entitled to a free repair or replacement, depending on what the situation allows. Proffix Online is only obliged to provide a refund if repair or replacement no longer offers the Buyer the same benefit. The Buyer will have to communicate this in a clear and well-founded manner. Any compensation resulting from this can never exceed the amount invoiced to the Buyer.

If the products were returned wrongly because the above conditions were not met, Proffix Online will send them to the Buyer again. The costs of this return shipment are borne by the Buyer. In that case, Proffix Online is free to store the products with third parties for the account and risk of the Buyer for as long as these return costs have not been paid.

  1. Right of withdrawal

Every Consumer also has a right of withdrawal, provided the following conditions are met. Under this right of withdrawal, the Consumer can, within 14 calendar days from the day following delivery of the product, still decide that he does not agree with the purchase. The Consumer does not have to give reasons for using his right of withdrawal. Nor is the Consumer obliged to pay any penalty or compensation for using his right of withdrawal.

The Consumer has no right of withdrawal in the following cases:

  • Service agreements after full performance of the service if performance has begun with the express prior consent of the consumer, and provided the consumer has acknowledged that he loses his right of withdrawal once the company has fully performed the agreement; (Article VI.53.1° Code of Economic Law)
  • The delivery or provision of goods or services whose price is tied to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period; (Article VI.53.2° Code of Economic Law)
  • The delivery of goods made to the consumer's specifications, or which are clearly intended for a specific person; (Article VI.53.3° Code of Economic Law)
  • The delivery of goods that spoil quickly or have a limited shelf life; (Article VI.53.4° Code of Economic Law)
  • The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; (Article VI.53.5° Code of Economic Law)
  • The delivery of goods which, by their nature, have been irrevocably mixed with other products after delivery; (Article VI.53.6° Code of Economic Law)
  • Agreements in which the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; however, where during such a visit the company provides additional services that the consumer has not explicitly requested, or supplies goods other than replacement parts necessarily used to carry out the maintenance or repairs, the right of withdrawal applies to those additional services or goods; (Article VI.53.8° Code of Economic Law)
  • The delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery; (Article VI.53.9 Code of Economic Law)

A Consumer who wishes to use the right of withdrawal must always do so expressly, unambiguously and in writing. It is up to the Consumer to demonstrate that he can rely on his right of withdrawal, and he will have to clearly provide the following information to Proffix Online:

  • The following three dates: the date of the order, the date of receipt and the date on which the right of withdrawal is used;
  • Name and address of the Consumer;
  • Signature of the Consumer;

After informing Proffix Online of his decision, the Consumer must promptly return the products to Proffix Online, at the latest within 14 calendar days after the communication. Return is only made by means of a recognised carrier. In any case, the Consumer will bear all costs and risk of the return.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

If the Consumer validly exercises his right of withdrawal, that is, in accordance with the above conditions, Proffix Online will arrange the refund of all amounts already paid. The installation costs and all additional delivery costs, if a delivery method was chosen that differs from the cheapest standard delivery method offered by Proffix Online, are not refunded.

This refund will be made promptly, and in any case no later than 14 calendar days. As long as the Consumer has not provided proof of return, Proffix Online has the right to suspend the refund. Proffix Online will refund the Consumer using the same means of payment as used for the original transaction, unless the Consumer has expressly agreed otherwise. In any case, no costs will be charged for the refund.

If the products have suffered a loss in value resulting from handling of the goods beyond what was necessary to establish the nature, characteristics and functioning of the goods, the Consumer will be liable for this. Proffix Online is entitled to charge this proportionately when making the refund.

If the Consumer does not comply with the above conditions, this constitutes an unlawful use of the right of withdrawal. In that case, the goods will be returned to the Consumer, at the Consumer's own expense and risk. Proffix Online undertakes to communicate its reasons clearly to the Consumer.

  1. Force majeure

If Proffix Online is wholly or partially prevented from fulfilling its obligations towards the other party by a circumstance beyond its control, this will constitute force majeure. In that case, Proffix Online is not obliged to fulfil its obligations towards the other party. Proffix Online is entitled to suspend its obligations for the duration of the force majeure.

  1. Intellectual property

All intellectual property rights and derived rights remain with Proffix Online. These intellectual property rights include copyright, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. Proffix Online attaches great importance to its intellectual property rights and has taken all possible measures to guarantee their protection.

  1. Processing of personal data

The information you provide is necessary for processing and completing orders, and for drawing up invoices and warranty contracts. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a breach of these Terms of Sale. The Buyer's personal data will be processed exclusively in accordance with the applicable Privacy Statement, which can be consulted on the Proffix Online website.

  1. Applicable law and competent court

Belgian law exclusively applies to all offers and agreements. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes relating to or arising from offers by Proffix Online, or agreements concluded with it, will be submitted to the competent court of the judicial district where Proffix Online has its registered office.

  1. Code and complaints procedure

Proffix Online complies with the codes of conduct and complaints procedures of Online Dispute Resolution | European Commission (europa.eu). These codes and procedures are described here.

You can also submit your complaint to the Disputes Committee via the European ODR

Platform Online Dispute Resolution | European Commission (europa.eu)