The present terms and conditions of sale govern the relationship between SpacePal bvba, whose head office is at Bijkhoevelaan 32c, 2110 Wijnegem, Belgium, BCE number 0644.605.382, operating under the name of “SewerMapper”, https://(www.)sewermapper.com/.eu, hereafter called “the Vendor”, on the one hand, and any person or company ordered through our webshop.
SewerMapper offers to sell the Customer products on- and offline through the above mentioned websites.
The Customer declares (s)he has the capacity to possess rights and be bound by obligations.
The products are described on the site https://(www.)sewermapper.com/.eu in good faith and as accurately as possible. The Customer may obtain extra information on the products presented on the site by sending an email to .ue.reppamrewes%40selas The presentation of the products is not binding for the Vendor and does not constitute an offer in the legal sense of the term.
The photographs, diagrams, drawings or videos illustrating the products are not contractually binding. Under no circumstances shall the Vendor be held liable for any errors that may occur in them.
If the product proves to be unavailable after the order has been finalised, the Customer shall be notified by email as soon as possible.
The prices of the various products are given in euros (€) and include tax. The prices are net, before shipping costs. The Vendor reserves the right to change his prices at any time. The products, if available, shall nonetheless be invoiced in euros at the rates in force when the order was recorded. Placing an order implies accepting the price given for the chosen product.
Shipping costs, where relevant, are given separately when you process your order and must also be paid at the time of completing your order.
The total price given in the order confirmation is the final price, including all taxes and costs.
Any order placed on the website and shipped outside Belgium may be subject to taxes and customs fees when it reaches its destination. The expense of the taxes and customs fees related to the delivery of an item is the responsibility of the Customer alone. The Vendor is not required to find out about and inform the Customer of any customs fees and taxes which may apply. The Vendor advises the Customer to contact the competent authorities in his/her country for further information on this matter.
The company SpacePal bvba is governed by Belgian law and the items offered for sale on- and/or offline are all shipped from Belgium. Invoices are drawn up in euros, subject to Belgian value-added tax (TVA) of 21% and shipping costs subjected to 21%.
Payments can be made by (international) bank transfer or using the payment module offered by Mollie BV if agreed upon by the Vendor. See their terms on https://www.mollie.com/nl/terms-conditions. The Vendor then accepts the following payment methods: VISA, MASTERCARD, PAYPAL and IDEAL or supported online banking apps. The Customer shall receive confirmation by email on receipt of payment for his/her order.
Whatever payment method is used, the order shall not be taken into account until the payment has been validated. As long as the order has not been validated, it shall be recorded but not taken into account. Validation of the order is issued once authorisation to debit the account has been sent by the organisation that verifies and validates payment. The Vendor shall then send a confirmation email and the Customer’s account shall be debited.
The Vendor reserves the right to suspend the processing of an order if payment by bank card is denied or payment is not made. In these circumstances, the Vendor may consider the sale to be cancelled.
The Vendor guarantees full confidentiality of bank information secured by the SSL protocol, which automatically checks the Customer’s right to use the bank card and encrypts all transactions to ensure confidentiality.
PROOF OF THE TRANSACTION
In general, the parties accept electronic evidence within the framework of their relations (email, back-up, etc).
The parties agree that the data recorded by the Vendor are proof of all the Customer’s transactions on the website. The data recorded by the payment system is proof of financial transactions.
Order forms and invoices are stored on a reliable, durable server and shall be produced as evidence.
Orders are processed from Monday to Friday, except on public holidays. Parcels are dispatched from Belgium within a period of 1 to 15 working days following the payment of the order unless prevented in the case of force majeure.
The Vendor shall not be held liable for any late or non-delivery in the case of force majeure or an event beyond its control which may make performance of the contract impossible or more costly, in part or in whole, or due to the acts of third parties such as the suppliers to the parties to this agreement, subcontractors, agents and representatives, or if the Customer fails to fulfil his/her commitments.
In the case of force majeure which release the Vendor from his duty to deliver the goods are war, riot, fire, extreme weather conditions, strikes, accidents and the impossibility of obtaining supplies. The Vendor shall keep the buyer informed in good time of the abovementioned events or incidents.
Timely delivery of products shall only take place if the Customer has fulfilled his/her obligations to the Vendor. The lead times stated in the order or the order summary are given in good faith as an estimate only. The lead times are not in themselves an essential condition of the contract and the Vendor shall not be required to make any compensation whatsoever or to pay interest in the event of late performance of his duties.
The Customer may also change the appointed date, under the conditions set out in the confirmation email, either on the website https://(www.)sewermapper.com, or by contacting the customer services department by sending a message to moc.reppamrewes%40selas, and paying any costs or modification of expenses related to the change of date.
The Vendor reserves the right to entrust some services to third parties, employees or agents working under its responsibility within the limits provided by the law and regulations on accreditation.
The products bought from the Vendor shall be sent to the shipping address supplied by the Customer. The Vendor shall not be held liable for the consequences of any errors made by the Customer at the time of ordering.
The Vendor shall not be held liable for the non-performance of the contract in the case of force majeure, disturbances, or partial or total strikes, in particular relating to any means of transport or carrier services.
A detailed invoice corresponding to the order, drawn up in the name of the Customer, shall be enclosed with the order.
Return of products shall be accepted only for defects in quality. In that case, customers are requested to send an email to the customer services department at moc.reppamrewes%40selas accompanied by photos of the product as well as its packaging. Return of products is only permissible 30 working days after the package has been received.
Offers of sale are subject to the availability of products. If a product proves to be unavailable after the order has been validated, the Vendor undertakes to inform the Customer as soon as possible by email or telephone. The Customer may then request the cancellation of the order. When reimbursement is complete, the amount shall be credited to the Customer’s credit card account within thirty days of cancellation.
All text, comments, illustrations and images placed and reproduced on our website are all rights reserved. Any reproduction in part or in full without the Vendor’s consent is prohibited. Ordering does not entail the transfer or granting of intellectual property rights unless expressly stated.
The products on offer comply with the Belgian and European laws in force. The Vendor cannot be held liable if it has performed its services in accordance with these regulations.
The Vendor cannot be held liable for anything but fraud or gross negligence towards the Customer committed by the Vendor or its employees or agents.
The Vendor shall not be liable for any indirect loss due to this contract, loss of business, loss of profit, loss of opportunity, loss of production, loss of activities, loss of clientele, damage to reputation, damages or costs, and this list is not exhaustive.
Any complaints must be sent without delay by email addressed to moc.reppamrewes%40selas or by post addressed to the Vendor, whose address is given in Article 1 of these general terms and conditions. If it transpires within thirty days following the receipt of the complaint that the Vendor has failed in the performance of its obligations, it shall then make a new delivery of the products concerned by the complaint, at its own expense.
TRANSFER OF OWNERSHIP
SpacePal bvba keeps full ownership of the products sold until the total amount due by the Customer for that order has been received. The transfer of ownership of goods bought from the Vendor by the Customer to a third party falls outside the scope of this contract. Only the Customer who originally bought those goods may claim to agree to the clauses of the present terms and conditions of sale.
PROTECTION OF PRIVACY
The supply of personal information for online sales is compulsory because it is needed for order processing and shipping and for invoicing. This information is strictly confidential. Failure to supply information entails the automatic rejection of the order.
The Vendor will not (within its power) divulge the information supplied by its Customers to any third parties. It shall be used solely for the purposes of internal management, which is, to manage orders, invoicing, service, solvency, marketing or personalised advertising, without this list being exhaustive.
It may however be given to organisations under contract to the Vendor, for their own commercial prospecting.
Visitors who wish to do so are entitled to oppose the use of their data for personalised marketing, by simple request and free of charge.
The Vendor undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with respect to the processing of personal data. A Customer who has placed an order on the Vendor’s site may at any time consult, correct or delete the personal data that the Vendor has recorded about him/her by sending an email to moc.reppamrewes%40selas or a letter to the address given in Article 1 of the present terms and conditions.
ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS
Any order made by the Customer and all deliveries made by the Vendor imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are only to be taken as a guideline.
The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.
The fact that the Customer has not received the present general terms and conditions in his/her native language does not exempt him/her from applying them.
The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.
The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.
The Vendor reserves the right to change its general terms and conditions without personally informing the Customer and without the Customer being entitled to claim any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as she/he does not alter them.
APPLICABLE LAW AND DISPUTES
Belgian law governs the present contract.
Any complaints must first be registered with our customer service department using the email .moc.reppamrewes%40selas The Customer should first contact the Vendor with a view to obtaining an amicable solution.
Any disputes shall be settled under Belgian law by the Belgian courts, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.