General terms & conditions of Dioss Smart Solutions applications for online sale
These General Terms & Conditions apply to all purchases of ‘Dioss’ products bought online at our e-shop.
1. General information
Identification of the seller:
DIOSS Smart Solutions NV
VAT BE 0478.640.659
Tel: 09 382 00 82
In these terms and conditions, DIOSS Smart Solutions is abbreviated as ‘Dioss’.
The current conditions apply to all purchases of ‘Dioss’ products and services whatever form these may have. Variations or additions may arise due to additional special agreements between ‘Dioss’ and the customer;
- The term supplier of the service or seller of the product always refers to ‘Dioss’.
- Customer refers to the natural and/or legal person who places an online order at ‘Dioss’ and who by doing so, thus enters into a contractual relationship with ‘Dioss’.
- Where certain provisions of these General Terms and Conditions refer to “ consumer” such provisions will be applicable on purchases by a “consumer” only; a “consumer” shall mean every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
3. Contract – development
Only on receipt of the payment the ordered products will be reserved by ‘Dioss’ for the customer. ‘Dioss’ shall be under no obligation to deliver or perform any contractual obligation prior to full receipt of payment from the customer.
4. Prices and payment
- Unless otherwise specified, prices are always expressed in EURO and do not include VAT.
- The payment of online orders is done by electronic transfer on our account 001-4659346-27
(IBAN BE48 0014 6593 4627).
5. Shipment and delivery conditions
- After the completion of the order, the customer will receive a confirmation by e-mail with all details to settle the payment. Once ‘Dioss’ has received the payment on its account, the order will be processed.
- Delivery takes place on the address reported by the customer. If the product has suffered any visual damage, the customer should report this in writing within 2 working days at the latest. This can be reported by mail at email@example.com.
- Depending on the size and weight of the product, the order will be sent by Bpost or by an external courier service. As a courtesy, ‘Dioss’ hereinafter provides the currently applicable rates applied by Bpost. These may be modified by Bpost or by the relevant courier service provider from time to time. In such a case, ‘Dioss’ shall have the right to invoice the actual shipping costs.
- By Bpost
- Small bubble envelope: 3.40 € (VAT excl.)
- Large bubble envelope: 4.10 € (VAT excl.)
- By courier service
- Parcels till 25 kg: 12.50 € (VAT excl.)
The Netherlands, Germany, France & Luxembourg:
- By Bpost
- Small bubble envelope: 5.09 € (VAT excl.)
- Large bubble envelope: 8.18 € (VAT excl.)
- By courier service
- Parcels till 25 kg: 25.00 € (VAT excl.)
- The delivery period will take 3 days to 1 week. This delivery period is indicative and ‘Dioss’ shall not be responsible for late delivery which is caused by Bpost or the relevant courier service provider.
6. The right of revocation for consumers (cooling-off period)
- Consumers have the right to dissolve the sales agreement in writing within 14 calendar days after day of the receipt of the goods, without giving a reason for cancellation and without payment of a fine.
- The right of revocation will only be valid when the consumer reports his/her desire to return the goods, either through the online form, or through an unequivocal statement to this effect in writing (e-mail to firstname.lastname@example.org, with a PDF scan of the template form in case the template form is used) within 14 calendar days after the day of the receipt of the goods and the goods, including all accessories, have to be returned within the same period. If the customer wants to use his/her right of revocation, he/she will return the product to ‘Dioss’ in a non-damaged and unused state with all accessories and the consumer must indicate the account number on which it wants to receive reimbursement. If the goods suffer damage during the return or are lost, the consumer can no longer claim a compensation.
- In the aforementioned case, the consumer will be responsible for the return costs and for the risks during transport of the product. Goods send “cash on delivery” or “postage paid by recipient” will be refused.
- When the former conditions are respected by the consumer, ‘Dioss’ will send you a confirmation e-mail upon receipt of the goods. ‘Dioss’ will refund the sum paid by the customer for the delivered goods within 30 calendar days after receiving the returned goods. Refund will be settled on the bank account mentioned in the written cancellation.
- This article 6 is applicable on distance sales to consumers only.
7. Reservation of Proprietary RightsThe seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
8. Legal guarantee for consumersThe legal 2-year guarantee will be applied in case of sales to consumers only.
This guarantee only covers a lack of conformity that did already exist at the time of delivery of the goods. As a consequence, the following cases are excluded:
- All direct or indirect damages caused to the product after delivery, and by the product or its contents;
- Defects due to fire, water damage, lightning, accidents, natural disasters;
- Defects that are caused on purpose because of negligence or improper treatment, bad maintenance or abnormal use or application of the product contrary to the manufacturer’s prescriptions.
9. Applicable law and competent court
Belgian law applies to this contract and to any contract governed by these General Terms and conditions. Disputes relating to the performance, development, execution and cancellation thereof will always be decided upon by the competent courts of Ghent.