GENERAL TERMS AND CONDITIONS OF SALE VALIENTE® AND VALIENTEA® - B2B
1. Application general terms and conditions of sale Webshop B2B
Through its website and webshop (the “Webshop“), PLASTIGI NV, better known by its commercial names Valiente® and Valientea®, offers an online platform for the sale of its Products (as defined below).
These general terms and conditions of sale (the “Terms and Conditions“) apply to all purchase agreements (the “Contract“) relating to the purchase of the Products (as defined below) between you (the “Customer“) and PLASTIGI NV, with registered office at 2200 HERENTALS, Lenskensdijk 3 and with company number 0406.043.681 (“PLASTIGI“), better known by its commercial name Valiente®.
For the purposes of these Terms and Conditions, “Customer” shall mean companies within the meaning of Article I.1.,1° of the Belgian Code of Economic Law (“Wetboek van economisch recht”). These Terms and Conditions thus apply in the event of purchases for any professional use or professional purposes (B2B). The Customer agrees not to purchase the Products for the sole purpose of reselling them, except with the written consent of PLASTIGI.
These Terms and Conditions shall apply exclusively to the Contract, except where PLASTIGI has expressly waived them in writing, in which case the other provisions of the Terms and Conditions shall continue to apply in full. Where applicable, the Customer waives the applicability of its own terms and conditions.
PLASTIGI reserves the right to modify and/or supplement these Terms and Conditions at any time. The amended Terms and Conditions will be communicated to the Customer by e-mail. Orders already placed and Contracts resulting therefrom shall always remain subject to the Terms and Conditions applicable at the time of the order.
2. Offers and Products
The products offered by PLASTIGI (the “Products“) are those sold through the Webshop at the time the Customer places his/her order.
The information provided by PLASTIGI on the characteristics of the Products, including technical descriptions and photographs, is for illustrative purposes only. Although all Products are described as faithfully as possible, it is nevertheless possible that discrepancies may occur, that errors may occur or that the information provided may be incomplete, contain material errors or not be up-to-date. Certain non-substantial features of a Product may differ from the photos and descriptions on the website upon delivery. Inaccuracies or substantial errors in the offer do not bind PLASTIGI and PLASTIGI cannot be held liable for them. PLASTIGI shall in no case be liable in case of obvious material errors, typesetting or printing errors.
Obvious errors in the quotation, such as obvious inaccuracies, can be corrected by PLASTIGI even after the conclusion of the Contract.
The offer is valid while supplies last and may be changed or withdrawn at any time. PLASTIGI cannot be held liable for the unavailability of any Product.
PLASTIGI reserves the right to apply specific conditions to a particular offer, such as, for example, a limited period of validity. If an offer has a limited period of validity or is made under other conditions, this will be expressly stated in the offer.
3. Ordering through the Webshop
If the Customer wishes to purchase a Product from PLASTIGI’s Webshop, he must make a purchase via the online order method and follow the steps as indicated on the Webshop.
It is the responsibility of the Customer to enter the correct data when placing the order. The Customer shall inform PLASTIGI of any change in these details. If the Customer provides incorrect data, this may result in additional costs. The Customer cannot recover these additional costs from PLASTIGI.
Placing an order through the Webshop is binding on the Customer. Upon confirmation of the order by the Customer, a cash payment is requested according to the indicated payment method.
PLASTIGI reserves the right and may at any time decide to refuse or cancel the order (for any reason, including, but not limited to, exhaustion of stock, the unavailability of an item, determination of an erroneous offer, Force Majeure, serious default by the Customer on previous orders, etc.).
In the event that, after the Contract has been concluded, it appears that one or more Products of an order are unavailable, the Customer will be notified by PLASTIGI by e-mail or in writing that the order will be cancelled in whole or in part, or split up. If necessary, PLASTIGI may propose a substitute Product to the Customer. If PLASTIGI cancels the order and the Customer does not agree to the proposed alternatives, the Contract shall terminate by operation of law. PLASTIGI shall not be held responsible for this, nor for any damages that may result therefrom. If applicable, the Customer shall not be entitled to any form of compensation.
In case the Customer has already paid for the Products, PLASTIGI will refund the paid amount. The Customer will be notified of this via email. PLASTIGI will carry out the refund as soon as possible and at the latest within 14 days after the cancellation of the order.
4. Price and payment
Unless expressly stated otherwise at the time of entering into the Contract, the price for the Products purchased by the Customer from PLASTIGI is immediately due and payable.
Prices are expressed in euros and exclude VAT and other taxes. The costs of delivery, transport and shipping and other possible additional costs (such as, for example, administrative costs) are not included. These costs are charged separately and are in addition to the price. These additional costs are, in case of ordering through the Webshop, explicitly indicated in the last step of the online ordering process.
PLASTIGI is entitled to adjust its prices stated in the Webshop from time to time. Obvious or material errors in the quotation do not bind PLASTIGI and may be corrected by PLASTIGI even after entering into the Contract.
For orders via the Webshop, all payments are processed immediately and in full. The Products, in the event of placing an order via the Webshop, can only be paid for online and must always be paid for at the time of ordering.
The following online payment methods are currently supported by PLASTIGI:
- Bancontact
- iDeal
- PayPal
- KBC Payment Button
- Belfiusnet
- Credit Card
PLASTIGI is not to be held accountable for any damages incurred by the Customer, resulting from the processing of online payments.
PLASTIGI reserves the right to postpone any delivery until it has fully received all outstanding payments from the Customer.
Any invoice that has not been disputed in writing by registered mail within 7 working days of its issuance shall be considered as definitively accepted by the Customer.
In the event of non-payment on the due date, interest in accordance with the Belgian law on combating late payment in commercial transactions (“Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties”) shall be payable on the amount still due, ipso jure and without notice of default, as well as liquidated damages in the amount of 10% of the amount still due, with a minimum compensation of €250.00. Furthermore, the late, incomplete or non-payment of one past due invoice shall also make all non-due invoices due.
In any case, in the event of non-payment, the delivery of all the Customer’s other orders shall be suspended until full payment has been made.
All further recovery costs, in particular extrajudicial and judicial costs for the collection of PLASTIGI’s claim, shall be borne by the Customer.
Payments made by the Customer always extend first to payment of all costs and interest due and then to payment of due and payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
5. Delivery
Every order is processed promptly and carefully. Any delivery times indicated are average processing and delivery times and are indicative only. The stated delivery times are approximate, are subject to change and are not binding. They are never to be regarded as expiry dates. The chosen delivery option may affect the delivery period. PLASTIGI nevertheless reserves the right to choose the most appropriate delivery method for each order. Exceeding the delivery deadlines for any reason whatsoever shall not entitle the Customer to compensation or to non-performance of any obligation incumbent upon him.
After expiration of the specified delivery term, the Customer is entitled to give PLASTIGI notice of default by registered letter, whereby the Customer grants PLASTIGI a term of at least the initially specified delivery term, to still fulfill the delivery obligations. If PLASTIGI is still in default of its delivery obligations after the expiry of this second deadline, the Customer is entitled to rescind the Contract. In such case, PLASTIGI shall not be liable for any compensation.
PLASTIGI is entitled to deliver an order in its entirety or successively in partial deliveries. In the latter case, PLASTIGI is entitled to invoice the Customer separately for each partial delivery and to claim payment for it. If and so long as a partial shipment is not paid for by the Customer and/or the Customer fails to fulfill other obligations arising from the Contract, PLASTIGI will not be obliged to proceed with the delivery of the next partial deliveries and will be entitled to terminate the Contract, insofar as it has not yet been performed, without judicial intervention and without any notice of default from the Customer, while retaining the right to compensation.
The delivery of the Products is made by an external transport company. Once the order leaves PLASTIGI, the Customer will receive an email with the shipping confirmation.
However, PLASTIGI is not responsible for deliveries that are late or for orders that are lost due to third parties, including the carrier, or due to unforeseen circumstances or Force Majeure.
It is the Customer’s responsibility to facilitate delivery at the agreed place in the presence of the Customer or a third party designated by the Customer. There is delivery as soon as the Product has been offered once to the Customer. If an offered delivery is unsuccessful due to a shortcoming by the Customer or the third party designated by the Customer, the costs of new delivery attempts shall be borne by the Customer.
PLASTIGI bears the risk of loss or damage to the Products until the Product leaves PLASTIGI’s operating site. From that moment, the risk passes to the Customer.
6. Complaints and warranty
The Customer cannot invoke a warranty right if he was aware of the defects at the time of purchase.
Upon delivery of the Products, the Customer is obliged to examine whether the Products are correct and to immediately examine the Products closely for visible defects and damages. Any complaints about the Products and/or quantities delivered must be, made under penalty of cancellation, no later than 5 working days after delivery of the Products. Any complaint regarding visible defects is only valid and will only be examined if it is explicitly, unequivocally and motivated by registered letter sent to the address: PLASTIGI NV, Lenskensdijk 3, 2200 HERENTALS or by e-mail to info@valiente.be within 5 working days after delivery to the Customer or a third party designated by the Customer. It is the duty of the Customer to provide sufficient justification for this communication.
The Customer benefits from the legal warranty for hidden defects stipulated in Articles 1641 to 1649 of the Old Belgian Civil Code if the hidden defect existed at the time of delivery and insofar as the hidden defect renders the Products unsuitable for their intended use or significantly reduces their use. Any hidden defect must be notified to PLASTIGI by registered letter to the address: PLASTIGI NV, Lenskensdijk 3, 2200 HERENTALS or by e-mail to info@valiente.be within a period of 2 months from the moment when the Customer discovered it or should normally have discovered it.
Once the aforementioned deadlines have expired and in the absence of a sufficiently justified complaint, the Customer shall be deemed to have fully accepted the delivery. Complaints outside of the aforementioned deadlines will no longer be considered by PLASTIGI.
Minor deviations in models, colors, sizes or finish can never qualify as grounds for full or partial termination of the Contract, nor can they be considered as grounds for a complaint.
Complaints or returns do not release the Customer from his payment obligation to PLASTIGI.
The defective Products must be shipped back to PLASTIGI in their original condition. Where applicable, the refund will be reduced proportionally in case of any failure to meet this obligation. The return always takes place at the risk of the Customer and its costs are borne by the Customer. The return must be made within 14 calendar days of the complaint at the latest.
The warranty does not apply to damage caused by normal wear and tear, inadvertent or intentional changes inflicted by the Customer on the Products, including injudicious and misuse, mishandling, use in a manner inconsistent with the instructions and information provided, neglect, failure to comply with the operating instructions or manual, poor maintenance and exposure to moisture, fire, earthquake and other external causes.
If PLASTIGI accepts the complaint, the Customer is firstly entitled to a free repair or replacement, as the situation allows. If the cost of repair is disproportionate or repair is impossible, PLASTIGI reserves the right to replace or exchange the Product with a similar Product. PLASTIGI is only obliged to refund if the repair or replacement no longer provides the Customer with the same benefit. The Customer will have to demonstrate this in a clear and justified manner. The resulting amount, if any, can never exceed the amount as invoiced to the Customer.
Returns of the Products are accepted only upon written notification by the Customer as shown above and written approval to return by PLASTIGI (always subject to all reservations). Costs of return shall always be borne by the Customer, unless otherwise agreed in writing. Product returns without prior approval of the complaint by PLASTIGI are always undertaken at the Customer’s own risk and expense.
If the Products were returned in an unjustifiable manner because the above conditions were not met, PLASTIGI will reship them to the Customer. The cost and risk of this reshipment shall be borne by the Customer.
7. Retention of title
All Products remain the full property of PLASTIGI until the full performance of all the Customer’s obligations.
As long as the Customer is in possession of any items subject to retention of title, the Customer shall be obliged to return the items in their original condition to PLASTIGI upon first request without judicial intervention.
In addition, the Customer is bound to keep the Products separate and mark them as the property of PLASTIGI until the full payment for the Products has been made by the Customer and received by PLASTIGI.
Until the ownership of the Products is transferred to the Customer, the Products may not be pledged by the Customer or transferred to third parties as security, nor may the Products be sold, disposed of or encumbered in any way.
The Customer undertakes to notify PLASTIGI immediately if third parties assert rights over the Products subject to retention of title.
PLASTIGI shall be entitled to recover all Products subject to retention of title in the event of improper fulfillment of the obligations resting on the Customer, as well as in the event that the Customer has filed for judicial reorganization or bankruptcy or has been declared bankrupt.
The Customer also undertakes to notify PLASTIGI should any of the aforementioned situations threaten to occur in the near future. If necessary, PLASTIGI reserves the right to suspend subsequent deliveries of Products.
8. Force majeure
For purposes of these Terms and Conditions, “Force Majeure” shall mean unforeseeable circumstances, including those of an economic nature, which are beyond the fault or control of a party, including, but not limited to, any delay or failure to perform its obligations under the Contract to the extent such delay or failure to perform would result from circumstances beyond a party’s reasonable control, including but not limited to natural disasters, act of government, wars, hostilities, attacks, strike, lockout or other labor dispute, sabotage, illness, health crisis, epidemic or pandemic, lockdown, travel ban, explosion, fire or flood, inaccessibility of the place where the work is to be performed, cyber-attacks, unavailability of web hosts, interruptions of the electricity network (including blackouts) and/or of the telecommunications network, delays in transportation or delayed or faulty delivery of items or materials, such as energy, raw materials or parts by third parties or the unforeseen scarcity or unavailability of fuel, power, raw materials, supplies or means of transportation or inability or delay in obtaining necessary government approvals, permits and licenses etc.
The parties shall not be liable for failures to comply with the Contract resulting from Force Majeure.
If a case of Force Majeure occurs, PLASTIGI shall immediately, and at the latest within 8 calendar days of becoming aware of it, inform the Customer by registered letter of the cause of the Force Majeure situation and its expected duration. In this case, the contractual obligations shall be suspended for the duration of the Force Majeure.
If the Force Majeure continues for more than 6 months, the Contract may be rescinded by either party, without either party being able to claim damages on that account.
9. Contingencies
If, after the Contract has been concluded, events occur and/or economic conditions change and/or certain parameters of the Contract change, which seriously complicate or delay the performance of PLASTIGI’s contractual obligations, the Customer is bound, if requested by PLASTIGI, to renegotiate the Contract in good faith taking into account the circumstances that have arisen.
10. Intellectual property rights
All intellectual property rights and derived rights concerning the Products and the Valiente® and Valientea® brand, belong to PLASTIGI. These intellectual property rights include copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The Customer is prohibited from using and/or modifying the intellectual property rights described in this Article.
PLASTIGI is the exclusive owner and/or lawful licensee of all intellectual property rights related to the Webshop and its content.
11. Liability - disclaimer
All use of the Webshop is always at the Customer’s own risk and responsibility. PLASTIGI assumes no liability for any inconvenience or damage arising from the use of the Internet, malfunctions, interruptions, system breakdowns, harmful elements or defects in the Webshop, the intrusion of outsiders or of a virus, nor for any information posted or processed thereon by third parties, regardless of the existence of Force Majeure or an extraneous cause. The Webshop contains content that can be downloaded. Every download is at the Customers’ own risk and responsibility.
PLASTIGI has the right at any time to restrict, interrupt or suspend access to the Webshop, in whole or in part, for reasons including maintenance, updating or any other reason, even without prior warning and without giving rise to any form of compensation.
The Customer cannot claim damages except in the event that PLASTIGI fails to fulfill its obligations due to its own fraud, intentional fault or gross negligence. In all other cases, PLASTIGI shall not be liable. PLASTIGI shall in no case be liable for consequential or indirect damages. PLASTIGI shall in no case be liable for the gross fault committed by the (legal) persons for whom it acts or by its suppliers.
Should PLASTIGI, for whatever reason, be obliged to compensate any damage, the compensation shall in any case be limited to the amount of the price as paid by the Customer in accordance with the Contract.
12. Validity - non-renunciation
If any clause or provision of these Terms and Conditions is declared void or invalid, this shall not affect the other clauses or provisions of these Terms and Conditions. It will be replaced by the parties by a valid provision that most closely approximates the intentions of the parties in the void or invalid provision.
If any portion of these Terms and Conditions is declared excessively broad, the provision shall, notwithstanding this fact, be enforceable to the maximum permitted by law.
Failure at any time by PLASTIGI to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
13. Data Protection
As part of the execution of the Contract, PLASTIGI may process the Customer’s personal data. This includes in particular personal information (name, address, telephone number, etc.), contact information (coordinates, e-mail address) and financial information (account number, method of payment, etc.). PLASTIGI will process these personal data only to the extent necessary for the performance of the Contract and any legal obligation, after which PLASTIGI will delete these personal data. PLASTIGI will process such personal data for the duration of the Contract and a period of 1 year after the end of the Contract, without prejudice, however, to relevant and applicable, regulatory retention obligations. PLASTIGI provides adequate guarantees regarding the application of appropriate technical and organizational measures so that the processing of personal data complies with the requirements of the General Data Protection Regulation. PLASTIGI guarantees the security and confidentiality of this personal data. PLASTIGI will not transfer this personal data to third parties or, a third country or an international organization, except pursuant to a legal obligation. Insofar as PLASTIGI relies on a processor to process the personal data, it guarantees that this processor will be bound by the same obligations as described in this provision. The Customer has, with respect to the personal data, a right of access, rectification, erasure, restriction of processing, transfer, objection or opposition under the conditions and modalities defined in the General Data Protection Regulation. The Customer has the right to complain to the supervisory authority.
14. Applicable law and competent court
Any dispute of any kind relating to these Terms and Conditions, offers made by PLASTIGI and/or the Contracts will be governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes arising from the Contract or related to these Terms and Conditions shall be submitted to the competent courts of the judicial district of Antwerp, Turnhout Division.