These General Terms and Conditions apply to all orders and purchases made by "companies" of the products of the registered trademark "Deltarack" by B.V.B.A. DELTARACK, having its registered offices at 2320 Hoogstraten, Lodewijk De Konincklaan 310 and registered in the Kruispuntbank van Ondernemingen [equivalent to Companies Register] under number 0451.786.111 (VAT: BE0451.786.111) - bank account number BE14 7512 0324 8483 (AXABBE22) - firstname.lastname@example.org
These General Terms and Conditions will always take precedence over any of the customer's general or special terms and conditions.
The customer acknowledges having taken note of these General Terms and Conditions. At the time of confirming an order, the customer declares acceptance of the order, as well as these General Terms and Conditions, in their entirety and without reservation. Deltarack reserves the right to refuse any order placed by a customer with whom it has a dispute or has had a dispute in the past.
3. Offers and prices
The products, as offered to the customer by B.V.B.A. Deltarack, are available while stocks last. The customer will be given a delivery period each time. Prices that are listed are in euros and are exclusive of VAT, unless explicitly stated otherwise. B.V.B.A. Deltarack reserves the right to correct the price in the event of an error, including a printing error.
Product prices do not include transport or shipping costs, which are charged separately and are listed either on the order form or the contracts.
The VAT rate that is applied is the rate at the time of placing the order. B.V.B.A. Deltarack reserves the right to adjust the prices as listed on the website or other channels resulting from a change in the tax rate or the introduction of new taxes, including environmental taxes which have an impact on the price of producing the goods. However, the ordered products are invoiced at the price that applies at the time of the order being placed and in accordance with the agreement concluded between the parties.
4. Orders and payment of invoices
B.V.B.A. Deltarack issues an invoice for every order. Invoices must be paid no later than the due date. Any complaints regarding the delivered products must be received by B.V.B.A. Deltarack no later than 8 days after delivery.
If the customer chooses to pay via bank transfer, the general terms and conditions of sale remain fully applicable, unless there are any special conditions agreed with the customer to the contrary:
- At the time of confirming an order, the customer declares having accepted the order, as well as these General Terms and Conditions, in their entirety and without reservation, including any terms and conditions applicable to any order confirmations or attachments.
- We reserve the right, at all times to insist on cash payments, despite any other previous conditions.
- In the absence of payment on the due date, a penalty equal to 10% of the amount of the unpaid invoices becomes due, automatically and without any prior formal notice, with a minimum of €250.00.
- Any delay in payment entitles an interest of 1% per month to be added to unpaid amounts from the date of invoice, automatically and without formal notice.
- Without special and written deviations from these provisions, these General Terms and Conditions take precedence over those of the buyer.
- Any dispute regarding the purchase of products and regarding the underlying General Terms and Conditions is subject to Belgian law. In the event of a dispute, only the Courts of the judicial district of Antwerp, Turnhout department, have jurisdiction.
B.V.B.A. Deltarack will ensure that orders are processed and executed in the shortest time possible. Delivery of products to the delivery address takes place on a weekday (Monday to Friday). Only one delivery address may be specified.
5. Reservation of title
The title of the sold products will only be transferred to the customer after the customer has satisfied in full the counterperformance owed to B.V.B.A. Deltarack in return for the products supplied or to be supplied by B.V.B.A. Deltarack, including payment of the agreed price, costs, interests and any damages. Nevertheless, risks of loss or destruction of the sold products will be fully borne by the customer from the time when the sold products are delivered.
Until the title of the sold products has been effectively transferred to the customer, the customer is expressly prohibited from using the delivered products as a method of payment, to pledge them or to encumber with any other security right. The customer undertakes to notify B.V.B.A. Deltarack immediately via registered letter of any seizure imposed by a third party on the sold products.
The customer carries a duty of care regarding those goods subject to the reservation of title and must store them in a perfect condition in a suitable and clean location and keep them in accordance with the highest standards and safety requirements that are common in the sector.
The customer undertakes to notify B.V.B.A. Deltarack if the sold products are stored in premises that it does not own and, at the request of B.V.B.A. Deltarack, will disclose the identity of the owner.
Risk is transferred to the customer at the time of delivery. From that moment, the customer bears the risk of loss, theft and partial or complete destruction of the goods. The title is only transferred upon full payment of the price by the customer.
Orders are delivered to the delivery address as specified by the customer. Orders may also be collected, provided that the goods are in stock and with prior confirmation, from the following address: Veilingstraat 9 in Hoogstraten.
All specified delivery periods are purely indicative and are subject to availability.
B.V.B.A. Deltarack cannot be held responsible for any delay in the delivery of the products, nor for any resulting damage. Any interruption to the production of the ordered goods does not give entitlement to damages or interest. In addition, B.V.B.A. Deltarack cannot be held responsible for any possible delay to delivery due to postal/transport services.
The delivery is accompanied by a delivery note, which also lists the details of the products.
The customer must notify us of its opening hours and contact person in advance to ensure handover of the delivery at the appropriate time. If no-one is present, all costs incurred for a second delivery, etc. will be invoiced to the customer.
If the delivery is not consistent with the delivery note or the delivery shows visible defects, the customer is obliged (1) to inform the carrier immediately and have this mentioned on the carrier's delivery document and (2) to communicate established defects, objections and/or non-conformity in writing and in detail to B.V.B.A. Deltarack without delay and no later than 48 hours after receipt. The liability of B.V.B.A. Deltarack for any hidden defects in the goods delivered by B.V.B.A. Deltarack is limited to defects that manifest themselves within 1 month after delivery of the goods. However, the customer must - on penalty of forfeiture - notify B.V.B.A. Deltarack in writing of any hidden defects immediately and within 48 hours at the latest after discovering the defect. This notification must include a detailed description of the defect. Complaints concerning hidden defects do not suspend the customer's payment obligation.
If the delivered goods are defective and if all the above mentioned periods and procedures have been respected, B.V.B.A. Deltarack will either repair the defective goods itself or arrange for them to be repaired, or replace them with a non-defective product, or credit the customer with the amount corresponding to the complaint, whereby all the foregoing is at the discretion of B.V.B.A. Deltarack.
The delivered products are of high quality and meet the GOST-standard. The customer is responsible for the correct use of the delivered products in accordance with the instructions and manual that are included with the product. Any damage that occurs as a result of incorrect use by the customer cannot be recovered from B.V.B.A. Deltarack. B.V.B.A. Deltarack is not liable for any damage suffered by the customer as a result of the defective goods.
Return shipments are only accepted after the prior written approval of B.V.B.A. Deltarack. The costs and risks associated with return shipments are at the risk of the customer.
By placing an order, you agree that our company processes your personal data for contractual performance with you. You have the right to access your data and have it amended if it is not correct. You can also object to any processing for direct marketing purposes. It is sufficient to contact us in writing (email, postal address).
9. Intellectual property
The information and services provided on our websites, the texts, images, video and audio files displayed on this website, as well as any software necessary for the use thereof, are protected by intellectual property rights, which belong exclusively to B.V.B.A. Deltarack. The brand "Deltarack" is a registered trademark. The complete or partial reproduction, distribution, sale, publication, adaptation, translation, modification or use for commercial purposes in any way is expressly prohibited, unless with the written consent of B.V.B.A. Deltarack. Storing information from our websites in a database is expressly prohibited, with the exception of the automatic 'caching' of information by the browser.
10. Changes to the General Terms and Conditions
B.V.B.A. Deltarack can change these General Terms and Conditions at any time, for example to comply with legal obligations. Customers will be informed in an appropriate manner of any changes to the General Terms and Conditions. The new General Terms and Conditions are only applicable to sales that occur after the change. The nullity of a part of these provisions or one or more of the provisions, does not affect the validity of the remaining provisions.
11. Liability and force majeure
B.V.B.A. Deltarack is not liable to the customer for serious or deliberate errors committed by its employees, staff and/or representatives in the context of the performance of their professional activities. B.V.B.A. Deltarack is only liable in the event of deceit, fraud and deliberate error.
B.V.B.A. Deltarack is not responsible for cases of force majeure, i.e. situations that make it very difficult for us (or incur high costs) to fulfil our obligations under this agreement. These include: natural disasters, riots, war and military operations, national or local emergencies, acts of negligence by the government, economic disputes of any kind, actions by employees, fire, telecom faults, bugs in software, flooding, lightning, explosions, collapses, as well as any act or omission of a person or entity falling outside reasonable control.
12. Disputes and applicable law
Any dispute regarding the purchase of products and regarding the underlying General Terms and Conditions is subject to Belgian law. In the event of a dispute, only the courts of the judicial district of Antwerp, Turnhout department, have jurisdiction.