General Terms and Conditions of Sale
Antoon Catriestraat 39 G
9031 Drongen – Belgium
T: + 32 9 375 25 05
F: + 32 9 375 25 04
Trade Register Ghent division
Article 1. Applicability
- The website of Tradewinds, a private company with limited liability with registered office at 9031 Drongen, Antoon Catriestraat 39 G, VAT BE 0452.663.168, Trade Register Ghent, Ghent division, (hereinafter ‘Tradewinds’) offers its customers the opportunity of purchasing the products from their web store online.
- To all offers, orders, agreements and deliveries of Tradewinds, these General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to the exclusion of any other general terms and conditions. These Terms and Conditions have been filed with the Business Court in Ghent, Ghent Division, and will be sent by us upon request. These Terms and Conditions can also be consulted via the internet, see: www.trade-winds.be/algemene-voorwaarden
- Customer is understood to mean any visitor to the website or any natural person who enters, or has entered, into an agreement with Tradewinds via the Tradewinds webshop.
- Products are understood to mean all Tradewinds items that Tradewinds has included in the sales range of its webshop.
- These Terms and Conditions apply to any contact between Tradewinds and the Customer, regardless of the means of communication used.
- The accepting or placing an order implies that the Customer accepts the applicability of these Terms and Conditions.
- It is only possible to deviate from the provisions in these Terms and Conditions if Tradewinds has explicitly agreed to this in writing, in which case the other provisions will remain fully in force.
- If the Customer also refers to his general terms and conditions, those terms and conditions do not apply unless Tradewinds has explicitly agreed to this in writing.
- All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Tradewinds, are also stipulated for the benefit of intermediaries engaged by company name and other third parties.
- Insofar as these Terms and Conditions have been drawn up in a language other than Dutch, the Dutch text shall always prevail in the event of differences.
Article 2. Offers/agreements
- All offers of Tradewinds are without obligation and Tradewinds explicitly reserves the right to change the prices, taking into account the provisions of Article 3.2, in particular when this is necessary on the basis of (legal) regulations.
- An agreement is only concluded after acceptance by the Customer of the offer and the fulfilment of the associated Terms and Conditions and after acceptance of the Customer’s order by Tradewinds. Tradewinds is entitled to refuse, supported by reasons, orders or to attach certain terms and conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Tradewinds will inform you of this within three (3) working days after receiving the order.
- Despite the fact that the online catalogue and website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious errors or mistakes in the offer are not binding for Tradewinds. Regarding the accuracy and completeness of the information provided, Tradewinds is only bound by an obligation of means. Tradewinds is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact us in advance.
The offer is always valid while supplies last and can be adjusted or withdrawn by Tradewinds at any time. Tradewinds cannot be held liable for the unavailability of a Product. If an offer is of limited validity or is subject to terms and conditions, these shall be explicitly stated in the offer.
Article 3. Prices and payments
- The prices specified for the offered goods are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. If delivery, reservation or administrative costs are charged, this will be stated separately.
- The indication of price applies exclusively to the Products as described verbally. The accompanying photos are intended to be decorative and may contain elements that are not included in the price.
- If the prices for the products offered rise in the period between the order and the execution thereof, the Customer is entitled to cancel the order or to dissolve the agreement within ten (10) days after Tradewinds has given notification of the price increase.
- In some cases there are promotional prices. Promotional prices are only valid for a certain period while stocks last.
- Payment must be made in (one of) the manner (s) indicated during the ordering process. Further (payment/order) terms and conditions can be imposed on an order.
- If the Customer is in default of any payment, Tradewinds is entitled to suspend or dissolve the relevant agreement and associated agreements.
- Tradewinds is entitled to demand security from the Customer upon or after entering into the agreement, before (further) performance, that his payment obligations will be met. Refusal by the Customer to provide the required security gives Tradewinds the right to suspend its obligations and ultimately it has the right to dissolve the agreement in whole or in part without notice of default or judicial intervention.
Article 4. Delivery
- Orders will be delivered as soon as possible.
- We deliver international shipments in consultation with the Customer.
- If the delivery is either (temporarily) out of stock or is delayed for other reasons, or if an order cannot be executed or can only be partially carried out, the Customer will be notified as soon as possible. Unless otherwise agreed or explicitly determined otherwise, the goods will be delivered to the Customer’s place of residence within 30 days of receiving the order. After this period, the Customer has the right to cancel the order without costs.
- Deliveries take place at the address specified by the Customer in his order (up to the front door ground floor) unless otherwise expressly agreed in writing thereafter.
- The Customer is obliged to check the shipment immediately upon receipt and to check whether the delivered Products meet the agreement. If Products unexpectedly do not comply with this or there is visible damage and/or qualitative shortcoming of a Product or other shortcoming during delivery, then the Customer must report this to Tradewinds within fourteen (14) days after delivery.
- The risk of loss or damage is transferred to the Customer from the moment he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the Products and this choice had not been offered by Tradewinds.
Article 5. Retention of Title
- The ownership of the Products delivered, notwithstanding the actual delivery, will only transfer to the Customer if the Customer has paid everything that the Customer owes to Tradewinds on the basis of any agreement. This also includes reimbursement of interest and costs, including earlier or later deliveries.
- The Customer may not tax, sell, resell, dispose of or otherwise encumber the Products before ownership thereof has been transferred.
Article 6. Reflection period and right of withdrawal
- The provisions of this article only apply to Customers who, in their capacity as consumers, purchase Products online from Tradewinds.
- If the right of withdrawal applies:
The Customer has the right to withdraw from the contract within 14 calendar days without giving reasons.
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer or a third party appointed by him has received the last product. The entrepreneur may refuse an order of several products with different delivery dates, provided that he clearly informs the consumer prior to the order process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
To exercise the right of withdrawal, the Customer must inform Tradewinds of his decision to terminate the agreement via an unambiguous statement (e.g. in writing by post, fax or e-mail).
In order to comply with the withdrawal period, the Customer must send his notification regarding his exercise of the right of withdrawal before the withdrawal period has expired.
- The Customer must return the goods to Tradewinds without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Tradewinds BVBA, 9031 Drongen, Antoon Catriestraat 39 G. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The Customer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Tradewinds.
- If the Customer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the Customer withdraws from the agreement, Tradewinds will refund all payments received from the Customer up to that time, including the standard initial delivery costs, to the Customer within a maximum of 14 calendar days after Tradewinds has been informed of the Customer’s decision to withdraw from the agreement. For sales agreements, Tradewinds can wait with the reimbursement until it has received all the goods, or until the Customer has demonstrated that he has sent back the goods, whichever is the earlier.
- The costs for the return itself must be paid by the Customer and cannot be recovered from Tradewinds.
- Tradewinds will pay the Customer back with the same payment method with which the Customer has carried out the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.
- The Customer cannot exercise the right of withdrawal for the delivery of goods manufactured according to the Customer’s specifications, or which are clearly intended for a specific person.
Article 7. Warranty
- Under the law of 1 September 2004 on the protection of consumers when selling consumer goods, the Customer has legal rights. This legal guarantee applies from the date of delivery to the first owner. No commercial guarantee affects these rights.
- Tradewinds guarantees that the Products to be delivered meet the usual requirements and standards that can reasonably be imposed on them and are free from any defects.
- In order to invoke the guarantee, the Customer must be able to provide proof of purchase and delivery. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer’s home, the Customer must contact Tradewinds customer service and return the item to Tradewinds at his expense.
When a defect is determined, the Customer must inform Tradewinds as quickly as possible. In any case, any defect must be reported by the Customer within a period of 14 calendar days after it has been determined. Afterwards, any right to repair or replacement expires.
Defects that manifest themselves after a period of 6 months following the date of purchase, delivery, if appropriate, are deemed not to be hidden defects, unless the Customer proves otherwise.
Warranty is excluded for visible defects from the acceptance of the Products by the Customer and this in accordance with the provisions in Article 4.5. The warranty is limited to the replacement by equivalent Products, whereby any consequential damage and possible costs such as transport, insurance are borne by the Customer.
- All Tradewinds warranty obligations expire:
- If there is normal wear and tear;
- If changes have been made to the product, including repairs that have been carried out without the permission of Tradewinds or the manufacturer;
- If the invoice number of the original invoice and the delivery note cannot be produced;
- if the maintenance instructions/manual provided with the Products have not been complied with, if there has been incorrect use of the delivered Product or in case of improper use.
- for defects that arise as a result of accidents, neglect, falls.
- If damage has been caused by intent, gross negligence or oversight.
- The Customer is obliged to return the product to Tradewinds immediately after discovery of the defect, with an accurate description of the defect, in the manner indicated by Tradewinds in order to ensure a proper assessment and settlement of the warranty claim. If a complaint is declared justified, Tradewinds undertakes to refund the invoice value unless agreed otherwise.
- Tradewinds can never be held liable for non-written promises.
- Tradewinds cannot be held liable for damage to equipment or installations due to weather conditions such as storm, snow, hail, water seepage, lightning, etc; defects caused by overvoltage in the electricity grid; defects caused by incorrect connection of devices and cabling by the Customer; wear or defect as a result of negligent maintenance, overheating, exposure to extreme cold or heat and to humidity.
Article 8. Communication
- For misunderstanding, corruptions, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in traffic between the Customer and Tradewinds, or between Tradewinds and third parties, insofar as relating to the relationship between the Customer and Tradewinds, Tradewinds is not liable, unless and insofar as there is intent or gross negligence on the part of Tradewinds.
Article 9. Force Majeure
- In the event of force majeure, Tradewinds has the right, without prejudice to the other rights to which it is entitled, to, of its own choice, suspend the execution of the order of the Customer, or to dissolve the agreement without judicial intervention, this by notifying the Customer in writing and this without Tradewinds being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
- Force majeure is understood to mean any circumstance independent of the will of Tradewinds, as a result of which the fulfilment of its obligations towards the Customer is wholly or partially prevented.
- If the agreement has already been partially implemented by Tradewinds, the Customer will pay the selling price of the delivered Products.
Article 10. Intellectual and Industrial Property Rights
- All intellectual property rights and derived rights with regard to designed models, sketches, graphic designs, photos, logos and other creations as well as with regard to the subsequently produced copies of the Product and trade names are retained by TRADEWINDS, unless otherwise agreed in writing, with the prohibition of counterfeiting, reprint or changes.
These intellectual property rights are understood to mean copyright, trademark, drawing and design rights and/or other intellectual property rights, including technical and/or commercial know-how, methods and concepts that can be patented or not. The Customer is prohibited from making use of and/or making changes to the intellectual property rights as described in this article, unless it is purely for private use of the Product itself.
- The Customer must fully and unconditionally respect all Tradewinds intellectual and industrial property rights.
- The Customer only receives a non-exclusive and non-transferable right of use for the use of the Products. With such use, the Customer will strictly adhere to the Terms and Conditions laid down in the General Terms and Conditions or otherwise imposed on the Customer.
- The Customer is not permitted to copy the Products supplied, to change them in whole or in part, or to provide them with a different brand name or packaging, or to use the relevant brand in another way or to register in their own name.
Article 11. Sanctions for non-payment
- Without prejudice to the exercise of other rights held by Tradewinds, in the event of non-payment or late payment from the date of the default, the Customer shall, by operation of law and without notice, interest on the unpaid amount. If you are a consumer within the meaning of Article I.1., 2° Economic Law Code, Tradewinds applies the statutory interest rate for this. If you are a professional Customer or enterprise within the meaning of Article I.1., 1° Economic Law Code, then Tradewinds applies the interest rate as provided for in the Act of 2 August 2002 on combating late payment in commercial transactions. In addition, the Customer is obliged to pay a lump-sum compensation of 10% on each unpaid invoice amount, also by operation of law and without formal notice, and with a minimum of 100 euro, without prejudice to the right to prove multiple damage and disadvantages, including by charging for procedural expenditure, costs and fees paid to a lawyer in the event of judicial recovery. If you are a consumer, the same interest on arrears and compensation clause as referred to above apply to late repayment of Tradewinds.
- Notwithstanding the foregoing, Tradewinds reserves the right to take back the Products that are not (fully) paid for.
Article 12. Privacy statement
- All personal data is processed in accordance with applicable data protection legislation.
Article 14: Damage to validity – non-cancellation
- If any provision of these Terms and Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
- Failure by Tradewinds to enforce any of the rights listed in these Terms and Conditions at any time, or to exercise any right in them, will never be considered a waiver of such provision and will never affect the validity of those rights.
Article 15: Change of Terms and Conditions
- These Terms and Conditions are supplemented by other terms and conditions where explicitly referred to, and the General Terms and Conditions of sale of Tradewinds.
- These Terms and Conditions may be changed from time to time. The most recent version will always be on the website.
- In the event of a conflict, these Terms and Conditions prevail.
Article 16: Proof
- The Customer accepts that electronic communications, such as emails, can serve as evidence.
Article 17. Applicable law and competent court
- These Terms and Conditions are exclusively governed and interpreted in accordance with Belgian law. Only Belgian law applies to all offers and sales agreements.
- All disputes related to or arising from these Terms and Conditions, from TRADEWINDS offers, or sales agreements concluded with it, will be submitted exclusively to the courts of the judicial district of East Flanders, Ghent division.