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Conditions

General conditions

The website Zwembad.eu is shared by several independent companies: Zwembad BVBA, Harmopool BV and Joetron BVBA. These companies are hereafter referred to as “the trader”.

The trader reserves the rights to change the general terms and conditions without any prior notice.

1. Applicability

1.1 These general conditions (from here the terms) are applicable to all offers, orders and agreements of the trader. Only these terms regulate the contractual relationship between the parties and take precedence over any other eventual terms of sale the buyer might refer to.

1.2 These terms apply to all orders of Zwembad BVBA, Harmopool BV and Joetron BVBA.

1.3 Accepting an offer or placing an order on a web page or in a physical shop from the trader, implies that you accept the applicability of these terms.

1.4 The company which realizes the sale will be determined at the moment of the payment of the invoice. Money transferred to a Belgian PayPal or bank account and cash payments will be processed by Zwembad BVBA. Money transferred to a Spanish PayPal or bank account and cash payments will be processed by Empalco Iberica SL. Payments from other countries will be processed by Harmopool BV.

1.5 The trader doesn't accept any responsibility for sales which are done in one of the service centres.

2. Contract

The contract is concluded after acceptance of the order by the trader. The trader can reject orders and impose special delivery conditions, unless stated otherwise. If your order is not accepted, the trader will inform you within 30 working days after receipt of the order.

3. Prices / offers

All prices are in Euros, including VAT. The shipping costs are not included in the prices.

4. Product returns

4.1 You can send the products back within 14 days after receipt of your order. The purchase price will be refunded. In order to get a refund, the products should be delivered completely unused and undamaged to the trader. This is in accordance with the law on market practices and consumer protection (BE) and the law on distance selling (NL). This means that products cannot be taken back, if the products have been tested in a different way than this would happen in our store. We can’t take the products back and return your money if the products are not delivered unused and undamaged to the trader. 

The return can only take place if there is a clear agreement from the trader. The goods have to be shipped to the address indicated in the agreement sent by the trader. You should also include the necessary documentation required by the trader. Before returning the product, you have to request a return reference number. This return reference number has to be mentioned clearly inside the package. The return shipping costs are at charge of the customer.

4.2 In exceptional cases, when the shipped goods do not coincide with the ordered goods, the trader reserves the right to substitute the goods by new products or to refund the purchase value. In this case, the trader will pay for the return shipping costs.

The return costs that have to be paid back won’t be higher than the cost, if the trader takes care of the return of the package. When the return is organised by the trader, the customer will accept place and timing indicated by the trader.

Product returns must always be requested via the link "selfservice & contact" on our website ( http://www.rudy-shop.eu/ ).

5. Payments

5.1 The payment has to be made before or at the delivery. If the goods are picked up at the trader or sent COD, a deposit may be required. When the trader sends the goods COD, only cash payments will be accepted.

5.2 If the payment term has expired, you are liable as from the date on which the payment should have been made, and as from this date interests will be charged (1% of the pending amount) calculated by month or part of the month. If the payment has only been made after a reminder sent by the trader, a € 25 administration fee will be charged. If the trader has to contract third parties to collect your payment, you will have to pay the related costs. These costs are at least 15% of the outstanding amount, without affecting the right of the trader to claim the complete extrajudicial costs of this request for payment.

5.3 In the event of late payment, the trader reserves the right to dissolve outstanding related contracts.

6. Delivery

6.1 The delivery times indicated by the trader are not binding. If a delivery time is not respected, no refund or cancelling of the order will be done, nor will the contracts be cancelled, unless the delay in delivery is such that you cannot reasonably be required to leave the contract intact. In this case you are entitled to cancel the order or the contract, if this is necessary. In the case of conflict, the legal delivery time of 1 month for standard products (not special-built/ customized products) is considered reasonable.

6.2 Delivery takes place at location and time agreed, as soon as the goods are ready to be shipped.

6.3 We will deliver the products at the address specified when you ordered the goods. We cannot ensure that changes to the delivery address that happen afterwards, will also be correctly applied by the transport company. Adjusted delivery addresses can under no circumstances give rise to compensation claims.

The customer has to give his cooperation during the delivery process, to ensure a smooth delivery. This implies (but is not limited to :) entry of alternative delivery address and /or date in the transport company’s software, helping during unloading/loading, presence during the day of pick-up or delivery or pick-up of the parcel in a nearby delivery point in case the transport company delivered in such a facility etc. Costs associated with a lack of cooperation, can be charged to the customer.

If the order can’t be delivered at the address that you specified when you ordered the goods, it is possible that the transport company delivers the parcel in a nearby parcel-shop. The customer has to pick up the parcel in the specified parcel-shop in time.

7. Property provisions

The ownership of the goods will be transferred to the buyer at the moment in which all obligations to the trader are met. Risks related to the products are transferred at the moment of delivery.

8. Transport damage

Damaged boxes must be refused at the moment of delivery and the seller must be informed about it. If damaged parcels are accepted, this is irrevocable.
If the transport damage can only be assessed afterwards (the parcel was not damaged), you have to inform us in writing within 24 hours. Packaging and boxes must be kept until the end of the assessment of the damage. The buyer has to give his cooperation for assessment of the damage. If the buyer isn’t able to cooperate, this can lead to cancellation of the refund.

For some products the trader advises against shipping. In such cases the trader cannot be held responsible for shipping damage. For example: in the case of UV lamps, quartz or UV lamps.

Transport damage should always be reported via the link "selfservice & contact" on our website ( http://www.rudy-shop.eu/ ).

9. Electronic communication and evidence

9.1 The trader is not responsible for any misunderstandings, omission, delays, lack of information or messages from communications per e-mail or other means of communication in the flow of information between the client and the trader (and thus between the buyer and third parties). The trader is only responsible in the case of intention or a serious fault.

9.2 The administration of the trader will provide the full evidence regarding the existence, content and implementation of the contract with the buyer in front of a possible court proceeding, until the contrary is proved by the party who relies on the fact that the evidence is not reliable.

10. Act of god

10.1 The trader has -regardless of other rights- in the event of act of God, the right to cancel the processing of your order at their discretion, as well as to cancel the contract without judicial resolution. The trader can cancel the order or the contract by informing the customer by written notice and without having to pay any kind of compensation to the customer, unless this would be unacceptable according the standards of reasonableness and fairness in the given circumstances.

10.2  Act of God means any kind of event for which the trader will not be liable as they have no fault according to law or a judicial process.

11. Warranty – repairs

11.1
The trader follows the European law concerning the warranty of products. This means that the customer gets a warranty of 6 months for manufacturing defects, followed by a warranty of 1.5 additional years if the customer can proof that the manufacturing defect existed at the time of purchase. If the customer believes that he or she can make a warranty claim, the trader or the supplier will first check the products, before any exchange, repair or reimbursement can take place. This evaluation can’t be carried out at the exact moment on which the product arrives and may take some time. If the warranty claim is valid, the product will be repaired free of any charges.

11.2 All warranty claims are "Carry-in" or “Pick-up” at the address where the goods were purchased. 

For online orders, the "Carry-in" or “Pick-up” address is:

Zwembad
Industrieweg 9
B-3190 Boortmeerbeek
België

OR an address of the manufacturer within Europe, which will be specified. The customer will be charged for damage to the product due to poor packaging during the transport from the customer to the trader or to the supplier. If the warranty claim appears to be invalid, the product can be returned to the customer after payment of shipping and evaluation costs or the product can be repaired against payment. The payment conditions are the same as described previously.

11.3 Products that are not covered under warranty are: broken UV lamps, overheated UV lamps, parts of robots and pumps that are subject to wear (caterpillar treads, ball bearings, …), damage due to improper use or incorrect installation, etc.

Any damage resulting from a warranty problem (loss of water, installation costs, loss of time, etc.) will not be refunded by the trader. For warranty cases concerning inflatable products, the customer has to find the leak and send a picture of this leak (use water and soap on the leak to create bubbles). The trader will not accept returns of inflatable products.

11.4 For some products sold in Belgium and in the Netherlands, the trader offers within the normal warranty period, the “Platinum” warranty. The customer who registered for this “Platinum” warranty gets the right to receive – in case of a possible manufacturing defect - an equivalent replacement item during the evaluation and repair period. After the evaluation / repair, the customer has to send the replacement product back in perfect condition, clean and dry. Evaluation-, transport- and repair fees out of warranty remain at the charge of the customer. All details of the Platinum warranty can be checked on the web page of the Platinum warranty.

11.5 If a product has been delivered, which is not functioning properly, the trader has the right to repair, replace or pay back the dysfunctional product. The trader has the right to choose any of these options (only the trader can make this choice).

12. Technical textile (http://www.technisch-textiel.eu/)

You don’t need a license for the purchase of bulletproof vests. However, there are some conditions attached to ordering such a product.

- It is obligatory to send us a copy of a valid ID card.
- It is obligatory to send us a signed version of the following text.
- We only ship the technical textile products to Belgium, the Netherlands and Luxemburg.

If these formalities aren’t fulfilled, we cannot deliver the products. In this case, we will pay the money back after deduction of 25 Euros administration costs.
I hereby confirm that I (name, first name, ID card number):

1 The products that I bought (or their replicas) will not be used in a nuclear or nuclear fuel-cycle activity, explosive activity, terrorist activities or activities related to chemical, biological, or nuclear weapons or nuclear weapons or tools that could launch such weapons.

2 I accept the conditions mentioned above as binding and I declare that I am a reliable and honest person who does and will not participate in such activities. I purchased the goods with the aim to protect myself and / or my family.

3 The purchased goods will not be exported to a country that is not mentioned on my ID card and will not be resold to organizations carrying out the activities mentioned above. The products will not be resold to people who have a link with countries for which export restrictions exist, enacted by the United Nations, the European Union and / or the Organization for Security and Co-operation in Europe.

4 The purchased goods will not be delivered or transferred to other armed organizations or people or to organizations mentioned on the list of terrorists or terrorist organizations in the European Union or in the USA.

Signature, name and first name, place and date.

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Warranty technical textile:
- The warranty for the outer cover is TWO (2) years from the date of the invoice.
- The protection is guaranteed for TWO (2) years from the date of the invoice.

This warranty is not valid if the manufacturer ascertains (after physical inspection) that the outer cover or the protection have been subject to abuse, damage or unauthorized repair. “Damage’ is defined as: cracks in or heavy wear of the outer cover and cracks or holes in the outer cover or protection. This warranty is only valid for the original purchaser and is not transferable. Of course, the maintenance instructions must be respected.

13. Miscellaneous

13.1  Should one or more points of these terms, or any contract with the trader, differ from the existing legislation, this will be cancelled and replaced by the trader by a regulation which coincides with the existing legislation.

13.2  In the event of missing or incorrect information on the webpage, or incorrect interpretation of this information, no rights can be claimed. Pictures are informative and reflect the characteristics of our products. The illustrations and pictures are not binding.

13.3  The trader can ask third parties to carry out your order(s).

14. Disputes - claims - applicable law and court of jurisdiction

14.1 Disputes and claims should always be initiated via the link "selfservice & contact" on our website ( http://www.rudy-shop.eu/ ).

14.2 All rights, obligations, offers, orders and contracts which are related to these terms, as well as these general conditions, refer to the Belgian law.

14.3 For disputes that can not be solved by mutual agreement, an attempt can be made to solve these disputes via the ODR platform: http://ec.europa.eu/odr/

14.4 If aditional administrative services from Zwembad BVBA, Harmopool BV or Joetron BVBA  are required such as resending invoices, making a proforma invoice, etc .. administrative costs can be applied. The minimum invoice amount for such intervention is 25 euro.

14.5  All disputes between the parties will be transferred exclusively to the competent judge of the Commercial Court of Leuven in Belgium.









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