Terms of service

 

  

**Article 1 Definitions**

1.1 **Seller:** IL GRANITO BV, with its registered office at 3600 Genk, Toekomstlaan 2 and registered in the Crossroads Bank for Enterprises under number 0465.837.253, hereinafter also referred to as “we” or “us”.

1.2 **Buyer:** A customer, a natural or (whether or not public) legal entity who places an order on the Website.

1.3 **Consumer:** A customer and natural person acting for purposes predominantly outside his trade, business, craft, or professional activity, in accordance with article I.1,2° WER.

1.4 **Website/Online Store** https://www.antidotecleaning.com/.

1.5 **Products** The products that we offer for sale through our Online Store.

1.6 **Purchase** Any purchase of products through the Online Store.

1.7 **Delivery** The moment when the goods are handed over to the Buyer and where the Buyer signs for receipt.

1.8 **Visible defect** A defect in a sold item that is visible to the Buyer at the moment of delivery.

1.9 **Hidden defect** A defect in a sold item that existed before the item was sold but was not visible to the Buyer at the time of delivery.

 

**Article 2 Applicability**

2.1 These general terms and conditions govern the legal relationship between the Seller and the Buyer from the moment an order is placed by the Buyer in the Seller’s Online Store via the Website https://www.antidotecleaning.com/. By placing an order, the Buyer expressly confirms that he has read, approved, and accepted these General Terms and Conditions. Any deviation shall be confirmed in writing. In case of such deviation, these General Terms and Conditions shall at least retain their supplementary effect for all aspects not expressly regulated differently in writing.

2.2 The Seller reserves the right to modify these conditions periodically as necessary and consequently advises the Buyer to regularly check these conditions on the Website for any changes. Naturally, any such change will not affect the product that you have purchased.

 

**Article 3 Offer**

3.1 The products offered in the Online Store are available while stocks last. The Seller is entitled to change and adjust the offer.

3.2 If the Seller shows a model, sample, or example through the Online Store, this is done merely by way of illustration. While the Seller does his utmost to display the Products as accurately as possible, they may differ from the model, sample, or example.

3.3 The Seller reserves the right to correct prices on the Website in case of a material error.

 

**Article 4 Price and Payment**

4.1 The price stated on the Website at the final checkout is determined and payable in euros (EUR) and includes VAT and other levies imposed by the government, unless explicitly stated otherwise.

4.2 The payment of products takes place online at the moment of the Purchase. The Buyer must carry out the payment using the options offered during the online ordering process. Shipment by the Seller will only occur after the Seller has received full payment.

4.3 The Seller cannot be held liable for any damage resulting from the use of online payment methods, unless in the case of intentional fault or deceit on the part of the Seller.

 

**Article 5 Purchase**

5.1 The Purchase of Products through the Online Store is binding for the Buyer. The Buyer is responsible for the accuracy of a placed order. Orders bind us only after written order confirmation (by mail or email) from a body authorized to represent us.

5.2 If the order confirmation differs from your order, this order confirmation is binding for the Buyer, unless the Buyer declares in writing (by mail or email) within 8 days of receipt of the order confirmation that he does not agree with it.

5.3 In case of a unilateral cancellation of a Purchase by the Buyer, we are entitled to compensation, which is fixed at 30% of the agreed Purchase price (incl. taxes, duties, and costs), without prejudice to our right to compensation for our actual and proven damage. If the Buyer fails to pay this compensation, a fixed interest rate of 10% will apply, calculated from the date of demand until the day of full payment of this compensation. This compensation is not applicable in the case provided in art.6.2.

5.4 If you are a Consumer, you also have a right to compensation in case of a unilateral cancellation of a Purchase by us. This compensation is fixed at 5% of the agreed Purchase price (incl. taxes, duties, and costs), without prejudice to your right to compensation for your actual and proven damage.

5.5 If you are a Buyer but not a Consumer, you can also claim a right to compensation in case of a unilateral cancellation of a Purchase by us. This compensation is fixed at 2% of the agreed Purchase price (incl. taxes, duties, and costs).

 

**Article 6 Right of Withdrawal**

6.1 The Consumer has the right, in certain cases, to withdraw from the Purchase within fourteen (14) days after the effective delivery of the Products without giving any reason.

6.2 To exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement. The withdrawal instructions and the model form for withdrawal are available via the following link (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf). This model form is provided in appendix 2 of the Economic Law Code.

6.3 To exercise the right of withdrawal, the Consumer must send the notification regarding the execution of the right of withdrawal (by means of the model form) before the withdrawal period of fourteen (14) days has expired.

6.4 For a correct withdrawal, the Consumer must handle the delivered Products carefully during the withdrawal period and unpack them only as far as necessary to determine whether he wishes to keep them. We reserve the right to check the condition and safety of the returned Products.

6.5 The Seller will refund the returned Products after the Products have been received and checked by the Seller. The costs of any return by post or courier are at the expense of the Consumer.

6.6 If the Consumer revokes the contract, he will receive the amount of the payment he has made back, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) without delay and in any case no later than fourteen (14) days after the Seller has been informed of the Consumer's decision to revoke the contract. The Seller will refund the Consumer using the same means of payment as was used for the original transaction, unless the Consumer has expressly agreed otherwise.

6.7 The Consumer cannot exercise his right of withdrawal in a number of cases. These cases are listed in article VI.53 of the Economic Law Code. For example, the Consumer has no right of withdrawal for, among others: Products that spoil quickly or have a limited shelf life; Products where the seal has been broken after delivery; Products that have been customized or personalized at your request; Products that have been irreversibly mixed with other materials after delivery.

6.8 During the reflection period, the Consumer will handle the product and the packaging carefully. If the Consumer exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original state and packaging. If the product is damaged due to careless handling by the Consumer, the Consumer is liable for any decrease in value of the product. We therefore advise you to take all necessary precautions when opening and unpacking to fulfill your obligation under this article.

 

**Article 7 Delivery**

7.1 Delivery times do not constitute an essential condition of our agreement and are only provided for information. Delays relative to stated delivery times therefore cannot give rise to any penalty, damages, or dissolution of the Purchase.

7.2 However, if you are a Consumer, you are entitled to delivery no later than thirty (30) days after the closure of the Purchase, or failing that, at least within an additional term specified in writing by you that is reasonable considering the concrete circumstances. If we also cannot deliver within this additional term, then you may cancel the Purchase, without being due any damages.

7.3 If it is not possible for the Seller to deliver the products within the indicated period or quantities, the Seller must inform the Buyer of this in writing. In the absence thereof, the Buyer may terminate the agreement.

7.4 The delivery of the Products takes place through a transport of the Products arranged by the Seller at the expense and risk of the Buyer.

 

**Article 8 Retention of Title**

8.1 The Buyer acquires ownership of the Products only after the Seller has received full payment of the Purchase price.

 

**Article 9 Complaints**

9.1 The Buyer must report his complaints concerning visible defects in the Products, on penalty of forfeiture, and in any case prior to any use, processing, or processing, by registered letter to the Seller within a period of fourteen (14) working days following delivery.

9.2 The Buyer must report his complaints concerning hidden defects in the Products, on penalty of forfeiture, by registered letter within fourteen (14) working days following the day on which he discovered the hidden defect or should reasonably have discovered it.

9.3 The complaint referred to in 9.1 and 9.2 will only be admissible if the Buyer provides a detailed description of the defect by registered letter and also mentions the wish for a refund or exchange.

9.4 The Consumer also has the right to file a complaint via the European platform for online dispute resolution (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home

 

.show&lng=NL).

 

**Article 10 Warranty**

10.1 The Consumer has a right to a warranty for hidden defects in the Products that already existed at the time of delivery of the Products and manifest themselves within a period of two (2) years from the date of delivery. The Buyer who is not a Consumer has a right to a warranty period of six (6) months. After these periods have expired, the Seller is no longer liable for hidden defects in the Products. Labor and travel costs are always at the expense of the Consumer.

10.2 To invoke the warranty for hidden defects, the Consumer must report the defects by registered letter to the Seller within a period of sixty (60) days after they were discovered or should have been discovered by the Consumer and must return the defective product to the Seller within that period.

10.3 The warranty referred to in articles 10.1 and 10.2 does not apply in the case of improper installation and/or improper use and/or deficient maintenance of the Products, in case of modification or repair of the Products by the Buyer and/or third parties, or for damage with a cause other than a defect in the Products. Improper use includes, among other things: installation or use contrary to the relevant and applicable installation and/or usage conditions that are always provided with the Product as well as available on our website (https://www.antidotecleaning.com/). Important usage instructions are always mentioned on the product packaging.

10.4 The Buyer acknowledges and accepts that he has a duty to mitigate damages. In this context, the Buyer must always first test products for surface treatment on a small, inconspicuous surface. For optimal results, the Product should be used in accordance with the ratios and application times indicated on the packaging and usage conditions.

10.4 A hidden defect shall be deemed not to exist if, at the time of concluding the contract, the Consumer knew or reasonably should have known of the defect.

 

**Article 11 Liability**

11.1 The Seller cannot be held liable for damage caused by the Buyer or by third parties or as a result of the use of the Products in violation of the usage instructions.

11.2 To the extent legally permitted, the Seller is only liable for direct damage resulting from an attributable failure to fulfill his obligations under the Agreement. The Seller, except in case of his own fraud or intentional fault, is in no case responsible for incidental damage or consequential damage (including: injuries, damage to property, financial loss, lost profit, personnel costs, damage to third parties, loss of income). The Buyer hereby waives any recourse against the Seller and/or his appointees.

11.3 The liability of the Seller is in any case limited to the amounts paid out by his insurance. If the insurance does not cover the damage, then the liability of the Seller is limited in principal, costs, and interests to the amount incl. VAT that the Buyer has paid for the Products.

 

**Article 12 Force Majeure**

12.1 If a force majeure situation makes the execution of the Purchase impossible, or more difficult, costly, and/or time-consuming than foreseen at the time of the Purchase, the Seller is entitled to suspend the execution of this Purchase during the duration of the force majeure situation. If this force majeure situation lasts longer than 30 days, both the Seller and the Buyer have the right to terminate the Purchase by operation of law, without prior notice and with immediate effect, without any compensation. The Purchase price will, if applicable, be refunded in full to the Buyer.

12.2 The term ‘force majeure’ includes, in any case: unforeseen circumstances, also of an economic nature, which have arisen without fault or action of the company, such as, among others, serious disruptions in the company, forced reduction in production, unforeseen shortcomings, fire, strikes and lockouts, both in the company and at suppliers, pandemic, epidemic, government intervention, government order or government measure, travel ban, war, hostilities, terrorist attacks or threat thereof, state of siege, mobilization, weather conditions that seriously complicate the execution of the contract, whether in Belgium or in any other country where possible suppliers of the Seller are located.

 

**Article 13 Suspension and Termination**

13.1 The Seller reserves the right to suspend its obligations towards the Buyer at all times and without prior notice when the Buyer does not, not timely, or not fully comply with his obligations under these General Terms and Conditions. The Seller may also choose to terminate the Purchase by operation of law, without prior notice and with immediate effect, without prejudice to the Seller's right to full compensation for the suffered damage.

 

**Article 14 Intellectual Property**

14.1 The Seller is the exclusive owner and/or rightful licensee of all intellectual property rights relating to the (content of the) Website and the Products. The Buyer indemnifies the Seller for all damage that would result from an infringement of these intellectual property rights.

14.2 The Seller is not liable if the Products would infringe the intellectual property rights or any other rights of third parties.

 

**Article 15 Privacy**

15.1 The privacy and cookie statement of the Seller is available on the Website. The Buyer acknowledges having read these statements and having accepted them.

15.2 The Seller meticulously follows the European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (“GDPR” or “AVG”). The Buyer agrees that the Seller collects and processes his personal data for commercial purposes, specifically in the context of management, financing, and collection of receivables, as well as marketing and promotion. These data may be used both by the Seller, as by other affiliated companies or subcontractors, who will at all times offer appropriate safeguards in terms of personal data protection, for commercial prospecting, analysis and research, product warranty arrangements, as well as for the maintenance and management of the Website. The data are retained for the entire duration of the commercial relationship and, if applicable, thereafter, to enable the Seller to fulfill his legal obligations. The Buyer has a right of access, correction, and deletion of his data, as well as a right to object to the processing of his data on the basis of a legitimate interest. The Buyer further has the right to object free of charge and without justification to the use of his data for direct marketing purposes. To exercise these rights, the Buyer must send a signed and dated request, accompanied by a recto/verso copy of the identity card or of a legal representative, to the registered office of the Seller.

 

**Article 16 Moderation**

16.1 If any of the General Terms and Conditions prove to be null or partially unenforceable, the remaining General Terms and Conditions shall not be affected thereby and shall retain their full effect minus the disputed clauses to the extent possible. Seller and Buyer undertake to negotiate in good faith a new clause that will reflect the intention of the potentially void clause.

 

**Article 17 Applicable Law and Competent Court**

17.1 All agreements concluded with the Seller as well as the disputes arising therefrom are exclusively governed by Belgian law, excluding the Vienna Sales Convention.

17.2 In the event of disputes arising from the agreement or these general terms and conditions, which form an integral part thereof, the courts of the judicial district of Antwerp, Hasselt division are exclusively competent.