General terms and conditions of sale
General terms and conditions of sale
1. Applicability
These general terms and conditions of sale apply to all orders submitted to us.
The customer is deemed to accept them solely by placing an order.
Any deviations from these terms and conditions, even if stated on documents issued by the customer or our representatives, shall only be binding on us if confirmed by us in writing.
2. Quotations and orders
Unless otherwise stated in writing, our quotations are provided for information purposes only.
Every order placed shall be binding on the customer, but shall only be binding on us after written confirmation by means of an invoice. Any actual or alleged errors in our invoice must, under penalty of forfeiture, be notified to us in writing within 8 days of the date of this confirmation. Delivery shall in all cases take place at the prices applicable on the day of delivery.
3. Description, deviations and intellectual property
Unless otherwise agreed in writing, our samples, drawings, dimensions, weights and other data are only approximate descriptions of our products, and any deviations of whatever nature may never be invoked by the buyer to refuse acceptance or payment, or to demand cancellation or compensation. Likewise, unless otherwise agreed in writing, we cannot be held liable for any unsuitability of our products for the specific purposes for which the buyer or the buyer's customer intends them.
Reproduction of our drawings, designs and execution proposals is prohibited under the statutory provisions concerning artistic and industrial property and unfair competition.
4. Delivery periods and extraordinary circumstances
Unless otherwise agreed in writing, the delivery periods stated by us are always approximate and never binding. Even if a binding delivery period has been agreed subject to compensation, in the event of extraordinary circumstances such as war, disruption of transport, illness among our staff or shortage of employees, failures by our subcontractors or suppliers, etc., this list being non-exhaustive, we shall always have the right to withdraw from the sale, without the buyer being entitled to claim any compensation in either case.
5. Delivery and transport
Unless otherwise agreed in writing, all our deliveries are made ex warehouse Heist-op-den-Berg and transport is always at the buyer's expense and risk. The goods are not insured by us.
6. Retention of title
Until full payment has been made, the goods delivered by us shall remain our property; until full payment has been received, we may take them back at any time, while the customer shall be obliged to return these goods to us immediately and carriage paid upon first request.
7. Manufacturer's warranty
With regard to goods supplied by us, we accept no warranty obligation. Upon request, we shall inform the buyer of any manufacturer's warranty applicable to the goods supplied by us and shall support warranty claims by the buyer with the manufacturer where we consider such claims to be justified.
Goods submitted for warranty assessment must be sent to us carriage paid.
8. Defects
We accept no liability for defects, whether hidden or apparent.
9. Resale
In the event of resale, the buyer undertakes to make the manufacturer's general and specific warranty conditions enforceable against its own customer.
In all cases, the buyer agrees to indemnify us against all consequences whatsoever of claims that its customer may bring against us in respect of the goods purchased and which exceed the limits of the claims that the buyer itself could have asserted against us.
10. Payment
All our invoices are, unless expressly agreed otherwise in writing, payable within 30 days of the invoice date. We reserve the right, at our discretion, to make deliveries cash on delivery. In the event of refusal of the cash-on-delivery shipment, the buyer shall be obliged to reimburse us for all costs arising therefrom. Any amount not paid on the due date shall, by operation of law and without notice, be increased by default interest of 10%. In addition, the amount due but unpaid shall be increased by a fixed 15% as compensation, with a minimum of € 112. Any costs relating to unpaid bills of exchange, even if these have not been accepted, shall be borne by the debtor.
11. Non-payment and cancellation
The foregoing shall not constitute a waiver of our right, in the event of non-payment and if we so choose, to seek cancellation of the sale together with compensation. Whenever a sale is wholly or partially cancelled as a result of any fault or failure by the buyer, the buyer shall owe us, by way of compensation for costs incurred and loss of profit, a fixed and non-reducible compensation equal to 15% of the amount of the cancelled sale or part thereof, without prejudice to our right to additionally claim reimbursement of the costs we may have incurred to recover possession of the goods and restore them to their original condition.
12. Accepted bills of exchange
The customer may not object to a request for accepted bills of exchange as a means of payment.
13. Competent court
Any dispute concerning the interpretation, application or performance of this agreement shall, by agreement of the parties, fall under the exclusive jurisdiction of the courts of Mechelen.
Privacy statement
CB Sport nv - CB Promo attaches great importance to the protection of your personal data. In this privacy statement, we explain which personal data we process, why we do so and what rights you have.
1. Who processes your personal data?
The data controller is CB Sport nv - CB Promo. If you have any questions about the processing of your personal data or about exercising your rights, you can contact us.
CB Sport nv - CB Promo
Heist-op-den-Berg, Belgium
Email:
verkoop@cbsport.be
2. What personal data do we process?
Depending on your contact with us, we may process, among other things, the following personal data:
- first and last name;
- company name and position;
- address and contact details;
- email address and telephone number;
- data you provide yourself via a contact or enquiry form;
- information about quotations, orders, projects and services provided;
- data required for invoicing and administration;
- correspondence and communications you have with us.
We only process personal data that is relevant to the purpose for which it is used.
3. What do we use your personal data for?
We may process your personal data for, among other things:
- responding to questions and enquiries;
- preparing and following up quotations;
- processing orders and assignments;
- communicating about ongoing or previous projects;
- invoicing and administrative obligations;
- maintaining our customer and supplier relationships;
- improving our services and communications;
- informing you about our products and services where permitted.
4. On what basis do we process your data?
Depending on the situation, we process personal data because this:
- is necessary for the performance of a contract or for taking steps at your request prior to entering into a contract;
- is necessary to comply with a legal obligation;
- is based on a legitimate interest of CB Sport nv - CB Promo, taking into account your interests and fundamental rights;
- is based on your consent where consent is required.
Where processing is based on consent, you may withdraw your consent at any time. This does not affect the lawfulness of processing carried out before the withdrawal.
5. Direct marketing
Where legally permitted, we may inform existing customers or business contacts about our products, services, projects or other relevant information. You always have the right to object to the use of your personal data for direct marketing. You can easily do so by sending us a message at verkoop@cbsport.be. After your objection, we will no longer use your personal data for direct marketing.
6. Who do we share your personal data with?
We do not sell your personal data. Where necessary for the provision of our services or to comply with legal obligations, personal data may be processed by service providers who perform certain activities on our behalf, for example in the areas of IT, hosting, communications, administration or accounting. These parties only have access to the data necessary for their assignment and process it in accordance with applicable legal requirements.
7. How long do we retain your personal data?
We do not retain personal data for longer than necessary for the purpose for which it is processed. Certain data must be retained for a certain period to comply with legal or administrative obligations, for example in relation to accounting and taxation. When data is no longer required and there is no longer a legal retention obligation, it will be deleted or appropriately anonymised.
8. Your rights
Subject to the conditions of applicable data protection legislation, you have, among others, the right to:
- request access to your personal data;
- have inaccurate personal data corrected;
- under certain circumstances, have your personal data deleted;
- under certain circumstances, have processing restricted;
- object to certain processing activities, including direct marketing;
- receive your personal data in a structured, commonly used and machine-readable format where the right to data portability applies;
- withdraw previously given consent.
To exercise any of these rights, you can contact us at verkoop@cbsport.be. We may ask you to provide sufficient information to verify your identity and prevent personal data from being disclosed to an unauthorised person.
9. Complaint
If you have a question or complaint about how we handle your personal data, you can first contact us. We will try to address your question or issue as quickly as possible. You also always have the right to lodge a complaint with the competent data protection supervisory authority. In Belgium, this is the Data Protection Authority (DPA).
10. Changes
CB Sport nv - CB Promo may amend this privacy statement when our services, working methods or applicable regulations change. The most recent version is always available on our website.