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Our general terms and conditions of sale

BEM'S SA

Avenue Zénobe Gramme, 19

1300 Wavre (Walloon Brabant) Belgium

VAT : BE0450.159.578

Tel: +32(0)10.24.85.85 - [email protected]

 
 

COOKIE POLICY

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PROTECTION OF PERSONAL DATA

The data collected within the framework of an online sale is required to take into account your delivery.
This information is only intended for BEMS SA, responsible for the processing, for the management of your order and for the delivery of your products.
In accordance with the European law on the protection of private data, you have the right to access, modify, rectify and delete data concerning you. If you wish to exercise this right, you can write to the consumer service of BEMS SA 19, avenue Zénobe Gramme, 1300 Wavre Belgium, or send an e-mail to [email protected]

Article 1 - application

1.1 These General Terms and Conditions apply to all orders placed with us, including for ancillary services.
1.2. these general terms and conditions of business shall apply exclusively, to the exclusion of any general or special terms and conditions of the purchaser which we have not expressly accepted in writing.

Article 2 - offer and order

2.1. Unless otherwise agreed, our offers are valid for 1 month.
2.2 Any order shall only be binding on us if we have accepted it in writing.
2.3 Orders negotiated by our agents or representatives are only binding on us after written acceptance by us.
2.4 Any order accepted by our company is firm and definitive. It cannot be cancelled unilaterally by the customer.
2.5 Goods ordered by a customer will not be reserved until full payment has been made or a credit line sufficient to cover the price has been established. A credit line may, at our company's sole discretion, be granted to customers whose total orders exceed €3,000.00 per month for 3 consecutive months. The credit line may be withdrawn immediately and without prior notice if the total number of orders is no longer reached. If payment is not received or a credit line is not established within 72 hours of the order being placed, the goods ordered will be returned to our company, which may allocate them to another customer.
2.6 We reserve the right to refuse to accept an order and/or to permanently exclude a customer for good cause (such as repeated late payment, etc.) without prior notice. The just cause justifying the refusal of an order or the exclusion of a customer will be communicated to the customer on request, within fifteen days of receipt.
2.7. Nous nous réservons le droit de réaffecter tout ou partie des marchandises présentes dans votre dispatch dès lors qu’elles y sont bloquées depuis plus de 15 jours, notamment en cas de forte demande de la part d'autres clients.

Article 3 - prices

3.1 Our prices are in EUR, excluding VAT. Any increase in VAT or any new tax that may be imposed between the time of the order and the time of delivery shall be borne by the purchaser.
3.2. unless otherwise agreed, our prices are for collection at our premises in Wavre, avenue Zénobe Gramme, 19, Wavre. If we take care of the transport or its organisation, we will invoice the transport costs to the buyer.
3.3 when an order reaches a certain threshold, determined by us, the delivery costs are free of charge (carriage paid). Reaching this threshold does not affect the delivery time (see article 6 of these general conditions).
3.4. orders which do not reach the threshold set by our company to benefit from carriage paid will be subject to a surcharge, in addition to the delivery costs, of a flat-rate sum of €20.00 to cover administrative costs.
3.5 Our prices only cover the supply of the goods described in the special conditions, to the exclusion of all other work and services, and in particular installation. If these are ordered by the purchaser, they will be invoiced to him in addition to the price stipulated in our special conditions.

Article 4 - Payment

4.1 Unless otherwise agreed, our invoices are payable at our registered office, in cash, prior to any collection/delivery of goods.
4.2. Any complaint relating to one of our invoices must be sent to us in writing within 15 calendar days of receipt at the latest. Failing this, the purchaser will no longer be able to contest this invoice.
4.3. In the event of non-payment of an invoice on the due date, payment in full of the purchaser's invoices shall become immediately due and payable.
4.4. Any invoice not paid on the due date shall automatically and without notice of default bear interest of 1 % p per month.
4.5. Any invoice unpaid on the due date will, moreover, be increased by right and without notice of default, by a fixed compensation of 10 % d of the amount remaining unpaid by way of damages, with a minimum of € 50.00.

Article 5 - Arrangements for removal/delivery

5.1. the terms and conditions of collection/delivery of the goods are specified at the time of the order.
5.2. the purchaser shall bear all risks relating to the goods sold as soon as they leave our premises, in particular those relating to transport, even if we take care of the transport or its organisation.
5.3 If no delivery is planned, the buyer must come and take possession of the goods sold in our premises within 5 calendar days at the latest from the dispatch of a notice informing him that the goods are at his disposal.

Article 6 - delivery times

The delivery times mentioned are purely indicative and not binding on our company.
Circumstances beyond our control, such as a health crisis, may result in longer order processing and delivery times.
The customer will only be able to cancel his order if the deadline given as an indication is exceeded by more than 6 months.
The customer has no right to compensation if the indicative delivery time mentioned is exceeded.

Article 7 - reservation of ownership

The goods delivered remain our property until full payment of the price, even in the event of transformation or incorporation of these goods into other goods.

Article 8 - Approval

The goods shall be deemed to be approved by the buyer 48 hours at the latest after delivery, unless the buyer notifies us of a precise and detailed complaint before the expiry of this period by registered letter. The approval will cover all apparent defects, i.e. all those which it was possible for the buyer to detect at the time of delivery or within 48 hours afterwards by means of a careful and serious inspection, in particular those relating to the characteristics and functioning of the goods.

Article 9 - guarantee

9.1. The warranty period is identical to that of our own suppliers.
9.2 The guarantee may be activated only if the following conditions are met : - the defect renders the goods to a significant extent unfit for the use for which they are normally intended or for a special purpose expressly mentioned in the special conditions of sale; - the goods have been properly installed; - the goods are used under normal conditions; the guarantee shall not apply in particular in the event of use of the goods under abnormal or special conditions which have not been expressly mentioned in the special conditions of sale, in the event of poor maintenance, modification, dismantling or repair by a person who is not professionally qualified.
9.3. In order to invoke the benefit of the warranty on a figurine, the purchaser must notify us of any claim relating to hidden defects by email ([email protected]) or registered letter within a maximum period of one month after delivery.
9.4. our warranty is limited, at our discretion, to the free repair (parts and labour) or replacement of the defective goods, to the exclusion of rescission of the sale or damages. The buyer shall return the defective goods to our premises at his own expense and risk for repair or replacement. We shall bear the costs of returning the goods to our suppliers and the costs of returning the goods to the buyer if the goods to which the guarantee applies prove to be defective.
9.5. Natural wear and tear is excluded from the warranty.

Article 10 - limitation of liability

From the time of collection/delivery, we shall no longer assume any liability other than that provided for in Articles 8 and 9. Consequently, we shall not be liable for any damages for accidents to persons, damage to property distinct from the goods sold, loss of profit or any other prejudice resulting directly or indirectly from defects in the goods.

Article 11 - Resolution of the sale

We shall be entitled to cancel the sale, by operation of law, by notifying the purchaser of our will by registered letter, in the event of serious non-performance by the purchaser of one of his contractual obligations, in particular if he fails to take delivery of the appliance within the period set for him under Article 5.3, if he is in arrears with the payment of an invoice for more than 30 calendar days, or if it turns out that he will not perform or seriously risks not performing one of his main obligations, even before this obligation becomes due. In the event of cancellation of the sale pursuant to the above paragraph, the buyer shall owe us damages fixed at a flat rate of 40 % d of the sale price.

Article 12 - Administrative costs

Customers who do not reach the free port will be charged a €20 administration fee in addition to the actual transport costs.

Article 13 - Cancellation

Orders are firm and final.
No cancellations of orders (deliverable and non-deliverable) are accepted.

Article 14 - Jurisdiction

Any dispute directly or indirectly relating to our contractual relations with the buyer is the exclusive competence of the Courts and Tribunals of our registered office.
For export, in case of dispute, the courts of the buyer's domicile, at the seller's choice, shall have exclusive jurisdiction.

Article 15 - Applicable law

Our contractual relations with the buyer are governed by Belgian law.

Article 16 - Closing an account

Bem’s reserves the right to close an account if turnover over the last 6 months is less than €5,000.

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