General Terms and Conditions
Table of Contents:
Article 1 - Identity of the Entrepreneur
Article 2 - Applicability
Article 3 - The Offer
Article 4 - The Agreement
Article 5 - Right of Withdrawal
Article 6 - Costs in Case of Withdrawal
Article 7 - Exclusion of the Right of Withdrawal
Article 8 - The Price
Article 9 - Conformity and Warranty
Article 10 - Delivery and Execution
Article 11 - Payment
Article 12 - Complaints Procedure
Article 13 - Disputes
Article 14 - Privacy
Article 1 Identity of the Entrepreneur
Pimp my pool BV
Sneppestraat 32
8860 Lendelede
VAT and Company Number: BE 0759.525.440
Bank Account Number: BE68736077626134
The consumer can contact the entrepreneur via the contact form on the website www.pimpmypool.be under the contact section or viasupport@pimpmypool.be
Article 2 Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, it is indicated where the consumer can electronically access the general terms and conditions and is asked to approve the general terms and conditions.
Article 3 The Offer
1. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered.
3. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
4. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
5. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:
- the price including VAT;
- any shipping costs;
- the method of payment, delivery, and execution of the agreement;
- the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
Article 4 The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
2. The entrepreneur confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment.
4. The entrepreneur observes appropriate safety measures to allow the consumer to pay securely online.
5. The entrepreneur will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the contact address of the entrepreneur where the consumer can go for complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
6. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 Right of Withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer via email to the entrepreneur at the email address support@pimpmypool.be
4. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer will receive a return label.
5. The consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of shipment.
6. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiration of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 6 Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs for the return shipment are the responsibility of the consumer.
2. For returns within the standard shipping format, this cost is €6 (this amount is lower than the actual cost of the return shipment).
3. For products that fall outside the standard shipping format due to their dimensions or weight, the actual return cost will be charged. 4. This cost is determined based on the rate of the carrier used by the entrepreneur.
5. The entrepreneur will refund the amount paid by the consumer, minus the applicable return cost, as soon as possible, but no later than 14 days after cancellation.
6. Refunds occur after the product has been received by the entrepreneur, or after the consumer has provided conclusive proof of complete return shipment. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
7. If the product is damaged or shows clear signs of use that go beyond what is necessary to establish the nature, characteristics, and functioning of the product, the consumer is liable for any reduction in value of the product.
Article 7 Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
2. For example: The Pimp my pool pool covers are custom-made according to the specifications of the consumer. In this respect, the exclusion of the right of withdrawal applies to the Pimp my pool pool covers.
Article 8 The price
1. The prices mentioned in the offer of products or services are inclusive of VAT.
2. Any shipping costs will be stated before the conclusion of the agreement.
3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement is concluded.
2. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur at the email address support@pimpmypool.be within 2 months of delivery. Returns of the products must be made in the original packaging and in new condition.
3. The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or are treated as indicated on the packaging.
Article 10 Delivery and Execution
1. The entrepreneur will exercise the utmost care in receiving and executing orders for products.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after cancellation.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 11 Payment
1. The consumer chooses the payment method on the checkout page during the online order.
Article 12 Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 2 months after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. In case of complaints, the consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). This is an internet platform established by the European Commission aimed at resolving disputes arising from e-commerce outside of court.
Article 13 Disputes
1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
Article 14 Privacy
1. The processing of data is carried out in accordance with applicable legislation. More information can be found by the consumer under the privacy policy section onwww.pimpmypool.be