General terms and conditions Webshop
Below you will find our General Terms and Conditions applicable to B2B transactions. These are always applicable when you use or place an order through our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later date.
Article 1. Definitions
1.1. Goodmark Europe NV: established in Kuurne, Industrielaan 15 in Belgium and registered in the Register of Legal Entities in Kortrijk with company number 0864276631, acting under the name Goodmark Europe NV.
1.2. Website: the website of Goodmark Europe NV, to be consulted via www.goodmarkgroup.com and all its subdomains.
1.3. Customer: the customer who enters into an Agreement with Goodmark Europe SA/NV and has registered on the Website by completing an account registration form. Goodmark Europe SA reserves the right to refuse an account application. No complaints can be made to Goodmark Europe SA/NV or to any other body against this.
1.4. Agreement: any arrangement or agreement between Goodmark Europe SA/NV and Customer, of which the Terms and Conditions form an integral part.
1.5. General Conditions: these General Conditions.
Article 2. Applicability of the General Conditions
2.1. All offers, agreements and deliveries of Goodmark Europe NV are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2.2. If the Customer includes in its order, confirmation or communication terms or conditions which differ from or do not appear in the General Conditions, these will only be binding on Goodmark Europe NV if and to the extent that they have been expressly accepted by Goodmark Europe NV in writing.
2.3. The applicability of general terms and conditions other than these General Terms and Conditions, whatever such other general terms and conditions may be called and in whatever form, is expressly excluded. This includes terms and conditions of purchase and other general terms and conditions of the Customer. As soon as the Customer accepts an offer from Goodmark Europe NV and/or an agreement between the Customer and Goodmark Europe NV is concluded, as soon as the Customer accepts any delivery and/or services made by or on behalf of Goodmark Europe NV, the Customer unconditionally accepts that these terms and conditions will apply. Furthermore, the Customer accepts that the applicability of other terms and conditions as referred to in this article is excluded. In addition, the Customer waives the applicability of other general terms and conditions to the extent relevant.
2.4. If specific product or service conditions apply in addition to these General Terms and Conditions, these conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favourable to him.
Article 3. Prices and information
3.1. All prices shown on the Website and in other materials originating from Goodmark Europe SA/NV are exclusive of VAT and, unless otherwise stated on the Website, other government levies.
3.2. Shipping and other additional costs are shown separately in the ordering process. Shipping costs will be settled on the basis of an outer box that is not fully filled (60cmx40cmx40cm). For every order of 400.00 euro or higher, this rule will no longer apply and no further surcharge will be charged.
3.3. The content of the Website has been compiled with the utmost care. However, Goodmark Europe NV cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Goodmark Europe SA are therefo
re subject to obvious programming and typing errors. 3.4. Goodmark Europe SA cannot be held responsible for (colour) deviations as a result of screen quality.
3.5. The prices stated on the Website are understood to mean only a cash payment, the procedure for which is offered each time the order is completed and before leaving our Website. Without a valid payment transaction for an order, that order will automatically be cancelled.
Article 4. Realisation of the Agreement
4.1. The Agreement is entered into upon payment by the Customer of the offer made by Goodmark Europe NV and its compliance with the conditions set by Goodmark Europe NV.
4.2. Goodmark Europe SA/NV electronically confirms receipt of acceptance of an order by returning a corresponding invoice for that order.
4.3. If it appears that incorrect information was provided by the Customer when the Agreement was accepted or otherwise entered into, Goodmark Europe NV is entitled to fulfil its obligation only after the correct information has been received.
Article 5. Registration
5.1. In order to make optimal use of the Website, the Customer must first fill in an account registration form in full on the Website, and then send it back by clicking on the send button.
5.2. During the registration process, the Customer chooses a username and password which he can use to log on to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
5.3. The Customer must keep his login details, user name and password strictly confidential. Goodmark Europe SA/NV shall not be liable for any misuse of the login details and may at any time assume that a Customer who logs on to the Website is in fact that Customer. Anything that happens via the Customer’s account is the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorised persons, he must change his password and/or notify Goodmark Europe NV as soon as possible so that Goodmark Europe NV can take appropriate action.
5.5. Goodmark Europe SA/NV may, within the framework of the law, obtain information about the Customer’s ability to fulfil its payment obligations, as well as about all facts and factors relevant to the responsible entering into of the Agreement. If, as a result of this investigation, Goodmark Europe NV has reasonable grounds not to enter into the registration, it is entitled to refuse the application with reasons.
Article 6. Execution of the Agreement
6.1. As soon as payment for an order has been received by Goodmark Europe NV, Goodmark Europe NV will ship the products as soon as possible in accordance with the provisions of paragraph 3 of this Article.
6.2. Goodmark Europe SA has the right to engage third parties in the performance of the obligations arising from the Agreement.
6.3. The delivery period is in principle 4 working days after receipt of payment for the order. The method of delivery can take place in different ways and is at the discretion of Goodmark Europe NV.
6.4. The Customer is obliged to enable Goodmark Europe NV to deliver the ordered products to it in accordance with the delivery instructions given by the Customer on its account registration form.
6.5. Delivery process:
– If the 1st attempt to deliver fails, a message will be left behind and a 2nd attempt to deliver will be made free of charge.
– If the 2nd attempt at delivery is unsuccessful, an “undeliverable parcel” will be created and Goodmark Europe NV is entitled to sell the goods to third parties.
– With a multi-parcel delivery, there is no guarantee on a non-split delivery.
– an online proof of delivery (POD) is made available
6.6. The described delivery process is only valid for the following countries: Belgium, Netherlands, Luxembourg, Germany, France, Spain, Portugal. The B2B portal does not currently provide for deliveries to other countries.
6.7. France: Deliveries to the DOM TOM: the terms and conditions of delivery described in these General Terms and Conditions apply solely to all deliveries to a transitory operator based in mainland France, as described by the Customer as the delivery address on his account registration form. An administrative fee of 50.00 euro will be charged for each transitory delivery!
6.8. Goodmark Europe NV advises the Customer to inspect the products delivered and to report any defects found within a reasonable period of time, and only in writing. Please refer to the Article about warranty and conformity.
6.9. As soon as the delivery of the products to be delivered has been executed, the risk in respect of these products is transferred to the Customer. Our standard delivery terms are DDP (Delivery Duty Paid) for countries stated in articles 6.6 and 6.7
6.10. Force majeure
Neither party shall be in default of performance of its contractual obligations if their performance is delayed, hindered or impeded by unforeseeable force majeure. Any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties despite all reasonable efforts, shall be regarded as force majeure. The party affected by such circumstances shall notify the other party within five working days of the date on which it became aware of them. These terms and conditions allow Goodmark Europe NV to deliver the goods as soon as possible. Expressly considered as force majeure or accidental events, in addition to those normally dealt with by the jurisprudence of the Belgian courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning strikes, disconnection of telecommunication networks or difficulties specific to telecommunication networks beyond the borders of the customer.
Article 7. Payment
7.1. Customer shall make payments to Goodmark Europe NV in accordance with the payment methods specified in the order process and on the Website. Goodmark Europe NV is free to choose the payment methods it offers and these may change from time to time.
Article 8. Warranty
8.1. Goodmark Europe AG warrants that the products will comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Goodmark Europe SA/NV also warrants that the product is suitable for use other than normal. Otherwise, the product is only suitable for normal use.
8.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must inform Goodmark Europe NV of this within 2 days after delivery. If the Customer does not do so, he can no longer claim to have the product repaired, replaced, etc., if the product has been delivered defective.
8.3. If Goodmark Europe NV considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 9. Complaints procedure
9.1. If the Customer has a complaint about a product (in accordance with the Warranty and Conformity Clause) and/or other aspects of Goodmark Europe NV’s service, he may submit a complaint to Goodmark Europe NV by e-mail or by post. Please refer to the contact details at the bottom of the Terms and Conditions.
9.2. Goodmark Europe NV will respond to the Customer’s complaint as soon as possible, but in any event within 5 working days of receipt of the complaint. If it is not yet possible to give a substantive or final response, Goodmark Europe AG will, within 5 working days of receipt of the complaint, confirm the complaint and give an indication of the period within which it expects to give a substantive or final response to the complaint from the Customer.
Article 10. Liability
10.1. Goodmark Europe NV’s total liability to the Customer for attributable failure to perform the Agreement shall be limited to compensation up to the amount of the price (excluding VAT) stipulated for that Agreement.
10.2. Goodmark Europe AG’s liability to the Customer for indirect damages, including but not limited to consequential damages, lost profits, lost savings, loss of data and damages due to business interruption, is excluded.
10.3. Except as provided in the previous two paragraphs of this Article, Goodmark Europe NV shall not be liable to the Customer for any damages, regardless of the grounds on which any action for damages would be based. However, the limitations set out in this Article shall cease to apply if and to the extent that any damage is the result of intent or gross negligence on the part of Goodmark Europe NV.
10.4. Goodmark Europe NV’s liability to the Customer for attributable failure to perform an Agreement will only arise if the Customer immediately and properly notifies Goodmark Europe NV in writing, setting a reasonable period for remedying the failure, and Goodmark Europe NV continues to fail to perform its obligations even after that period. The notice of default must contain as detailed a description as possible of the failure so that Goodmark Europe NV is in a position to respond adequately.
10.5. For any right to compensation to arise, it is always a condition that the Customer notifies Goodmark Europe NV in writing of the damage as soon as possible, but no later than 10 days after it arose.
10.6. In the event of force majeure, see article 6.10., Goodmark Europe NV is not obliged to pay compensation for any damage caused to the Customer as a result.
Article 11. Personal data
11.1. Goodmark Europe NV will process Customer’s personal data in accordance with the privacy statement published on the Website.
Article 12. Final provisions
12.1. The Agreement is governed by Belgian law.
12.2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes arising from the Agreement will be submitted to the competent Belgian court in the district where Goodmark Europe NV has its registered office.
12.3. If any provision of these General Conditions is found to be null and void, this does not affect the validity of the entire General Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as is legally possible.
12.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail have been sufficiently established.
12.5. Goodmark Europe NV has the right to amend the General Conditions, which amendments apply to existing agreements. Goodmark Europe SA will do so in accordance with the reasonable interests of the Customer. Changes will take effect one month after they are announced.
12.6. This text, as well as all other texts on this Website, were originally drafted in Dutch. Translations into any other language must be understood in the context of customer-friendliness but can never be regarded as binding. In case of deviations or contradictions, only the text in Dutch is binding!
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Goodmark Europe NV
Avenue de l’industrie 15
8520, Kuurne, Belgium
Register of legal entities in Kortrijk with company number 0864276631
VAT number: BE 0864 276 631