Terms and conditions
Terms and conditions
The customer should always read the general terms and conditions before placing an online order. With each order, the customer is asked to explicitly confirm the general terms and conditions.
1. IDENTIFICATION OF THE SELLER
The Metaltis web store integrated into www.metaltis.com is operated by Metaltis BV (company number 0534.552.845.). Metaltis BVBA, hereafter called Metaltis, is located at:
Tel. 0032 (0)78 353 556
Fax 0032 (0) 52 49 93 93
2. GENERALITIES AND DEFINITIONS
The terms of sale apply to online sales by Metaltis to end users and this is on European territory. All other conditions are excluded. Metaltis may at any time amend these general terms and conditions of sale. On current contracts, however, the terms and conditions that were applicable at the time of the conclusion of the sale always remain applicable. Metaltis operates exclusively in Europe. Metaltis can only accept the order if the delivery address is in Europe. For the time being, the agreement can only be concluded in Dutch. The further exchange of data will also take place in Dutch. The client cannot invoke the fact that it does not have sufficient command of Dutch to invoke the inapplicability of one or more conditions. Any dispute is subject to Belgian law. Any dispute relating to the interpretation, execution, and dissolution of this contract falls within the exclusive jurisdiction of the Commercial Court of Dendermonde, Belgium.
3. ESTABLISHMENT OF ONLINE SALES
Only on receipt of the confirmation e-mail - on behalf of Metaltis - by the client is the sale concluded. Metaltis reserves the right, for safety and security reasons, to request additional information from the client and, failing this, to refuse the execution of the order.
4. TRANSFER OF OWNERSHIP
Notwithstanding article 1583 of the Belgian Civil Code, the sold, delivered, or installed goods remain the exclusive property of Metaltis until full payment of the invoice. Despite this retention of title, the risk of loss or damage passes to the client from the time the goods are taken possession of.
All prices are quoted with and without VAT included. All offers are valid if they are listed on the website. The prices indicated may change at any time. If an order is placed, the price applicable to this Internet sale will be the price in effect at the time of ordering. The normal delivery or shipping costs are indicated during the order process, considering the information provided by the customer about his delivery address. Metaltis always reserves the right to adjust transport costs.
To finalize the purchase, the customer must make a prepayment when ordering through online payment or bank transfer. In some cases, the client pays after delivery (this is not a standard payment option at Metaltis, this is only possible in consultation with Metaltis BV). Metaltis collaborates with online payment platforms that ensure secure payment over the internet. The order will only be processed by Metaltis upon receipt of payment (except in cases of payment after delivery). Orders paid after delivery must be settled within the agreed-upon term (14, 30, 45, or 60 days from the invoice date). After the due date, an initial free reminder will be sent via a durable medium. In the event of non-payment, an additional reminder fee of 7.50 EUR will be charged for each subsequent reminder, plus the prevailing postage costs at the time of dispatch. For the second reminder, a late interest and a fixed compensation will be added in accordance with Book XIX of the Economic Law Code as follows: Late interest in accordance with the law of August 2, 2002, concerning the combating of late payment in commercial transactions. A fixed compensation of:
- 20 EUR if the outstanding balance is less than or equal to 150 EUR;
- 30 EUR plus 10% of the outstanding amount in the range between 150.01 and 500 EUR if the outstanding balance is between 150.01 and 500 EUR;
- 65 EUR plus 5% of the outstanding amount in the range above 500 EUR, with a maximum of 2000 EUR if the outstanding balance exceeds 500 EUR.
7.1 Place of delivery or collection
When ordering, the customer can choose between:
- Delivery via a parcel service
- A pick-up at Metaltis in Hamme, Belgium
See article 8 of the terms and conditions.
The choice of delivery method is clearly stated in the confirmation email. Upon delivery of a package worth 200 euros or more, the customer is expected to sign for receipt of delivery. For safety and security, the courier service may request proof of identity, the confirmation email, or the customer's original invoice upon delivery.
7.2 Delivery period
For items that are in stock at the time of ordering, the probable delivery date is mentioned on the product page in the webshop. For items not in stock at the time of ordering, the customer may contact Metaltis to be informed of the probable delivery date. However, the delivery dates confirmed by Metaltis are not binding. If the delivery date needs to be changed, Metaltis will contact the customer to propose a new date.
8. DELIVERY BY COURIER SERVICE
The goods are delivered through an external transport service, on behalf of Metaltis. The shipping costs for the delivery are clearly indicated during the ordering process and are at the expense of the customer. Metaltis always reserves the right to adjust transport costs. Items are delivered to the specified address up to the front door (ground floor). The customer is responsible for any further (re)installation or possible assembly. The courier service may request proof of identity, the confirmation email, or the customer's original invoice upon delivery. The customer signs for receipt of delivery for packages worth 200 euros or more. The risk due to loss or damage passes, at the time of handing over the goods to the customer. If a re-delivery is necessary for the sake of the client, Metaltis reserves the right to charge the costs caused by this to the client.
9.1 Comments concerning orders
For complaints in connection with the order, the buyer can contact Metaltis at firstname.lastname@example.org or the contact form at www.metaltis.com.
9.2 Comments related to the delivery
Any complaint regarding visible damage to the packaging of the delivered goods must, to be considered, be formulated in writing on the accompanying documents at the time of delivery. Remarks about damage and defects to the delivered product must always be reported within 24 hours after delivery by e-mail to email@example.com.
9.3 Technical defects
In the event of a defect, the customer has the following options:
- Deliver the article to Metaltis BV in Hamme. The acceptance of the article by a Metaltis employee cannot be interpreted as a statement regarding the admissibility within the warranty conditions. The ruling regarding eligibility is provided to the customer within 5 working days via e-mail by Metaltis.
- The customer can return the article in question manually via courier service. By default, the shipping costs are carried by the customer. The customer is free to contact Metaltis at firstname.lastname@example.org and discuss shipping costs. In case of technical defects, the general and legal warranty conditions apply. See article 10.
10. WARRANTY PROVISIONS
10.1 Legal warranty for consumers
For consumers, the legal warranty applies depending on the type of article. The buyer can only contact Metaltis at email@example.com.
a) This warranty only covers a lack of conformity already existing at the time of delivery of the goods. Consequently excluded among others are:
- all direct or indirect damage after delivery caused to the article (e.g. by oxidation, shock fall, etc.);
- parts or fittings that require regular replacement, such as, for example, batteries, lamps, rubber parts, ... (unlimited list);
- defects due to fire, water damage, lightning, accidents, or natural disasters;
- defects caused by intentional, negligent or improper handling, poor maintenance, or abnormal use or use of the item contrary to the manufacturer's instructions;
- damage resulting from commercial, professional or collective use of the appliance.
- items that are custom made cannot be returned to Metaltis BV.
b) The non-conformity must be reported via email within two months of its detection.
c) The warranty is only valid if the customer appeals to the Metaltis after-sales service. If the customer appeals directly to a manufacturer other than Metaltis, all costs are at its expense. In the event of an intervention by a third party not designated by Metaltis, the warranty lapses.
d) The invoice represents the warranty title and must be kept by the client and presented in original. The warranty commences on the date of collection or delivery.
e) The warranty is not transferable. Thus, the warranty cannot be applied if the item changes ownership.
f) The general repair conditions apply to all repairs. These conditions and limitations are without prejudice to the relevant legal provisions.
11. RIGHT OF RENUNCIATION
This provision applies exclusively to Internet sales to consumers. In accordance with the Belgian law of April 6, 2010, the consumer has the right to notify the seller that he renounces the purchase, without payment of any penalty and without giving any reason, within 14 calendar days from the day following delivery of the product. This period must allow the customer to evaluate the purchased product "as in a shop window". Used, installed, damaged, or incomplete items will not be taken back. Under no circumstances will the following be taken back - installed, used, soiled, damaged, or incomplete articles - articles whose packaging (or part of it) has been opened in such a way that they can no longer be sold as new - articles that may pose a danger to public health after use - articles which by their nature cannot be returned.
11.2 Returns: practical modalities
The client wishing to exercise this right, in accordance with the law of April 6, 2010, must contact Metaltis within 14 calendar days by email: firstname.lastname@example.org. Moreover, within the same period of 14 calendar days, he must return the items in the original, undamaged, and original packaging, together with all accessories, the instructions for use, and the original invoice. Only Metaltis assesses whether the conditions for return are met and decides on reimbursement. Under no circumstances can the courier service or an unauthorized Metaltis employee accept the return or refund of the items.
a. Procedure returns for items delivered via courier service: The customer must, at his expense and under his responsibility, return the items via courier service to Metaltis, Zwaarveld 33, 2920 Hamme. The reference date is the date of delivery by the courier service of the article to the home or collection in a pickup point by the customer. If the conditions for returns have not been met, but the items were nevertheless returned to Metaltis, Metaltis reserves the right to charge all shipping and administrative costs incurred as a result to the customer.
b. Refund of the returned items Only when the conditions in this article are fully met, the goods can be taken back by Metaltis. In this case, the amount will be refunded to the customer's account.
12. PRIVACY STATEMENT
12.1 General Metaltis undertakes to ensure and protect the privacy of the client. Metaltis considers the data provided by the client, hereinafter referred to as "the data", as confidential information. The data includes: - the data expressly provided by the customer, either when registering, when using the website or when contacting Metaltis;
- the data not explicitly provided by the customer but collected automatically: his IP address, the browser type, and operating system of his computer, the number of visits, the pages visited, etc. The data may be used, after anonymization:
- to optimize the website - for the preparation of statistics and reports.
12.2 Data management.
The data is collected and processed only by Metaltis. Stop emails & newsletters. Metaltis offers the customer the possibility to receive emails and newsletters with information and promotions from Metaltis. The customer has at any time the possibility to stop the sending of these emails via their account. Review and improvement Through an account on the Metaltis website (My Metaltis), the customer can gain knowledge of its data and continuously improve or modify them online. Deletion The customer can delete all his data as a user of the Metaltis website. The customer has the option to delete the data at any time via his/her account. Upon deletion, all data will be deleted, and the customer will no longer receive e-mails.
The parties accept electronic proof (email).
These conditions are valid from May 1, 2012. Updated: 31 August 2023