GENERAL TERMS AND CONDITIONS OF SALE

1. These terms and conditions of sale apply to all current and future sales contracts with NV Floorpul, having its registered office at 8530 Harelbeke, Generaal Deprezstraat 10A and with company registration number RPR Gent department Kortrijk BE0433.167.455 (hereinafter referred to as ‘Floorpul’), as well as with any affiliated companies of Floorpul pursuant to article 11 of the Belgian Company Code.. As soon as the customer enters into a sales contract with Floorpul, he accepts the general terms and conditions as described in this document. The customer also acknowledges that only the general terms and conditions of Floorpul apply to sales contracts that can be concluded with Floorpul.
2. The general terms and conditions are always and exclusively applicable to all products and services offered by Floorpul, subject to an explicit deviation, which is the result of mutual agreement and laid down in writing. Floorpul reserves the right to amend and/or supplement the general terms and conditions.
3. ‘Content’ shall be understood to mean all products, texts, images, descriptions and other data specified on any communication on the part of Floorpul, including but not limited to, e-mails, websites or catalogues. Floorpul cannot guarantee that the content does not contain any errors or that the information is always up-to-date. The content of the different forms of communication of Floorpul is not binding and is merely meant for informative purposes. The settings of a computer screen may distort the colours of the displayed products. Floorpul is only bound by, relating to the access, the order process, the delivery or the other services, a best-efforts contract. 
4. Anyone who places an order, confirms to be legally competent. Floorpul undertakes to process the placed orders while stocks last and within the limitations specified in these terms and conditions. The order can only be processed if the customer has clearly identified himself. If the delivery would be planned later than 3 months, reckoning from the drafting of the order confirmation and the labour costs and/or prices of materials, raw materials and starting substances would be increased meanwhile, as well as in case of delivery postponement on the buyer’s request, for whatever reason it may be, the seller reserves the right to himself to adapt his prices to the day rate, which is applicable at the moment of the real delivery. This price adaptation cannot rise however to the cancellation of the order. Floorpul reserves the right to refuse orders in case of a serious suspicion of an abuse of rights or bad faith, serious suspicion of unacceptable commercial purposes for Floorpul or in case a particular article is out of stock. Floorpul and the customer explicitly agree that a valid sales contract can be concluded via electronic forms of communication. Placing an order implies a payment obligation. If the customer cancels a placed order or breaks a concluded contract, fixed damages to the amount of 20% of the amount of the order shall be owed.
5. All the invoices are to be paid in Harelbeke. All prices of products are specified in euros and are exclusive of 21% VAT. Transport and shipment costs, taxes and other levies are not included, unless specified otherwise or explicitly agreed in writing. Clear errors in the quote, such as evident inaccuracies, can also be corrected following conclusion of the contract by Floorpul. All quotes of Floorpul are free of obligations. Floorpul can change the prices at any time without prior notification.
(The prices shown on our web page are applicable on the day itself and are subject to change) 
6. Products are only delivered in the countries for which Floorpul accepts the order. Not all products present in our web page are available for all markets. Products shall be delivered within the time specified in the individual order confirmation as much as possible. Incorrectly specified delivery addresses are the customer's responsibility and may result in extra costs. The specified delivery times are not binding but are merely indicative. Floorpul has the right to make partial deliveries. In the event of non-delivery of the goods, any sums possibly paid by the customer are reimbursed without interest or damages. The delivery is at the customer's risk. Floorpul does not take any responsibility for late deliveries as a result of unexpected circumstances caused by third parties nor for loss, theft or damage during shipment by third parties. A delay in a delivery cannot give rise to termination of the purchase or payment of damages in favour of the customer, subject to deliberate delays. To the extent permitted by law, Floorpul is not liable for losses, costs, liability, damage, fines or expenses following a delay or failure of delivery.
7. If not yet paid electronically, all invoices are payable on the due date or in the absence of specification of a due date within 28 calendar days after the invoice date via transfer to account number. The invoices are considered to have been accepted in full in the absence of a registered protest within 7 calendar days upon receipt of the invoice. The invoice is considered to have been received 3 working days after the issue date. In the absence of prompt or full payment, an interest of 10% per annum will be owed by operation of law and without notice of default, from the due date of the invoice to the day of full payment. In the absence of payment, prompt payment or full payment, fixed damages shall also be owed to the amount of 10% of the invoice amount with a minimum of EUR 150. In case of late payment of an invoice, all other not debts of the customer that are not yet payable shall become due and payable immediately, by operation of law. In case of non-payment, Floorpul reserves the right to not proceed with the delivery of the products or to suspend all further deliveries. Floorpul also reserves the right to consider the agreement as wholly or partly dissolved by operation of law and without prior notice of default for its entirety or for the part not yet performed. 
8. Under the law of September 1st, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. Each product is subject to the legal guarantee of 2 years from the date of delivery to the first owner. Every commercial guarantee leaves these rights unabated. To make an appeal to the guarantee, the customer must be able to present the proof of purchase. Any defect must be reported within 1 month of its adoption. Afterwards, the right to repair or replacement lapses. The (commercial and / or legal) warranty never applies to defects arising as a result of accidents, neglect, falls, abnormal or incorrect use, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or changes to the article, crackdown or poor maintenance. It also does not apply to items with a shorter life span, or wear articles, or products with a limited use-by date. Defects that manifest themselves after a period of 6 months following the date of delivery are deemed to be no hidden defects, unless the customer proves otherwise. The guarantee is not transferable.
9. The delivered goods remain Floorpul's property until full payment of the selling price, increased with the costs and the interest. The customer is therefore prohibited to sell, lease, pledge, process, incorporate or in any other way alienate or encumber the goods, until full payment of the invoice, subject to an agreement to the contrary with Floorpul. In this case, the customer, following the performance of the action in question, transfers all debts arising from the action in question to Floorpul.
10. Floorpul is not liable for a delay in the execution or non-execution of any obligations due to events outside its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governments, supranational or local authorities), riots, disturbances, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercive measures of a competent authority, strikes and/or lockout, epidemic, fire, explosion, storm, floods, drought, weather conditions, earthquake, accident, mechanical defect, software of third parties, defects or problems with the public utilities, production interruptions, difficulties with supply or shortages or raw materials, labour, energy or transport or delays in transport, work interruptions or other collective work disputes, which either affect Floorpul, its suppliers, defects in the internet, the electricity grid, mail traffic or technology supplied by third parties, government measures and illness, even if these events could be foreseen.
11. Floorpul retains all intellectual property rights and derivative rights. Content, images, logos, drawings, photographs, data, product names, texts, etc. on the website or in catalogues and other printed works of Floorpul are protected by copyright and other (intellectual) rights of ownership and treaty provisions. 
12. When products are purchased, the customer explicitly agrees that his/her personal data can be used for administrative purposes, such as creating and updating a customer database, updating orders, shipments and invoices, and checking solvency. The information specified by the customer is necessary to process and complete the orders and the invoicing. Floorpul shall never transfer these personal data to third parties, unless explicitly requested by the legal authorities or when it is required by law to do so. The customer also has the right, free of charge, to oppose the processing of his/her personal data for direct marketing purposes. The customer has the right to view, change or remove his or her personal details. This is possible via info@floorpul.com.
13. The Customer undertakes to carefully check the products immediately upon receipt. Except as provided for in article 8, Floorpul's guarantee is restricted to the guarantee for hidden defects. Floorpul is solely responsible for damage that is the result of an intentional act or gross error. Floorpul is not liable for any general or special indirect damage whatsoever, suffered by the customer. Any problem or defect relating to the delivery of an article, damage or qualitative shortcoming must be notified in writing via registered letter to Floorpul. Complaints must, to be admissible, be sent to Floorpul: (a) in the event of a complaint due to a non-conforming delivery, 5 days after the delivery and (b) in the event of hidden defects, 5 days after discovery of the defect or following the moment when such discovery should have been made in all reasonableness. Floorpul undertakes to respond to the complaint within a period of 14 calendar days after written receipt. An article with an accepted defect is replaced or repaired free of charge.
14. All offers and agreements are governed exclusively by Belgian law. In case of a dispute, only the courts and tribunals of the judicial district Kortrijk have jurisdiction.