General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the buyer can exercise their right of withdrawal;
- Buyer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the seller;
- Day: calendar day;
- Durable data carrier: any means that enables the buyer or seller to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the possibility for the buyer to withdraw from the distance contract within the cooling-off period;
- Seller: the natural or legal person who offers products and/or services remotely to buyers;
- Distance contract: an agreement whereby, within the framework of a system organised by the seller for the remote sale of products and/or services, up to and including the conclusion of the agreement, only one or more communication techniques are used for remote communication;
- Technique for remote communication: means that can be used for concluding an agreement, without the buyer and seller being simultaneously in the same room.
- General Terms and Conditions: the present General Terms and Conditions of the seller.
Article 2 – Identity of the seller
SEOboost BV
Mussestraat 16
8553 Otegem
Belgium
0473-27 32 43
info@nanoglans.com
VAT number: BE 0686.853.238
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the seller and to every concluded distance contract and orders between the seller and the buyer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected at the seller's premises and that they will be sent free of charge as soon as possible at the buyer's request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the buyer electronically in such a way that the buyer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in any other way at the buyer's request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the buyer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.
- If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement by a provision that approximates the intent of the original as much as possible.
- Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The seller is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the buyer.
- All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. The seller cannot guarantee that the displayed colors exactly match the real colors of the products.
- Every offer contains such information that it is clear to the buyer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what actions are required for this;
- the method of payment, delivery, and execution of the agreement;
- the term for acceptance of the offer, or the term within which the seller guarantees the price;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the buyer;
- the way in which the buyer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it;
Article 5 – The agreement
- Subject to the provisions in paragraph 4, the agreement is concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the conditions set therein.
- If the buyer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the buyer can dissolve the agreement.
- Agreements are only concluded after an order or other assignment has been assessed by the seller for feasibility. The seller has the right, stating reasons, not to accept orders or assignments or to accept them only on the condition that shipment takes place on cash on delivery or after prepayment, in which case the buyer will be informed accordingly.
- If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the buyer can pay electronically, the seller will observe appropriate security measures.
- The seller can - within legal frameworks - inform themselves whether the buyer can meet their payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If the seller has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The seller will send the following information with the product or service to the buyer, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier:
a. the visiting address of the seller's establishment where the buyer can go with complaints;
b. the conditions under which and the way in which the buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the seller has already provided this data to the buyer before the execution of the agreement; - Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
- When purchasing products, the buyer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the buyer or a representative designated by the buyer and made known to the seller in advance.
- During the cooling-off period, the buyer will handle the product and its 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 accessories supplied and - if reasonably possible - in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
- If the buyer wishes to exercise his right of withdrawal, he is obliged to make this known to the seller within 30 days of receiving the product. After the buyer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The buyer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
- If the customer has not made known his intention to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the seller, the purchase is a fact.
Article 7 – Costs in case of withdrawal
- If the buyer exercises his right of withdrawal, the costs of return shipment will be borne by him.
- If the buyer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the buyer, unless the buyer explicitly gives permission for another payment method.
- In case of damage to the product due to careless handling by the buyer himself, the buyer is liable for any depreciation of the product.
- In the event of (partial) consumption of a consumable product, the buyer is liable for any depreciation of the product.
Article 8 – Exclusion of right of withdrawal
- The seller can exclude the buyer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the seller in accordance with the buyer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. of which the buyer has broken the seal.
Article 9 – The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the seller may offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the seller has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the buyer has the right to cancel the agreement with effect from the day on which the price increase takes effect. - The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
- The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the seller also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the seller, manufacturer or importer does not detract from the legal rights and claims that the buyer can assert against the seller on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the seller in writing within 2 weeks after delivery. Products must be returned in their original packaging and in new condition.
- The seller's warranty period corresponds to the factory warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the seller and/or on the packaging;
- The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
- The seller will observe the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
- The place of delivery is the address that the buyer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the buyer will be notified of this no later than 30 days after placing the order. In that case, the buyer has the right to dissolve the agreement without costs. The buyer has no right to compensation.
- All delivery times are indicative. The buyer cannot derive any rights from any stated terms. Exceeding a term does not entitle the buyer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount paid by the buyer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the seller will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the seller.
- The risk of damage and/or loss of products rests with the seller until the moment of delivery to the buyer or a representative previously designated and made known to the seller, unless expressly agreed otherwise.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the buyer must be paid within 14 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1.
- The buyer has the duty to immediately report inaccuracies in provided or stated payment details to the seller.
- In case of non-payment by the buyer, the seller has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the buyer.
Article 13 - Complaints procedure
- The seller has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the seller within 7 days, fully and clearly described, after the buyer has discovered the defects.
- Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within the 14-day period with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed answer.
- In case of complaints, a buyer must first contact the seller. It is also possible to report complaints via the European ODR platform (https://ec.europa.eu/consumers/odr).
- A complaint does not suspend the obligations of the seller, unless the seller indicates otherwise in writing.
- Complaints never give the buyer the right to suspend their payments.
- If a complaint is found to be justified by the seller, the seller will, at its discretion, either replace or repair the delivered products free of charge.
Article 14 - Intellectual property rights
- Everything on this website, including but not limited to images, texts, photos, designs, icons, and illustrations, with the exception of everything already protected under an existing copyright or other intellectual property right, is the property of the seller and/or its owners or (business) partners.
- Prior written permission from the seller is required if you wish to reproduce, publish, change, upload, send (by mail), distribute, or otherwise make public anything from this website.
- The trademarks and logos used and displayed on this site are trademarks of the seller and others.
- Nothing on this site can be construed or interpreted as permission, implicitly or otherwise, as a license or right to use a trademark of or displayed on this site, without prior written permission from the owner of that trademark.
- Users may only view and/or download material from this site for personal, non-commercial private use. The seller will use all legal means to protect its intellectual property rights.
- All rights not explicitly granted to third parties in these terms and conditions are expressly reserved to the seller.
Article 15 - Disputes
- Agreements between the seller and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the buyer resides abroad.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the buyer and must be recorded in writing or in such a way that they can be stored by the buyer on a durable data carrier in an accessible manner.