General terms and conditions
These general terms and conditions apply to all our offers, sales agreements, assignments and resulting deliveries. Applicability of general terms and conditions used by the buyer is expressly rejected. Deviations from these general terms and conditions only bind us if we have confirmed these deviations in writing. The buyer will not be able to derive any rights for future transactions from any agreed deviations. The Dutch text of the general terms and conditions is the original text and takes precedence over translations of these general terms and conditions. ‘Written’ in these terms and conditions is understood to mean ‘by letter, by fax or by electronic means’.
2. Intellectual and legal property rights
Timstor Nv retains all intellectual property rights for the data contained in its offers and agreements, as well as in the models, samples, drawings, images and usage instructions provided by it. Timstor Nv is not liable for infringements of the rights of intellectual property of third parties, which may be committed in connection with the execution of an agreement between Timstor Nv and the buyer. The buyer is obliged to indemnify us against claims of third parties in connection with the infringement of intellectual property rights committed in connection with the execution of the agreement with us. The goods delivered remain the legal property of the seller as long as the buyer has not fully paid the purchase price owed to the seller. Timstor Nv reserves the right to recover the goods when the buyer does not fulfil his or her obligations within the agreed time limit.
3. Deviations in data
Timstor Nv is not responsible for any minor deviations in actual numbers, types, sizes, quantities, colours, images or other details and those provided by it, unless these entail a substantial change in the technical and/or aesthetic aspects. The buyer will be obliged to accept the delivered goods. Timstor Nv is not liable for any damage resulting from such minor deviations. Deviations of less than 10% (ten percent) will in all cases be deemed to be minor.
Should the buyer, by his or her actions, fail to pay and accept the goods within 2 (two) months after the agreed delivery date, Timstor Nv may, subject to a written notice of default, proceed to enforce or suspend the agreement. Timstor Nv reserves the right to suspend a delivery without any compensation to the buyer in the event of non-payment on the due date of another delivery to the same buyer. Once the goods have been delivered, the buyer bears all risks and the costs of storage. This includes all cases of force majeure and destruction.
All our invoices are payable at 30 (thirty) days after the date of invoice unless otherwise stipulated on the front of the invoice. Any amount that remains unpaid on the due date will automatically and without notice of default have an interest calculated on the basis of the Belgian legal interest rate, plus 2% (two percent), with a minimum interest rate of 12% (twelve percent) per annum. In case of non-payment on the due date, the amount of the invoice will be increased automatically and without notice of default by 10% (ten percent) with a minimum of € 125 (one hundred and twenty five). Only the courts of the district of Turnhout (Belgium) are competent in cases of litigation, which may be instigated between the buyer and Timstor Nv.
The buyer is obliged to check on delivery whether the goods correspond to the agreement. The buyer is obliged to inform us in writing of defects or deficiencies within 14 (fourteen) days of delivery. In case of a B2B delivery, complaints about goods should be submitted to us no later than 31 January of the year following the year of dispatch of the goods. All complaints must be submitted by the buyer stating our order number and/or our packing slip number. Complaints about invoices should also be submitted in writing, within 8 (eight) days of the invoice date, to the address of Timstor Nv. In the absence of such timely submission of complaints, any claim against Timstor Nv shall lapse. Any return of goods is only possible if they are in original condition and in undamaged packaging. Items that do not come from us or bear stickers other than those applied by us are not eligible for return. Return shipments must at any time be requested in writing to firstname.lastname@example.org. Only return requests that have been submitted through via email@example.com will be processed by us. Complaints do not relieve the buyer of his or her obligation to make payment on the due date. Our general rules regarding complaints are available to the buyer. Only the courts of the district of Antwerp (Belgium), division of Turnhout, are competent in cases of litigation, which may be instigated between the buyer and Timstor Nv.
7. Failure to comply
Should the buyer fall short in any way in complying with any obligation towards us, we shall be entitled to terminate the agreement(s), partially or totally, after prior notice of default, with immediate effect, or to suspend the (further) execution of the agreement(s), without prejudice to our other rights and with no obligation for compensation. Timstor Nv reserves the right to consider the agreement terminated automatically and without prior notice of default or compensation in the event of bankruptcy, application of the Belgian Continuity of Enterprises Act (Wet Continuïteit Ondernemingen or WCO) if the buyer hasn’t confirmed the continuation of the agreement within 10 (ten) calendar days of a reminder having been sent out by registered letter, cessation of payments or any other circumstances which may cause Timstor Nv to have reasonable doubts as to the solvency of the buyer. In these cases, all outstanding invoices are immediately payable.
Cancellation of an assignment by the buyer is possible up to 1 (one) month after payment of the advance. If the buyer cancels an order, partially or totally, as a result of any cause whatsoever, we may charge any costs reasonably incurred (including costs of preparation, parts, storage, etc.) in order to execute the assignment, without prejudice to our right to claim compensation for loss of profits and other damages. Cancellation charges are also payable by the buyer in case of cancellation. These amount to 10% (ten percent) of the order amount for work already carried out by us, plus VAT (if applicable).
9. Charges for summons
10. Force majeure
In the event of force majeure, we have the right to suspend the execution of the agreement until the end of the period of force majeure or to terminate the agreement, partially or totally, without judicial intervention and without being obliged to pay any compensation. ‘Force majeure’ is understood to mean all that is reasonably beyond the direct influence of us, including but not limited to : strikes, lockouts, blockades, riots, disturbance of the peace, energy shortages, interruptions to energy supplies, transport bans, fire, industrial accidents, war or threat of war, natural disasters, floods and pandemics. Force majeure applies even if the circumstances in question were foreseeable at the time the agreement was entered into.
Your personal data is treated by Timstor Nv, with registered offices at Hoge Mauw 1040, 2370 Arendonk (Belgium) and with company number 0442.044.737, for customer management based on the contractual relationship resulting from your assignment/placed order, within the framework of various legal obligations (its liability, obligation to retain data, Belgian Accounting Act) and for direct marketing (in order to possibly offer you new services), on the basis of its legitimate interests to carry out business. The processing is always done by the authorised person within Timstor Nv. We would like to inform you that we cannot erase your data whilst the assignment awarded to us/execution of the placed order is ongoing, in order to guarantee our services. After the termination of the assignment (possibly by you), we are obliged to keep your personal data for another 10 (ten) years within the framework of legal obligations that are applicable to us. The data from you that we then store and archive will only be the data necessary to comply with legal obligations. Please note that your personal data may be passed on by us to third parties in the context of the assignment awarded to us and the implementation of legal obligations. You can always consult us on this and we will inform you which institution your data is stored with. If you do not want us to process your data with a view to direct marketing, it is sufficient to inform us of this at firstname.lastname@example.org. You can also use this address at any time to ask what data we process about you and to have this data corrected or erased (the latter, as far as possible, in the context of the assignment awarded to us/placed order and the law). If your data transferred to us is not correct and you ask for this to be corrected, you can always ask, within the terms that are possible, that the processing of the data is restricted. All services carried out under the rights conferred on you by the General Data Protection Regulation shall be free of charge within all reasonableness. If you disagree with the way we process your data, you can contact the Data Protection Authority (Drukpersstraat 35, 1000 Brussels (Belgium)).
12. Validity – non-renunciation
If any provisions in these terms and conditions are declared invalid, unlawful or void, it shall in no way affect the validity, legality and applicability of the other provisions. The parties undertake to do everything in their power to replace the void or non-enforceable provisions with valid and enforceable agreements which, in the broadest terms, result in the same effect as were the intentions of the void or non-enforceable clauses. The obligations under the void or non-enforceable provisions shall be suspended pending such replacement. Failure by Timstor Nv to enforce any of the rights listed in these terms and conditions or to exercise any right thereof, shall never be regarded as a renunciation of such provision and shall never affect the validity of these rights.
13. Amendments to the terms of conditions
Timstor Nv may at any time amend these general terms and conditions without further notice. Any purchase after the amendment implies an acceptance by the customer of these new terms and conditions.
The photos published on our website www.timstor.com are intended for decorative purposes and may contain elements that are not included in the price. Timstor Nv is in no way liable in case of material errors, typing errors, typesetting errors or printing errors. Offers always apply as long as stocks last and can be amended or withdrawn at any time. The purchase is made at the time the customer receives a confirmation email.
15. Contact information
Questions about these general terms and conditions must be sent to email@example.com or to Timstor Nv, Hoge Mauw 1040, 2370 Arendonk (Belgium).