General Terms & Conditions of Sale – Halfwerk
ARTICLE 1 – PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. General points
1.2. Relationship between General Terms and Conditions, Product Descriptions and Special Terms and Conditions
1.3. Consultation, validity and term of the General Terms and Conditions
1.4. Customer obligations in regard to our Website
ARTICLE 2 – PRODUCTS AND TECHNICAL SPECIFICATIONS
2.1. Nature of the products
2.2. Product Description
2.3. “Miscellaneous” Products
2.4. Supplies
ARTICLE 3 – CUSTOMER ACCOUNT AND ORDERS
3.1. Creation of a Customer Account and guarantees
3.2. Price quotations
3.3. Placing an order
3.4. Invoicing
3.5. Payment and confirmation of the order
3.6. Order pick-up
ARTICLE IV – RELATED SERVICES: STORAGE, ASSISTANCE WITH ON-SITE
COLLECTION OF PRODUCTS, DELIVERIES AND CUSTOMISED OFFERS
4.1. Assistance with loading
4.2. Storage
4.3. Shipping and Delivery
4.4 Deposit on packaging material
ARTICLE 5 – OTHER LIABILITIES AND RESPONSIBILITIES
ARTICLE 6 – GUARANTEES
ARTICLE 7 – PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
ARTICLE 8 – INTELLECTUAL PROPERTY
ARTICLE 9 – COMPLAINTS, PRODUCT RETURNS, RIGHT OF WITHDRAWAL, TERMS AND CONDITIONS OF REIMBURSEMENT, APPLICABLE LAW
9.1. Right of withdrawal
9.2. Exceptions to the right of withdrawal
9.3. Methods of reimbursement
9.4. Applicable law and competent jurisdiction
ARTICLE 10 – FINAL PROVISIONS
ARTICLE 1 – PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. General points
These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") shall apply to the contractual relationship between the company Halfwerk BV, whose registered office is located at 1800 Vilvoorde, mechelse steenweg 255 registered with the BCE under number 1010804039, hereinafter referred to as "Halfwerk", or "us", and the "Customer" or "you" in the physical premises of Halfwerk or via the website: http://halfwerk.be (hereinafter “our Website”).
The act of contracting with Halfwerk by accepting our quotes in our shops or on our Website, or by placing an order in our shops or via our Website, you formally accept these General Terms and Conditions, excluding the application of those of the Customer or any other provision unless a prior formal written agreement has been made. For this reason, by contracting with Halfwerk, the Customer commits not to invoke their own General Terms and Conditions of Sale or Purchase.
We reserve the right to refuse the provision of services and the sale of products to anyone, for any reason and at any time. These General Terms and Conditions shall apply to sales of products and to their related services. Violation or breach of any of the Terms and Conditions will result in immediate termination of the sales and related services offered by Halfwerk.
The headings used in this agreement are included for convenience only and do not limit or affect these General Terms and Conditions in any way. In any event, the Customer declares to be at least 18 years of age and to have the legal capacity to place an order. The Customer is financially responsible for any order made, both on their behalf and that of third parties, including minors.
No deviation from these General Terms and Conditions may be made in the context of a particular contract unless expressly signed in writing by Halfwerk.
1.2. Relationship between General Terms and Conditions, Product Descriptions and Special Terms and Conditions
The specifications of certain products (hereinafter "Product Description") are also to be taken into account. They are communicated on our Website or verbally when making a purchase in a shop. They take precedence over the General Terms and Conditions. (see Article 2.2) Special Terms and Conditions of Sale (hereinafter referred to as "Special Terms and Conditions") may be agreed upon in contractual documents such as order forms, invoices or quotes. In such cases, if rules contained in the Special Terms and Conditions contravene these General Terms and Conditions, or the Product Descriptions, the rules of the Special Terms and Conditions shall prevail over the contractual relations between Halfwerk and the Customer.
1.3. Consultation, validity and term of the General Terms and Conditions
Our General Terms and Conditions and our Privacy Policy are available for consultation on our Website. Any buyer can also obtain a full copy of these General Terms and Conditions upon request.
The General Terms and Conditions posted on our Website shall be in force from the moment they are published online and shall remain applicable throughout the duration of the use of our Website. Halfwerk reserves the right to adapt and modify these General Terms and Conditions and the Privacy Policy. The General Terms and Conditions applicable to an order will be those in force at the time of placing the order on our Website.
1.4. Customer obligations in regard to our Website
Our Website is accessible to anyone with Internet access. Halfwerk reserves the right to refuse access to all or part of our Website, unilaterally and without prior notification, to any Customer who does not abide by these General Terms and Conditions. The User commits to use our Website in compliance with these General Terms and Conditions and applicable laws. Consequently, the user agrees in particular not to hinder or distort the operation of our Website, not to damage all or part of its elements, or to access it in a fraudulent manner. Transmitting viruses or codes of a destructive nature to our Website is prohibited.
The Customer undertakes to ensure the confidentiality of their Personal Login Information and shall ensure that it is not disclosed to third parties. The Customer shall be responsible for all acts carried out from their Account. If the Customer believes that there has been a breach of security of their Personal Login Information, such as disclosure, theft or unauthorised use, they shall immediately inform Halfwerk by email at the following address: hello@halfwerk.be.
ARTICLE 2 – PRODUCTS AND TECHNICAL SPECIFICATIONS
2.1. Nature of the products
Halfwerk mainly sells second-hand products, remanufactured good or products recovered from overstock. Unless explicitly stated otherwise in the Product Description (see Article 2.2), the Customer shall assume that the material is reusable.
The products put on sale by Halfwerk are either its full property or products sold on behalf of third parties in a consignment stock system. In both cases, Halfwerk declares that it is fully entitled to offer these products for sale, and is the only contact for the completion of their purchase. The list of products available for sale in the shop and on our Website may be modified at any time by Halfwerk.
2.2. Product Description
Each product on our Website and the majority of the in-store products have a sheet detailing information relating to the product. This sheet is a non-exhaustive summary of the information gathered on the product. The Customer is free to request further information or make a visit to inspect the product. Product Descriptions are available on request in the shop, except for products in the miscellaneous category labelled as "Divers" (see article 2.3). The Product Description is an integral part of the Sales Agreement. For example: if a product is described as 'scratched', scratches on the product will not be accepted as grounds for complaint. In general, the product must therefore correspond to its Description, and not to other standards or assumptions. Unless stated otherwise in the Product Description, the following shall not be regarded as defects:
- Slight variations in colour
- A soiled state, if this can be resolved with soapy water or other household cleaners
- Traces of wear and ageing consistent with the age of the object (small chips, pitted chrome, frosted marble, etc.)
- Small stickers or other markings related to the inventory
- Incorrect attribution to a designer, architect or manufacturer
- Approximate measurements and weights
We reserve the right to modify the content of our Website at any time. The Product Description on our Website at the time of sale applies.
2.3. Miscellaneous Products
Some products present in the Halfwerk shop are not visible on our Website and do not have a technical description. These products are non-returnable, and sold without any guarantee whatsoever.
2.4. Supplies
Some products must be pre-ordered, are not ready for sale, or are subject to Special Terms and Conditions and are indicated in the Product Description. Products are offered for sale while supplies last. The stock levels mentioned on our Website are automatically updated according to sales. Human error, theft or accidents may cause these figures to be incorrect. Should the product be unavailable, Halfwerk undertakes to inform the Customer as soon as possible, to find an alternative solution, or to refund the order (see Article 3.5.).
ARTICLE 3 – CUSTOMER ACCOUNT AND ORDERS
3.1. Creation of a Customer Account and guarantees
Before being able to place an order via our Website, each Customer must create a Customer
Account. In the shop, the creation of a Customer Account will be offered for any purchase but
remains optional.
The Customer Account is strictly necessary to exercise any right of return or refund, or any
other request related to a transaction. When selling second-hand products, it is impossible for
Halfwerk to check if and when the product was purchased without a Customer Account.
For the registration to be finalised, it is necessary to choose Personal Identifiers, i.e. a
username (email address) and a password. The creation of the Customer Account also
implies the communication of the surnames, first names, title, address, telephone and, if
necessary, the name of the purchasing company.
The Customer is obliged to provide accurate, complete and current information and
undertakes to notify Halfwerk of any modification of this information, whenever necessary.
3.2. Price quotations
In our shop and on our Website, the prices indicated are inclusive of tax. The prices indicated
on our sales documents (pro-forma and invoices) are expressed in euros excluding VAT, and
the applicable VAT is specified.
The prices displayed do not include shipping or storage costs, which are at the expense of the
Customer, and must be calculated according to the Customer's specific needs (see Article IV).
Our offers are always subject to availability. Therefore, unless otherwise stated in the Special Terms and Conditions, our quotes are not binding as to price or availability of products and are for information purposes only.
3.3. Placing an order
When ordering online, a summary screen appears before finalising the order with all the
details of the products selected. This enables the Customer to check the details of the order
and correct any errors. The order can no longer be modified after confirmation of payment.
If the product cannot be picked up directly from the shop, an order is created by the seller for
the Customer. The following paragraphs also apply to this type of order.
3.4. Invoicing
Purchase invoices shall be created on request at the time of payment and up to 3 months after
the date of payment. Intra-Community VAT shall only be applied if all conditions are met by the
Customer.
In the event of invoice data being incorrect and needing to be changed, an administrative fee
of €12 excl. VAT will be charged.
3.5. Payment and confirmation of the order
-
Reservations by the Customer:
The order shall be processed by Halfwerk only after receipt of full payment (including all
taxes). The payment of this order shall be deemed as acceptance of these Terms and
Conditions of Sale.
The products shall not be reserved before full payment has been received. The Customer is
therefore aware that any delay in this payment may result in the cancellation of the order if the
product is no longer available in stock.
-
"Payment Confirmation" and "Order Validation" by Halfwerk:
On receipt of the full payment of the order, Halfwerk shall send the Customer by email the
"Payment Confirmation" of the said order, including all the details relating to the order and the
price, including all taxes paid. The products shall then be removed from sale.
If the product is accompanied by a request for a personalised quote for service (delivery or
storage, ...), Halfwerk shall send the supplementary quote to the Customer for additional
payment.
Once payment has been received, the order is prepared and the Customer receives
confirmation that the order is ready with the order number. (Hereinafter referred to as "Order
Validation").
If one or more products are not available, the Customer is informed. The Customer then has
the option of cancelling the entire order. If the Customer chooses not to cancel, the price
finally paid will be readjusted according to the available products.
3.6. Order Pick-up
On-site order pick-up is free of charge and must be undertaken within two weeks of the Order
Validation.
The Customer, or their service provider, must make an appointment for pick up and present themselves with the vehicle, the protective material, and the labour suitable for the products to be
removed. They must be able to identify themselves, and know the order number and/or the
email address with which the order was placed.
Halfwerk undertakes to provide in advance and on request all information useful for preparing
the transport.
The products remain the property of the shop until full payment is made. The products are
then made available to the Customer.
The risks are transferred at the time of the collection of the order by the Customer, when
Halfwerk gives the products to the Customer in person at the counter, or on the loading dock.
The Customer must then check the conformity of the order before loading it.
ARTICLE IV – RELATED SERVICES: STORAGE, ASSISTANCE WITH ON-SITE PICK-UP
OF PRODUCTS, DELIVERIES AND CUSTOMISED OFFERS
4.1. Assistance with loading
To facilitate pick-up, Halfwerk can assist with loading. This assistance may be manual or
mechanical (pallet truck or forklift) and has to be paid for beyond the first quarter of an hour of
loading: €10 (incl. all taxes) / quarter hour started (incl. taxes)/person thereafter.
The request must come from the Customer and be accepted by Halfwerk. Halfwerk
undertakes to be careful but can under no circumstances be held responsible for any damage
caused to the product or the vehicle at the time of loading.
4.2. Storage
Products are kept by Halfwerk for a period of two weeks free of charge from the Order
Validation . Beyond this period, Halfwerk offers a storage service for products according to
their size and packaging. A specific quotation for the storage can be requested from Halfwerk when reserving the products or within the following ten working days.
The Customer must check the order is correct before the end of the collection period. Beyond
ten working days, no claim can be made on the products. Storage is carried out with due care.
In the event of the goods not being picked-up within the stipulated time, and if no specific
storage request has been made, a storage charge of €15 / order / month (incl. taxes) to be
increased by €15 / pallet (incl. taxes) shall be imposed. If the Customer has still neither
collected their purchases nor requested a storage quote after 1 month of additional storage,
the order shall be cancelled. The storage costs for the first month as well as compensation of
10% of the order shall be deducted from the amounts to be reimbursed.
4.3. Shipping and Delivery
Halfwerk can draw up an additional and personalised quotation for the shipping of the goods
on request. Halfwerk can carry out such transport using its own vehicles or assign this to
third-party service providers. Deliveries shall only be made on working days and door-to-door.
The Customer undertakes to provide precise and accurate delivery information and to be
ready to receive the goods according to the instructions given by the service provider and/or
Halfwerk.
In the case of orders made online, on www.Halfwerk.com, for standard products and
destinations, our Website automatically offers quotes that can be paid for directly with the
purchase. Halfwerk makes every effort to ensure that these quotes are correct and final. In the
event of errors, Halfwerk can contact the Customer at the time of preparing the order to inform
them of this and proceed with refunding or invoicing the difference.
If the Quote for the delivery is acceptable to the Customer, they shall have a period of three
days to confirm this by paying for it.
If the Quote is not acceptable to the Customer, they may organise their own pick-upor request, or
the cancellation of their order without incurring any administrative costs.
- Delivery of small items (<30kg): by B-post or courier
Once the products and delivery have been paid for, the order is prepared for dispatch.
The Customer receives the information that the order is shipped from
Halfwerk, and an email enabling to track the order.
- Delivery of large objects, pallets or racks
Once the products and delivery have been paid for, the order is prepared for dispatch.
The Customer is informed that the order is ready for pick-up and agrees on a delivery
date with Halfwerk according to their preferences and the carrier's availability.
The Customer must make sure that the route to access the delivery location will allow
the truck to pass (bridge crossing, road resistance, etc.). The truck must be able to
access and manoeuvre easily in front of the delivery site. The Customer must arrange
the parking space necessary for the efficient and safe unloading of the truck and have
made their own arrangements for transporting the Products to their destination.
If the actual layout of the delivery site physically prevents access for the truck or the
unloading of the Product(s), the Seller reserves the right to cancel the delivery and
refund the order, less the cost of delivery and the cost of return.
The Customer must check that the order is correct as soon as it is received. If the order is
incorrect, the Customer shall send Halfwerk all useful information within fourteen days
following receipt of the delivery.
Halfwerk shall not be held responsible for any damage incurred during delivery. In the event of
damage related to transport, the Customer undertakes to provide all the information necessary
to open a complaint file: photos of the package and the product.
In the event the Customer does not accept the order and returns to the sender, the order shall
be cancelled. The shipping costs as well as an administrative compensation of 10% shall be
deducted from the refund.
All deliveries shall automatically be made on the doorstep (pavement in the case of a building,
property boundary in the case of a detached house). Delivery does not include installation,
assembly or commissioning of the products purchased.
Unnecessary travel costs and waiting times of more than 15 minutes shall be charged to the
Customer.
A delivery cannot be organised or cancelled within one week of its due date without charge.
Any additional costs requested by the service provider shall be borne by the Customer.
In the event of inability to deliver due to a case of force majeure, the Customer shall receive
an email proposing either to cancel or to postpone the delivery, at no extra cost.
Halfwerk reserves the right to refuse the organisation of shipping and deliveries, in particular if
the cost of the shipping and delivery exceeds 50% of the price of the products, or if the
delivery address is outside the Schengen Area. Halfwerk shall inform the Customer as soon
as possible.
4.4 Deposit on packaging material
Depending on the products and their packaging, Halfwerk can allow the products to be left
with the material with which they are packaged (boxes, pallets, racks) subject to an agreement
to exchange them for strictly similar material (dimensions, standards, condition), or to the
payment of a deposit. These deposits shall be specified at the time of the delivery quotation,
or at the time of collection. They must be paid before the products are picked-up.
The deposit shall be returned when the packaging material is returned, subject to it being in
good condition when given back. The refund shall be made to the account corresponding to
the method of payment used for payment (online) or by bank transfer.
4.5. Customised offers
When ordering services, customised articles or articles according to drawings, Halfwerk will
give the quotation based on the measurements provided by the buyer, who shall assume full
responsibility for the accuracy of these measurements. The purchaser is responsible for
checking the correct transcription of these measurements on the order form.
All studies, plans, documents, sketches, drawings, samples and projects shall remain our
property, protected by intellectual property rights. In the event of them being handed over to
the Customer, they may not be misappropriated either by the Customer or by third parties. The
Customer shall be liable for any possible misappropriation and we reserve the right to claim
compensation for any loss suffered. This compensation shall be fixed at 10% of the contract
amount, without prejudice to our right to prove higher damages. The aforementioned
documents must be returned on first request.
ARTICLE 5 – OTHER LIABILITIES AND RESPONSIBILITIES
Halfwerk shall not be liable for loss of profit, damages arising from loss in the broadest sense
of the word and/or any other direct or indirect loss or damage of any kind.
Insofar as Halfwerk would not be able, by virtue of a legal provision, to be released from its full
responsibility, this will be limited in all cases to the damage resulting directly from the defect
and, consequently, foreseeable at the time of the conclusion of the contract. In any event, it
will be capped at an amount corresponding to a maximum of 15% of the value of the Contract.
Halfwerk shall under no circumstances be held accountable for damage not inherent to the
product and/or non-design defects resulting from an external cause totally alien to Halfwerk,
whether or not the Customer is at fault.
If, in spite of the absence of any inherent defect in the product and of damage resulting from
an external cause, the liability of Halfwerk is established for the damage proven and suffered
by the Customer, the above limitations of liability shall apply.
The Customer shall be responsible for the correct use and maintenance of the product in
accordance with the instructions and recommendations of the supplier or the manufacturers,
and for compliance with the regulations in force, in particular with regard to safety.
The technical and other advice given by Halfwerk staff in the shop or by email is for
information purposes only, and must be verified by the Customer with qualified installers or a
technical reference centre.
ARTICLE 6 – GUARANTEES
Halfwerk's products are not covered by guarantees, unless agreed otherwise in Special Terms
and Conditions, or explicitly mentioned in the Product Description. A statement that a product
is tested and functional cannot be understood as the promise of a guarantee. Only statements
of the type 'Operation guaranteed for ...' will be taken into account.
For light fittings, a guarantee of two years (from the date of order) shall be implicitly agreed,
unless specified otherwise in the Product Description. The guarantee shall in any case be
excluded in the following cases: if the defects are the result of poor maintenance or damage
caused by abnormal or improper use of the product with regard to its specifications.
ARTICLE 7 – PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF
PERSONAL DATA
In the course of our business relations, we collect and process personal data about you.
Personal data is any information that allows us to identify you as an individual, such as your
name, email or telephone details. We are committed to protecting your privacy.
ARTICLE 8 – INTELLECTUAL PROPERTY
Use of our Website is reserved unless a specific and express agreement or licence is granted
by Halfwerk for strictly personal use.
Halfwerk shall retain full and exclusive ownership of the various data transmitted within the
framework of these General Terms and Conditions under the various legislations relating to
the protection of copyright and related rights, trademark and patent law and in particular the
law concerning the legal protection of databases as well as all trademarks, texts, comments,
works, illustrations and images, whether visual or sound, reproduced on our Website.
The user hereby agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the
service, the use of the service, or access to the service or any contact on our Website through
which the service is provided without our express written authorisation.
Any reproduction or representation, in whole or in part, shall constitute an infringement that
may result in the civil and criminal liability of its author.
ARTICLE 9 – COMPLAINTS, PRODUCT RETURNS, RIGHT OF WITHDRAWAL, TERMS
AND CONDITIONS OF REIMBURSEMENT, APPLICABLE LAW
9.1. Right of withdrawal:
The Private Consumer shall have the right to cancel their purchase, without having to provide
any reason and without paying any additional charge, within fourteen calendar days from the
day following delivery. Within these fourteen days, the Customer must inform Halfwerk of their
intention to withdraw by presenting proof of purchase, mentioning the order number and
specifying the product they wish to return.
The Customer's liability shall be engaged only with regard to the depreciation of the product
resulting from manipulations other than those necessary to establish the nature,
characteristics and correct operation of the product: a product returned incomplete, damaged,
used or soiled cannot be taken back.
Halfwerk shall facilitate the return of the product at a date agreed between the parties.
Halfwerk shall fully refund the value of the product provided that it is complete, in perfect
condition and in its original packaging. Initial shipping costs, and the expenses relating to the
aforementioned return will be chargeable to the consumer. Once the article is in the
possession of Halfwerk, the refund shall be effected within one month.
9.2. Exceptions to the right of withdrawal
The right of withdrawal does not apply to all returns requested more than fourteen days after
purchase, in the case of services already performed or customised products, for products
purchased in our shop, as well as for all trade orders. In such cases, Halfwerk reserves the right to
accept or reject returns, refund them or not, in money or coupons, depending on the situation,
the time that has elapsed and the condition of the products. A minimum of 30% of the amount
of the order shall be retained for administrative costs and re-sale.
9.3. Methods of reimbursement
Requests for returns and complaints should be made by sending an email to the following
address: hello@halfwerk.be .
Any return or collection can only be made with the prior agreement of Halfwerk by email, and
subject to refusal, within fourteen calendar days from the date of the Halfwerk agreement. The
Products must be returned in their original packaging and in perfect condition.
The refund will be carried out no later than fourteen days from the return of the Products to the
shop.
Halfwerk reserves the right to cancel an order, without indemnity, if a case of force majeure
prevents its normal execution. By express agreement, the events of strike, shortage of
transport, fire, flood, damage of equipment, riots, war, epidemic, accident, either at Halfwerk or
at one of its suppliers, shall be deemed to constitute force majeure, even if they are only
partial, and whatever the cause. This list is not exhaustive.
9.4. Applicable law and competent jurisdiction
These General Terms and Conditions shall be governed by Belgian law.
In the event of a dispute between the parties relating to the validity, interpretation or execution
of this document that cannot be resolved amicably, the parties shall attempt to resolve the
dispute through mediation.
In the event of a dispute, the Belgian Courts shall have exclusive jurisdiction.
ARTICLE 10 – FINAL PROVISIONS
The fact that Halfwerk does not invoke, at one time or another, one of the provisions of these
General Conditions shall not be interpreted as a waiver by the latter of availing itself thereof
subsequently.
In the event of any of the provisions of the General Terms and Conditions being declared null
and avoid or without effect, it shall be deemed unwritten, without affecting the validity of the
remaining provisions.
The electronic data stored in the Halfwerk information systems relating to the Services offered
by Halfwerk shall be deemed binding between the parties, until proven otherwise. These
electronic data therefore constitute admissible, valid and binding evidence to the Users under
the same conditions and with the same probative force as any document drawn up, received
or recorded on paper.