General terms and conditions Velodome
- VELODOME BV, based at Heerbaan 50, 2530 Boechout, Belgium under company number BE0524980232.
- Customer: any physical or legal person who has entered into an agreement with Velodome.
- Parties: Velodome and customer together.
- Consumer: a customer who is also an individual acting as a private person.
Article 1 - Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Velodome.
- The parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
Article 2 - Offers and tenders
- Offers and quotations by Velodome are without obligation unless explicitly stated otherwise therein.
- An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable deadline, the offer or quotation shall lapse.
- Offers and quotations do not apply to repeat orders unless the parties have expressly agreed in writing.
Article 3 - Acceptance
- Upon acceptance of an offer or quotation without engagement, Velodome reserves the right to withdraw the offer or quotation within 3 days after receipt of the acceptance, without giving the customer any rights.
- Verbal acceptance by the customer only binds Velodome after the customer has confirmed it in writing (or electronically).
Article 4 - Prices
- All prices used by Velodome are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices used by Velodome for its products and services, on its website or otherwise made known, may be changed by Velodome at any time.
- Increases in the cost prices of products or parts thereof, which Velodome could not foresee at the time of making the offer or concluding the agreement, can lead to price increases.
- The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.
- The price relating to a service will be determined by Velodome on the basis of the actual hours spent.
- The price will be calculated according to Velodome's usual hourly rates, valid for the period in which it carries out the work, unless a different hourly rate has been agreed.
- If the parties have agreed on a total price for a service by Velodome, this is always a target price unless the parties have expressly agreed in writing on a fixed price which cannot be deviated from.
- Velodome is entitled to deviate from the target price up to 10%.
- If the target price is going to be more than 10% higher, Velodome should inform the customer in good time why a higher price is justified.
- If the target price goes up by more than 10%, the customer is entitled to cancel the part of the order that exceeds the target price plus 10%.
- Velodome has the right to adjust prices annually.
- Prior to its entry, Velodome will communicate price adjustments to the customer.
- The consumer has the right to cancel the agreement with Velodome if he does not agree with the price increase.
Article 5 - Payments and payment term
- Products with a value of less than €2,500 will be paid for directly in the shop, unless otherwise agreed.
- Products with a value of more than €2,500 will be paid for collection or shipping.
- Velodome may require a deposit of up to 50% of the agreed amount when entering into the agreement concerning a service.
- In the case of exceptionally agreed retrospective payments, the customer must have paid within 7 days of delivery of the products or services, unless the parties have made other agreements in this regard or the invoice states a different payment term.
- Payment terms are considered to be fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default without Velodome having to send the customer a reminder or declare him in default.
- Velodome reserves the right to make a delivery subject to immediate payment or to require a security for the total amount of the service or product.
Article 6 - Consequences of late payment
- If the customer does not pay within the agreed period, Velodome is entitled to charge the legal interest of 2% per month for non-commercial transactions and the legal interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
- If the customer is in default, he will also owe extrajudicial collection costs and possible damages to Velodome.
- Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Velodome may suspend its obligations until the customer has fulfilled his payment obligation.
- In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Velodome's claims on the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Velodome, he is still obliged to pay the agreed price to Velodome.
Article 7 - Right of complaint
- As soon as the customer is in default, Velodome is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Velodome shall invoke the right of claim by written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer should immediately return the products to which this right refers to Velodome, unless the parties agree otherwise.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Article 8 - Right of withdrawal
- A consumer may cancel a (online) purchase during a 14-day cooling-off period without giving any reason provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been customised or adapted especially for the consumer it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
- the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not concern accommodation, travel, restaurant business, transport, catering or leisure activities
- the product is not a loose magazine or newspaper
- it does not concern an (order for) emergency repair
- it does not involve betting and/or lotteries
- the consumer has not waived his right of withdrawal
- it does not concern a service that will be fully performed with the customer's consent within the 14 calendar days cooling-off period and for which the customer has expressly waived the right of withdrawal
- the product is not registered or inscribed in the customer's name
- The 14-day cooling-off period mentioned in paragraph 1 starts:
- On the day after the consumer receives the last product or part of 1 order
- Once the consumer has concluded the agreement supplying the service
- Once the consumer has confirmed that they will purchase digital content over the internet
- Consumers can make their right of withdrawal known at email@example.com.
- The consumer is obliged to return the product to Velodome within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.
Article 9 - Reimbursement of delivery costs
- If the consumer has exercised his right of withdrawal on time and as a result has returned the complete order to Velodome on time, Velodome will refund any shipping costs paid by the consumer within 14 days after receipt of the timely complete returned order to the consumer.
- Velodome will only bear the costs for returns to the extent that the entire order is returned.
Article 10 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 11 - Right of retention
- Velodome may invoke its right of retention and, in this case, keep products of the customer in its custody until the customer has paid all outstanding bills towards Velodome, unless the customer has provided sufficient security for these costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Velodome.
- Velodome shall never be liable for any damage that the customer may suffer as a result of exercising his right of retention.
Article 12 - Set-off
Unless the customer is a consumer, the customer waives his right to set off a debt to Velodome against a claim against Velodome.
Article 13 - Retention of title
- Velodome remains the owner of all delivered products until the customer has completely fulfilled all his payment obligations towards Velodome on the basis of whatever agreement entered into with Velodome, including claims of default.
- Until then, Velodome may invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Velodome invokes its retention of title, the agreement shall be deemed dissolved and Velodome shall be entitled to claim damages, lost profit and interest.
Article 14 - Delivery
- Delivery will take place while stocks last.
- Delivery will take place at one of the Velodome network shops, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address specified by the customer.
- If the agreed amounts are not paid or not paid on time, Velodome has the right to suspend its obligations until the agreed part is still paid.
- Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against Velodome.
Article 15 - Delivery time
- The delivery times given by Velodome are indicative and if exceeded do not entitle the customer to rescission or compensation unless the parties have expressly agreed otherwise in writing.
- The delivery period will start after the offer signed for agreement by the customer to Velodome has been confirmed by Velodome to the customer in writing or electronically.
- Exceeding the given delivery time does not give the customer a right to compensation or the right to rescind the agreement, unless Velodome cannot deliver within 14 days after being reminded to do so in writing or the parties have agreed otherwise.
Article 16 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 17 - Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.
Article 18 - Packaging and shipment
- If the packaging of a delivered product has been opened or damaged, the customer should, before taking delivery of the product, have a note made of this by the forwarding agent or delivery man, failing which Velodome cannot be held liable for any damage.
- If the customer takes care of transport of a product himself, he should report any visible damage to products or packaging to Velodome prior to transport, failing which Velodome cannot be held liable for any damage.
Article 19 - Insurance
- The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered items necessary for the performance of the underlying agreement
- Velodome items present at the customer's premises
- goods delivered under retention of title
- The customer shall make the policy of these insurances available for inspection at Velodome's first request.
Article 20 - Retention
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.
- Customers will receive notification by SMS, email or telephone of a completed repair. If the customer does not collect the repaired product from Velodome within 6 months after notification, these products will be donated to a good cause of Velodome's choice.
Article 21 - Assembly/Installation
Although Velodome will endeavour to carry out all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intent or gross negligence.
Article 22 - Warranty
- If the parties have entered into an agreement with a service character, it contains for Velodome only an obligation of effort and thus no obligation of result.
- The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- For products, whether or not to accept warranty is always done by the supplier who delivered the defective product to Velodome, according to the terms of the supplier's warranty policy.
- Products are guaranteed for 24 months from the date of the purchase invoice (unless otherwise stated).
- If warranty applies, the defect will be repaired or replaced according to the standards of the supplier who delivered the product to Velodome. Velodome is never obliged to deliver a new product to the customer.
Article 23 - Execution of the agreement
- Velodome shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
- Velodome has the right to have the agreed service provided (partially) by third parties.
- Execution of the agreement shall take place by mutual agreement and after written agreement and payment of any agreed advance by the customer.
- It is the responsibility of the customer that Velodome can start the execution of the agreement in time.
- If the customer has not ensured that Velodome can start executing the agreement on time, the resulting extra costs and/or extra hours shall be borne by the customer.
Article 24 - Provision of information by the customer
- The customer shall make all information, data and documents relevant for the correct execution of the agreement available to Velodome on time, in desired form and in desired manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
- If and insofar as the customer so requests, Velodome will return the relevant documents.
- If the customer does not, not in time, or not properly make available the information, data or documents reasonably required by Velodome, and the execution of the agreement is delayed because of this, the resulting extra costs and extra hours will be for the account of the customer.
Article 25 - Intellectual property
- Velodome retains all intellectual property rights (including copyright, patent right, trademark right, drawing and model right, etc.) on all designs, drawings, writings, carriers with data or other information, offers, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
- The customer may not copy, show and/or make available to third parties or otherwise use the said intellectual property rights without Velodome's prior written permission.
Article 26 - Confidentiality
- The customer shall keep secret any information (in any form) received from Velodome.
- The same applies to all other information concerning Velodome of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination could harm Velodome.
- The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.
- The duty of confidentiality defined in this article does not apply to information:
- which was already public before the customer learned of it or which subsequently became public without being the result of a breach of the customer's duty of confidentiality
- disclosed by the customer pursuant to a legal duty
- The confidentiality obligation defined in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 27 - Penalty clause
- If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, it shall forfeit for each violation in favour of trade name an immediately payable fine.
- if the other party is a consumer, this penalty is €1,000
- if the other party is a legal entity then this fine is €5,000
- In addition, the other party shall forfeit an amount of 5% of the amount mentioned in paragraph 1 for each day that such breach continues.
- No prior notice of default or court proceedings are required for the forfeiture of this penalty. It also does not require any damages.
- Forfeiture of the penalty referred to in the first paragraph of this article does not affect Velodome's other rights including its right to claim damages in addition to the penalty.
Article 28 - Indemnification
The customer indemnifies Velodome against all claims of third parties related to the products and/or services provided by Velodome.
Article 29 - Complaints
- The customer should examine a product delivered or service provided by Velodome for any shortcomings as soon as possible.
- If a delivered product or provided service does not comply with what the customer could reasonably expect from the agreement, the customer has to inform Velodome as soon as possible, but in any case within 1 month after the shortcomings were found.
- Consumers should inform Velodome no later than 2 months after discovering the deficiencies.
- The customer will give as detailed a description as possible of the shortcoming, so that Velodome is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this cannot in any case lead to Velodome being obliged to carry out work other than that agreed upon.
Article 30 - Notice of default
- The customer must make notices of default in writing to Velodome.
- It is the responsibility of the customer that a notice of default actually reaches Velodome (on time).
Article 31 - Joint and several liability of the customer
If Velodome enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe Velodome under that agreement.
Article 32 - Liability Velodome
- Velodome is only liable for any damage suffered by the customer if and insofar as such damage was caused by intent or deliberate recklessness.
- If Velodome is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Velodome is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If Velodome is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance company and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 33 - Expiry period
Any right of the customer to compensation from Velodome expires in any case 12 months after the event from which the liability arises directly or indirectly.
Article 34 - Right of termination
- The customer has the right to rescind the agreement if Velodome imputably fails to fulfil its obligations, unless this failure, in view of its special nature or minor importance, does not justify the rescission.
- If the fulfilment of the obligations by Velodome is not permanently or temporarily impossible, then dissolution can only take place after Velodome is in default.
- Velodome has the right to rescind the agreement with the customer if the customer does not fulfil his obligations from the agreement in full or in time, or if Velodome becomes aware of circumstances which give him good reason to fear that the customer will not be able to fulfil his obligations properly.
Article 35 - Force majeure
- A shortcoming of Velodome in the fulfilment of any obligation towards the customer cannot be imputed to Velodome in a situation independent of Velodome's will, as a result of which the fulfilment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfilment of its obligations cannot reasonably be required of Velodome.
- The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a force majeure situation occurs as a result of which Velodome cannot fulfil 1 or more obligations to the customer, then those obligations will be suspended until Velodome can fulfil them again.
- From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in full or in part.
- Velodome shall not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Article 36 - Modification of the agreement
- If, after the conclusion of the agreement, its execution proves necessary to amend or supplement its content, the parties shall adapt the agreement accordingly in good time and by mutual agreement.
- The previous paragraph does not apply to products purchased in a physical shop.
Article 37 - Modification of general terms and conditions
- Velodome is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes will be discussed by Velodome with the customer in advance whenever possible.
- Consumers are entitled to terminate the contract in the event of a material change to the general terms and conditions.
Article 38 - Transfer of rights
Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Velodome.
Article 39 - Consequences of nullity or voidability
- Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Velodome had in mind when drafting the terms and conditions on that point.
Article 40 - Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Belgian law.
- The Belgian court in the district where Velodome's headquarters is located/practice/office is exclusively competent to take cognisance of any disputes between the parties, unless the law imperatively prescribes otherwise.
Retrieved 20 October 2023.