Terms and conditions Structurax BV
1. General information
STRUCTURAX BV (hereinafter: Structurax) is a private limited company with registered office at Kwadestraat 149 (box 0.1) in 8800 Roeselare and with company number 0727.825.543.
2. Definitions
“Buyer” is any natural or legal person to whom Structurax supplies goods and / or services. “Consumer” is any natural person who acts for purposes outside his trade, business, craft or professional activity.
3. Applicability
These general terms and conditions apply to any offer from Structurax and to any agreement concluded between Structurax and the buyer. Each order counts as acceptance of the general terms and conditions by the buyer. Before the distance contract is concluded, where applicable, the text of these general terms and conditions will be made available to the consumer. Deviations are only valid if they have been expressly agreed in writing and cannot be regarded as a definitive change to these conditions. The possible legal invalidity of one or more of these general terms and conditions does not affect the legal validity of the other provisions.
4. The range of products
All products offered are provided with a sufficiently detailed description, which makes it possible for the buyer to make a good assessment. If images are used, they form a true representation of the products offered. With regard to the correctness and completeness of the information provided, Structurax is only bound by an obligation of means.
5. Prices
If the buyer is not logged in, the website shows the prices including VAT. When the buyer is logged in, the website shows the prices excluding VAT and with the discount already deducted. When charges for courier services, for reservation or for administration are charged, this will be stated separately. Prices are stated subject to price fluctuations beyond the control of Structurax.
6. Cancellation
The cancellation of an order by the buyer is only valid with the written agreement of Structurax and on payment by the buyer of a fixed compensation of 30% of the total sales price. Orders of products that are not in stock can never be canceled.
7. Delivery
The date of delivery is given as an indication only and is not binding on Structurax. Delays in delivery do not entitle the buyer to compensation or price reduction, nor to dissolution of the agreement.
8. Complaints
Visible defects must be reported in writing within 48 hours after delivery, under penalty of forfeiture of compensation. Hidden defects must, under penalty of forfeiture of compensation, be formulated by registered mail within 15 days after discovery of the defect by the buyer. Under no circumstances can complaints due to visible or hidden defects result in the purchaser having the right to suspend or postpone payment.
9. Payment
Unless otherwise stipulated, all invoices are payable in cash at the registered office in Roeselare, unless stated otherwise on the invoice. Any invoice not paid or not paid in full on its due date will automatically and without prior notice of default yield a default interest at the interest rate as determined in Article 5 of the Payment Arrears Act of 2 August 2002, with a minimum of 10%. In case of late payment, the customer will also owe a fee of 12% on the principal sum, with a minimum of EUR 50.00. Non-payment on the due date of a single invoice makes the balance of all other, even non-expired invoices, immediately due and payable by operation of law. If a payment plan has been granted to the buyer, one late or incomplete payment will automatically cancel the payment plan.
10. Retention of title
Contrary to Article 1583 of the Civil Code, the products sold and delivered remain the exclusive property of Structurax until full payment of the price, including all costs, interests and compensation. Despite this retention of title, the risk of loss or damage transfers to the buyer from delivery.
11. Right of withdrawal
This provision only applies to consumers who purchase products through the online web shop. The consumer has the right to withdraw from the contract within 14 days. The withdrawal period expires 14 days after the day on which the goods are delivered. To exercise the right of withdrawal, the consumer must inform Structurax of the decision to withdraw from the contract by means of an unambiguous statement. The consumer can use the model withdrawal form for this purpose, which can be found on the website www.structurax.com, but is not obliged to do so. The costs for returning are for the account of the consumer. Only unused products in the original packaging can be the subject of the right of withdrawal. The consumer is liable for the depreciation of the product if it is damaged and / or used. The right of withdrawal cannot be used for custom-ordered products.
12. Force majeure
In case of force majeure, the execution of the agreement will be suspended for as long as the situation of force majeure makes execution impossible for Structurax, without prejudice to Structurax’s right to terminate the agreement without judicial intervention. Force majeure does not entitle the buyer to dissolution, nor to compensation, nor to termination. Force majeure includes pandemics, epidemics, strikes or any other event as a result of which compliance with the agreement can no longer reasonably be expected of Structurax.
13. Jurisdiction and Governing Law
The agreements are concluded in Roeselare and are subject to Belgian law. Any dispute to which the interpretation or implementation of the agreement could give rise falls under the exclusive territorial jurisdiction of the justice of the peace in Roeselare, the court of first instance of West Flanders, division Kortrijk or the corporate court of Ghent, division Kortrijk, unless Structurax prefers to bring the dispute before the court of the buyer’s domicile.
