Terms and conditions EasyRack bvba

1. 1.       General

1.1.  These general conditions apply to all quotes, orders and agreements made with EasyRack bvba (hereafter called EasyRack), unless agreed otherwise and confirmed by a written mutual signed special conditions between EasyRack and the customer. These conditions are available to everybody and included on the EasyRack website (ref. www.easyrack.be). On request we can send a printed version to the customer.

1.2. The customer is deemed to except these general conditions without reservation and is bound to these general conditions by confirming his/her order.  These conditions take precedence over any conditions of the customer.

1. 2.       Delivery

2.1. Delivery is subject to availability

2.2. In the context of the rules for selling via online internet, each order placed by the customer will be processed within 30 days. These 30days will commence the day after the order has been received by EasyRack. In case this is not possible (because the ordered is out of stock or no longer available), or there is a delay for any other reasons, or an order cannot entirely or partially be delivered, then the consumer receives within 1 month after placing the order a notification message and in that case he has the right cancel the order without costs and formal notice.

2.3. EasyRack’s obligation to deliver shall, unless proven otherwise, be fulfilled from the moment the goods have been presented to the customer. For home delivery the report, including refusal of acceptance, of the transporter counts as proof that the goods have been offered for delivery.

2.4.  All delivery times are indicative. The referenced periods commit EasyRack therefore not and can in no circumstance lead to compensation against EasyRack.

1. 3.       Pricing

3.1. Prices will not be increased during the duration of an offer, unless forced by legal measures or in case the manufacturer applies an interim price increase.

3.2. All quoted prices are subject to print- or typesetting errors. For the consequences of print- or typesetting errors no liability will be accepted.

3.3. All prices on the site are in EURO and are exclusive of 21% VAT.

1. 4.       Payment of invoices

4.1. All invoices are cash payable in Destelbergen, net and without discount.

4.2. All invoices not paid when due will legally and without prior notice be increased with a default interest rate of 12% per year. In case of non-payment on the due date, then the amount of the unpaid invoices will automatically be increased by 10% with a minimum of € 75 without a prior notification.

4.3. The failure of payment on the due date of an invoice shall immediately revoke any payment deferral that was granted for other supplies and makes all remaining unpaid invoices immediately and legally claimable.

4.4. During the execution of an order, EasyRack may always demand a safeguard in order to guarantee the payment of the invoice. If the customer cannot provide the required guarantees, EasyRack reserves the right to take any measures it considers necessary to safeguard its interests

4.5. Any complaints regarding the invoices need, in order to be accepted, send by registered letter at the customer's expense within eight days after receipt of the invoice. After the expiry of this date, no further complaints will be accepted and the invoice will be deemed as accepted.

1. 5.       Approval period / Right of withdrawal

5.1. If there is a consumer purchase under the act on distance sales, the customer has the right to withdraw the concluded deal within a period of 14 calendar days without giving any reason. This period starts from the day after delivery of the goods to the customer, or in the case of services, the day after the conclusion of the contract. If the customer has not revoked the deal by the expiration of this period then the purchase is a fact. The customer is obliged, before proceeding returning, accordingly within the period of 14 calendar days after delivery to notify EasyRack in writing. The customer must prove that the delivered goods were returned on time (i.e. within a reasonable period after the exercise of the right of withdrawal), for example by means of a proof of mail delivery. Returned goods must be in original packaging (including accessories and documentation) and in new condition. If the goods to the customer are used, encumbered or in any way damaged, then the right of withdrawal in accordance with this paragraph is revoked.  

Subject to the provisions in the preceding sentence, EasyRack ensure that within 30 days after receipt of the return, the full purchase price including the shipping to the customer will be refunded. The return of the delivered goods is at the risk of the customer

5.2. The right of withdrawal does not apply to:

• goods made to the consumer's specifications are made, for example, customized or clearly personalized character;
• for goods which by their nature cannot be returned, for example in regards of hygiene or which may deteriorate or expire rapidly;
• Services where performance, with the consent of the consumer, commenced before the period of 14 calendar days.

1. 6.       Protection of the privacy

6.1. If you place an order with EasyRack, then your data will be included in the customer file of EasyRack. EasyRack adheres to the Data Protection Act and will not provide your information to third parties (see our Privacy Policy).

6.2. EasyRack respects the privacy of the users of the web site and shall ensure the confidentiality of your personal data.

6.3. EasyRack sometimes makes use of a mailing list. Each mailing contains instructions on how to remove you from this list.

1. 7.       Guarantee

7.1. EasyRack guarantees that the delivered product meets the agreement and complies with the specifications listed in the offer. EasyRack guarantees that the delivered products meet the requirements of usability, reliability and durability as they have reasonably been designed by the parties during the agreement, and therefore is responsible for the factory guarantee to the customer supplied product.

7.2. The warranty period of EasyRack corresponds to the manufacturer's warranty period. EasyRack is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any opinions regarding the use or application of the goods.

7.3.  The customer is obliged to verify the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, inadequate or incomplete, then the customer needs to report these defects immediately (before proceeding the return to EasyRack) in writing to EasyRack. Complaints concerning visible defects are therefore not receptive after delivery and acceptance of the goods. Complaints concerning hidden defects are only acceptable if they are sent by registered letter accompanied by a reasoned manner, reported within 72 hours of discovering it, and at the latest within a period of three months from delivery of the goods. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and / or sale after discovering a defect, does revoke the right to complain and return completely.

7.4. Filing a complaint does not relieve the customer from his obligation to pay in any way.

7.5. In case the customer’s complaints is found valid by EasyRack, then EasyRack might at his choice replace the delivered goods at no charge or submit the customer a written agreement on the compensation measures, with the proviso that the liability of EasyRack and the amount of compensation is to be limited up to the invoice amount of the goods concerned, or (at the discretion of EasyRack) to the maximum covered amount in the liability insurance of EasyRack. Any liability of EasyRack for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or loss of profit.

7.6. EasyRack is not liable for damage caused intentionally or equivalent recklessness of non-managerial staff

7.7. This Guarantee does not apply in the following cases

• A) As long as the customer is in default towards EasyRack;
• B) The customer has repaired and / or modified the delivered goods themselves or has asked third parties to repair and / or modify the goods;
• C) the delivered goods are subjected to abnormal conditions or otherwise careless handling or in conflict with the instructions of EasyRack and / or the instructions on the packaging;
• D) the wholly or partially defectiveness resulting from rules that the government has made ​​or will make regarding the nature or quality of the materials used;

1. 8.       Special offers

8.1. Offers are not binding unless otherwise stated in the offer.

8.2. Upon acceptance of non-committal offer by the customer, reserves EasyRack the right to revoke or to deviate from this offer within 3 working days of receipt of such acceptance.

8.3.  A contract between a customer and EasyRack is established after an order has been assessed by EasyRack on its feasibility. Verbal agreements of EasyRack are therefore only valid after they have been expressly been confirmed in writing. EasyRack reserves the right, without giving reasons, orders or assignments not to accept or to accept only under the condition that the shipment is made ​​under reimbursement or payment.

8.4. EasyRack offers do not automatically apply to repeat orders.

8.5. EasyRack cannot be held to its offer if the customer should have understood that the offer or any part thereof, contained an obvious mistake or error.

8.6. Additions, modifications and / or further agreements are only valid if agreed in writing

1. 9.       Images and specifications

9.1. All images, photographs, drawings, etc., including information on weights, dimensions, colors, images of labels, etc. on the website of EasyRack are only approximate, are indicative and may not lead to compensation or termination of the agreement

1. 10.   Force majeure

10.1.         EasyRack is not liable if and to the extent that she cannot fulfill her commitments due to force majeure

10.2.         Force majeure shall mean any strange cause, and any circumstance for which reasonably she cannot be held responsible. Delay or failure by our suppliers, disruptions on the Internet, electricity disruptions, failures in e-mail traffic and disturbances or changes in supplied by third parties technology, transport issues, strikes, government measures, delays in supply, omissions of suppliers and / or manufacturers of EasyRack as well as from individuals, illness of staff, flaws in the appliance or shipment shall explicitly count as force majeure.

10.3.         EasyRack reserves in case of force majeure the right to suspend its obligations, and is also entitled to dissolve entirely or partially the agreement by operation of law and without prior notice, or to claim that the content of the agreement is amended so that execution may remain. Under no circumstances shall EasyRack account any penalty or damages.

10.4.         If EasyRack at the commencement of the force majeure already partially fulfilled its obligations, or only partially can fulfill its obligations it is entitled to invoice the goods already delivered and / or deliverable part separately. The Customer is obliged to pay this invoice as if it concerned a separate contract. This does not apply when already delivered goods and / or deliverable part have no independent value.

1. 11.   Liability

11.1.         EasyRack is not liable for damage to vehicles or other objects by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.

1. 12.   Transfer of risk and ownership

12.1.         The responsibility and risk with respect to the purchased goods are transferred to the customer at the conclusion of the agreement.  

12.2.         The goods sold and delivered to the customer remain property of EasyRack as long as the customer’s obligations arising under the contract or prior or subsequent similar agreements have failed, and as long as the customer's claims of EasyRack due to a breach by the customer in relation to the performance such obligations have not been met, including claims in respect of penalties, interest and costs.

12.3.         The Customer is not entitled the under the title falling to sell, pledged or otherwise to encumber, as long as the selling price is not fully paid.

12.4.         The customer gives unconditional and irrevocable consent to EasyRack or to a by EasyRack to be appoint third, to in all cases where EasyRack wants to exercise her right of property,  to grant access all the places where EasyRack’s property is located at that time and to retrieve their property.

12.5.         If third parties seize the goods delivered under retention of title or rights to establish or exercise, the customer is obliged to inform EasyRack as soon as reasonably as may be expected.

12.6.         The customer undertakes the property delivered goods to insure and to keep insured against fire, explosion and water damage and theft and to make this insurance policy available to EasyRack for inspection at her request.

12.7.         The basis for any drawings and technical descriptions remain the exclusive property of EasyRack. They may not, without the written consent of EasyRack, be used, copied, reproduced, transmitted or communicated to third parties by the customer.

1. 13.   Non-fulfillment of commitments by customer

13.1.         In the event that the customer, for whatever reason, would not fully comply to his/her obligations, has EasyRack the entitlement, as of right and without notice, either to suspend all its obligations, whether to dissolve partially or as a whole the contract in question or any other agreement. In this case is the customer legally obliged to return the goods already delivered and to pay damages for which the minimum standard rate is set at 30% of the purchase price, more damage by EasyRack to prove

1. 14.   Expiration

14.1.         All claims against EasyRack, for whatever reason, expire after six months from the date of delivery. This period may not be suspended, and only interrupted by a judicial action.

1. 15.   Applicable law / jurisdiction

15.1.         All agreements are subject to Belgian law, to the exclusion of the Convention of 11 April 1980 on the right for the International Sale of Goods.

15.2.         A dispute arising from an agreement between EasyRack and the customer, which cannot be resolved by mutual agreement, takes the competent court in the district of Ghent knowledge unless EasyRack prefers to submit the dispute to the competent court of the domicile of the customer, and with the exception of those disputes that fall under the jurisdiction of the magistrate.

1. 16.   Invalidity.

16.1.         The invalidity of one or more provisions of these terms and conditions, without prejudice to the applicability of all other clauses

1. 17.   Subordination

17.1.         Any translated versions of the original Dutch General Conditions of EasyRack are subordinate to the Dutch version. In case of a translation dispute the original Dutch version will supersede any translated version.