Terms of service
1.1. These General Terms and Conditions and its Appendices (“Agreement”) governs all offers for sale and sales of products and services by Contaynor BV, with registered offices at Industrielaan 65 at 1070 Brussels (Belgium), company number BE 0737.476.449 (“Andy”).
1.2.Andy and the Customer may be individually referred to as the "Party" and collectively as the “Parties”.
1.3. This Agreement sets forth the rights and obligations of the Parties regarding the purchase and sale of the products and services through Andy’s website accessible at andy.be (“the Website”).
1.4. The general and/or other conditions of the Customer do not apply, even if these provisions stipulate that they will be the only ones applicable.
1.5. Andy may modify this Agreement from to time, subject to simple notice in writing, it being understood that the modified version shall only apply to future sales.
1.6. If the Customer has any questions or comment about this Agreement, it can contact Andy at the following address:
1070 Brussels, Belgium
E-mail : [email protected]
2.1. The Customer enters into this Agreement, and the sale is completed, by accepting Andy’s offer. The acceptance shall take place as part of the order process.
2.2. The placement of any order on the Website requires the Customer’s unconditional and unequivocal acceptance of this Agreement.
3) Availability of products and services
3.1. The products and services and their prices are valid as they are shown on the Website, within the limits of availability and subject to any conditions that may be mentioned therein.
3.2. In the event where the unavailability has been established and communicated afterAndy has obtained the Customer’s payment, Andy shall immediately upon cancellation refund the paid amounts using the same payment method. The Customer shall be informed of this by email. The time period required for the refund depends on the payment method that the Customer has used.
4) Price and payment
4.1. The prices that are listed on the Website are in EUR and are inclusive of VAT and service charges, unless explicitly stated otherwise.
4.2. The cost of transportation is not included in the price of the products and services. It will be charged and mentioned separately on the Website, depending on the delivery address.
4.3. The purchases can be paid online, using a debit or credit card. Customer’s bank account shall be debited after confirmation of the purchase and the payment shall only be effective once the Customer’s bank has given its consent to Andy. If the Customer’s bank refuses the payment, the order shall be cancelled automatically.
4.4. The Customer warrants that it is authorized to execute online payments using a debit card or credit card, or any other manner described above, and that there are sufficient funds in the bank account linked to the banking account to cover all costs arising from the transaction.
4.5. Every complaint relating to an invoice must be sent to Andy, by registered letter with proof of delivery, stating the date and number of the invoice, within eight (8) working days from the receipt. After the expiration of this time, the invoice will be considered as having been finally accepted by the Customer, and no further complaint whatsoever will be taken into account. Under no circumstances shall a complaint justify suspension of payment. The foregoing is without prejudice to the mandatory rights if the Customer are acting as a consumer, under the applicable law.
5.1. The orders are delivered at the delivery address specified by the Customer.
5.2. Andy shall use its best efforts to deliver the orders. Nevertheless, Andy cannot be held responsible for loss or damage of the orders.
5.3. The risk related to the product purchased by the Customer is transferred to Customer when it receives the product. Ownership of the product is transferred to the Customer upon full payment of the price of the product.
5.4.Andy strives to process the order within the shortest possible time. The delivery period of thirty (30) days after the conclusion of the sale is a target date and purely indicative. Under no circumstance can Andy be held responsible for any delay in the delivery of the products, nor for the damage that could result from late delivery.
5.5. If the product(s) is/are not delivered at the delivery address within thirty (30) days after the confirmation of the shipment, the Customer must contact Andy within seven (7) working days following the expiry of this 30-days period. Complaints will no longer be admissible after the expiry of the aforementioned 7-working days’ period.
6.1. To the largest extent permitted by law, Andy’s liability shall be limited to the amounts that Customer has actually paid for the products.
6.2. To the largest extent permitted by law, Andy will not be liable, either contractually or extra-contractually, in any circumstances, for indirect damages, such as (but not limited to) loss of production, loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill or opportunity, or any other indirect loss or consequential damages.
6.3. No limitation of liability shall apply in case of fraud, wilful intent, gross negligence, death or personal injury.
7) Force Majeure
7.1. Andy shall not be liable for damages caused by non-performance or delay in performance of its obligations in case of force majeure, such as (but not limited to) disruption or cessation of transport, mail or communication services, flooding or fire.
8) Intellectual property rights
8.1. Except as expressly stated otherwise, each Party remains the owner of its intellectual property rights. Andy explicitly reserves all intellectual property rights, including any patents, trademarks, trade names, copyrights, drawings, models and know-how which are and remain its exclusive property.
8.2. The sale of a product or service will never result in the transfer of any intellectual property right whatsoever to the Customer.
8.3. The Customer may not use Andy’s name, logo or any other identification marks for the purpose of advertising or publicity without Contaynor’s prior written consent.
9.1. No relaxation, forbearance, delay or indulgence by Andy in enforcing any of the terms and conditions of the Agreement or the granting of time by Andy shall prejudice, affect or restrict Andy’s rights hereunder nor shall any waiver by Andy of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
9.2. The provisions of the Agreement and any appendices hereto, as in effect from time to time by its terms constitute the entire agreement between the Parties. Any terms contained in Customer’s purchase orders, invoices, acknowledgements, or other forms that are inconsistent with or different from the terms of the Agreement shall be void and of have no effect.
9.3. If a provision in the Agreement is declared null and void or unenforceable, the remaining provisions of this Agreement shall remain in full effect. The invalid provision(s) shall be replaced by such other provision coming as close as possible to what was intended by the said provision to the extent legally permitted.
9.4. If there is a conflict between the terms of the Agreement and an Appendix to this Agreement, the Appendix will prevail.
9.5. Andy reserves the right to refuse any order of a Customer with whom a dispute exists or with whom a dispute has arisen in the past.
10) Applicable law and competent jurisdiction
10.1. This Agreement shall be governed by and construed in accordance with the laws of Belgium, excluding the Convention on the International Sale of Goods (CISG).
10.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Brussels (Belgium), except in case of consumers, for which the court of the domicile of the consumer shall have jurisdiction. In addition, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).
APPENDIX A – SPECIFIC PROVISIONS REGARDING CUSTOMERS ACTING IN A PROFESSIONAL CAPACITY
- This Appendix A solely applies if Customer is acting in a professional capacity when purchasing the products and services via the Website. In this case, the Agreement shall be governed by Book XII of the Belgian Code of Economic Law.
- Articles XII.6, §1, 8°, Articles XII.7, §1, XII.8 and XII.9 of the Code of Economic Law do not apply if Customer is not a consumer (business to business relationship).
APPENDIX B – SPECIFIC PROVISIONS REGARDING CUSTOMERS WHO ARE CONSUMERS
- This Appendix solely applies if the Customer is acting as a consumer while purchasing the products and services via the Website. Such purchase shall constitute a distance contract as defined by article I.8.13° of the Code of Economic Law.
- In order to facilitate the Agreement, the Customer must communicate the following details to Andy before purchasing products or services via the Website: e-mail address, title, surname, name, date of birth, e-mail address and precise place of delivery. The Customer must also confirm that it is above 18 years of age to enter the Agreement.
- The Customer must accept the Agreement as part of the order process and the sale shall be concluded after the Customer confirms its order by clicking the order button “order”. Before confirming its order, the Customer shall have the possibility to identify and rectify any error made in data entry. The Customer shall receive a confirmation of its order and its shipment at the e-mail address communicated by the Customer.
- The Agreement may be concluded in the following languages: English only.
- Each delivery will be announced in an email containing the Customer’s invoice. The invoice shall state the transportation cost and the VAT amount. The delivery is accompanied by a delivery note, which also mentions the details of the delivered products.
- The Customer has the right to notify Andy, within fourteen (14) calendar days, counting from the day on which Customer or a third party (other than the carrier) as indicated by Customer acquires physical possession of the product, that Customer want to renounce its purchase, without having to pay any compensation and without having to specify a reason.
- The revocation is only valid insofar as the product(s) is/are actually returned within fourteen (14) working days after Customer has informed Andy that it wishes to renounce its purchase.
- The product(s) must be returned as new, in their original packaging, in perfect condition. All returns for which the sender/Customer cannot be identified, shall be refused. Once the period of fourteen (14) working days has passed, Andy can no longer accept the returned item, and the returned item shall be sent back to Customer at Customer’s expense.
- The returned item must be sent to the following address: Industrielaan 65, 1070 Anderlecht. The Customer is responsible for paying the return costs.
- A refund will be made within fourteen (14) days after Andy has been informed about Customer’s decision to withdraw from the Agreement in accordance with the provisions of this Agreement, provided that all of the above-mentioned conditions are met and that Andy has received the product(s) back, or until Customer have supplied evidence of having sent back the product(s). Under no circumstance shall the refunded amount be greater than the actual amount paid by Customer.
- Andy shall not refund any additional costs related to the type of delivery of the product(s) than the type of delivery which would have incurred the lowest delivery costs as proposed by Andy. Andy shall send an email at the moment it has received the returned item and at the moment Andy has requested its bank to make a refund.