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Notre métier : L’eau purement et simplement.

Terms and Conditions [ FR ] [ NL ]

TERMS AND CONDITIONS OF DIMM

 

1. DEFINITIONS

1.1 For purposes of these Terms and Conditions (as defined below):

a. "DIMM SA" means the limited company (société anonyme) D.I.M.M., with its registered office at Nijverheidsstraat 47/A, 8970 Poperinge, registered with the Crossroads Enterprise Database (BCE) under number 0443.974.443.

b. "The Contracting Party" means any natural or legal person, their agents or representatives, in their professional capacity, that concludes or wishes to conclude a contract with DIMM SA via the website www.dimm-shop.fr (hereinafter referred to as the "Website"), by phone or by any other means.

c. "Goods" means the Goods supplied by DIMM SA to the Contracting Party.

 

2. SCOPE OF THESE TERMS AND CONDITIONS

2.1 these general terms and conditions (hereinafter referred to as the "general terms and conditions") exclusively govern contractual relations between tHe contracting party and DIMM SA. These general terms and conditions are the only applicable terms and conditions and supersede any other conditions which may be mentioned in letters, documents, orders etc. from the contracting party.

 

3. ORDERS AND OFFERS

3.1 each offer, regardless of its form, shall be binding ON DIMM sa for a period of thirty days only, starting on the day following the offer date. Written acceptance OF DIMM sa's offer must be received by the latter, duly signed for agreement, no later than the last day of this period.

3.2 Unless previously agreed otherwise in writing (including by e-mail) or if an offer is sent back within the period and signed for agreement in accordance with Article 3.1, Goods shall be invoiced at the prices in effect on the day of receipt of the order, in accordance with the offer issued pursuant to Article 3.1. For online orders, Goods shall be invoiced at the prices indicated on the Website.

3.3 orders and assignments accepted by our agents, intermediaries, representatives or any other person acting on our behalf are valid only after written acceptance (including by e-mail) BY DIMM sa.

3.4 The prices and information mentioned in our prospectuses and catalogues are indicative only and cannot be construed as an offer BY DIMM SA.

3.5 despite the fact that the website is as accurate as possible, the information provided may be incomplete, contain material errors or not be updated. If you have specific questions about the goods, DIMM sa recommends that you contact customer service at http://www.dimm-shop.fr/contacts/.

3.6 DIMM sa reserves the right to modify its prices and shipping charges at any time for future orders and to cancel an order placed online in the event of an obvious pricing mistake.

 

4. DELIVERY

4.1 delivery times are indicative only, and failure to respect these deadlines cannot give rise to termination of the contract or a claim for damages.

4.2 War, revolt, strike, natural disaster, accident and any other event that hinders or obstructs supply, the means of transport or the processing of orders BY DIMM sa shall constitute without discussion an event of force majeure justifying the delay or suspension of the contract, or even its total or partial termination, without the possibility for the contracting party to cancel the contract or claim damages.

4.3 All goods or spare parts shall be shipped or transported at the expense and risk of the contracting party. shipping and transportation costs shall be invoiced to the contracting party as well as the costs of special packaging. For online orders, fees are indicated on the website.

4.4 in the event of damage during shipment or carriage, the contracting party shall have a right of recourse against the postal service or carrier; DIMM sa does not have an insurance policy for shipment or transport.

4.5 DIMM sa shall only be obliged to replace non-conforming items if the delivered goods do not conform to the order, without any compensation being due the contracting party.

 

5. PAYMENT TERMS AND DELAY IN PAYMENT

5.1 DIMM sa's invoices are payable at Poperinge (Belgium), in full and without a discount, unless the parties have agreed otherwise in writing.

5.2 payment by bank draft or any other arrangement shall not constitute novation or derogation from these general terms and conditions.

5.3 in the absence of payment by the due date, interest at the statutory rate plus fifty percent shall be due by operation of law and without prior notice, per indivisible month, until the date of payment in full. Each past due balance shall be increased by 15%, with a minimum OF EUR 100 and a maximum OF EUR 5,000, as a fixed and irreducible compensation.

5.4 Any delay in payment by the contracting party shall automatically trigger, without prior notice, as from the day following the settlement date appearing on the invoice, penalties for late payment calculated at the interest rate applied by tHe europeAn centrAl bank to its most recent refinancing transaction plus ten percentage points as well as a fixed amount OF EUR 40 for recovery costs.

5.5 if an amount due is not paid by its due date, any other outstanding balance, whether invoiced or not, shall become due by operation of law and without prior notice. In this case, DIMM sa reserves the right to cancel or suspend the order, as well as any other orders placed by the contracting party, in whole or in part, or to request any guarantees it deems useful.

5.6 prior to the conclusion of the contract, DIMM sa reserves the right to request payment guarantees from the contracting party.

 

6. NON-PAYMENT

6.1 in the event of non-payment, DIMM sa can terminate the contract by operation of law (an express termination clause) within 48 hours after a formal notice remains unanswered and request that the goods be returned at the contracting party's expense, without prejudice TO DIMM sa's right to claim any other damages.

6.2 in the event the contract is terminated, the contracting party shall owe by operation of law and without prior notice fixed damages of thirty percent (30%) without prejudice TO DIMM sa's right to claim a higher amount for actual harm suffered.

6.3 termination shall extend not only to the order in question but to all previous unpaid orders, whether delivered or in the course of delivery and regardless of whether payment is due.

6.4 in the event of payment by means of commercial paper, failure to return the instrument shall be considered, by operation of law and without prior notice, as a refusal of acceptance assimilated to a non-payment.

 

7. WARRANTY

7.1 DIMM sa grants a warranty for tHe goods only if the goods have not been used by tHe contracting party and are returned, at the contracting party's expense, in their original packaging with DIMM sa's prior consent.

7.2 in the event of return for repair, return shall be at the contracting party's expense. further, after repair, the goods shall be sent back BY DIMM sa to the contracting party at the latter's expense.

7.3 The warranty provided BY DIMM sa for goods delivered by it shall be valid for a period of one year from the date of purchase by the contracting party.

7.4 The following are excluded from the warranty : consumables, breakage, damage caused by shock, normal wear and tear, damage due to negligence, lack of supervision or maintenance, misuse and in particular the use of inappropriate products, poor electrical connections, intervention and repair by third parties.

7.5 repair, modification or replacement of parts during the warranty period shall not result in an extension of the warranty.

7.6 All warranties OF DIMM sa are linked to those of the manufacturers. The contracting party may not hold DIMM sa liable if an event of force majeure results in a delay in or the impossibility of performance of the warranties.

7.7 spare parts supplied BY DIMM sa in return for payment are guaranteed in accordance with the preceding provisions for a period of six months from the invoice date.

7.8 DIMM sa reserves the right to change, replace or remove the goods offered for technical or commercial reasons and this without prior notice.

 

8. RETENTION OF TITLE

8.1 DIMM sa retains title to the goods sold until the receipt of payment in full of the purchase price for the goods and any appurtenances.

8.2 in the event of resale, DIMM sa also retains the right to claim the price of the goods held by the subsequent purchaser. This retention of title is transferred to the resale price ("effective subrogation").

8.3 All risks of any kind including unforeseeable events and events of force majeure as well as custody are transferred to the contracting party.

8.4 Non-payment on a due date may result in a claim for all goods ordered by the contracting party, even if the goods were ordered separately and /or have already been paid for.

 

9. MISCELLANEOUS

9.1 if any provision of these general terms and conditions is found to be invalid in whole or in part, the remaining provisions shall not be affected and shall remain valid.

9.2 All relations between the contracting party and DIMM sa shall be governed By belgian law, and the courts of Ypres (Belgium) shall have exclusive jurisdiction to settle any dispute whatsoever, including warranty claims and in the event of multiple defendants. if the dispute falls within the material jurisdiction of the justice of the peace, the justice of the peace In Ypres 2 - Poperinge shall have sole jurisdiction.

9.3 DIMM sa and the contracting party hereby agree to exclude the application of articlES XII.7 §1, XII.8 aND XII.9 of the code of business law.

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