1. Acceptance and application
1.1 Subject to an explicit and written agreement to the contrary, any agreements, orders and any deliveries arising shall be governed by the terms and conditions stated below. The client shall accept these terms and conditions merely by negotiating or concluding an agreement with BVBA NANEX COMPANY.
1.2. The registered offices of BVBA NANEX COMPANY are located at 9990 MALDEGEM (BELGIUM), Kleine Bogaardestraat 57 and is registered at the Crossroads Bank of Enterprises under the number BE 0550.959.802. The general contact e-mail address is firstname.lastname@example.org.
1.3 The client acknowledges that he, she or it has taken due note of these terms and conditions in all of his, her or its written and printed provisions. The client acknowledges that these terms and conditions constitute the full text of the agreement formed between parties and that they replace and annul any previous oral or written proposals or arrangements and any other communication between parties to date.
1.4 The possible nullity of one or more clauses of these general terms and conditions shall not prejudice the applicability of any other clauses.
1.5. Subject to an explicit and written agreement to the contrary, the contract terms and conditions below shall prevail over any contract terms and conditions appearing in any of our contracting partner’s documents, and the latter must be regarded as non-existent.
2. Purchases, availability, product information and cancellation
2.1 All orders can be placed on the website www.nanexcompany.com .
2.2 BVBA NANEX COMPANY gives a complete and truthful description of the articles offered on their website. The images and videos that are displayed are for illustrative purposes only. The description is based on information that BVBA NANEX COMPANY received from their manufacturer or supplier. An incorrect description is not binding for BVBA NANEX COMPANY and cannot result in any termination of the agreement or compensation.
2.3 In case the ordered article is no longer in stock, BVBA NANEX COMPANY agrees to notify the customer by e-mail within 5 days of receipt of the order.
2.4 If an offer has a limited period of validity or if it is subjected to conditions, this is explicitly stated in the offer.
2.5 The purchase agreement is legally binding made from the moment of the final placing of the order on the website www.nanexcompany.com. The customer will receive a confirmation email that the order is placed. If the customer does not receive a confirmation email within the two days after placing the order, the customer undertakes to contact BVBA NANEX COMPANY.
2.6 The order can be cancelled free of charge if the order is not yet sent to the customer. The customer must contact BVBA NANEX COMPANY by e-mail at email@example.com. Payment will be refunded within 7 days by BVBA NANEX COMPANY. In case the shipment has already been shipped, the order can no longer be cancelled free of charge.
3. Prices and shipping costs
3.1 All prices are expressed in the currency Euro and include the VAT.
3.2 The customer has to pay for the shipping costs. The shipping costs are calculated on the total order and will be displayed on payment.
3.3 In case of incorrect data from the customer, a new shipping cost will be charged.
3.4 BVBA NANEX COMPANY reserves the right to adjust the prices on its website.
3.5 Any prices which BVBA NANEX COMPANY communicates in the context of quotations shall at all times be subject to contract, unless it has been explicitly specified that they are final. Any final prices indicated in quotations shall only be valid for a period of 15 days. All prices exclude VAT.
4.1 The customer must pay online via the secure Paypal system immediately after placing the order. Payment system information ‘Paypal’ can be found on the website https://www.paypal.com. In addition, the customer can also pay via the payment methods Stripe, Maestro, Sofort and Ideal.
4.2 Payment is also possible with Mastercard, Visa and other credit cards.
4.3 BVBA NANEX COMPANY reserves the right to suspend its services and terminate the agreement unilaterally in the case of non-payment and in no event whatsoever can it be held liable for any damage whatsoever.
4.4 For the companies invoices shall be payable within 8 days of the invoice date. If the invoice has not been paid on the due date, contractual interest at an interest rate of 1% per month, where every month commenced counts as a full month, shall be owed ipso jure and without any notice of default. In case of delayed payment, fixed compensation for damages in the amount of 15% of the outstanding invoice amount, with a minimum of EUR 50 and a maximum of EUR 2,500, shall also be owed ipso jure and without any notice of default.
5.1 The customer must enter the address of delivery correctly when placing the order and is solely responsible for this. The delivery will be made at the entered address within 3 working days after the receipt of the payment. The delivery periods stated by BVBA NANEX COMPANY shall be indicative and non-binding, unless explicitly agreed otherwise. The periods shall always be expressed in working days. Any delay in the delivery can in no event whatsoever give rise to a right to cancel an order or to compensation for damages.
5.2 BVBA NANEX COMPANY delivers her products solely to consumers in Belgium, the Netherlands, Luxembourg and England.
5.3 If delivery is delayed or in case an order can not be executed / only partially, the customer will receive a notification by e-mail no later than 10 working days after placing the order.
5.4 The risk of damage or loss of articles lies with BVBA NANEX COMPANY until shipment of the goods to the customer.
6. The right of cancelling and returning the order for the consumer
6.1 The consumer can revoke the purchase of an item free of charge within 14 days of the date of delivery in accordance with Article VI.47 of the Economic Law Code of Belgium. The cancellation must be reported by e-mail to BVBA NANEX COMPANY at the e-mail address firstname.lastname@example.org.
6.2 The consumer must return the articles, in original condition and packaging, to the registered office of BVBA NANEX COMPANY no later than 14 days after the notification of revocation. The customer shall be responsible for the return costs.
6.3 The risk and the burden of proof regarding the correct exercise of the right of cancelling and returning the order lies with the consumer.
6.4 BVBA NANEX COMPANY agrees to repay the items within 7 working days of receipt of the articles in original condition and packaging.
7.1 Any complaints regarding the services provided, invoices and any visible defects must be reported to BVBA NANEX COMPANY by registered letter within 8 working days after the invoice/performance/delivery. In absence of a registered letter sent to BVBA NANEX COMPANY, any complaint shall be rejected ipso jure. Personal interventions by the client shall render any grounds for a possible complaint or liability null and void.
8. Force Majeure
8.1 In the case of force majeure, BVBA NANEX COMPANY is not obliged to meet its obligations to the customer, at least they are suspended for the duration of the force majeure.
8.2 Force majeure means, inter alia (non-limiting), each of its own independent circumstances, which completely or partially obstructs compliance with its obligations towards the customer.
9. Processing personal data
9.1 The information provided by the customer is necessary for processing and completing the orders. In case the correct data is missing, the order will be cancelled.
9.2 The personal data provided are stored in the information system of BVBA NANEX COMPANY. It undertakes to use this information solely for the purpose of executing the agreements. This information can also be used to inform the customer about its marketing and activities.
9.3 The client shall be able to delete, access, correct or change his, her or its personal data by addressing a dated and signed letter to BVBA NANEX COMPANY or by sending an e-mail to the address email@example.com. Under no circumstances shall these personal data be transferred to third parties.
10.Ownership and intellectual property rights
10.1 All products, labels, videos, images, website pages, designs, studies, intellectual property rights, … are the exclusive property of BVBA NANEX COMPANY. They may not be used, communicated or copied in any event, even in part, without the permission of BVBA NANEX COMPANY
10.2 Ownership of products delivered shall only and exclusively be transferred upon payment in full of both the principal sum and any interest, damages and costs owed. Until such time, the client shall be forbidden to pledge the goods or to restrict or cancel the power to keep the goods at their disposal to the detriment of BVBA NANEX COMPANY by providing any security. However, the customer shall be obliged to insure the goods against any risk and to store them as of the delivery.
11. Unauthorised use and indemnity
11.1 The customer has to use the delivered products with due care and diligence. The Customer may not use any product to commit any infringement, cause damage or barrier to BVBA NANEX COMPANY or third parties. The customer will take into account the specifications, the listings shown on the packaging of products, the documentation and the instructions of BVBA NANEX COMPANY. The activities of the customer may not give rise to this.
11.2 The Customer will indemnify BVBA NANEX COMPANY against all costs, claims, damages, expenses, procedural costs, etc … of third parties associated with the performance of this agreement and the authorized use of BVBA NANEX COMPANY its products.
12.1 In no event shall BVBA NANEX COMPANY be liable for any indirect damage or consequential loss. BVBA NANEX COMPANY can not be held liable for any failure of its products.
12.2 The customer shall be solely liable for the proper use of the product, taking into account the specifications, documentation and instructions of BVBA NANEX COMPANY.
12.3 BVBA NANEX COMPANY will be liable to the customer solely for the actual past and proven damages arising from the commitments entered into with the BVBA NANEX COMPANY, thus excluding any other implied or non-written obligations. The liability of BVBA NANEX COMPANY will in any case not exceed the total of the invoices paid by the customer.
12.4 The restrictions contained in this article do not apply to intent and gross debt under BVBA NANEX COMPANY.
13.1 The rights and obligations arising from this agreement concluded with BVBA NANEX COMPANY for the customer shall not be transferred in whole or in part to third parties without the prior written consent of BVBA NANEX COMPANY.
13.2 If any provision of this agreement concluded with BVBA NANEX COMPANY or its application for any party or circumstance would or will not be possible at any level, it will not affect the rest of the agreement.
14. Applicable law and exclusive jurisdiction
14.1 BVBA NANEX COMPANY shall only be subject to suit in the jurisdiction where its registered office is located. To the extent that BVBA NANEX COMPANY is the claimant, only the courts of Ghent are authorized.
14.2 Belgian law shall apply exclusively.