General terms and conditions
V1.0 – June 10, 2021
Article 1 Company data
Oude Vierschaarstraat 12
Company number: BE 0786.526.082
Represented by director Isabelle De Pauw
Account number: BE55 3632 1110 1544
Hereinafter referred to in accordance with the trade name “Paveau“.
Article 2 Definitions
- In these terms and conditions, the following terms shall have the following meanings:
- “General Terms and Conditions“: these General Terms and Conditions which apply to any agreement concluded between Paveau and the Customer (hereinafter “Agreement“).
- “Special Terms and Conditions“: any specific terms and conditions that define the Agreement between the Customer and Paveau and that take precedence over the General Terms and Conditions, such as an accepted purchase order.
- “Goods“: all goods supplied by Paveau under an Agreement.
- “Customer“: the (future) contracting party of Paveau with whom an Agreement is established.
- “Webshop” means the online store offered by Paveau on which the Customer can order the Goods offered.
Article 3 Realization of the agreement – applicability of general conditions – amendments
- By placing an online order through the Webshop, the Customer acknowledges that he is acting for private purposes only. If the Customer wishes to place a business order, he must contact Paveau directly using the aforementioned contact details.
- The displayed Goods in our Webshop do not constitute an offer but rather an invitation for the Customer to treat. In order to purchase a Good and consequently to place an order, the Customer must place the desired Good in the shopping basket. Then the Customer must fill in certain data as well as the desired delivery method and payment method. After that, the Customer will get a summary of the desired Goods and the data and preferences provided by him. By clicking on the payment button, a binding order is placed by the Customer. Once Paveau confirms the order to the Customer by e-mail, the Agreement is validly concluded.
- Except in the case of the exercise of the statutory right of withdrawal, every order placed via the Webshop is binding. The Customer shall not be entitled to cancel the order and delivery of Goods via the Webshop and shall therefore be obliged to pay the full price in accordance with the order.
- This Agreement is exclusively governed by these General Terms and Conditions and any Special Terms and Conditions. By concluding the Agreement, the Customer is deemed to accept these General Terms and Conditions and therefore to completely waive the application of its own general terms and conditions.
- Amendments to the Agreement are always requested from and confirmed by Paveau in writing. If this causes additional costs or additional work, these may be charged by Paveau. Also, a requested change may extend the delivery period.
Article 4 Delivery
- Paveau shall make all reasonable efforts to deliver accepted orders without undue delay but at the latest within 30 days following the conclusion of the Agreement unless a specific delivery period has been agreed in any Special Terms and Conditions. However, the delivery period shall only commence after all amounts due for the Goods in question have been paid in full.
- If the delivery is delayed, the Customer must notify Paveau. In this case, Paveau shall make all reasonable efforts to still deliver the Goods to the Customer within the timeframe proposed by Paveau. Paveau cannot be held liable for any late delivery by the carrier if this was not reported by the Customer.
- If, despite an order placed, the ordered Goods should be out of stock, Paveau shall immediately reimburse the Customer for the amounts paid for the Goods concerned. Paveau can under no circumstances be held to deliver any Goods that are no longer in stock.
- In the event that Paveau is prevented from (further) executing the Agreement due to force majeure of a temporary nature, regardless of whether the force majeure was foreseeable, the delivery period referred to in the previous paragraph will be suspended until the situation of temporary force majeure has been rectified. If this situation of force majeure is permanent, Paveau is entitled to terminate the Agreement in whole or in part by written notice without any obligation to pay compensation, without prejudice to the right of Paveau to payment by the Customer for Goods already delivered by Paveau before a situation of force majeure occurred. Force majeure includes, but is not limited to: late or defective delivery by a supplier, bankruptcy or dissolution or take-over of a supplier, government intervention, terrorism, natural disasters, strikes, riots, robberies, unavailability of our computer systems, and any other situation beyond the reasonable control of Paveau.
- The risk of damage and / or loss of Goods rests with Paveau until the time of delivery to the Customer or to a carrier designated by the Customer, unless expressly agreed otherwise.
Article 5 Use of the Goods
- The Customer undertakes to use the Goods in accordance with the guidelines and instructions stated on the Webshop and on the user manual, if any, provided. In any case the Customer shall use the Goods in accordance with a reasonable and careful person.
- In particular, the Customer shall take into account, inter alia, the following:
- The Goods may be filled with any drinkable liquid such as water, fruit juice, soft drinks and so on. The Goods are not suitable for storing chemical and/or corrosive liquids such as detergents, degreasers, drain cleaners, frying oils and so on.
- The Goods are not suitable for storing boiling liquids, nor for storing liquids in a freezer.
- Goods consisting of colored bottles are not suitable for the dishwasher. Neighter is the twist-off cap.
- The Goods are not compatible with sparkling water devices.
Article 6 Price and payment
- All prices listed in the Webshop are final and total, including VAT. In addition, Paveau may charge shipping costs. The amount of shipping costs is always clearly stated before the customer places his order.
- If the Customer places an order via our Webshop, he must pay the amount due via the payment method chosen by the Customer, and this at the latest within 14 days following the placement of the order.
- In case of late payment of any amount due under the Agreement, Paveau is entitled to suspend all deliveries and take back the delivered Goods. In addition, in such a case, Paveau shall be entitled to compensation of 10% of the amount due (with a minimum of EUR 50.00) as well as a conventional interest on arrears in accordance with the legal interest rate.
- All delivered Goods remain the full property of Paveau until full payment of the amount due for the Goods in principal, taxes, interest and any shipping costs.
- If an Agreement is entered into on behalf of two or more natural or legal persons, they shall each be jointly and severally liable for the full performance of the obligations arising from the Agreement.
- In the event that the contractual relationship is terminated, Paveau may apply set-off between all mutually determined claims with the Customer, regardless of the time at which the claims in question become due and payable.
- Late payment of an invoice shall make all outstanding invoices due by operation of law, even if the due date of such invoices has not yet expired.
- The provision by Paveau of an account statement is sufficient to determine the amount of its claim against the Customer (including delivery of the Goods and services) and to provide proof thereof.
Article 7 Right of withdrawal
- When purchasing Goods through the Webshop, the Customer as a consumer has the right to return the Goods without compensation (except for depreciation) and without giving any reason during a period of 14 calendar days following the delivery of the Goods.
- During this period the Customer shall handle the Goods and the packaging with care. He shall only unpack or use the Goods to the extent necessary to assess whether he wishes to keep the product.
- If the Customer wishes to return the Goods, he must return the Goods to Paveau with all delivered accessories and – if reasonably possible – in the original excellent condition and in the original packaging, in accordance with the reasonable and clear instructions provided by Paveau.
- The Customer can register his return in the following ways:
- Either notify the exercise of this right via the contact page
- Either notify the exercise of this right by e-mail ().
- Either deliver the withdrawal form to Paveau: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf
- If the Customer returns one or more Goods, the cost of return shipment shall be borne by the Customer.
- If the Customer has paid an amount, Paveau will refund this amount within 14 calendar days of either the receipt by Paveau of the returned Goods, or the receipt of proof from the Customer that the Goods were returned, whichever comes first.
- Paveau may charge compensation for any depreciation of the Goods if this is a result of use beyond what is necessary to establish the nature, characteristics and functioning of the Goods, or if the Goods were returned damaged. This compensation will be set off against the amounts to be refunded to the Customer.
- Customer understands that it cannot return Goods that have been custom-made in accordance with the Customer’s specifications or wishes.
Article 8 Conformity, warranty and complaints procedure
- Paveau ensures that the Goods comply with the Agreement, with the stated specifications, with the reasonable requirements of reliability and / or usability and with the existing legal provisions and / or government regulations on the date of the conclusion of the Agreement.
- The consumer-Customer is entitled to the legal warranty period in accordance with the Belgian Consumer Sales Act which ends two years after delivery of the Goods. If the defect in conformity manifests itself within six months after delivery, the defect in conformity is deemed to have existed at the time of delivery. Thereafter, the consumer-Customer must prove that the defect in conformity was already present at the time of delivery.
- At the end of the legal warranty period referred to in the second paragraph, Paveau remains only responsible for hidden defects, which the Customer must notify Paveau of in writing, within 14 calendar days of becoming aware of the hidden defect, with a detailed description of the hidden defect.
- If the Customer acts as a consumer, he must report any visible or hidden defects to Paveau within two months of becoming aware of the visible defect. If the Customer acts as a business, this reporting period is one week from the knowledge of the defect. Notwithstanding the above, any case of glass breakage must be reported immediately but no later than 48 hours after delivery. In the absence of timely notification in accordance with this provision, the Customer loses his rights mentioned in this article.
- If a defect in the Goods is detected, Paveau will take back the Goods and either repair them or replace them with new ones. However, if the repair or replacement would be excessively costly or impossible for Paveau, the Customer shall be entitled to an appropriate price reduction or rescission of the Agreement.
- Any claim for damages made by the Customer against Paveau lapses automatically if it is not brought before the competent court within a period of one year after the facts on which the claim is based were known to the Customer or could reasonably have been known to him, without this period being able to expire on the part of the consumer-Customer before the legal warranty period of two years following delivery referred to in the second paragraph.
Article 9 Liability and Disclaimer of Warranties
- Paveau undertakes to provide the Customer, prior to the conclusion of the Agreement, with general information relating to the Goods and the Agreement. Paveau is not liable for the correctness, completeness or accuracy of the information provided to the Customer prior to the conclusion of the Agreement. Any error, incompleteness or inaccuracy shall not bind Paveau but shall be corrected by Paveau as soon as reasonably possible. The Customer acknowledges that the information on the Webshop is of a general nature and is not adapted to the personal or specific circumstances, wishes or goals of the Customer.
- Paveau undertakes to execute the Agreement to the best of its knowledge and ability (obligation of effort) but does not undertake any obligation to achieve a result. Paveau disclaims all warranties, express or implied, including, but not limited to, warranties of quality and fitness for a particular purpose.
- Under no circumstances shall Paveau be held liable for any damage resulting from any use of the Goods contrary to Article 5.
- The Webshop may contain hyperlinks to external web pages or refer to them indirectly. This in no way implies approval of their content by Paveau and Paveau is not liable for the content of such web pages.
- Paveau shall only be liable in the event of fraud, deceit and wilful misconduct. Notwithstanding the foregoing, Paveau shall not be liable for or obliged to compensate any intangible, indirect or consequential damages resulting from the Goods or the use of the Webshop, including (but not limited to) loss of profits, sales, revenue, production limitations, administrative or personnel costs, an increase in overhead, loss of customers or third party claims.
- Except in the case of fraud or deliberate error and except in the case of physical damage caused by the acts or omissions of Paveau, the total contractual and extra-contractual liability of Paveau for all damages that may occur in the context of the Agreement is at all times limited to the amount invoiced to the Customer for the order placed.
Article 10 Dissolution
- The Customer acknowledges that the following circumstances shall by operation of law give rise to the termination of the Agreement within the meaning of this article, unless Paveau waives such termination in writing and pursues performance of the Agreement, to which Paveau shall be entitled:
- The failure of the Customer to comply with its obligations under the Agreement within 14 calendar days after being reminded in writing to do so by Paveau, such as e.g. the non-payment by the Customer of the amounts due under the Agreement within 14 calendar days after being reminded in writing by Paveau.
- Bankruptcy, collective debt settlement or dissolution of the Customer.
- Refusal to accept the delivery of the Goods.
Article 11 Intellectual Property
- All trademarks, models, designs, inventions, studies, drawings, sketches, photographs, texts, software, know-how, and in general all carriers in which the intellectual performances of Paveau or third parties appear or are contained, either in relation to the Goods themselves or in relation to the Webshop, remain at all times the property of Paveau or of any third-party holders. The aforementioned items, including any preparatory material, may not under any circumstances be reproduced, modified, publicly communicated, decompiled, etc., even partially, without the written permission of Paveau or any third-party holders.
- The Customer hereby expressly waives the possibility of invoking any right concerning the items mentioned in the first paragraph and of using the information obtained to make an application for an intellectual protection right.
- The Customer fully indemnifies Paveau for any claim by, or liabilities to, third parties as a result of any use of the Goods or the Webshop that violates or may violate the rights of third parties.
Article 12 Processing of personal data
- Paveau processes certain personal data from the Customer. For more information on how Paveau handles your personal data, please see our privacy statement and cookie statement.
Article 13 Nullity clause
- The nullity or unenforceability of any provision of these General Terms and Conditions shall nevertheless retain its maximum permissible effect and shall not affect the validity or enforceability of the remaining provisions of these General Terms and Conditions.
Article 14 Applicable law and competent court
- The Agreements between Paveau and the Customer to which these General Terms and Conditions relate are governed exclusively by Belgian law.
- All disputes under the Agreement are subject to the jurisdiction of the following courts:
- The courts with material and territorial jurisdiction over the Customer’s domicile if the Customer is acting as a consumer.
- The courts with material and territorial jurisdiction over the registered office of Paveau if the Customer acts as a company.
- Notwithstanding the previous paragraph, if the Customer acts in the capacity of a consumer, disputes arising from the Agreement may be submitted by both the Customer and Paveau to the Consumer Ombudsman Service (consumentenombudsdienst.be).