General Terms and Conditions
1. Acceptance and application
1.1. Except for an explicit and written agreement to the contrary, all agreements, quotations, offers, orders, and all resulting deliveries and sales entered into by PROBIBEL BV, are governed by the following terms and conditions.
1.2. The registered office of PROBIBEL BV is located in 2018 Antwerp at Arthur Goemaerelei 3 and it is known under the company number BE 0743.770.759. The general e-mail address is firstname.lastname@example.org.
1.3. These terms and conditions are accepted by the customer by the mere fact of negotiating or entering into an agreement with PROBIBEL BV. The client acknowledges having read these terms and conditions in all their written and printed provisions. He or she acknowledges that these terms and conditions constitute the integral text of the agreement reached between the parties, and supersede and annul all previous oral or written proposals or agreements, as well as any other communication made between the parties to date.
1.4. The nullity of one or more clauses of these general terms and conditions does not affect the applicability of all other clauses.
1.5. Unless explicitly agreed otherwise in writing, the following general terms and conditions take precedence over the general terms and conditions appearing on the documents of our co-contracting party and the latter must be regarded as non-existent. When an offer from PROBIBEL BV is accepted by the customer, a complete and legally valid agreement is considered to have been made.
2. Purchases, availability, product information and cancellation.
2.1 All orders can be placed on the website www.yokuu.be.
2.2 PROBIBEL BV gives a complete and truthful description of the articles offered on its website. The images and videos shown are for illustrative purposes only. The description is based on information PROBIBEL BV received from the respective manufacturer or supplier. An incorrect description does not bind PROBIBEL BV and cannot lead to a possible termination of the agreement or compensation.
2.3 In the event that the article ordered is no longer in stock, PROBIBEL BV undertakes to notify the client by e-mail within 5 days of receiving the order.
2.4 If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2.5 The purchase agreement is deemed to be concluded from the moment the order is definitively placed on the website www.yokuu.be. The client will receive a confirmation email of this order. If the client does not receive a confirmation email within two days of placing the order, the client undertakes to contact PROBIBEL BV.
2.6 The order may be cancelled free of charge prior to dispatch. To do so, the client must contact PROBIBEL BV by email at email@example.com. The payment will be reimbursed by PROBIBEL BV within 7 days. If the order has already been dispatched, it cannot be cancelled free of charge.
3. Prices and shipping costs.
3.1 All prices are shown in the currency of the articles and include VAT.
3.2 The customer is responsible for the shipping costs. The shipping costs are calculated on the total order and will be displayed at the time of payment.
3.3 If the customer provides incorrect data, a new shipping cost will be charged.
PROBIBEL BV reserves the right to unilaterally adjust prices on its website.
3.5 Prices communicated by PROBIBEL BV within the framework of offers are always without obligation, unless it is explicitly stated that they are definitive. The final prices given in offers are only valid for a period of 15 days. All prices are exclusive of VAT.
4.1 Immediately after placing the order online, the customer must make a payment using the secure system 'Paypal'. Information concerning the 'Paypal' payment system can be found on the website https://www.paypal.com. In addition, the customer may also pay by Stripe, Maestro, Sofort, Ideal and Bancontact.
4.2 The customer can pay by means of Mastercard, Visa and other credit cards.
4.3 PROBIBEL BV reserves the right to suspend its services and to unilaterally terminate the agreement in the event of non-payment, and can in no way be held liable for any damages whatsoever.
4.4 With regard to companies, invoices are payable within 8 days of the invoice date. If the invoice has not been paid on the due date, a contractual interest of 1% per month shall be payable, ipso jure and without any notice of default, with each started month counting for a full one. In the event of late payment, a fixed compensation of 15% of the outstanding invoice amount, with a minimum of EUR 50 and a maximum of EUR 2,500, shall also be payable by operation of law and without any notice of default.
5.1 The customer must correctly enter the delivery address when placing the order and is solely responsible for this. The delivery will be made to the aforementioned address within 3 working days after receipt of payment. This period is purely indicative and in no way binding for PROBIBEL BV. Delays in delivery do not entitle the buyer to cancel an order or claim damages.
5.2 PROBIBEL BV delivers its products exclusively to consumers in Belgium, the Netherlands, Luxembourg, England, France and Germany.
5.3 If the delivery is delayed, or in the event that an order cannot be fulfilled/only partially fulfilled, the customer will be informed by e-mail within 10 working days after he/she has placed the order.
5.4 The risk of damage or loss of items rests with PROBIBEL BV until the goods are dispatched to the client.
6. Right of withdrawal
6.1 The consumer may revoke the purchase of an item free of charge within a period of 14 days from the time of delivery, in accordance with Article VI.47 of the Economic Code. The withdrawal must be notified by e-mail to PROBIBEL BV at the e-mail address firstname.lastname@example.org.
6.2 The consumer must return the items, in their original condition and packaging, to the registered office of PROBIBEL BV within 14 days of the notification of withdrawal at the latest. The customer is responsible for the return costs.
6.3 The risk and burden of proof of the proper exercise of the right of withdrawal shall lie with the consumer.
6.4 PROBIBEL BV undertakes to refund the articles within 7 working days of receipt of the articles in their original state and packaging.
7.1 Complaints concerning the delivery of articles/invoices must be sent by registered mail to the address of the registered office within 8 days after receipt of the articles/invoices.
8. Force majeure
8.1 In case of force majeure PROBIBEL BV is not obliged to fulfil its obligations towards the client, at least they are suspended for the duration of the force majeure.
8.2 Force majeure shall include (but not be limited to) all circumstances beyond its control, as a result of which the fulfilment of its obligations towards the customer is prevented in whole or in part.
9. Protection of personal data
9.1 The information provided by the customer is necessary for the processing and completion of orders. If the correct information is missing, the order will be cancelled.
9.2 The personal data provided will be stored in the computer system of PROBIBEL BV. It undertakes to use this data exclusively for the execution of the agreements. This data can also be used to inform the client about its marketing and activities.
9.3 The client may consult, correct or modify his personal data by sending a signed and registered letter to PROBIBEL BV. Under no circumstances will this personal information be passed on to third parties.
Property and intellectual property rights
10.1 All products, labels, videos, images, website pages, designs, studies, intellectual property rights, etc. remain the property of PROBIBEL BV at all times. Under no circumstances may they be used, communicated or copied, even partially, without the permission of PROBIBEL BV.
10.2 Transfer of ownership of delivered goods takes place only and exclusively upon full payment of both the principal sum and the interest, damages and costs due. The delivered goods thus remain, in deviation from article 1583 of the Civil Code, the exclusive property of PROBIBEL BV until the moment of full payment by the customer. Until such time, the client is forbidden to pledge the goods, or to limit or nullify their free disposal through any kind of security, to the detriment of PROBIBEL BV. However, the client is obliged to insure the goods against all risks from the moment of delivery.
11. Authorised use and indemnification
11.1 The client must use the offered products with due diligence. The client may not in any way use the products to commit an offence or cause damage or inconvenience to PROBIBEL BV or third parties. The client will take into account the specifications, the indications on the packaging of the products, the documentation and the instructions of PROBIBEL BV. Nor should the client's activities give rise to any such concern.
11.2 The client will indemnify PROBIBEL BV against all costs, claims, damages, expenses, procosts, etc... of third parties in connection with the execution of this agreement and the lawful use of PROBIBEL BV products supplied.
12.1 Liability for indirect or consequential damage is excluded under all circumstances. PROBIBEL BV can thus in no way be held liable for the possible failure of its products.
12.2 The customer is solely responsible for the proper and lawful use of the products, taking into account the specifications, the indications on the packages of the products, the documentation and the instructions of PROBIBEL BV.
12.3 PROBIBEL BV will only be liable to the client for actual and proven damage resulting from the obligations contained in the agreements concluded with PROBIBEL BV, to the exclusion of any other implicit or non-written obligations. In any case, PROBIBEL BV's liability will not exceed the total amount invoiced to and paid by the client for the purchase price.
12.4 The restrictions in this article do not apply to intent and gross negligence on the part of PROBIBEL BV.
13.1 The client's rights and obligations arising from the agreements concluded with PROBIBEL BV may not be transferred, either in part or in full, to third parties without the prior written consent of PROBIBEL BV.
13.2 If a provision of an agreement concluded with PROBIBEL BV or the application thereof should become or be unenforceable for any party or circumstance at any level, this shall not affect the rest of the agreement.
14. Applicable law and exclusive competence
14.1 PROBIBEL BV can only be sued in the court of the jurisdiction where its registered office is located. Insofar as PROBIBEL BV acts as claimant, only the courts of the district of Antwerp are competent.
14.2 Only Belgian law shall apply.