General terms and conditions RAIDA
- RAIDA: Cool Electro Cycles BV, located at de Smet de Naeyerlaan 98 , 8370 Blankenberge, Belgium under company number BE0600900548.
- Customer: any physical or legal person who has entered into a contract with RAIDA.
- Parties: RAIDA and customer together.
- Consumer: a customer who is also an individual acting as a private person.
Article 1 - Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, contracts and deliveries of services or products by or on behalf of RAIDA.
- The parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
Article 2 - Offers and tenders
- RAIDA's offers and quotations are without obligation unless expressly stated otherwise therein.
- An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable deadline, the offer or quotation shall lapse.
- Offers and quotations do not apply to repeat orders unless the parties have expressly agreed in writing.
Article 3 - Acceptance
- Upon acceptance of an offer or quotation without obligation, RAIDA reserves the right to withdraw the offer or quotation as yet within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
- Oral acceptance by the customer shall only bind RAIDA after the customer has confirmed it in writing (or electronically).
Article 4 - Prices
- All prices quoted by RAIDA are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
- All prices charged by RAIDA for its products and services, on its website or otherwise made known, may be changed by RAIDA at any time.
- Increases in the cost price of products or parts of products which RAIDA could not foresee at the time the offer was made or the agreement concluded may give rise to price increases.
- The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.
- The price relating to a service shall be determined by RAIDA on the basis of actual hours spent.
- The price shall be calculated according to RAIDA's usual hourly rates, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
- Where the parties have agreed a total price for a service provided by RAIDA, this shall always be a guide price, unless the parties have expressly agreed in writing a fixed price from which no deviation can be made.
- RAIDA is entitled to deviate from the target price up to 10%.
- If the target price is going to be more than 10% higher, RAIDA should inform the customer in a timely manner why a higher price is justified.
- If the target price goes up by more than 10%, the customer is entitled to cancel the part of the order that exceeds the target price plus 10%.
- RAIDA has the right to adjust prices annually.
- Prior to its effective date, RAIDA will communicate price adjustments to the customer.
- The consumer has the right to terminate the contract with RAIDA if he does not agree with the price increase.
Article 5 - Payments and payment term
- Products with a value of less than €2,500 will be paid for directly in the shop, unless otherwise agreed.
- Products with a value of more than €2,500 will be paid for collection or shipping.
- RAIDA may require a deposit of up to 50% of the agreed amount when entering into the contract for a service.
- In the case of exceptionally agreed retrospective payments, the customer must have paid within 7 days of delivery of the products or services, unless the parties have made other agreements in this regard or the invoice states a different payment term.
- Payment deadlines are considered to be strict payment deadlines. This means that if the client has not paid the agreed amount no later than the last day of the payment period, he is legally in default and in breach of contract, without RAIDA having to send the client a reminder or give notice of default.
- RAIDA reserves the right to make a delivery conditional on immediate payment or to require security for the total amount of the service or product.
Article 6 - Consequences of late payment
- If the customer fails to pay within the agreed period, RAIDA is entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day the customer is in default, with part of a month counting for a whole month.
- If the customer is in default, he shall also owe extrajudicial collection costs and any damages to RAIDA.
- Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
- If the customer fails to pay on time, RAIDA may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, RAIDA's claims against the customer shall be immediately due and payable.
- If the customer refuses to cooperate in RAIDA's performance of the contract, he is still obliged to pay the agreed price to RAIDA.
Article 7 - Right of complaint
- Once the customer is in default, RAIDA shall be entitled to invoke the right of complaint in respect of the unpaid products delivered to the customer.
- RAIDA invokes the right of claim by written or electronic communication.
- As soon as the client is informed of the invoked right of complaint, the client should immediately return the products to which this right relates to RAIDA, unless the parties agree otherwise.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Article 8 - Right of withdrawal
- A consumer may cancel a (online) purchase during a 14-day cooling-off period without giving any reason provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been customised or adapted especially for the consumer it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
- the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not concern accommodation, travel, restaurant business, transport, catering or leisure activities
- the product is not a loose magazine or newspaper
- it does not concern an (order for) emergency repair
- it does not involve betting and/or lotteries
- the consumer has not waived his right of withdrawal
- it does not concern a service that will be fully performed with the customer's consent within the 14 calendar days cooling-off period and for which the customer has expressly waived the right of withdrawal
- the product is not registered or inscribed in the customer's name
- The 14-day cooling-off period mentioned in paragraph 1 starts:
- On the day after the consumer receives the last product or part of 1 order
- Once the consumer has concluded the agreement supplying the service
- Once the consumer has confirmed that they will purchase digital content over the internet
- Consumers can make their right of withdrawal known at email@example.com.
- The consumer shall be obliged to return the product to RAIDA within 14 days of having expressed his right of withdrawal, failing which his right of withdrawal shall lapse.
Article 9 - Reimbursement of delivery costs
- If the consumer has exercised his right of withdrawal in time and as a result has timely returned the entire order to RAIDA, RAIDA will refund any shipping costs paid by the consumer to the consumer within 14 days of receiving the timely fully returned order.
- The cost of returns shall be borne by RAIDA only insofar as the entire order is returned.
Article 10 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 11 - Right of retention
- RAIDA may invoke its right of retention and, in that case, retain products of the customer until the customer has paid all outstanding bills against RAIDA, unless the customer has provided adequate security for those costs.
- The lien also applies on the basis of previous contracts from which the customer still owes payments to RAIDA.
- RAIDA shall never be liable for any damage the customer may suffer as a result of exercising its right of retention.
Article 12 - Set-off
Unless the customer is a consumer, the customer waives its right to set off a debt to RAIDA against a claim against RAIDA.
Article 13 - Retention of title
- RAIDA remains the owner of all products delivered until the client has fulfilled in full all his payment obligations to RAIDA under any contract entered into with RAIDA, including claims for failure to perform.
- Until such time, RAIDA may invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If RAIDA invokes its retention of title, the contract shall be deemed to be terminated and RAIDA shall be entitled to claim damages, lost profits and interest.
Article 14 - Delivery
- Delivery will take place while stocks last.
- Delivery will take place at one of the shops of the RAIDA network, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address specified by the customer.
- If the agreed amounts are not paid or not paid on time, RAIDA shall be entitled to suspend its obligations until the agreed part is still paid.
- Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against RAIDA.
Article 15 - Delivery time
- The delivery times stated by RAIDA are indicative and, if exceeded, shall not entitle the customer to rescission or compensation unless the parties have expressly agreed otherwise in writing.
- The delivery period shall commence after the offer to RAIDA signed for agreement by the client has been confirmed in writing or electronically by RAIDA to the client.
- Exceeding the stated delivery time does not entitle the customer to compensation or the right to rescind the contract, unless RAIDA is unable to deliver within 14 days of being given written notice or the parties have agreed otherwise in this regard.
Article 16 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 17 - Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.
Article 18 - Packaging and shipment
- If the packaging of a delivered product is opened or damaged, the customer should, before taking delivery of the product, have a note of this made by the forwarding agent or delivery person, failing which RAIDA cannot be held liable for any damage.
- If the Client arranges for the transport of a product himself, he should report any visible damage to products or the packaging to RAIDA prior to transport, failing which RAIDA cannot be held liable for any damage.
Article 19 - Insurance
- The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered items necessary for the performance of the underlying agreement
- items of RAIDA present at the customer's premises
- goods delivered under retention of title
- The customer shall make the policy of such insurance available for inspection at RAIDA's first request.
Article 20 - Retention
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.
- Customers will receive notification by SMS, email or phone of a completed repair. If the customer does not collect the repaired product from Raida within 6 months of notification, these products will be donated to a charity of Raida's choice
Article 21 - Assembly/Installation
Although RAIDA endeavours to carry out all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intent or gross negligence.
Article 22 - Warranty
- Where the parties have entered into an agreement of a service nature, it contains for RAIDA only an obligation of effort and therefore no obligation of result.
- The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- For products, whether or not a guarantee is accepted is always done by the supplier who delivered the defective product to RAIDA, according to the terms of the supplier's guarantee policy.
- Products are guaranteed for 24 months from the date of the purchase invoice (unless otherwise stated).
- If warranty applies, the defect will be repaired or replaced to the standards of the supplier who delivered the product to RAIDA. RAIDA is never obliged to deliver a new product to the customer.
Article 23 - Execution of the agreement
- RAIDA shall perform the contract to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- RAIDA has the right to have the agreed services (partially) performed by third parties.
- Execution of the agreement shall take place by mutual agreement and after written agreement and payment of any agreed advance by the customer.
- It is the customer's responsibility to ensure that RAIDA can commence performance of the contract in a timely manner.
- If the customer has not ensured that RAIDA can begin performance of the contract on time, the resulting additional costs and/or additional hours shall be borne by the customer.
Article 24 - Provision of information by the customer
- The Client shall make available to RAIDA all information, data and documents relevant to the proper performance of the contract in due time, in the desired form and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
- If and to the extent requested by the customer, RAIDA will return the relevant documents.
- If the client fails to make available the information, data or documents reasonably required by RAIDA, or fails to do so on time or properly, and the performance of the agreement is delayed as a result, the resulting extra costs and extra hours shall be borne by the client.
Article 25 - Intellectual property
- RAIDA retains all intellectual property rights (including copyright, patent rights, trademark rights, drawings and models rights, etc.) to all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
- Customer may not copy, display and/or make available to third parties or otherwise use said intellectual property rights without RAIDA's prior written consent.
Article 26 - Confidentiality
- The customer shall keep confidential any information (in any form) received from RAIDA.
- The same applies to any other information concerning RAIDA which the client knows or can reasonably suspect to be secret or confidential, or which he can expect that its dissemination may harm RAIDA.
- The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.
- The duty of confidentiality defined in this article does not apply to information:
- which was already public before the customer learned of it or which subsequently became public without being the result of a breach of the customer's duty of confidentiality
- disclosed by the customer pursuant to a legal duty
- The confidentiality obligation defined in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 27 - Penalty clause
- If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, it shall forfeit for each violation in favour of trade name an immediately payable fine.
- if the other party is a consumer, this penalty is €1,000
- if the other party is a legal entity then this fine is €5,000
- In addition, the other party shall forfeit an amount of 5% of the amount mentioned in paragraph 1 for each day that such breach continues.
- No prior notice of default or court proceedings are required for the forfeiture of this penalty. It also does not require any damages.
- Forfeiture of the fine referred to in the first paragraph of this article shall be without prejudice to RAIDA's other rights including its right to claim damages in addition to the fine.
Article 28 - Indemnification
The customer shall indemnify RAIDA against all third party claims related to the products and/or services provided by RAIDA.
Article 29 - Complaints
- The customer should examine a product delivered or service provided by RAIDA for any defects as soon as possible.
- If a product delivered or service rendered does not meet what the client could reasonably expect from the contract, the client should inform RAIDA as soon as possible, but in any case within 1 month of the discovery of the shortcomings.
- Consumers should notify RAIDA no later than 2 months after discovering the defects.
- In doing so, the client shall provide as detailed a description as possible of the shortcoming so that RAIDA is able to respond appropriately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this cannot in any case result in RAIDA being held to perform work other than that agreed upon.
Article 30 - Notice of default
- The customer must give notice of default in writing to RAIDA.
- It is the customer's responsibility that a notice of default actually reaches RAIDA (in a timely manner).
Article 31 - Joint and several liability of the customer
If RAIDA enters into a contract with several customers, each of them shall be jointly and severally liable for the full amounts they owe RAIDA under that contract.
Article 32 - RAIDA's liability
- RAIDA shall only be liable for any damage suffered by the customer if and insofar as such damage was caused by intentional or deliberate recklessness.
- If RAIDA is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of a contract.
- RAIDA shall never be liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If RAIDA is liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of damage, liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 33 - Expiry period
Any right of the customer to compensation from RAIDA lapses in any case 12 months after the event from which the liability arises directly or indirectly.
Article 34 - Right of termination
- The customer has the right to terminate the contract if RAIDA imputably fails to fulfil its obligations, unless such failure, given its special nature or minor importance, does not justify the termination.
- If the fulfilment of the obligations by RAIDA is not permanently or temporarily impossible, dissolution cannot take place until RAIDA is in default.
- RAIDA is entitled to terminate the agreement with the customer if the customer fails to fulfil his obligations under the agreement in full or on time, or if RAIDA becomes aware of circumstances which give it good reason to fear that the customer will be unable to fulfil his obligations properly.
Article 35 - Force majeure
- A failure by RAIDA to fulfil any obligation to the client cannot be attributed to RAIDA in a situation independent of RAIDA's will, which prevents all or part of its obligations to the client from being fulfilled or which prevents RAIDA from reasonably fulfilling its obligations.
- The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a force majeure situation arises which prevents RAIDA from fulfilling 1 or more obligations to the customer, those obligations shall be suspended until RAIDA can again fulfil them.
- From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in full or in part.
- In a force majeure situation, RAIDA shall not be liable for any compensation or damages, even if it receives any benefit as a result of the force majeure situation.
Article 36 - Modification of the agreement
- If, after the conclusion of the agreement, its execution proves necessary to amend or supplement its content, the parties shall adapt the agreement accordingly in good time and by mutual agreement.
- The previous paragraph does not apply to products purchased in a physical shop.
Article 37 - Modification of general terms and conditions
- RAIDA is entitled to amend or supplement these general conditions.
- Changes of minor importance can be made at any time.
- As far as possible, RAIDA will discuss major substantive changes with the customer in advance.
- Consumers are entitled to terminate the contract in the event of a material change to the general terms and conditions.
Article 38 - Transfer of rights
Customer's rights from a contract between the parties cannot be transferred to third parties without RAIDA's prior written consent.
Article 39 - Consequences of nullity or voidability
- Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
- A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what RAIDA had in mind when drafting the terms and conditions on that point.
Article 40 - Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Belgian law.
- The Belgian court in the district where RAIDA's headquarters / practice / office is located shall have exclusive jurisdiction to take cognisance of any disputes between the parties, unless otherwise required by mandatory law.
Retrieved 17 May 2023.