Article 1. Applicability
1.1 These General Terms and Conditions (hereafter: Conditions) apply to all offers, orders and agreements of Phromac.com to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 2. Offers / agreements
2.1 All offers of Phromac.com are without obligation and Phromac.com expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations. See also article 3.5.
2.2 An agreement is only concluded after acceptance of your order by Phromac.com. Phromac.com is entitled to refuse orders motivated or to attach special conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, Phromac.com will notify this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the offered products and services are in euros, excluding VAT and including handling and shipping costs.
3.2 Payment must be made within fifteen (15) days of the invoice date, unless otherwise agreed in writing.
3.3 Payment can be made in (one of) the manner(s) as indicated during the ordering process.
3.4 If the payment term is exceeded, the order will be canceled and the products will no longer be delivered.
3.5 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Phromac.com.
3.6 If you are liable to VAT and do not enter your VAT number when ordering articles and you wish to recover the VAT afterwards, an administration fee of € 12.50 will be charged.
Article 4. Delivery of rubber tracks
4.1 Delivery by Phromac.com takes place with proper speed within 48 hours after payment (attention: before 15h order is 48h afterwards delivered on weekdays). If delivery cannot be delivered on time, you will receive a counter notification after placing the order.Exceeding the delivery period does not entitle you to compensation.
4.2 Delivery takes place at the time the product is received by (or on behalf of) you.
Article 5. Reservation of ownership
5.1 The ownership and the risk with regard to the delivered products will pass to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Phromac.com.
6.2 Phromac.com does not guarantee that the products delivered to you do not infringe any (described) intellectual and/or industrial property rights of third parties. Article 7. Complaints and liability
7.1 You have the obligation to inspect the delivered products immediately upon receipt. Any defects discovered must be reported to Phromac.com in writing and motivated within 8 days of discovery.
7.2 If it is shown that the products do not comply with the agreement, Phromac.com has the choice to replace the products concerned with new products by return or to reimburse the invoice price plus paid shipping costs.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the product to Phromac.com within seven (7) working days after delivery and to dissolve the agreement. Return shipments are only accepted in this case if the packaging of the product is undamaged. Payment already received by Phromac.com will be refunded within 30 days of return of the products. The direct costs of return are for your account.
Article 8. Orders/Communication
8.1 For misunderstanding, damage, delays or inadequate delivery of orders and announcements as a result of the use of the internet or any other means of communication in traffic between you and Phromac.com, or between Phromac.com and third parties, insofar as they relate to the relationship between you and Phromac.com, Phromac.com is not liable, unless and insofar as there is intent or gross negligence of Phromac.com.
Article 9. Force majeure
9.1 Without prejudice to the other rights to which it is entitled, in the event of force majeure Phromac.com has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, this by you in writing. to be shared and this without Phromac.com being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
9.2 Force majeure means any shortcoming which cannot be attributed to Phromac.com, because it is not due to his fault and not under the law, legal act or generally accepted for his account.
Article 10. Miscellaneous
10.1 If you inform Phromac.com in writing of an address, Phromac.com is entitled to send all orders to that address, unless you give Phromac.com a written notice of another address to which your orders should be sent.
10.2 If Phromac.com for a short or longer period of time, tacitly or otherwise, allows deviations from these Terms and Conditions, this does not affect his right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right on the grounds that Phromac.com applies these Conditions smoothly.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Phromac.com should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by Phromac.com. legally permissible comparable provision.
10.4 Phromac.com is authorized to use third parties in the execution of your order(s).
10.5 All our products and their dimensions in particular are OEM-classified. If the (incorrect) information provided by you or the (incorrect) ordering on our webshop leads to non-compliance with the ordered tracks for your machine, we can not be held responsible for this.
Article 11. Applicable law and competent court
11.1 Only Belgian law applies to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.
11.2 All disputes between parties will only be submitted to the authorized court in Ghent, Belgium.
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