General conditions of sale

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Identification and registered office of the seller: you place your order with Aero-Sense NV (hereinafter “Aero-Sense”), with its registered office at Schaapbruggestraat 50, 8800 Roeselare, Belgium, and registered with the Crossroads Bank for Enterprises under number 0891.471.471.

This website and webshop are the property of Aero-Sense. The warehouse and administration of Aero-Sense are located at Regenbeekstraat 52, 8800 Roeselare, Belgium, and can be contacted via the following telephone number and/or email address:

• Tel: +32 51 26 80 00
• E-mail: info@aero-sense.com

Unless expressly agreed otherwise in writing between the parties, these general terms and conditions of sale apply to every offer, sale and delivery of goods via the Aero-Sense webshop. By merely placing an order and/or receiving the invoice, the buyer/customer is deemed to have taken note of and accepted these general terms and conditions of sale. Although the general terms and conditions and the website and its content can be consulted worldwide, Aero-Sense delivers via its webshop exclusively within the EU. Aero-Sense reserves the right to amend these general terms and conditions at any time by publishing a new version.

Article 6 applies exclusively to consumers. A consumer is defined as any natural person acting for purposes that fall outside his or her trade, business, craft or profession and who has his or her residence in a Member State of the EU.

Article 7 applies exclusively to businesses. A business is defined as any natural person or legal entity established in a Member State of the EU that pursues an economic objective on a sustainable basis. Any order for a product offered on the website irrevocably implies prior consultation of and explicit acceptance by the buyer of the general terms and conditions, without such acceptance being subject to a written signature (by the buyer).

In accordance with the provisions of the Belgian Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the confirmation of the order form as further specified in Article 4 of the general terms and conditions constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature and which proves the integrity of the order and the enforceability of the amounts due in execution of said order.

By purchasing products via this website, the buyer declares that he or she is at least 18 years of age and legally competent to purchase the products and services via this website.

2.1. The products offered for sale are those shown on the website, with a description of their essential characteristics, on the specific day and time the website is consulted by the buyer, and within the limits of available stock. The seller will use all reasonable means to display the availability of products on the website but cannot be held liable for the fulfilment of an order if a product is no longer available.

2.2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If Aero-Sense uses images, these represent a truthful depiction of the products and/or services offered. With regard to the accuracy or completeness of the information provided, Aero-Sense is only bound by an obligation of means. Aero-Sense shall under no circumstances be liable for material errors and/or typographical errors.

2.3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to acceptance of the offer. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.

3.1. The price of each product is shown on the website (hereinafter the “purchase price”) in euros, both excluding and including VAT. This price does not include delivery costs, which may vary depending on the country of destination.

3.2. For all orders, the prices applicable on the day of the order as displayed on the website will be charged. Orders are invoiced in accordance with the VAT rate applicable on the day of the order.

3.3. Aero-Sense reserves the right to change the prices listed on the website in the event of price changes.

4.1. Aero-Sense will confirm each order by sending an email to the buyer at the email address provided by the buyer, within 24 hours of the order. The order confirmation will include, among other things, the order date, the ordered product, the purchase price, the delivery address and delivery methods. The order confirmation sent by Aero-Sense constitutes proof of the contractual relationship established between the parties, of which these general terms and conditions form an integral part.

4.2. Within the limits of the law, Aero-Sense may verify whether the customer can meet his or her payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this verification, Aero-Sense has valid reasons not to enter into the contract, it is entitled to refuse an order with reasons or to attach special conditions to its execution. Aero-Sense reserves the right to cancel any order or delivery in the event of:
(i) an existing dispute with the buyer;
(ii) non-payment of the total amount or part thereof for a previous order;
(iii) refusal by banking institutions to authorise payment by credit card;
(iv) a change in the customer’s financial situation such that insolvency or loss of guarantees for its claim must be feared (including, but not limited to, legal incapacity, bankruptcy, financial inability or liquidation of the customer).

In such cases, the liability of Aero-Sense can in no event be engaged.

Invoices are sent by email or, where applicable, via the PEPPOL network to the email address provided by the buyer. Invoices are payable on the due date, net without discount, unless otherwise stated on the invoice. Online orders may be paid using various methods: Bancontact/Mister Cash, Visa, Mastercard, Maestro and bank transfer.

Delivery

6.1. The transfer of the risk of loss, damage or destruction to the consumer occurs at the time of delivery. Each delivery is deemed completed once the product is made available up to the first threshold of the chosen delivery address. Delivery is in any event made on the ground floor only. The customer must ensure a delivery location that is easily accessible for a lorry. If no such accessible delivery location is provided, a second delivery will be required, in which case the customer will in any event be obliged to pay the additional delivery costs. Aero-Sense is not liable for damage caused by incorrect and/or incomplete information provided by the customer. Incorrect delivery addresses are the responsibility of the customer and may result in additional costs borne by the customer.

6.2. Aero-Sense aims to dispatch orders within two working days. An indicative delivery timeframe per country can be found on the Aero-Sense website. If, due to force majeure or exceptional circumstances independent of the consumer, the product is not delivered within 30 days, the consumer has the right to cancel the order without being entitled to any compensation. Force majeure includes circumstances such as fire, strikes, lock-outs, explosions, floods, adverse weather conditions, machine breakdowns, shortages of power, raw materials, fuel, equipment, labour or means of transport, accidents, as well as all circumstances that delay or hinder the execution of the contract, whether at Aero-Sense or its suppliers. Aero-Sense is also not responsible for delays caused by its suppliers or transport companies.

6.3. It is the consumer’s responsibility to inspect deliveries upon arrival and to formulate any reservations or complaints that may appear justified, including refusing the parcel if it appears to have been opened or shows clear signs of damage. The customer must therefore check the quantity and condition of the products upon delivery. Any reservations and complaints relating to the delivery of products must be communicated to Aero-Sense by registered letter or email within 48 hours following delivery. If damage or non-conformity is not reported within the aforementioned period, Aero-Sense reserves the right to refuse replacement and reimbursement.

Right of withdrawal and return conditions

6.4. In the context of distance selling to consumers, the consumer has the right to withdraw from the contract within 14 days, starting from the day following the day of delivery, without penalty and without giving any reason. This right of withdrawal is granted by Aero-Sense solely to allow the consumer to assess the purchased goods under conditions comparable to a shop display. The consumer is liable for any depreciation of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. This right of withdrawal does not apply to legal entities or to products purchased by a natural person for purposes related to his or her trade, business, craft or profession.

6.5. The consumer wishing to exercise the right of withdrawal must notify Aero-Sense of his or her intention in an unequivocal manner, by letter or email, within 14 calendar days starting from the day following delivery of the goods. Upon ordering, the consumer receives a model letter that can be used for this purpose. The consumer must then return the product without delay and in any event within 14 days after exercising the right of withdrawal, at his or her own risk and expense, in the original and undamaged packaging, ready for resale, to Regenbeekstraat 52, 8800 Roeselare, Belgium. Products not meeting these conditions upon receipt by Aero-Sense will remain available to the consumer for one month, during which the consumer will be required to pay the price, as Aero-Sense cannot accept their return. The consumer must retain proof of dispatch (street – number – postcode – city – Belgium).

6.6. When the right of withdrawal has been exercised in accordance with the above conditions, Aero-Sense will refund the received payment within 14 days following notification of the exercise of the right of withdrawal, but not before the product has been returned in an acceptable condition as described in Article 6.5. The refund will be made by bank transfer. The consumer must therefore provide Aero-Sense with his or her bank details (IBAN – BIC/SWIFT).

Warranty

6.7. The consumer benefits from the statutory warranty for any lack of conformity of the product existing at the time of delivery, provided that the consumer did not know and could not reasonably have been expected to know of the defect at the time the contract was concluded, and provided that it manifests itself within two years from delivery. In such a case, the consumer may either request replacement of the product free of charge and within a reasonable period, subject to availability of comparable products, or request an appropriate reduction in the purchase price or termination of the contract, in accordance with statutory conditions. However, the consumer may not request termination if the lack of conformity is minor. Account will also be taken of the use the consumer has made of the product since its delivery.

6.8. The consumer must inform Aero-Sense in writing of his or her intention to invoke the statutory warranty no later than seven days after the day on which the defect was discovered.

6.9. The warranty does not apply to normal wear and tear of the product and/or defects and damage caused by fault of the buyer.

Delivery

7.1. The risk of loss, damage or destruction of the goods passes to the business at the moment they leave the warehouse. Each delivery is deemed completed once the product is made available up to the first threshold of the chosen delivery address. Delivery is in any event made on the ground floor only. The buyer must ensure a delivery location that is easily accessible for a lorry. If no such accessible delivery location is provided, a second delivery will be required, in which case the buyer will be obliged to pay the delivery costs.

7.2. The goods are transported at the risk of the business (ex works).

Conformity

7.3. Complaints relating to non-conformity and visible defects of our deliveries and services must, under penalty of forfeiture, be made by registered and reasoned letter within 48 hours of delivery of the goods. Other complaints, except those relating to hidden defects, must also be made by registered and reasoned letter, but within eight days of delivery. Complaints relating to hidden defects must be notified in writing by registered and reasoned letter no later than 30 days after their discovery, under penalty of forfeiture of rights. The business buyer bears the burden of proof of its complaint. Any legal action relating to hidden defects must, under penalty of forfeiture, be initiated within 30 days from the time the defect became apparent.

Liability

7.4. Without prejudice to Article 10, the liability of Aero-Sense is in all cases limited to compensation for foreseeable, direct and personal damage. The seller cannot be held liable for:
(a) any indirect damage suffered by the customer as a result of non-performance of the contract, including but not limited to financial and commercial loss, loss of production, loss of profit, increase in general costs, disruption of planning, loss of clientele, damage to reputation; and
(b) damage suffered by the customer as a result of claims by third parties.

Liability is in all cases limited to the price of the delivered goods and the delivery costs, excluding VAT. The customer must regularly test the quality of the delivered goods and immediately stop processing them upon discovery of defects. In the event of partially non-conforming or defective delivery, only the allegedly defective or non-conforming quantity shall be returned and never the entire order. In the event of delivery of defective goods, the liability of Aero-Sense is limited to the free replacement of those goods. Aero-Sense can never be held liable for any damage caused by the goods it has delivered when these have been put into operation by its resellers or, on the advice of its resellers, by any other third party.

Aero-Sense remains the owner of the sold and delivered goods until full payment of the price in principal and/or interest and/or lump-sum damages and/or other costs and charges. In the event of non-payment, Aero-Sense reserves the right to repossess the goods by operation of law and at the customer’s expense. However, the risk of loss or damage passes to the customer upon delivery or taking possession of the goods.

The processing and protection of personal data are governed by a privacy policy. This privacy policy forms an integral part of these general terms and conditions for online sales.

10.1. The seller only enters into obligations of means for all stages of access to the website, from the ordering process to delivery or subsequent services. The seller’s liability cannot be engaged for inconvenience or damage inherent to the use of the internet, including service interruptions, external intrusion or the presence of computer viruses, or any event qualified as force majeure. In any event, the seller’s liability under these general terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to the liability, unless the damage was caused by intent or gross negligence.

10.2. To the extent permitted by law, Aero-Sense excludes any liability other than that provided for in these general terms and conditions, so that the customer may not bring any extra-contractual claim against Aero-Sense and/or its representatives and/or auxiliary persons (including, but not limited to, its directors, employees, subcontractors or any other appointees) in connection with any dispute regarding the formation, performance, interpretation and/or termination of any agreement between Aero-Sense and the customer. The customer acknowledges and undertakes that, to the extent permitted by law, only Aero-Sense may be held liable and not its representatives or auxiliary persons in connection with the formation, performance, interpretation and/or termination of any validly concluded and existing agreement between Aero-Sense and the customer. To the extent legally permitted, the customer expressly acknowledges and accepts the exclusion of the application of Article 6.3, §§ 2 of Book 6 of the Civil Code.

All elements of the website (including the name, logos, photographs, product and company names, texts, drawings, images, information and the like), including the underlying technology, are protected by copyright, trademark and patent law and more generally by intellectual property law, including the legislation relating to databases, and belong to Aero-Sense and/or third-party rights holders. Nothing may be used without prior and explicit permission.

In the event of questions regarding a purchase, the buyer may contact Aero-Sense via the contact form on the webshop or via info@aero-sense.com. Aero-Sense undertakes to contact the buyer and provide an answer within a maximum period of two working days (this being an obligation of means only).

13.1. If any provision of these terms and conditions is declared null or unenforceable, the remaining provisions shall remain fully in force. The parties undertake to replace the null or unenforceable provision with a provision that economically approximates it as closely as possible, to the extent permitted by law.

13.2. The parties undertake to make every effort to reach an amicable settlement for any dispute relating to this agreement.

13.3. If no amicable settlement can be reached, any dispute relating to the existence, performance and/or interpretation of these general terms and conditions and all agreements between the seller and its customers shall fall under the exclusive jurisdiction of the courts of the district in which the seller is established. Belgian law shall apply exclusively.