General Terms & Conditions

GENERAL TERMS AND CONDITIONS NAQI SPORT

NAQI BELGIUM NV
CBE no. 0447.225.626

Article 1 – Definitions

Cooling-off period: the period within which the Buyer may exercise his right of withdrawal;

Day: calendar day;

Durable medium: any instrument – including email – which enables the Buyer or the Entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period adequate for the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the Buyer to withdraw from the distance contract within the cooling-off period;

Buyer: the natural or legal person who concludes a Distance Contract with the Entrepreneur;

Entrepreneur: the seller as identified in Article 2;

Distance Contract: a contract concluded between NAQI BELGIUM NV and the Buyer within the framework of an organised system for the distance sale of products, whereby up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;

Means of distance communication: any means that may be used to conclude a contract without the Buyer and NAQI BELGIUM NV being simultaneously present in the same place.

Article 2 – Identity of the Seller

NAQI BELGIUM NV
Louizalaan 523
1000 Brussels
Belgium

Telephone number: 02/230.20.10
Mon – Fri: 08:30 – 12:30 / 13:00 – 17:00

Email address: info@naqi.be

CBE no.: 0447.225.626
VAT number: BE0447.225.626

Article 3 – Applicability

1. These general terms and conditions apply to every offer of the seller on the webshop www.naqisport.com and to every Distance Contract concluded between the seller and the Buyer through this webshop.
2. The text of these general terms and conditions shall be made available to the Buyer electronically in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, prior to the conclusion of the Distance Contract it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the Buyer upon request, either electronically or otherwise.
3. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraph 2 of this Article shall apply accordingly, and in the event of conflicting conditions, the Buyer may always rely on the applicable provision that is most favourable to him.

Article 4 – The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Buyer to properly assess the offer. If the seller uses images, these constitute a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not bind the seller.
3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Buyer of the offer and compliance with the conditions set therein, including payment.
2. If the Buyer has accepted the offer electronically, receipt of the acceptance shall be confirmed electronically without delay. As long as receipt of this acceptance has not been confirmed, the Buyer may dissolve the agreement.
3. The Buyer must pay the purchase price to NAQI BELGIUM NV via one of the payment methods offered by NAQI BELGIUM NV. Only payment made to NAQI BELGIUM NV shall constitute valid discharge.
4. At the latest upon delivery of the product, the seller shall provide the Buyer in writing or in such a way that it can be stored by the Buyer on a durable medium:
1. information on guarantees and existing after-sales service;
2. the price including all taxes; where applicable the delivery costs; and the method of payment, delivery or performance of the Distance Contract.

Article 6 – Right of Withdrawal

1. The Buyer may withdraw from an agreement relating to the purchase of a product within a cooling-off period of 14 days without stating reasons. The seller may ask the Buyer for the reason for withdrawal but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the Buyer, or a third party designated in advance by the Buyer who is not the carrier, has received the product, or:
1. if the Buyer has ordered multiple products in the same order: the day on which the Buyer, or a third party designated by him, has received the last product;
2. if delivery consists of several consignments or parts: the day on which the Buyer, or a third party designated by him, has received the last consignment or part;
3. in case of agreements for regular delivery of products over a certain period: the day on which the Buyer, or a third party designated by him, has received the first product.

Article 7 – Obligations of the Buyer during the Cooling-off Period

1. During the cooling-off period, the Buyer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the Buyer may only handle and inspect the product as he would be allowed to do in a shop.
2. The Buyer is only liable for any depreciation in value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.

Article 8 – Exercise of the Right of Withdrawal by the Buyer and Costs Thereof

1. If the Buyer exercises his right of withdrawal, he shall notify the seller within the cooling-off period in an unambiguous manner by means of the model withdrawal form available on www.naqisport.com.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Buyer shall return the product or hand it over to (an authorised representative of) the seller. This is not required if the seller has offered to collect the product himself. The Buyer shall in any case have observed the return period if he returns the product before the cooling-off period has expired.
3. The Buyer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Buyer.
5. The Buyer shall bear the direct costs of returning the product. If the product cannot be returned by post, the costs for return shall be communicated prior to the conclusion of the purchase via the NAQI BELGIUM NV webshop.
6. If the Buyer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 – Obligations of the Seller in Case of Withdrawal

1. If the seller enables the Buyer to notify withdrawal electronically, he shall send a confirmation of receipt without delay after receiving such notification.
2. The seller shall reimburse all payments made by the Buyer, including any delivery costs charged for the returned product, without delay and within 14 days following the day on which the Buyer notifies the seller of the withdrawal. Unless the seller offers to collect the product himself, he may withhold reimbursement until he has received the product or until the Buyer has demonstrated that he has returned the product, whichever occurs first.
3. The seller shall use the same means of payment as used by the Buyer for reimbursement, unless the Buyer agrees to a different method. The reimbursement shall be free of charge for the Buyer.
4. If the Buyer has chosen a more expensive method of delivery than the cheapest standard delivery, the seller is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The seller may exclude the following products from the right of withdrawal, but only if the seller has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products whose price is subject to fluctuations in the financial market over which the seller has no control and which may occur within the withdrawal period;
2. Products manufactured according to the Buyer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the Buyer, or which are clearly intended for a specific person;
3. Products that deteriorate rapidly or have a limited shelf life, such as food products;
4. Sealed or unsealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
5. Products which, by their nature, are irreversibly mixed with other products after delivery;
6. Sealed audio and video recordings once the packaging has been opened;
7. Newspapers, periodicals or magazines (except in the case of a subscription);
8. The supply of digital content not supplied on a tangible medium.

Article 11 – The Price

1. During the period of validity stated in the offer, the prices of the products offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the seller may offer products whose prices are subject to fluctuations in the financial market over which the seller has no control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
3. The prices stated in the offer of products include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

1. The seller guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing at the date of conclusion of the agreement.
2. Any additional guarantee provided by the seller, its supplier, manufacturer or importer shall never limit the statutory rights and claims which the Buyer may assert against the seller under the agreement if the seller has failed to fulfil his part of the agreement.
3. An additional guarantee shall mean any undertaking by the seller, its supplier, importer or manufacturer whereby it grants the Buyer certain rights or claims that go beyond what it is legally obliged to provide in the event that it has failed to fulfil its part of the agreement.

Article 13 – Delivery and Performance

1. The seller shall exercise the utmost care when receiving and executing orders for products.
2. The place of delivery shall be the address made known to the seller by the Buyer via the NAQI BELGIUM NV webshop.
3. Subject to the provisions of Article 4 of these general terms and conditions, the seller shall execute accepted orders with due speed but no later than within 3 months, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the Buyer shall be informed thereof at the latest 10 days after placing the order or as soon as the seller becomes aware of the delay. In such case, the Buyer has the right to dissolve the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, the seller shall promptly refund the amount paid by the Buyer.
5. The risk of damage and/or loss of products shall remain with the seller until the moment of delivery to the Buyer or to a representative designated in advance and made known to the seller, unless expressly agreed otherwise.

Article 14 – Payment

1. Insofar as payment has not been made immediately (prepayment) or otherwise stipulated in the agreement or supplementary conditions, the amounts due by the Buyer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. Where prepayment has been stipulated, the Buyer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.
3. The Buyer is obliged to notify the seller immediately of any inaccuracies in provided or stated payment details.
4. If the Buyer fails to fulfil his payment obligation(s) in time, the seller shall send a first reminder. If payment is not made within 14 days from the third working day after dispatch of this reminder, or within 14 days from the day following dispatch if the reminder is sent electronically, the following amounts shall be due:

A default interest as from one calendar day after dispatch of the above reminder at an interest rate equal to the reference interest rate increased by eight percentage points as referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions, calculated on the outstanding amount.

A fixed compensation of:

20 euros if the outstanding balance is less than or equal to 150 euros;

30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the outstanding balance is between 150.01 and 500 euros;

65 euros plus 5% of the amount due on the tranche above 500 euros, with a maximum of 2000 euros if the outstanding balance exceeds 500 euros.

Article 15 – Complaints Procedure

1. The Buyer must notify any complaints within the statutory period of two months after discovering the defect. The statutory warranty period is 2 years.
2. In the event of a justified complaint, NAQI BELGIUM NV has the right either to repair the product, replace it with a similar product, or refund part of its price (corresponding to the depreciation in value).

Minor deviations in colour, design, dimensions and weight, defects resulting from failure to comply with the instructions supplied with the products or resulting from abnormal or improper use of the product, shall not constitute grounds for complaints insofar as legally permitted and not contrary to consumer protection or conformity requirements.

3. Any dispute regarding the invoice sent must be notified by registered letter, with reasons, within five working days after the invoice date to NAQI BELGIUM NV. Failing this, the invoice shall be deemed accepted.

A protest shall furthermore not release the customer from his payment obligation, except where the delivered goods are non-conforming or where the statutory right of withdrawal applies.

Article 16 – Release

NAQI BELGIUM NV shall not be held liable for the consequences of a slight and/or ordinary fault on its part and/or on the part of its employees or auxiliary persons. NAQI BELGIUM NV shall only be liable in case of intent or gross negligence.

The liability of NAQI BELGIUM NV shall in any event be limited to the price stated in the agreement concluded between the parties, being at most the invoice value of the customer’s order and limited to that part of the order to which the liability relates.

NAQI BELGIUM NV may only be held liable for damage directly caused by the delivered goods. NAQI BELGIUM NV shall never be liable for indirect damage, including but not limited to consequential damage, loss of profit, loss of savings or damage to third parties.

Under no circumstances shall NAQI BELGIUM NV be liable for damage arising from careless or incompetent use of the delivered goods.

If NAQI BELGIUM NV supplies products obtained from a third-party supplier, it shall not be obliged to provide a greater guarantee than that to which the third-party supplier is bound towards it.

The statutory provisions on extra-contractual liability shall, to the extent legally permitted, neither apply between co-contracting parties nor between a co-contracting party and an auxiliary person (in first or further degree) of a co-contracting party.

Article 17 – Privacy

NAQI BELGIUM NV and the Buyer acknowledge that the processing of personal data within the framework of their agreement(s) is subject to Regulation (EU) 2016/679 (GDPR).

The parties process each other’s personal data as well as those of (sub)contractors and other actors, their personnel, employees, appointees and auxiliary persons and other useful contacts. The purposes of such processing are the performance of the agreement, management of customers/suppliers/subcontractors, accounting and site and/or workplace safety. The legal grounds are the performance of the agreement, compliance with legal and regulatory obligations and/or the legitimate interest of the relevant party.

The parties undertake to process such personal data solely for the aforementioned purposes and in accordance with the provisions of the General Data Protection Regulation as well as all applicable laws, decrees and regulations implementing the same. They shall only transfer such personal data to processors, recipients and/or third parties insofar as this is necessary for the aforementioned purposes.

The parties shall take the necessary precautions to protect personal data against, inter alia, unauthorised access, theft, destruction, loss, alteration, disclosure, reproduction or dissemination, whether accidental or unlawful.

Each party is aware of its rights of access, rectification, erasure and objection.

For further explanation, NAQI BELGIUM NV expressly refers to its privacy statement on its website: www.naqisport.com. The Buyer confirms that he has taken note of this privacy statement and accepts its contents.

Article 18 – Severability

If any provision or part of a provision of these terms and conditions, or of any quotation, order form or agreement between NAQI BELGIUM NV and the Buyer, is null, invalid and/or unenforceable, this shall not affect the validity and/or enforceability of the remaining provisions or parts thereof.

The provisions affected by nullity or invalidity shall remain binding for the part that is legally permissible. The relevant null, invalid and/or unenforceable provision or part thereof shall be replaced by operation of law by a valid and enforceable provision or part thereof that most closely approximates the intention of the parties.

Article 19 – Disputes

Agreements between the seller and the Buyer to which these general terms and conditions relate shall be exclusively governed by Belgian law.

Jurisdiction of the courts shall be determined as follows:

·         The seller may only be brought before the court of Hasselt.

·         In all other cases of dispute, the court of the place where the agreement was concluded or where it is, was or must be performed, or the court of the domicile of the customer, at the seller’s choice, shall have jurisdiction.

·         This provision shall also apply to agreements with nationals of the European Union.