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Updated Feb 21, 2022

Privacy Policy & Cookies

Privacy Policy

The responsible party for processing information, ResiGrass respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters, publicity- and/or marketing purposes and this on behalf of ResiGrass and the companies related to her.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to ResiGrass, Kapelsesteenweg 493 at 2180 Ekeren. If necessary, you can also request the correction of information that is inaccurate incomplete or irrelevant.

In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at ResiGrass, Kapelsesteenweg 493 at 2180 Ekeren or info@resigrass.com

We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses such as Cosy Lounge, Electro Baeyaert or others.

The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus ResiGrass has no access to your password.

ResiGrass saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.

If you have any questions about this privacy statement, please contact us at info@resigrass.com.

Use of cookies

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.

“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

When using our website, you implicitly agree to the use of cookies.



General conditions

Resigrass General Terms and Conditions

The current terms and conditions are an integral part of the agreement, to the exclusion of the customer's own terms and conditions. Deviations are only allowed in writing. The customer explicitly acknowledges having read these terms and conditions and agrees to them completely without reservation.

  1. The goods/services will be delivered as described on the invoice or in the order form. The accuracy of the delivery, regarding content as well as quantity, must be reviewed immediately upon receipt by the buyer; if there is no complaint or refusal at that moment about the delivery, no more complaints and/or refusal of the delivery will be accepted afterwards. Any other complaints must be communicated no later than within the seven days after receipt. Any return costs are always at the buyer's expense.

  2. Regarding any defects in the delivered goods, the law of September 1, 2004 regarding the protection of the consumer in the sale of consumer goods is applicable. This Article is only applicable when the customer is a natural or legal entity that only acquires or uses the products or services for non-professional objectives.

  3. The goods/services will be delivered within the time frame as stated on the order form, taking into account the usual tolerance specific to the type of industry or trade. The buyer is obligated to receive the goods as of the first delivery and/or notification that they are available. In the absence of this, all the resulting costs are at the buyer's expense, also if the delivery has been postponed upon customer request. Any delay in the delivery that cannot be attributed to us cannot give cause for damage compensation or dissolution of the agreement.

  4. The price is VAT included. The delivery occurs at the seller, except for written agreement otherwise. The goods will always be transported at the expense and risk of the buyer, regardless who organizes the transport, at whose expense and upon the instruction of whoever. If the buyer lets the seller organize the transport of the goods, whether or not for payment of the transport price, the buyer explicitly accepts the risk of the transport. If desired, the buyer can have the transport insured by the seller for payment of a premium. The transport of the goods up to the customer's destination always consists of delivery by one person, on the street and up to the first gate. All additional costs for transport of the goods to a different delivery location are at the customer's expense.

  5. The buyer is responsible for -‐ and hereby confirms that he/she possesses any necessary permits and explicitly indemnifies the seller of every liability. In the event of installation by the seller, the buyer, upon requesting a price proposal and no later than upon placing the order, will inform the seller of all possible restrictions, presence of pipes, risks and potential problems. The seller cannot be held responsible for damage to pipes, poor execution, loss and/or other damage if the necessary precautionary measures were not taken by the buyer for the purpose of preventing these issues. Since the sale occurs on the basis of measurements provided by the customer, whether or not possibly measured before the start of the installation by the seller, the calculated quantity is only final after the installation. In this case, the final sales price will then also be adjusted according to the actual quantities installed or delivered. The proposal cannot, as a result, be considered as final price, regardless whether the measurement occurred in advance.

  6. Cancellation of the order is only possible if it is requested by the buyer in writing, no later than within the two days after the order, and insofar as it is confirmed in writing by us. In each case of cancellation, the buyer owes at all times a flat-rate compensation of 50% of the total value of the order, undiminished proof of higher damage by the seller.

  7. Our deliveries can be paid in cash, after tax and without discount upon delivery. Invoices are considered to be accepted if they have not been objected to with sufficient reasoning within eight days via registered mail. Any banking or other costs related to the payment are always at the buyer's expense. By full or partial non-payment of the price to be paid on the expiration date, the total price to be paid will be, legally and without notice of default, increased by 1% interest as of the month begun, to be calculated as of the invoice date and a flat-rate damage compensation of 10% on the balance of the claim with a minimum of 250 EUR. In addition, any other outstanding invoices will be immediately due and payable. Late payment also entitles us to suspend further deliveries or services in order not to further increase the amounts owed and without notice on our part. If the invoice, upon customer request, is created in the name of a third party, the customer and the third party are jointly and severally responsible for its payment, as well as for the execution of the other obligations that result from the agreement.

  8. Using the products and/or work executed by the seller applies as tacit acceptance of the goods and/or delivery of the services. The seller is solely and only liable for direct damage as a result of proven error and will in no case accept liability for consequential damage, immaterial damage, damage as a result of force majeure, storms, natural phenomena, (ground) subsidences, formation of pits, moles, voles and/or other animals or insects. Defects to the products or the execution of the installation will only be repaired locally without the buyer having the ability to invoke any form of damage compensation. Any damage compensation in the event of a proven error on the part of the seller will in any event be limited to 50% of the invoice amount. Damage and/or loss that is the consequence of not respecting the installation or user instructions provided by the seller will in no way give rise to damage compensation.

  9. The goods delivered remain our property as long as the full price (purchase price, costs and interest) has not been paid. The customer bears the risks as of the delivery.

  10. When the buyer does not fulfill the contractual obligations, we reserve the right, after notice of default, to either suspend our obligations, or to dissolve the agreement without legal intervention, if no, or no useful, response is given to the notice of default within eight working days, undiminished the right to damage compensation.

  11. Parties acknowledge that the invalidity of one of the clauses from the agreement does not entail the invalidity of the entire agreement. In this case, parties commit to replacing the invalid clause with a legitimate clause that is as close as possible to the parties' original intention.

  12. All of our agreements are governed by the Belgian law. Each dispute that should arise can only be settled by the courts of and in Antwerp.



General Conditions Webshop ResiGrass B2C

ResiGrass (KunstGraswereld) BVBA
Kapelsesteenweg 493
B 2180 Ekeren
Belgie
BTW 0455 353 830
Info@resigrass.com
Tel. +32 (0)3 290 35 93


Article 1 - General provisions

The e-commerce website of ResiGrass, a company duly registered with its registered office at 2180 Ekeren, Kapelsesteenweg 493, VAT BE 0455 353 830, hereinafter “ResiGrass” provides its customers with the option of buying products from its webshop.

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the web shop of Resigrass, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by ResiGrass.


Article 2 - Price

All prices listed are expressed in EURO, always including VAT and all other required duties or taxes that the Customer must bear. Due to the fact that different VAT rules apply, the final price including VAT may vary from those as displayed on the website. This can only be calculated when your order has been completed. Before confirming the order, the full order amount is demonstrated with all details (VAT, shipping cost, payment cost,… if any). Any shipping, reservation or administration fees that are charged must be specified separately.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.


Article 3 - Availability

Every offer is only valid for customers within the European Union. The articles are only designed for normal use.

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for ResiGrass. With respect to the accuracy and completeness of the provided information, ResiGrass is solely bound to obligation of means. ResiGrass is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance. (cfr. Article 12)

The product selection is valid while stocks last and may at any time be changed or withdrawn by ResiGrass. ResiGrass cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.


Article 4 - Online purchases

Placing an order at ResiGrass is easy and the process transparent. In 5 steps you choose, order, pay en inform us how you would like to have the goods delivered. After the selections of the products you would like to purchase, please put them in the basket. We gladly explain the further procedure below. In case you have difficulties or doubts about the quantity of material necessary for your project, we gladly help you with that. To calculate the quantity of ARTIFICIAL GRASS or HEDGES, we refer to the following page on our website, where we explain how to go about based on some drawings.

http://www.resigrass.com/en/info/45/to-calculate-quantity-of-grasshedges/

  1. Your coordinates

    We need your coordinates in order to issue the invoice and deliver the goods at the right adress. Please fill them in carefully in order to avoid unnecessary delays, errors or other problems that might occur and can create extra costs. Classical errors to which we would like to draw your attention are

    • Do not forget to fill in the house number

    • Eventually apartment / bus number (not all information at the doorbell seems to be correct)

    • Specific instructions for the delivery or transport service need to be stated in the box ‘questions/request/remarks’ so we can easily find you to deliver the order. Take into consideration that the courier service / transport company delivers at the doorstep of the building (street level). Kindly note these might cause extra costs, which we will have to charge.

    • Make sure you mention the correct and full e mail address and phone number, so we can reach you in case of problems.

    • If you want the order to be delivered at another address, please do not forget to inform us and fill in the correct address in the order form.

    On top op of the screen, you can see in which step of the process you are currently.

    Forgot something? You can always go back to the shop to continue your purchase without losing the information or purchases you already registered. At the end of the purchase process, you will receive a full and detailed overview of the order, the amount to pay and the delivery method of your choice. Verify all data at ease before finalising your purchase and execute the payment.

Payment

We have tried to offer you a variety of payment method to assure full flexibility to execute the payment in all safety.

Should a problem occur during the payment process, please verity with your bank or the card company to determine the cause of the problem. In case the amount has not been deducted from your bank account or charged to your card, you can try again to do the payment without any risk. In the event the payment, for some reason, has been executed twice, please do not panic. Contact us at info@resigrass.com and we will refund the amount immediately upon receipt of the double transaction.

As Customer, you have the choice of an array of payment methods either with or without transaction costs. Please find herewith the different methods and related costs, if any.


PAIMENT METHOD

COST

KBC/CBC

No charge

Belfius Direct Net

No charge

Bancontact/Mister Cash

No charge

Ideal

No charge

Maestro

No charge

Giropay

No charge

ING Home Pay

No charge

VISA/MASTERCARD

No charge

Confirmation

After execution of the payment you will immediately receive a confirmation of the order issued by you, by means of a ResiGrass order confirmation. Keep this form and its number available for any question related to your purchase.

Upon reception of the order amount, we prepare your order for delivery.

The articles will be delivered at the address stated in your order and as confirmed in our Order document, in the event Customer chose for the option ‘delivery by ResiGrass’. If not, the articles will be available at the address of ResiGrass or another indicated address.

ResiGrass is authorized to refuse an order (in writing) as a consequence of a serious shortcoming or flaw by the Customer in respect of the order or any other order or agreement in which the Customer has been involved.


Article 5 - Retention of title

Delivered articles remain the exclusive property of ResiGrass until the moment the Customer pays for the goods in full. The risk of loss and/or damage though, passes to the Customer as from the moment of delivery.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to ResiGrass, e.g. to anyone who would attempt to seize articles that are not fully paid for.


Article 6 - Penalties for non-payment

Without prejudice to the exercise of any other rights that ResiGrass is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 250 euro per invoice.



Without prejudice to the foregoing, ResiGrass is entitled to take back the unpaid or incompletely paid for articles.

Article 7 - Delivery

Articles ordered via this web shop will be delivered in the countries listed hereunder.

For the delivery of your order we can offer you several options as mentioned below. The hedges are packed in boxes, which are easier to transport and for which there are more possibilities than for the rolls of artificial grass. For the sake of clarity we have separated the delivery options for hedges and grass.

Delivery occurs by truck or courier services.

Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.

  1. ARTIFICIAL GRASS

    We can arrange the transport of the artificial grass for you. The grass is more difficult to transport due to its form. Rolls with a length of 4.00 meters can only be transported adequately by specialised transport companies. The costs related thereto are however higher than the classic transport of boxes or packages.

    The transit times are also higher due to the fact that most of the orders are LTL (less than truckload) with several transhipment points along the route. Therefor transit times as estimates and deviations are possible. The estimated transit times are listed in the table below. Please note these are indicative and as stated deviations can occur. We have made an agreement with our carriers that they contact you to make an appointment for the delivery, so you know when you can expect them at your door.


    DESTINATION       

    Estimated transittime, as from day of loading in Ekeren

    Belgium

    3 to 5 working days

    Netherlands

    5 to 7 working days

    Germany

    5 to 8 working days 

    Luxembourg

    4 to 7 working days

    France

    6 to 8 working days

    Austria

    8 to 10 working days

    Switzerland

    8 to 12 working days

    UK

    10 to 15 working days

    South Europe

    12 to 17 working days

    Smaller rolls (up to 2.5 m length – ca 8 to 10 m2 max.), can be shipped with a courier service, with lower transit times. You will be able to follow this by means of the ‘track and trace’ service of the courier service.

    Transport costs are calculated according to quantity, weight and dimensions.

    You can of course also pick up the articles yourself at our premises or indicated location. Make sure you have adequate transport means and do not forget the rolls have a length of 4 meters. For more information please check

    http://www.resigrass.com/en/info/4/delivery/21/collection/

  2. ARTIFICIAL HEDGES

    Should you so desire, we can organise the transport of the hedges for you. We work with a couple of transport services to get your order as soon as possible to your door. The costs for the transport will be calculated once you have completed your basket/cart at the end of the order process.

    You can of course also pick up the articles in Ekeren or our indicated storage location. Make sure you have sufficient loading capacity to safely organise the transport.

  3. RESERVATIONS

    Any visible damage, quantitative and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Resigrass and you need to make the necessary reservations and/or remarks in writing towards the transport company/courier or any other 3rd party services.

    In case the reservations have not been duly made on the transport documents, we won’t be able to recover or claim those from the 3rd party involved and as a consequence will have to decline eventually claimed damage and/or loss by you

    The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer according to the agreed sales conditions (Incoterms 2010) and as mentioned in the order.


Article 8 - Guarantee

a. Legal Guaranty

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

b. Guarantee execution

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the home of the Customer, the Customer must contact the ResiGrass customer service and to return the product at their own expense to ResiGrass.

Upon detection of a deficiency, the Customer must inform ResiGrass as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided

The guarantee is never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use as well as any cause of Force Majeure, such as storms, nature phenomenon and any and all causes not attributable to ResiGrass.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

The guarantee is not transferrable.


Article 9 - Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from ResiGrass.

The consumer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

The right of withdrawal period will expire 14 calendar days after the date of delivery of the goods, This right does not apply if the articles are tailor made, which is a.o. the case when a quantity of artificial grass is purchases that is less than a full roll and hence has been cut to measure. For the hedges this also applies for purchases of quantities less than the standard package as mentioned in the shop.

To exercise the right of withdrawal, the Customer must notify ResiGrass, Kapelsesteenweg 493 B 2180 Ekeren in an unambiguous statement (e.g. in writing by post, e-mail at info@resigrass.com ) about their decision to withdraw from the agreement AND deliver/hand over the articles within 20 days as from the date of delivery of the goods to Customer, to ResiGrass, Kapelsesteenweg 493 in 2180 Ekeren, during normal opening hours.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

The direct costs for returning the goods shall be borne by the Customer. Articles for an amount of less than 100 Euro can be shipped by courier service (DHL, Fedex, TNT,….) or a specialised transport company for the rolls up to 4.00 meters to ensure adequate en qualitative shipment.

If the returned product is reduced in value in any way, ResiGrass is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

If the value of the articles has deteriorated in any way, ResiGrass reserves the right to hold the Customer responsible and claim any indemnification for the loss of value as a consequence of the use thereof by the Customer, beyond the necessity to establish the conformity. Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.

The Customer may not exercise the right of withdrawal for:

  • service contracts after the provision of service has been completed in its entirety the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person as a.o. mentioned in §2 of this Article.

  • agreements where the Customer specifically requests ResiGrass to carry out urgent repairs or maintenance.


Article 10- Privacy

The responsible party for processing information, ResiGrass respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters, publicity- and/or marketing purposes and this on behalf of ResiGrass and the companies related to her.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to ResiGrass, Kapelsesteenweg 493 at 2180 Ekeren. If necessary, you can also request the correction of information that is inaccurate incomplete or irrelevant.

In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at ResiGrass, Kapelsesteenweg 493 at 2180 Ekeren or info@resigrass.com

We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses such as Cosy Lounge, Electro Baeyaert or others.

The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus ResiGrass has no access to your password.

ResiGrass saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.If you have any questions about this privacy statement, please contact us at info@resigrass.com.


Article 11- Use of cookies

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.

“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

If you use our website, you implicitly agree to the use of cookies.


Article 12- Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by ResiGrass to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.


Article 13 - Customer service

ResiGrass customer service can be reached at phone number +32 3290 3593], via e-mail at info@resigrass.com or by mail at the following address Kapelsesteenweg 493, 2180 Ekeren (Belgium). Any complaints can be made through the aforementioned customer services contact methods.


Article 14 - Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of ResiGrass, which you find at http://www.resigrass.com/en/info/7/general-terms-and-conditions/ In case of inconsistencies, the present Terms take precedence.

ResiGrass has the right to modify these Terms without any specific notification. Each purchase, after the modification, implies an acceptance by the Customers of the new Terms.


Article 15 - Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.


Article 16 - Applicable law - jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Antwerp district have jurisdiction in the case of any disputes.