General Conditions Webshop ResiGrass B2C

ResiGrass (KunstGraswereld) BVBA

Kapelsesteenweg 493

B 2180 Ekeren

Belgie

BTW 0455 353 830          

This email address is being protected from spambots. You need JavaScript enabled to view it.

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 excluding VAT and all other required duties or taxes that the Customer must bear. Due to the fact that different VAT rules apply, the VAT can only be calculated when your order has been completed. Before confirming the order the complete 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 This email address is being protected from spambots. You need JavaScript enabled to view it. 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 This email address is being protected from spambots. You need JavaScript enabled to view it. ) 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 This email address is being protected from spambots. You need JavaScript enabled to view it.

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  This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

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 This email address is being protected from spambots. You need JavaScript enabled to view it. 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.

 

 

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