TERMS AND CONDITIONS
• General conditions
• Revocation right
• “Platinum” warranty
• Privacy
GENERAL CONDITIONS
The website Zwembad.eu is shared by several independent companies: Zwembad BV, Harmopool BV and Joetron BVBA. These companies are hereafter referred to as “the trader”.
The trader reserves the rights to change the general terms and conditions without any prior notice.
1. Applicability
1.1 These general and specific terms and conditions (from this point referred to as “terms”) are applicable to all offers, orders and agreements of the trader. Only these terms regulate the contractual relationship between the parties and take precedence over any other eventual terms of sale the buyer might refer to.
1.2 These terms apply to all orders of the trader.
1.3 Accepting an offer or placing an order on a webpage or in a physical shop from the trader implies that you accept the applicability of these terms.
1.4 The company which realizes the sale will be determined at the moment of the payment of the invoice. Money transferred to a Belgian PayPal or bank account and cash payments will be processed by Zwembad BV. Money transferred to a Spanish PayPal or bank account and cash payments will be processed by Empalco Iberica SL. Payments from other countries will be processed by Harmopool BV.
1.5 The trader doesn't accept any responsibility for sales which are done in one of the service centres.
2. Contract
The contract is concluded after acceptance of the order by the trader. The trader can reject orders and impose special delivery conditions, unless stated otherwise. If your order is not accepted, the trader will inform you within 30 working days after receipt of the order.
3. Prices / offers
All prices are in Euros, including VAT. The shipping costs are not included in the prices. For special offers, promotions and daily promotions, only 1 item per client can be purchased. The trader reserves the right to refuse promotions to competitors who are also active in the swimming pools sector.
4. Product returns
4.1 You can return the products within 14 days after you received your order. The purchase price will be refunded. In order to get a refund, the products should be delivered completely unused and undamaged to the trader. This is in accordance with the law on market practices and consumer protection (BE) and the law on distance selling (NL). This means that products cannot be taken back if the products have been tested in a different way than this would happen in our store. We can’t take the products back and return your money if the products are not delivered unused and undamaged to the trader.
The return can only take place if there is a clear agreement from the trader. The goods have to be shipped to the address indicated in the agreement sent by the trader. This can also be the address of the manufacturer within Europe, which will be specified. You should also include the necessary documentation required by the trader. Before returning the product, you must request a return reference number. This return reference number must be mentioned clearly inside the package. The return shipping costs are at charge of the customer.
4.2 In exceptional cases, when the shipped goods do not coincide with the ordered goods, the trader reserves the right to substitute the goods by new products or to refund the purchase value. In this case, the trader will pay for the return shipping costs.
The return costs to be reimbursed will not exceed the cost if the trader takes care of the return of the package. When the return is organised by the trader, the customer will accept place and timing indicated by the trader.
Product returns must always be requested via the link "self-service & contact" on our website ( https://www.osplash.eu/ ).
4.3 In accordance with legal requirements, there is no right of withdrawal for purchase in our stores. Sold goods cannot be exchanged or returned. Each store can decide whether they allow an exception in order to change and reimburse the client or change for a coupon. If a coupon is given, the exchange period will last no longer than 1 year. Considering that the trader is not obliged to take back the goods, the client has an interest in accepting the coupon. In case the coupon is written, the exchange period will not amount to longer than 1 year (based on accounting grounds).
For online orders there is a right of withdrawal for 14 days. A consumer who intends to exercise his right of withdrawal may in principle not use the product. However, he has the right to test and inspect the goods he has bought to the extent necessary to ascertain the nature, characteristics and functioning of the goods. In practice, this means that the consumer may handle and inspect the product in the same way as he would in an ordinary shop.
If the testing of the goods by the consumer has gone beyond what is necessary to establish the nature, characteristics and functioning of the goods (i.e. if more testing than would normally be done in a shop), the consumer will not lose his right of withdrawal, but he will have to compensate the trader for the loss in value which has occurred, which, subject to proof of more significant diminution in value, is estimated at least at 40% of the new value. Goods must be returned to the address provided by the trader at the expense of the consumer.
The purchaser does not have the right to withdraw from the purchase in the case of custom-made articles such as bubble covers, winter covers, liners, automatic swimming pool covers, etc. In the event of a right of withdrawal, the refund will be made in the same way as the payment was made.
5. Payments
5.1 The payment has to be executed before or at latest at the moment of delivery. If the goods are picked up at the trader’s or sent COD, a reasonable deposit may be agreed on. When the trader sends the goods COD, only cash payments will be accepted.
5.2 If the payment term has expired, you are liable as from the date on which the payment should have been made, and as from this date interests will be charged (1% of the pending amount) calculated by month or part of the month. If the payment has only been made after a reminder sent by the trader, a €25 administration fee will be charged. If the trader has to contract third parties to collect your payment, you will have to pay the related costs. These costs are at least 15% of the outstanding amount, without affecting the right of the trader to claim the complete extrajudicial costs of this request for payment.
5.3 In the event of late payment, the trader reserves the right to dissolve outstanding related contracts.
6. Delivery
6.1 The delivery times indicated by the trader are not binding. If a delivery time is not respected, no refund and no cancellation of the order will take place, nor will the contracts be cancelled, unless the delay in delivery is such that you cannot reasonably be required to leave the contract intact. In this case you are entitled to cancel the order or the contract, if necessary. In the case of conflict, the legal delivery time of 1 month for standard products (not special-built/custom products and orders) is considered reasonable.
6.2 Delivery takes place at the agreed time and location as soon as the goods are ready to be shipped.
6.3 We will deliver the products at the address specified when you ordered the goods. We cannot ensure that changes to the delivery address that happen afterwards, will also be correctly applied by the transport company. Adjusted delivery addresses can under no circumstances give right to compensation claims.
The customer has to cooperate during the delivery process, to ensure a smooth delivery. This implies (but is not limited to): entry of alternative delivery address and/or date in the transport company’s software, helping during unloading/loading, presence during the day of pick-up or delivery or pick-up of the parcel in a nearby delivery point in case the transport company delivered in such a facility etc. Costs associated with a lack of cooperation, can be charged to the customer.
If the order cannot be delivered at the address that you specified when you ordered the goods, it is possible that the transport company delivers the parcel in a nearby parcelshop. The customer has to pick up the parcel in the specified parcelshop in time.
7. Property provisions
The ownership of the goods will be transferred to the buyer at the moment in which all obligations to the trader are met. Risks related to the products are transferred at the moment of delivery.
8. Transport damage
Damaged boxes must be refused at the moment of delivery and the seller must be informed about it. If damaged parcels are accepted, this is irrevocable. If the transport damage can only be assessed afterwards (the parcel was not damaged), you must inform us in writing within 24 hours. Packaging and boxes must be kept until the end of the assessment of the damage. The buyer has to cooperate for assessment of the damage. If the buyer is not able to cooperate, this can lead to cancellation of the refund.
For some products the trader advises against shipping. In such cases the trader cannot be held responsible for shipping damage. For example: in the case of UV lamps and quartz tubes.
Transport damage should always be reported via the link "self-service & contact" on our website ( https://www.osplash.eu/ ).
9. Electronic communication and evidence
9.1 The trader is not responsible for any misunderstandings, omission, delays, lack of information or messages from communications per e-mail or other means of communication in the flow of information between the client and the trader (and thus between the buyer and third parties). The trader is only responsible in the case of intention or a serious fault.
9.2 The administration of the trader counts as full evidence regarding the existence, content and implementation of the contract with the buyer in front of a possible court proceeding, until the contrary is proven by the party who relies on the fact that the evidence is not reliable.
10. Force majeure
10.1 The trader has -regardless of other rights- in case of force majeure, the right to cancel the processing of your order at their discretion, as well as to cancel the contract without judicial resolution. The trader can cancel the order or the contract by informing the customer by written notice and without having to pay any kind of compensation to the customer, unless this would be unacceptable according the standards of reasonableness and fairness in the given circumstances.
10.2 Force majeure means any kind of event for which the trader will not be liable as they have no fault according to law or a judicial process.
11. Warranty – repairs
11.1 The trader follows the European law concerning the warranty of products. This means that the customer gets a warranty of 6 months for manufacturing defects, followed by a warranty of 18 additional months if the customer can prove that the manufacturing defect existed at the time of purchase. If the customer believes that he or she can make a warranty claim, the trader or the supplier will first check the products, before any exchange, repair or reimbursement can take place. This evaluation can’t be carried out at the exact moment on which the product arrives and may take some time. If the warranty claim is valid, the product will be repaired free of any charges. According to the warranty law, the seller has the right to determine whether a product is being repaired or replaced.
11.2 All warranty claims are "Carry-in" or “Pick-up” at the address where the goods were purchased.
For online orders, the "Carry-in" or “Pick-up” address is:
Zwembad BV
Industrieweg 9
B-3190 Boortmeerbeek
België
OR an address of the manufacturer within Europe, which will be specified. The customer will be charged for damage to the product due to poor packaging during the transport from the customer to the trader or to the supplier. If the warranty claim appears to be invalid, the product can be returned to the customer after payment of shipping and evaluation costs or the product can be repaired against payment. The payment conditions are the same as described previously.
11.3 Products that are not covered under warranty are: broken UV lamps, overheated UV lamps, parts of robots and pumps that are subject to wear (caterpillar tracks, ball bearings…), damage due to improper use or incorrect installation, etc.
Any damage resulting from a warranty problem (loss of water, installation costs, loss of time, etc.) will not be refunded by the trader. For warranty cases concerning inflatable products, the customer has to find the leak and send a picture of this leak (use water and soap on the leak to create bubbles). The trader will not accept returns of inflatable products.
11.4 For some products sold in Belgium and in the Netherlands, the trader offers the “Platinum” warranty within the normal warranty period. The customer who registered for “Platinum” warranty gets the right to receive – in case of a possible manufacturing defect - an equivalent replacement item during the evaluation and repair period. After the evaluation/repair, the customer has to send the replacement product back in perfect condition, clean and dry. Evaluation, transport and repair fees out of warranty remain at the charge of the customer. All details of the Platinum warranty can be checked on the Platinum warranty web page.
11.5 If a product has been delivered, which is not functioning properly, the trader has the right to repair, replace or pay back the dysfunctional product. The trader has the right to choose any of these options (only the trader can make this choice).
11.6 For repairs with a reparation cost under 125 euros OR less than 25% of the purchase price of the material, the trader or their supplier do not have to wait for the approval of the customer for repair. Repaired goods remain with the trader or their supplier until the due repair amount has been paid. Any made reparations will not be reversed.
12. Purchase of mobile application
With the purchase of materials from the trader, the customer receives a free application which does not give the customer the right to continue using it for free in the future. The non-acceptance of sharing some data may lead to reduced functionality of the application. The trader reserves the right to display advertisements in the app. The trader cannot be held responsible for malfunctioning of the application when this is caused by setting the configurations incorrectly, when data are entered incorrectly, malfunctioning of the internet, wifi or the mobile phone on which the app is being used. The trader cannot be held responsible for saving the data that is generated by the application.
13. Trial period
During the trial period of 14 days, the buyer reserves the right of withdrawal which gives him the opportunity to, without any obligation, return the received goods (on his own expense). Based on the warranty legislation, the customer needs to inform the trader unequivocally of the fact that he wants to return the goods within 14 days after the purchase date. By, for example, first mentioning that a product does not function properly and requesting an exchange, the client loses his right of withdrawal. The buyer does not dispose of the right to renounce the purchase in case of tailor-made articles such as bubble covers, winter covers, liners, automatical swimming pool coverings, etc. In case of right of withdrawal, the reimbursement will take place in the exact same way as the payment was executed.
14. GDPR - General Data Protection Regulation - protection of personal data - privacy
In accordance with the GDPR you actively need to give permission to the trader to save your personal data and use it for invoicing, shipment, marketing and personal contact by e-mail, letter or phone. The e-mail address will be used to inform you about the progress of your order, sending mailings/promotions and/or satisfaction surveys. Your contact details may be used to study where our clients are located. In case you accept using your personal data for marketing purposes, the data may be used to send you mailings and advertisements for products related to swimming pools and its accessories.
For legal reasons your data will be saved for 10 years. As a client you reserve the right to have your data destroyed, this only goes for data that should not be saved for legal reasons. You also reserve the right to request inspection and/or correction of the extent of your data. You can oppose to the use and processing of your data. You can do this by sending an e-mail to info@zwembad.eu. The trader will provide/adapt the data within a month. By ticking the box, you also confirm that you are 16 years or older.
15. Miscellaneous
15.1 In case 1 or more stipulations of these conditions should be in breach of any applicable law, the concerning stipulation will expire and will be substituted by a new one which will be determined by the trader.
15.2 No rights can be derived if the information on the website is wrong or wrongly interpreted. Pictures are informative and are provided to give an image of the properties of the product.
15.3 The trader reserves the right to make use of third parties when executing your order.
15.4 If additional administrative actions are requested from the trader, such as redrawing an invoice, changing invoice data, drawing up a pro forma invoice, etc., administrative costs can be charged. These costs will amount to a minimum of 25 euros.
16.Disputes - claims - applicable law and court of jurisdiction
16.1 Disputes and claims should always be initiated via the link "self-service & contact" on our website ( https://www.osplash.eu/ ).
16.2 All rights, obligations, offers, orders and contracts which are related to these terms, as well as these general conditions, refer to Belgian law.
16.3 For disputes that cannot be solved by mutual agreement, an attempt can be made to solve these disputes via the ODR platform: http://ec.europa.eu/odr/
16.4 If additional administrative services from the trader are required such as resending invoices, making a proforma invoice, etc., administrative costs can be applied. The minimum invoice amount for such an intervention is 25 euros.
16.5 All disputes between the parties will be transferred exclusively to the competent judge of the Commercial Court of Leuven in Belgium.
RIGHT OF WITHDRAWAL
During the trial period of 14 days, the buyer reserves the right of withdrawal which gives him the opportunity to, without any obligation, return the received goods (on his own expense). Based on the warranty legislation, the customer needs to inform the trader unequivocally of the fact that he wants to return the goods within 14 days after the purchase date. By, for example, first mentioning that a product does not function properly and requesting an exchange, the client loses his right of withdrawal. The buyer does not dispose of the right to renounce the purchase in case of tailor-made articles such as bubble covers, winter covers, liners, automatical swimming pool coverings, etc. In case of right of withdrawal, the reimbursement will take place in the exact same way as the payment was executed.
A consumer who intends to exercise his right of withdrawal may in principle not use the product. However, he has the right to test and inspect the goods he has bought to the extent necessary to ascertain the nature, characteristics and functioning of the goods. In practice, this means that the consumer may handle and inspect the product in the same way as he would in an ordinary shop.
If the testing of the goods by the consumer has gone beyond what is necessary to establish the nature, characteristics and functioning of the goods (i.e. if more testing than would normally be done in a shop), the consumer will not lose his right of withdrawal, but he will have to compensate the trader for the loss in value which has occurred, which, subject to proof of more significant diminution in value, is estimated at least at 40% of the new value. Goods must be returned to the address provided by the trader at the expense of the consumer.
Using the right of withdrawal?
Use the form on this page.
PRIVACY
Our privacy policy follows the rules imposed by the privacy commission, the Authority Personal Data and the GDPR. By following these rules, we ensure you that your privacy is respected.
Personal data
Rudy-shop.eu and its collaborating firms use your name, address, phone number and e-mail address to contact you in case of a request, an order or to share information/advertisements. Your data can be used for internal analysis (such as the geographical location of our customers), for advice and for marketing purposes.
Foundation of treatment
Rudy-shop.eu will only process and use data after unequivocal authorisation of the client.
Security of personal data
Rudy-shop.eu has taken appropriate technical and organizational measures in order to prevent personal data loss or illegal treatment. To give an example: your (personal) data that you fill in is saved in databases that are secured with 1 or more passwords. Companies that collaborate with us (such as bookkeeping firms, IT specialists) may have access to personal data and have signed an agreement in which they declare to treat client data with integrity.
Retention period of personal data
Rudy-shop.eu and the firms in its network save your invoicing data for 10 years. This is legally required.
Your privacy rights
You are entitled to inspect your personal data. Does your data appear to be incorrect, incomplete or irrelevant? Then you can request additionally to modify or add your data. You can also request to remove your personal data for internal analysis or for marketing/information purposes. We will go further into this as far as this is legally allowed.
You can do this by sending an e-mail to info@zwembad.eu.