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General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING: LAMBRECHTS TUINMACHINES

1. DEFINITIONS

  1. "Lambrechts Tuinmachines": the private limited liability company "LAMBRECHTS TUINMACHINES", with its registered office at 3001 Leuven, Tervuursesteenweg 217, registered in the Leuven Register of Legal Persons under number 0429.419.196 and known to the VAT administration under number BE 0429.419.196.
  2. "General Terms and Conditions": these general terms and conditions of sale and delivery.
  3. "Buyer": any natural or legal person who purchases one or more product(s) and/or services by telephone or via e-mail addressed to Lambrechts Tuinmachines or via the Website, places an order or requests a quotation for these and any person who, in the name of and/or on behalf of another natural or legal person, purchases one or more product(s) and/or services by telephone or via e-mail addressed to Lambrechts Tuinmachines or via the Website, places an order or requests a quotation for these.
  4. "Consumer": any Purchaser who, exclusively for non-professional purposes, purchases one or more product(s) and/or services by telephone or via e-mail addressed to Lambrechts Tuinmachines or via the Website, or who places an order or requests a quotation in this regard.
  5. "Website": www.lambrechts-tuinmachines.be and/or https://lambrechts.stihl-vakhandelaar.be.
  6. "Letter of Complaint": a letter (electronic or otherwise), accurately describing the purchased products and/or services, detailing the complaint, non-conformity and/or defect, and stating the reference number of the following documents (as applicable): the Buyer's order, the Order Confirmation, as defined below, the delivery note and the invoice.

2. APPLICABILITY

  1. The legal relationship between the Buyer and Lambrechts Tuinmachines and everything connected with it is exclusively governed by the following standards: (in hierarchically descending order, the following in the absence or silence of the preceding) (1) the written and signed special agreement; (2) the Order Confirmation; (3) these General Terms and Conditions; (4) articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law.
    Lambrechts Tuinmachines rejects all other standards and conditions, with the single exception of those which Lambrechts Tuinmachines has explicitly agreed with the Buyer in writing. These deviations, which were explicitly accepted in writing, are only valid for the agreement to which they relate and cannot be invoked in any other, even similar, agreements.
    The Buyer accepts that these General Terms and Conditions will be the only ones applicable, to the exclusion of his own general or specific (purchase) conditions, even if these would stipulate that they are the only ones applicable.
    By using the Website, filling the digital shopping basket on the Website, placing an order by telephone and/or e-mail addressed to Lambrechts Tuinmachines and/or entering into any agreement via the Website, the Purchaser declares to have taken note of and to agree with these General Terms and Conditions and all other rights and obligations as stated on the Website.
    In these cases, the Purchaser is also bound by these General Terms and Conditions and the aforementioned rights and obligations.
  2. These General Terms and Conditions are without prejudice to the legal rights that are compulsorily granted to the Buyer under applicable national consumer protection laws.
  3. The possible nullity of one of the provisions of these General Terms and Conditions or a part of a provision does not affect the applicability of the other provisions and/or the rest of the provision. In the event of nullity of one of the provisions, Lambrechts Tuinmachines and the Purchaser will, to the extent possible and according to their loyalty and conviction, negotiate to replace the null provision by an equivalent provision which complies with the general spirit of these General Terms and Conditions.
  4. If Lambrechts Tuinmachines should fail to enforce or apply one or more of the rights listed in these General Terms and Conditions, this can only be considered as tolerance of a certain situation and does not lead to a legal process. Such failure can never be considered as a renunciation of the provision(s) in question and will never affect the validity of these rights.
  5. Lambrechts Tuinmachines has the right to change these General Terms and Conditions at any time. It is the Purchaser's responsibility to consult these General Terms and Conditions regularly.

3. OFFER, ORDER - CONCLUSION OF ONLINE PURCHASE

  1. All offers on the Website, in catalogues, newsletters, brochures and other publicity announcements are only informative. Lambrechts Tuinmachines may amend or withdraw its offers at any time. Offers are in any case only valid while stocks last. Obvious mistakes and/or obvious errors in the offer are not binding on Lambrechts Tuinmachines. Despite the fact that the catalogues, newsletters, folders, Website and other publicity announcements are compiled with the greatest possible care, it is possible that the information offered is incomplete, contains material errors or is not up-to-date. Lambrechts Tuinmachines is only obliged to provide a best-efforts guarantee for the correctness, updating or completeness of the information offered. Lambrechts Tuinmachines is not liable for material errors, misprints or printing errors.
  2. Quotations and offers from Lambrechts Tuinmachines are entirely without obligation and should only be regarded as an invitation to purchase or place an order by the Buyer, unless expressly stated otherwise. A quotation and/or offer is only valid for the specific order to which it relates and therefore does not automatically apply to subsequent (even similar) orders.
  3. Lambrechts Tuinmachines reserves the right to refuse orders at any time without giving reasons.
  4. Lambrechts Tuinmachines reserves the right to cancel the order and/or the agreement in whole or in part, without any form of compensation and without any right of recourse against Lambrechts Tuinmachines, if certain products are not in stock.
  5. If an order and/or agreement is cancelled by or on behalf of a Buyer, who cannot be regarded as a Consumer, this Buyer is obliged to pay fixed compensation of 25% of the total invoice amount, without prejudice to Lambrechts Tuinmachines' express right to claim higher compensation if proof is provided. The Consumer is only obliged to pay the aforementioned compensation of 25% of the total invoice amount, without prejudice to the right to claim higher compensation if proof is provided, if he cancels the order and/or agreement regarding a product and/or service to which the right of withdrawal does not apply.
  6. The Consumer may cancel an order and/or an agreement concerning a product and/or service subject to the right of withdrawal, before it has been sent, free of charge, by contacting the customer service department of Lambrechts Tuinmachines. Cancellation of such an order and/or agreement by the Consumer after it has been sent must be done in accordance with the procedure for cancellation, as provided for in Article 4 of these General Terms and Conditions.

4. RIGHT OF WITHDRAWAL

  1. The Consumer has a right of withdrawal with respect to the products and/or services as described below, purchased via the Website, by telephone or by e-mail addressed to Lambrechts Tuinmachines. Pursuant to Book VI Market Practices & Consumer Protection of the Economic Code, the Consumer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. This withdrawal period expires, as far as products are concerned, on the fourteenth calendar day after the day on which the Consumer or a third party designated by him and which is not the carrier, acquires physical possession of the product and, as far as services are concerned, on the fourteenth calendar day after the day of the order.
  2. To exercise the right of withdrawal, the Consumer must inform Lambrechts Tuinmachines by an unequivocal statement by mail (Tervuursesteenweg 217, 3001 Leuven) or by e-mail of his decision to withdraw from the contract. The Consumer may also use the model withdrawal form for this purpose, but is not obliged to do so. To meet the withdrawal deadline, it is sufficient for the Consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
  3. The Consumer acknowledges that the delivery of the services will only take place after 14 calendar days unless a faster delivery is agreed upon at his express request, which constitutes a waiver of the right of withdrawal by the Consumer.
  4. The Consumer must send back the products or hand them over to Lambrechts Tuinmachines without undue delay and in any case no later than 14 calendar days after the day on which he/she communicated the decision to withdraw from the contract to Lambrechts Tuinmachines. The return shall be timely if the Consumer sends the products before the period of 14 calendar days has expired. The direct costs of returning the products shall be borne by the Consumer, unless otherwise agreed. The returned product must not have been used and must be in the same condition as at the time of delivery. Furthermore, the product must be returned in the original packaging in which the product was sent, opened or not, and including all accessories supplied with the product, so that Lambrechts Tuinmachines can still sell the product to a third party after the withdrawal. The Consumer is liable for the reduction in value of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and operation of the products.
  5. If the Consumer cancels the contract, the Consumer will receive all payments made at that time with respect to the product and/or service concerned back from Lambrechts Tuinmachines, including delivery costs (with the exception of any extra costs resulting from the Consumer's choice of a different method of delivery than the cheapest standard delivery offered by Lambrechts Tuinmachines) without delay and - subject to what is stated below - no later than 14 calendar days after Lambrechts Tuinmachines has been informed of the Consumer's decision to cancel the contract, taking into account that which is stated in article 12.2 of these General Terms and Conditions. Lambrechts Tuinmachines will then reimburse the Consumer with the same means of payment as the Consumer used for the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not have to pay any fees for such refunds. Lambrechts Tuinmachines may wait with the repayment until it has received the products back or the Consumer has demonstrated that he has returned the products, whichever comes first. If the Consumer partially revokes the agreement (for example: Consumer buys 2 products and returns 1 when he cancels), Lambrechts Tuinmachines will refund the delivery costs: a) either pro rata, if the amount of the shipping costs was determined based on the weight of or the number of products ordered; b) not refunded, (in whole or in part) if the shipping costs were determined as a lump sum.
  6. The right of withdrawal does not apply, inter alia (but without limitation), to: a) fully executed service contracts if the execution has started with the explicit prior agreement of the Consumer; b) contracts whereby the Consumer specifically requests the company to visit him in order to carry out urgent repairs or maintenance; c) delivery of products and/or services which have been customised for the Buyer or which are clearly intended for the Buyer d) the supply of goods which spoil quickly or have a limited shelf life; e) the supply of sealed goods which are unsuitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery and f) the supply of goods which, after delivery, are by their nature irrevocably mixed with other products.
  7. Under no circumstances does a professional Buyer have the right of withdrawal.

5. PRICE AND COSTS

  1. The price quoted relates only to the products and/or services as word-for-word described. Materials, accessories and equipment not mentioned in the information about a particular product and/or service are not included. The accompanying photo is intended to be decorative and may contain elements that are not included in the price quoted.
  2. All prices are expressed in euros and include VAT, any import/export duties and reservation and/or administration costs, but exclude any delivery or shipping costs.
    Unless explicitly stated otherwise, shipping costs are not included. They depend on the chosen mode of delivery, the weight of the products, the delivery address, etc.
  3. If the Buyer explicitly opts for delivery to his chosen address, and the relevant shipping costs have not been communicated in advance, the Buyer must contact Lambrechts Tuinmachines (016/22.86.44 or by e-mail to info@lambrechts-tuinmachines.be) for the exact costs he will have to bear with regard to the shipping and/or transport. The Buyer has the possibility to cancel the order free of charge immediately after being informed of the exact costs. The selected delivery method and final delivery costs shall also be stated on the Order Confirmation once agreed.
  4. Additional costs associated with the choice of payment method by the buyer can be charged by Lambrechts Tuinmachines.
  5. Lambrechts Tuinmachines reserves the right to change the prices mentioned on the Website, in catalogues, newsletters, brochures and other publicity announcements at any time. Nevertheless, the products and/or services are invoiced on the basis of the rates which apply at the time when the order is accepted. Obvious errors, manipulations or mistakes (such as evident inaccuracies) can also be rectified by Lambrechts Tuinmachines after the conclusion of the agreement.
  6. Currency fluctuations, increases in the prices of materials and raw materials, wages, salaries, social security contributions, government-imposed costs, (environmental) levies and taxes, transport costs, import and export duties or insurance premiums (purely illustrative list) that occur between the Order Confirmation and the delivery of the products and/or services may give rise to a price increase. If the price is increased, the Consumer has the right to dissolve the contract, free of charge, within 48 hours. This dissolution cannot give rise to the payment of any compensation by Lambrechts Tuinmachines.

6. DELIVERY

  1. Unless expressly agreed otherwise, the purchased products and/or services are only delivered after Lambrechts Tuinmachines has received the payment.
  2. Unless explicitly agreed otherwise, deliveries are made in accordance with the Incoterm® "Ex Works" (EXW) (Incoterms® 2010) by means of collection by the Buyer from the address of Lambrechts Tuinmachines. The risk in relation to the products (e.g. in terms of damage, destruction and disappearance) thus passes at the time when the products are made available for collection. At that time, Lambrechts Tuinmachines is also released from its delivery obligation.
  3. If the goods are not collected within five (5) working days, the Buyer will owe a storage fee of 1% of the full invoice amount per week. As soon as the planned date of collection is exceeded by ten (10) working days, Lambrechts Tuinmachines has the right to dissolve the agreement with the buyer, without prior notice of default and without judicial intervention, with effect from the date on which the dissolution is sent. In this case, the Buyer will owe liquidated damages equal to 35% of the total invoice amount, without prejudice to Lambrechts Tuinmachines' right to prove higher damage.
  4. If Lambrechts Tuinmachines and the Buyer explicitly agree in writing that the delivery by Lambrechts Tuinmachines will take place at an address chosen by the Buyer, then this will be in accordance with the Incoterm® "Delivery Duty Paid" (DDP) (Incoterms® 2010). The risk in respect of the products (e.g. in respect of damage, destruction and disappearance) therefore transfers at the time when the products are delivered to the address indicated by the Buyer. At that time, Lambrechts Tuinmachines is also released from its delivery obligation.
  5. Lambrechts Tuinmachines endeavours to deliver the purchased products and/or services as soon as possible. However, the delivery period, including that stated in the offers, orders and Order Confirmations, is always indicative and is not an essential element of Lambrechts Tuinmachines's obligations towards the Buyer. Exceeding the communicated delivery period can never result in the payment of any compensation or in the dissolution of the agreement between Lambrechts Tuinmachines and the Buyer. Lambrechts Tuinmachines can never be held liable for delays caused by the buyer or third parties.
  6. Changes to the order automatically result in the expiry of the presumed delivery periods.
  7. Any delivery not explicitly provided for in the agreement and/or the Order Confirmation is deemed to be an additional delivery at the Buyer's request and is charged as such.
  8. Lambrechts Tuinmachines always reserves the right to split deliveries or to attach other conditions to the delivery.

7. INVOICING AND PAYMENT

  1. Unless expressly agreed otherwise, the Buyer shall always pay the invoices in full in advance and shall bear any costs associated with this payment.
  2. Unless expressly agreed otherwise, all invoices are payable in cash at the registered office of Lambrechts Tuinmachines or in accordance with the payment methods offered on the Website.
  3. The Purchaser must notify Lambrechts Tuinmachines of complaints regarding invoices within a period of eight (8) working days after the invoice date, under penalty of inadmissibility, by means of a Letter of Complaint. These complaints do not release the buyer from its payment obligation.
  4. In the event of non-payment or incomplete payment on the due date of one of the invoices: (1) an annual interest rate of 12% shall apply, ipso jure and without prior notice of default, which shall be capitalised annually; (2) the Purchaser shall be liable, ipso jure and without prior notice of default, to pay liquidated damages equal to 10% of the invoice amount, with a minimum of twenty-five euros (€ 25.00) per invoice; (3) the Purchaser shall be liable, ipso jure and without prior notice of default, to pay all judicial and extrajudicial collection costs; (4) all other invoices of Lambrechts Tuinmachines, even those not yet due, will become immediately payable by law and without prior notice of default; and (5) Lambrechts Tuinmachines has the right to reclaim the delivered products from the Purchaser, to suspend the (further) execution of the relevant and/or one or more other agreements with the Purchaser and/or to dissolve these agreements, without prior notice of default or judicial intervention being required.
    Points (4) and (5) also apply in the event of (imminent) bankruptcy, judicial or conventional dissolution, application of the Belgian Act of 31 January 2009 on the continuity of enterprises, payment arrears, or any other fact as a result of which Lambrechts Tuinmachines reasonably loses faith in the creditworthiness of the Buyer.
  5. Acceptance of partial payment is subject to all reservations and is charged in the following order: (1) collection costs; (2) damages; (3) interest; (4) principal amounts.
  6. The entry of the outgoing invoice in the Lambrechts Tuinmachines outgoing invoice book is deemed to be the presumption of dispatch and receipt of the relevant invoice.

8. RETENTION OF TITLE

  1. The delivered products remain the exclusive property of Lambrechts Tuinmachines until such time as the Buyer has paid the principal sum, interest and costs in full. Until such time, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before the aforementioned amounts have been fully and correctly paid, the aforementioned right is transferred to the resulting sales price. However, the risk of loss or damage shall pass to the Buyer upon delivery. The Buyer undertakes, if necessary, to inform third parties of Lambrechts Tuinmachines's retention of title (e.g. anyone who might seize articles which have not yet been paid for in full).
  2. In the event of non-payment or incomplete payment on the due date of one of the invoices, Lambrechts Tuinmachines has the right, ipso jure and without prior notice of default, to reclaim the products already delivered from the buyer. When Lambrechts Tuinmachines receives the products back and they are still in good condition (the correct use and storage of these products is evaluated), the amounts already paid will be refunded to the buyer after deduction of: (1) the loss of profit, estimated at a flat rate of 15% of the total invoice amount; and (2) a fixed compensation of 5% of the total invoice amount for the (additional) management and administration costs. All this applies without prejudice to Lambrechts Tuinmachines's right to prove higher damage.

9. ACCEPTANCE, (CONVENTIONAL) GUARANTEE AND COMPLAINTS

  1. The Buyer must carry out an initial verification immediately on receipt of the purchased products and/or services. This immediate verification obligation includes (purely illustrative list): quantity, conformity of the delivery, visible defects, correct location(s), etc. The Purchaser must notify Lambrechts Tuinmachines of immediately verifiable defects, on pain of forfeiture of rights, within 72 hours of delivery by letter of complaint (by post or via info@lambrechts-tuinmachines.be), failing which the Purchaser is deemed to accept the delivered products and/or services as agreed.
  2. The commissioning, processing, repackaging and/or reselling of the products and/or services supplied by Lambrechts Tuinmachines is deemed to be approval and acceptance, counts as final delivery of the relevant products and/or services, and discharges Lambrechts Tuinmachines from its responsibilities and liability in accordance with article 10 of the General Terms and Conditions.
  3. Unless otherwise stipulated, complaints by the Purchaser regarding hidden defects in the delivered products and/or services must be reported to Lambrechts Tuinmachines by Letter of Complaint (by post or e-mail) within a period of 72 hours after discovery of the defect and no later than 6 months after the date of purchase.
  4. The Consumer reports such complaints to Lambrechts Tuinmachines within the legal guarantee period, on the understanding that Lambrechts Tuinmachines will not be liable for any loss of quality which may arise due to causes inherent in the nature of the product and/or service (such as, among other things, but not limited to normal ageing) or due to incorrect handling or misuse by the Buyer.
  5. In the event of justified complaints which are reported to Lambrechts Tuinmachines correctly and in good time, Lambrechts Tuinmachines will, at its own discretion: (1) replace the defective products and/or services; or (2) credit the defective part at the price indicated in the agreement or, failing that, in the Order Confirmation.
    The Buyer acknowledges that each of these measures constitutes full and adequate compensation for any damage resulting from any defects, and accepts that the execution of these measures cannot be considered as an acceptance of liability by Lambrechts Tuinmachines.
  6. The Buyer may not in any case return products to Lambrechts Tuinmachines under this article 9 without the latter's prior written consent. Lambrechts Tuinmachines reserves the right to inspect the defects on site together with the buyer and to determine the cause. If necessary, Lambrechts Tuinmachines will contact the buyer to arrange the return of the products accepted by Lambrechts Tuinmachines, with Lambrechts Tuinmachines bearing the costs in the event of a justified complaint.
  7. The possible replacement of products and/or services cannot give rise to the payment of any compensation, nor to the dissolution of the agreement between Lambrechts Tuinmachines and the Purchaser.
  8. Complaints and/or any (partial) replacement of products and/or services shall in no event release the Buyer from its payment obligation within the term(s) specified in the written agreement, the Order Confirmation, these General Terms and Conditions and/or the respective invoice.
  9. The Buyer is obliged to reimburse costs incurred as a result of unjustified complaints.
  10. If Lambrechts Tuinmachines and/or the producer of a certain product and/or service grants the Buyer a specific warranty with respect to this product and/or service, this warranty is subject to the conditions communicated by Lambrechts Tuinmachines and/or the producer concerned. The Buyer must comply with these conditions in order to be able to invoke this guarantee.

10. LIABILITY

  1. Lambrechts Tuinmachines' liability is limited to the liability which is obligatory by law and is in any case limited to the lower of the following two amounts: (1) the respective invoice amount (excluding VAT); (2) the amount that Lambrechts Tuinmachines receives from its insurer in the context of the respective liability file, pursuant to the third-party liability policy taken out by Lambrechts Tuinmachines.
  2. Lambrechts Tuinmachines shall in no event be liable for: (1) indirect damage (including, but not limited to, loss of turnover, damage to third parties), (2) defects caused directly or indirectly by the act of the Buyer or a third party, regardless of whether or not that act constitutes a fault or negligence, (3) damage resulting from the incorrect or inappropriate use of the purchased products and/or services nor for an unintended and/or undesired interaction as a result of simultaneous use of the product and/or service with other products and/or services, (4) damage as a result of non-compliance by the Buyer, his staff or employees and/or the end user with legal and/or other obligations.
  3. The Buyer is solely responsible for the resale of the purchased products and/or services and guarantees to comply with all (legal and other) obligations in this respect.

11. INDEMNIFICATION

  1. The Purchaser shall fully indemnify and defend Lambrechts Tuinmachines against all claims and proceedings, including those of third parties, which may arise from, or be the result of, any act or omission of the Purchaser, in contravention of the written agreement, the Order Confirmation, these General Terms and Conditions, and/or other (legal) obligations of the Purchaser.
  2. The Purchaser shall indemnify Lambrechts Tuinmachines for all damage, including court and other costs, arising as a result of its defence in respect of the claims and/or proceedings referred to under Article 11.1 of these General Terms and Conditions.

12. PROMOTIONS

  1. Promotional offers by Lambrechts Tuinmachines, in any form whatsoever (such as, but not limited to, price reductions, discount coupons, free shipping, etc.) must always be used in accordance with the guidelines, as expressly indicated in this regard. In any case, these can only relate to one (1) order, cannot be cumulated and are personal in nature.
  2. If the Consumer makes use of the right of withdrawal for products and/or services that were the subject of a promotion, Lambrechts Tuinmachines reserves the right to recalculate the price of the products and/or services that were not the subject of the withdrawal. For example: promotional action whereby when purchasing product A, product B can be obtained at half price. The Buyer withdraws product A. In that case, the promotional conditions are no longer met and the full price will have to be paid for product B. In that case, Lambrechts Tuinmachines will refund the money, in accordance with article 4 of these General Terms and Conditions, less the additional part that still has to be paid for product B.

13. FORCE MAJEURE AND HARDSHIP

  1. Lambrechts Tuinmachines is not liable for a shortcoming in the fulfilment of its obligations which is caused by force majeure or hardship.
  2. In the event of force majeure or hardship, Lambrechts Tuinmachines can, at its discretion and without any prior notice of default or judicial future being required, and without any right of recourse against Lambrechts Tuinmachines: (1) propose to the Buyer to replace the missing products and/or services by a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) dissolve the agreement between Lambrechts Tuinmachines and the Buyer out of court; and/or (4) invite the Buyer to renegotiate the agreement between Lambrechts Tuinmachines and the Buyer.
    If the Buyer does not participate in good faith in these renegotiations, Lambrechts Tuinmachines can, in accordance with Article 18 of these General Terms and Conditions, request the mediator to determine new contractual conditions and/or order the Buyer to pay compensation.
  3. Force majeure and hardship shall be understood to include (listed purely as examples) unavailability and/or scarcity of certain materials; scarcity of raw materials; currency fluctuations, increases in prices of materials, prices of auxiliary materials and raw materials, wages, salaries, social security charges, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums, occurring between the Order Confirmation and the delivery of the products and/or services; ice; special weather conditions; strike; mobilisation; war; illness; accidents; communication and IT failures; government measures; export ban; delay in supply; transport and/or travel impediments; including lack of or withdrawal of transport possibilities; export impediments; import impediments; breakdown; traffic jam; etc.

14. NETTING

  1. In accordance with the Law on Financial Securities of 15 December 2004, Lambrechts Tuinmachines and the Buyer automatically and ipso jure set off all currently existing and future claims against each other. This means that in the permanent relationship between Lambrechts Tuinmachines and the buyer, only the largest claim will remain after the aforementioned automatic set-off.
  2. This set-off will in any case be opposable to the trustee in bankruptcy and the other concurrent creditors, who will therefore not be able to oppose the set-off carried out by the buyer and Lambrechts Tuinmachines.

15. SUSPENSION AND DISSOLUTION

  1. In the event of any change in the Purchaser's situation, such as death, conversion, merger, takeover, transfer, liquidation, cessation of payment, collective or amicable settlement, request for postponement of payment, cessation of activity, attachment or any other circumstance which could damage the confidence in the Purchaser's creditworthiness, Lambrechts Tuinmachines reserves the right, due to that mere fact: either suspend the execution of one or more agreements with the Purchaser until the Purchaser provides sufficient securities for his payment; or declare one or more agreements with the Purchaser to be dissolved as from the date of sending of the dissolution, without prior notice of default and without judicial intervention, without prejudice to Lambrechts Tuinmachines' right to claim additional compensation.
  2. If the agreement between Lambrechts Tuinmachines and the Buyer is terminated, whether or not pursuant to the right of rescission described in Article 15.1 of these General Terms and Conditions, the Buyer loses the right to demand that Lambrechts Tuinmachines fulfils its obligations with regard to the terminated agreement.

16. INTELLECTUAL PROPERTY

  1. Lambrechts Tuinmachines remains the exclusive owner of all intellectual property rights which it holds on the products and/or services supplied by it.

17. PERSONAL DATA AND IMAGE MATERIAL

  1. The Buyer authorises Lambrechts Tuinmachines to include the personal data supplied by the Buyer in an automated database. These data will be used to carry out information or promotional campaigns in connection with the products and/or services offered by Lambrechts Tuinmachines. The Buyer authorizes Lambrechts Tuinmachines to transfer this data to third parties in order to process the order.
  2. The buyer can always request that his/her data be communicated and corrected. If the buyer no longer wishes to receive commercial information from Lambrechts Tuinmachines, the buyer must inform Lambrechts Tuinmachines: a) by mail: BVBA Lambrechts Tuinmachines, Tervuursesteenweg 217, 3001 Leuven or b) by e-mail: info@lambrechts-tuinmachines.be.
  3. The Purchaser authorises Lambrechts Tuinmachines to use visual material of the products and/or services supplied to the Purchaser for: (purely illustrative list) general information, publicity purposes, publication on the Website, publication in folder(s), etc.
  4. Lambrechts Tuinmachines undertakes, within the framework of the protection of personal data, to take, to the best of its ability, the appropriate technical and organisational measures needed to protect any personal data it processes against accidental or unlawful destruction, accidental loss, as well as against the alteration of or access to such personal data and against any other unauthorised processing.

18. LITIGATION

  1. Lambrechts Tuinmachines and the Purchaser undertake to apply the CEPANI mediation rules for all disputes which may arise from or in connection with this agreement. The place of mediation shall be Leuven. The language of the mediation is Dutch.
  2. If mediation fails, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one arbitrator appointed in accordance with those Rules.
  3. The Consumer also has the possibility of submitting a complaint directly online at the website of the European Commission via the Online Dispute Resolution platform: http://ec.europa.eu/odr/.

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