Terms & Conditions
1 Definitions & Scope
- In the underlying General Terms and Conditions we define
- Diveolution BVBA
- Every natural person or legal entity who will engage or is engaged in any type of contractual relationship with Diveolution.
- 'Consumer Buyer'
- Every natural person or legal entity who, exclusively for non-professional purpose, uses or acquires products or services available on the market.
- The subject of one or more mutual agreements
- The next sites (together of separate), administrated by Diveolution : www.diveolution.be, www.diveolution.com, www.diveolution.eu.
- These Terms and Conditions are applicable on all offerings of Diveolution, as well as on all mutual agreements, engaged with Diveolution. For every purchase, the buyer will actively confirm his/her agreement with the most recent version of the Terms & Conditions by acknowledging the checkbox on the website.
- There can be additional terms and conditions applicable, aside from the General Terms and Conditions, if explicitly stated. If there are differences between the additional and general Terms and Conditions, the additional Terms and Conditions will have privilege above the general Terms and Conditions, except if explicitly stated different.
- Deviation from one or more statements from the General Terms & Conditions is only possible if explicitly agreed upon by writing. All other terms or conditions, not covered in this writing, remain valid.
- General Terms & Conditions, used by the Buyer, are not applicable, unless explicitly agreed upon by Diveolution, in writing.
- Diveolution has the right to modify or extend the General Terms and Conditions at all times, for future orders.
- By using the websites of Diveolution and/or services offered on the websites of Diveolution and/or placing orders, the Buyer is accepting the most recent version of the Terms and Conditions, as well as all other rights and duties, as stated on the website.
- Diveolution is authorized to have assistance from third parties for executing the agreement made with the Buyer.
2. Special offerings and setup of mutual agreements
- Special offerings are valid as long as available in stock.
- A personal quote or offering is valid for two (2) weeks, except if a different duration is stated in the quote.
- A mutual agreement is active when the Buyer received an order confirmation, by email if the offering has been made using the website, sent to the email address provided by the Buyer.
- The Buyer and Diveolution agree explicitly that a valid agreement can be made by making use of electronic communication means. Including the absence of a regular signature will not reduce or remove the validity of the agreement and offer and its acceptance. Electronic data and files, owned by Diveolution, are a start of proof, as far as allowed by the law.
- Information, pictures, verbal communication, requests etc ... related to all offerings and most important product features, communicated by phone or email will be delivered or executed as accurate as possible.
- All pricing is stated in Euro's (EUR) and are VAT included (21%).
- Special offerings are in all circumstances limited in time and are valid only as long as available in stock.
- De Buyer is due the price, communicated by Diveolution in the confirmation, in conformity with article 2.3 of these Terms and Conditions. Apparent (editing) errors in pricing, like mistakes most evident, can be corrected by Diveolution also after the mutual agreement is active.
- Costs related to shipment are clearly communicated to the Buyer. With respect to some specific payment methods some additional terms and conditions apply, applicable to way of delivery and cost. This will be clearly communicated to the Buyer.
- Orders on the website can be payed by :Bij bestellingen via de Website kan op de volgende manieren worden betaald:
Diveolution can add payment methods in the future. New payment methods will be communicated on the site.
- Wire Transfer
- To guarantee a safe and secure online payment and processing of your personal information, this data will be transferred over the internet encrypted, using SSL technology. No special software is needed, it is supported by your browser by default. You can recognize an encrypted link by the "lock" on the status bar of your browser and by "https" in the address bar.
- When the payment period, agreed with Diveolution, is passed and no payment by the Buyer is done, then the Buyer is failing. Payment periods can only be agreed upon by writing with conditions and terms then to be agreed upon.
- When the Buyer is not paying or the payment is delayed, then the Buyer has to pay interest, amount set by legal interest rate, starting the day after the original payment was due until final payment is completed.
- In case the Buyer is not fulfilling is (payment) duties, the Buyer has to cover all judicial costs that Diveolution had to make because of that.
- In case the payment of the Buyer is not executed in time, Diveolution is allowed to stop immediately the agreement or further delay any delivery until the Buyer fulfilled the payment duties, the interest and related costs.
5. Delivery and Delivery time
- Orders are delivered as soon as possible. If not stated differently, the delivery time will not be longer than 30 days after receiving the order. Except when payment is done by wire transfer. Then delivery time is maximum 30 days after receiving the payment.
- Delivery will take place on the address, set by the Buyer during process of making the order or agreement.
- Once the goods are delivered at the address, set by the Buyer, the product related risks are owned by the Buyer.
- For delivery abroad, different terms might exist.
- When overall delivery is cut in different deliveries (e.g. when some but not all ordered products are in-house), Diveolution has the right to define every delivery as a separate transaction.
- Buyer is due to take the good over the agreed upon period. In case of failing of this, Diveolution has the right to claim the payment of the agreed upon price of the not accepted part as opposed to assume the agreement is broken up, without any judicial intervention (if any prepayments, if available, are sent back to Buyer)
6. Failure and duration of Complaints
- De Buyer is obliged to (have) inspect the delivery accurately immediately after receiving the goods. Complaints from the Buyer, applicable to damage or failure, externally visible, of the goods or delivery have to be reported to Diveolution in writing by the Buyer within seven (7) days after delivery (or within seven (7) days after date of the invoice if the products were not been able to be delivered to the Buyer).
- De Buyer, not being the Consumer Buyer, is not allowed to ship back the products if no valid and well motivated complaints exist. If this is done anyway, then all costs related with this shipment, are due by the Buyer. In this case, Diveolution is free to store the goods with a third party and, on request from the Buyer, ship back the goods. All costs and risk is for the Buyer.
7. Right to deny or change
- According the Belgian trade practice law from July 14, 1991, protecting and informing the Consumer Buyer (called W.H.P.C from here), the Consumer Buyer is allowed to ship back the products within seven (7) days of receiving the goods, without any reason or cost to execute this right to deny. Excluded from this right is software, CD-roms or other comparable products where seal is broken or software that has binding and active product registration. There is no right to deny when the product and package or in the original, complete and undamaged state. All documents, warranty forms and packing material should be included in the return. Returning the goods should be done same way as the original shipment. When executing the right to deny, the Consumer Buyer is obliged to return the goods within seven (7) days after delivery, in same conditions and including the bank account number. Costs for return are due for the Consumer Buyer.
- In case the Consumer Buyer is making use of the right to deny, as described in previous article, Diveolution will take care to pay back the payment, paid by the Consumer Buyer to Diveolution, by wire transfer on the account as received by the Consumer Buyer.
- Diveolution is never accountable for any damage, theft or loss of the package or goods during return of the goods by the Buyer Consumer. Returning the goods is under exclusive responsibility and risk of the Buyer, including any consequences resulting from damage.
- According Article 80, §4, 2° W.H.P.C., the Consumer Buyer cannot execute the right to deny for agreements on delivery of products, that are specified and created according specific specification from the Consumer Buyer, that have a clear personal touch or by nature cannot be sent back or age fast.
- If the returned product, received by Diveolution, is not fulfilling the requirements stipulated above, there will not be any refund. The product remains ownership from the Buyer, who is obliged to pick up the good within two weeks. On request from the Buyer, the product can be sent back. Costs and exclusive responsibility for the Buyer.
- Despite the effective delivery, the ownership of the product will transfer to the Buyer only when all the due payments for this product are fulfilled, including payment of interests and costs if applicable.
- The Buyer cannot tax, sell, transfer, take away or modify the goods before full ownership is established.
9. Warranty and accountability
- Warranty on products delivered by Diveolution is as defined by the manufacturer of the specific product. In case the delivery is not according the agreement, the Buyer has to notify Diveolution within 2 months after discovery of the anomaly. Consumer Buyers have the rights as defined in article 1649bis till 1649octies of the Civil Code.
- If Diveolution, for whatever reason, has to cover the damage to a Buyer, not being a Consumer Buyer, the fee will never be higher than an amount equal to the value on the invoice, related to the product or service that caused the damage.
- In all cases (for Consumer Buyers and other Buyers) of damage with whatever cause, accountability of Diveolution is leveled to the maximum level that will be covered by the insurance company from Diveolution.
- Not limited by the statements in this article, there is no warranty in the following cases :
- When there is product wear that can be assumed normal
- If modifications or repairs are done without approval from Diveolution or the manufacturer
- When the original invoice is missing, changed or unreadable
- When damage is the result of misusage or abuse of the product
- When damage is originated from deliberate, major neglecting or lack of service
- De Buyer, not being a Consumer Buyer should exclude Diveolution of any accountability that third parties would like to claim due to any causes, related with execution of agreement with Diveolution (e.g. results of damage), as long as the law is not rejecting that any of this damage and costs are accounted by the Buyer.
- It's possible that Diveolution includes some links to third party websites from the Diveolution website, just because they might be interesting. Links like that are only informative. Diveolution is not responsible for the content of this website or its usage.
- When costs are made to find out the root cause of a product defect or part of it, when that product is out of warranty and these costs are excluded from warranty according article 9.3, these costs are on account for the Buyer. Diveolution will always try to notify upfront about these costs. When the costs have a sense of urgency, it's not possible to expect that Diveolution can always make upfront notice. In no single case can the absence of upfront notification remove the accountability for these costs from the Buyer.
- When costs are made to repair a product defect or part of it and these costs are excluded from warranty according article 9.3, the Buyer will be notified. When there is no explicit written agreement from the Buyer about the costs of a repair, the Buyer can receive their property with payment of shipment and costs made to investigate the repair. When the Buyer does not pay these costs within six (6) month after receiving the quote for repair, then should this be assumed as release of all right and claims, including ownership, to Diveolution.
- On used, 2nd hand or demonstration items, a limited warranty can be applicable.
10. Circumstances beyond one's control
- In case of circumstances beyond one's control, Diveolution is not obliged to fulfill all duties regarding the other parties. Diveolution has the right to postpone their duties for the duration of the unforeseen circumstances.
- Circumstances beyond one's control include all of their wanted situations whereby fulfilling their duties for the other party is completely or partly obstructed. These can include strikes, fire, company disturbances, energy disturbances, disturbance in (telecom) network or connection or the used communication systems and/or not availability of the website, not or not-in-time delivery from vendors or other third parties and missing delivery of any government supplied licenses.
11. Intellectual Property
- The Buyer recognizes explicitly that all rights of intellectual property of advertised information, notifications or other forms related to products and/or the Website are owned by Diveolution, it's vendors or other partners.
- Intellectual property includes rights of patents, author, branding, drawings and models and other (intellectual property) rights, including technical en/or commercial know-how, methods and concepts, applicable or not for patent filing.
- It's not allowed for the Buyer to use and/or modify any of the intellectual property as described in this article, as for example copy or reproduction, without explicit and upfront written approval from Diveolution, its vendors or other partners, except for private usage of the product itself.
12. Personal data
- Diveolution will only use and process the data of the Buyer as described in the Privacy Statement.
- Diveolution takes into account the rules and laws applicable on this.
13. Applicable law and competent judge
- Only the Belgium law is applicable on all advertisements and agreements, excluding principles on conflict of rights in space.
- Explicitly excluded is the applicability of the Vienna Sales Convention.
- All conflicts, related or originating from advertisements from Diveolution or agreements with Diveolution, will be presented to a competent judge in Leuven, except if a ruling law explicitly points to an alternative competent judge.
15. Miscellaneous conditions
- The registered office of Diveolution BVBA is located in 3000 Leuven, Pereboomstraat 26, Belgium, with KBO nr 0807135.515. All correspondence regarding an agreement and/or these terms and conditions should be sent to Diveolution on the address stated above or to e-mail address email@example.com.
- Diveolution will try to reply to all received emails within 24 hours. In case of notification of complaints to Diveolution, the Consumer Buyer will receive, in any case within five (5) working days, a timeframe within they will receive a proposal to come to a solution or mutual agreement regarding this matter.
- In case any statement in these General Terms and Condition are not legal, not valid or for any reason not applicable then will this statement be assumed to be taken out, divided from the remaining General Terms and Conditions. This can have no impact on the validity and enforceability of the remaining statements.
- All parties will replace any invalid declared statement with an equivalent statement that fits the character of this agreement and/or General Terms and Conditions.
- These General Terms and Condition are the complete agreement between Buyer and Diveolution applicable on the included items.
General Terms and Conditions, Diveolution BVBA, January 1, 2010