Conditions

1. Scope

These general terms and conditions of sale shall apply to all of our goods and services. By placing the order, the purchaser undertakes to comply with these general terms and conditions of sale.

These terms and conditions exclude all of the terms and conditions of the client. Any derogation from these contractual provisions shall be refused, unless we have expressly confirmed the derogation in writing and if it is explicitly stated.

SMISDOM PLASTICS NV reserves the right to amend these General Terms and Conditions at any time. The client shall keep himself informed of these whenever they apply.

2. Orders

a) In the event of an order for a product offered on the website, the client shall be deemed to have accepted these General Terms and conditions.

b) An order shall only become final subject to written confirmation from the company SMISDOM PLASTICS NV

3. Products and Availability

a) The products offered for sale on the website shall include a general description of their main features. However, the wording, photos and other aspects of the product description shall not be contractually binding. SMISDOM PLASTICS NV undertakes to do its utmost to rectify any errors or omissions noted.

b) SMISDOM PLASTICS NV shall do everything in its power to display product availability in real time on the website, but cannot be held liable if a product is not available to fulfil the order of a client. If a product ordered is not available, the client shall be informed of this fact in person based on the details entered by the client himself.

4. Delivery

a) Our delivery terms and conditions are purely for information purposes. A full or partial delivery outside of the period stated shall not entitle the client to cancel the agreement.

b) If the goods are not accepted in time by the client, this shall be deemed to express a wish to cancel the agreement; SMISDOM PLASTICS NV shall then be entitled to claim compensation or interest for this breach of contract, or to demand that the agreement be honoured without prejudice to the right to claim compensation. 

c) The goods shall be despatched from our warehouse at the risk of the recipient. The cost of transport shall be charged to the customer.

5. Force Majeure

a) SMISDOM PLASTICS NV shall consider the following as force majeure:

- a fire, a flood, or any other accident resulting in the company premises or the stock becoming totally or partially damaged, or preventing the company from trading;

- a strike or lock-out;

- disruption to the work as a result of a disruption in the supply of raw materials or energy, or disruption in the transport, a computer failure, etc.;

- any other disruption to the work beyond the control of the seller.

b) The said events shall also be deemed to be force majeure if they take place at another company which is instrumental in the performance of the sales agreement.

6. Payment

Unless stated otherwise, payment shall take place immediately on-line, at the time of the order. Our website is equipped with the secure payment system of Paynl.

7. Retention of Title

The parties expressly agree that SMISDOM PLASTICS NV shall remain the sole owner of the goods and accessories until they are paid in full by the client, without prejudice to the risks of force majeure as stated under Art. 5.

8. Defects

If the goods are defective in any way, the client shall notify SMISDOM PLASTICS NV of this fact within three days from receipt, by registered letter, by fax or by a writ to the registered office of the company. Upon expiry of this term, the complaint shall be null and void, and the goods can no longer be returned, and no discount shall be granted.

The goods shall not be refused on the grounds of minor technical differences in colour or appearance. A justified complaint shall only result in the goods being returned and replaced. No compensation shall be paid for any direct or indirect loss or damage.

9. Governing Law and Jurisdiction

The client expressly accepts that the sales agreement is concluded in Sint-Truiden, Belgium, and that the contractual language shall be Dutch.

The General Terms and Conditions shall be governed by Belgian law. In the event of any dispute, the parties shall make every endeavour to reach an amicable agreement before instituting any legal proceedings. If no amicable agreement can be reached, the courts within the legal district of Hasselt shall have sole jurisdiction.

If any provisions of the purchaser state otherwise, this shall not in any way affect the jurisdiction of the courts of the legal district of Hasselt.

10. Delivery

The goods shall be delivered as soon as payment is confirmed by the payment institution. The average delivery period for items in stock shall be three to eight working days.

Any problem with the delivery (a missing or damaged item) shall be notified to us within 48 hrs from receipt, by e-mail to the address info@smisdomplastics.be. The product concerned for which a replacement or a refund is requested, must reach us within fourteen days from receipt of the consignment.

SMISDOM PLASTICS NV shall charge a fixed administration fee of €20.00 for processing and despatching your parcel. This charge shall also apply in the event of a full or partial return of the order. You can receive your parcel directly at home or at an address of your choice.

11. Payment Method

Payment for purchases shall be made via the payment systems provided.

Only the payment provider shall be liable in the event of any problem concerning the payment.

12. Returns/Replacement /Warranty

In accordance with Belgian law, any client shall be entitled to cancel the order by informing SMISDOM PLASTICS NV of this fact within fourteen days from the date of delivery, by returning the parcel postage paid. Prior to this, the client shall send an e-mail to info@smisdomplastics.be, stating that he wishes to return the parcel. The company SMISDOM PLASTICS NV shall subsequently notify the client of the return address.

If the client abuses this right to return goods, SMISDOM PLASTICS NV reserves the right to refuse any future order. SMISDOM PLASTICS NV shall not charge another processing fee in the event of a replacement order.

If any of the items fails to meet the client’s requirements, SMISDOM PLASTICS NV undertakes to refund the item, providing the item is returned in its original packaging and that the reasons for the return are explained in full by e-mail prior to returning the parcel, as well as in the documentation that must accompany the parcel. SMISDOM PLASTICS NV shall charge a processing and payment fee, even if the parcel is returned complete.

TIP: In order to make it easier for you to return an item, SMISDOM PLASTICS NV proposes to pay the refund directly into your bank account. In order to use this practical, secure and fast service, simply fill in the IBAN number of your bank account on the returns note which you must despatch with the returns. We shall then transfer the money as soon as possible.

13. Intellectual Property

The website and its entire content are protected by the intellectual property rights in force. They are the exclusive property of SMISDOM PLASTICS NV. This website is strictly for personal use. Any public reproduction or communication of the brands, the text, the photos or any other material on the website is strictly forbidden without the express written permission of SMISDOM PLASTICS NV. Any link which makes direct reference to this website, shall be subject to the express prior permission of the company.

14. Liability

SMISDOM PLASTICS NV only undertakes to fulfil its best efforts obligations in terms of all of the access steps to the website, the order, the delivery and after-sales service. SMISDOM PLASTICS NV cannot be liable for any inconvenience or any loss or damage as a result of internet use, such as a disruption in the service, external hacking or the presence of a virus, or any other incident that could be construed as force majeure. In any event, the vendor’s liability under the General Terms and Conditions shall be restricted to the sum paid or the sum due for the transaction that has given rise to this liability, regardless of the cause or the form of the action concerned.

15. Unenforceability and Full Agreement

If one or several provisions of the General Terms and Conditions are deemed to be unenforceable, or are declared to be unenforceable by law, rules or regulations or as a result of a ruling pronounced by a competent jurisdiction, all the other provisions shall remain in full force and effect.

The General Terms and Conditions and the order statement despatched to the client, shall form an integral part of the contract, and constitute the full agreement governing the contractual relations between the Parties. In the event of any contradiction between these documents, the General Terms and Conditions shall prevail.