1 – In general
1.1. Offers are made by ATRAXION BV in Aartselaar, Industrieweg 17-19, BE 0455.022.644 T: +32 3 870 80 90, F: +32 3 877 90 35, Email: [email protected].
1.2. Each order placed with ATRAXION is subject to these terms and conditions. Except where this is expressly otherwise stated on the order form, the Buyer accepts by mere placing of the order that these general terms and conditions apply, to the exclusion of all other conditions. The Buyers own conditions are excluded, unless they have been accepted by Atraxion, in writing and expressly.
2 – Prices
2.1. All prices quoted are in EURO, always exclusive of VAT and exclusive of other taxes obligatory on behalf of the Buyer.
2.2.If delivery-, reservation-, or administrative costs are charged, this will be stated separately.
3 – Offer
3.1.ATRAXION always endeavors to display the most recent information prices for each of its goods (commitment of means.) Despite the fact that the online catalogue and the e-commerce website have been compiled with the greatest possible care, it may happen due to circumstances that the information provided is incomplete, contains material errors or is no longer correct. ATRAXION appreciates being informed of any price differences identified by the Buyer. This allows ATRAXION to adjust those differences quickly and optimize its services.
3.2.Apparent mistakes or errors in the offer do not bind ATRAXION. ATRAXION is only bound to a means obligation with regard to the correctness and completeness of the information provided. ATRAXION cannot be held liable for this.
3.3.ATRAXION reserves the right to correct erroneous information and typesetting or printing errors apparently based on a material error.
4 – Delivery and visible defects
4.1.Orders are handled in order of entry.
4.2. The delivery of goods that are in stock, normally takes place within the 48 hours, when the destination is within the Benelux.
4.3.Delivery times are always indicative.
4.4.If delivery is delayed, either due to being (temporarily) out of stock, or for other reasons, or if an order cannot or only partially be executed, ATRAXION may suspend delivery when it can no longer guarantee delivery within a reasonable period. In that case, the Buyer has the right to cancel the order at no cost. If ATRAXION has already received the payment, it will be refunded.
4.5. ATRAXION reserves the right to refuse an order, to discuss the prices or to attach additional conditions to the delivery.
4.6.Any visible damage and / or qualitative shortcoming on delivery must be reported to ATRAXION by the Buyer without delay and at the latest within 2 days. If the damage and / or shortcoming is proven, the order can be returned.
When the order placed with ATRAXION is delivered via a platform, the return policy of the relevant platform applies, which has been previously agreed with ATRAXION.
5 – Payment method
5.1.The invoices are payable in cash.
5.2.Any order with a value above EUR 400 (exclusive of VAT) is delivered free. Payment of such order must be made in cash / by direct debit / by bank transfer / before departure of the goods.
For every order with a value below EUR 400 (exclusive of VAT), transport costs are charged according to fixed rates per country. These transport costs are communicated at the latest at the time of invoicing.
An order with a value of 200 euros (exclusive of VAT) or more paid by direct debit will also be delivered carriage paid.
6 – Sanction for non- or late payment
6.1.In case of non- or late payment, the Buyer will owe a default interest of 1 % per month on the outstanding invoice amount from the date of the default by operation of law and without prior notice of default.
6.2.In addition, the Buyer is legally and without prior notice of default owing a flat-rate compensation of 10 % of the outstanding invoice amount, with a minimum of 100 euros per invoice.
7 – Recytyre
Recytyre contributions are charged extra in Belgium.
8 – Retention of title
8.1.The delivered items remain the exclusive property of ATRAXION until full payment of the price by the Buyer.
8.2.If necessary, the Buyer undertakes to inform third parties of ATRAXION’s retention of title.
9 – Transfer of risk
The risk of loss or damage passes to the Buyer when the goods leave ATRAXION’s warehouses.
10 – Liability
In case of fraud, deliberate mistake or serious mistake, we are not liable for or obliged to compensate intangible, indirect or consequential damage, regardless of the cause.
11 – Waiver of sales and return
11.1.Goods will only be taken back after ATRAXION’s agreement, if they are returned in their original condition and packaging and provided payment of the administration costs amounting to 10% of the invoice amount.
11.2.The Buyer has 14 days from the moment the online form (webshop) was sent and ATRAXION’s return agreement was obtained to return the ordered goods.
11.3.If the returned product is in any way diminished in value, ATRAXION reserves the right to hold the Buyer liable and to claim damages for any depreciation of the goods resulting from the use of the goods by the Buyer that goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
12 – Personal data
12.1.The data controller, ATRAXION respects the General Data Protection Regulation.
12.2.As the controller of the processing of personal data, ATRAXION guarantees the secure transfer of the personal data you provide.
12.3.The personal data you provide will only be used for the following purposes:
- for careful customer and order management;
- for our business operations (e.g. processing orders);
- for sending of our own promotions and personalized advertising or those of carefully selected third parties after your prior approval (newsletters, advertising and / or marketing purposes);
12.4.All personal data are intended for internal use, are treated confidentially and are not disclosed to third parties.
13 – Newsletters
You will only receive mailings, newsletters, advertisements from ATRAXION if you have previously agreed to this(opt-in).
14 – Address change
We request that you keep us informed of address changes via the email address [email protected] If you do not send a change of address, you are supposed to live at the last address known to us.
15 – Intellectual property right
All parts of the ATRAXION webshop, both visual elements and technologies used, are protected by the law of intellectual property. They are the exclusive property of ATRAXION.
17 – Divisibility
If any provision of these General Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
18 – Applicable law and jurisdiction
18.1.Belgian law applies to legal disputes related to the content, interpretation and execution of agreements concluded between ATRAXION and the Buyer, with the exception of the provisions of private international law on applicable law.
18.2.The courts of the judicial district of Antwerp, the Antwerp department and the Justice Of The Peace of Kontich are authorized to take cognizance of legal disputes as referred to in the previous paragraph.