Article 1: Preamble
These conditions of sale apply to all contracts concluded between, on the one hand, the company Greenside SA, whose registered office is located at Tienne du Chenois 18, 1325 Dion Valmont, registered with the Banque Carrefour des Entreprises under number 0555.719.730, hereinafter referred to as “the seller”, and, on the other hand, any professional buyer or any consumer wishing to make a purchase via the seller’s website, hereinafter referred to as “the buyer”.
The following definitions apply:
-Consumer: any natural person who acquires or uses products placed on the market for purposes other than those of a professional or commercial nature.
-Professional buyer: any natural or legal person who does not fall under the definition of consumer given in the previous paragraph.

Article 2: Purpose
The purpose of these terms and conditions of sale is to define the contractual relationship between the seller and the buyer, and the conditions applicable to any purchase made through the seller’s website, whether the buyer is a professional or a consumer.
The acquisition of a good through this website implies the buyer’s unreserved acceptance of these terms and conditions of sale.
These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly approved by the seller.
The seller reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the buyer’s order.

Article 3: Characteristics of the goods offered
The products and services offered are those shown in the catalog published on the seller’s website.
Each product is accompanied by a description drawn up by the supplier.
The photographs in the catalog are provided for information only and are not contractual.

Article 4: Prices
The prices of the products and services displayed on the site are quoted in euros and include VAT.
The prices quoted do not include shipping costs, which will be charged as an additional item when the order is placed, but before payment is made.
The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of order confirmation.

Article 5: Geographic zones
The online sale of products and services presented on the seller’s website is reserved for buyers residing in Belgium.

Article 6: Orders
Any buyer wishing to purchase a product or service must :
– be over 18
– fill in the identification form or give your customer number if you have one;
– fill in the online order form, giving full details of the products or services selected;
– confirm the order after checking it;
– acknowledge having read and accepted these terms and conditions;
– make payment in accordance with the terms and conditions;
– confirm the order and payment.
The sale is considered complete when the buyer confirms the order.
No goods will be dispatched without order confirmation and full payment of the order.
Products and services are offered while stocks last. If an item is unavailable, the seller will inform the buyer by e-mail as soon as possible. The buyer will have the option of waiting (in the event of temporary unavailability) or cancelling the order of unavailable items at no charge.

Article 7: Right of renunciation
In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product. This right of renunciation does not apply to professional buyers.
Within this period, the consumer must first notify his intention to withdraw by e-mail and then return, at his own expense and risk, the delivered product to the seller’s administrative headquarters at Greenside SA, Tienne du Chenois 18, 1325 Dion Valmont.
Products must be returned in their original, undamaged packaging, with all accessories, the user manual and the original invoice/delivery note.
Products returned in this way must not have been unpacked, unsealed or used in any way.
Goods that are incomplete, damaged or soiled by the customer will not be taken back.
Within 30 days of acceptance of the return of the goods, the seller undertakes to refund any payment made, with the exception of shipping costs.
The consumer cannot exercise the right of renunciation for contracts :
1° supply of products made to the consumer’s specifications or clearly personalized ;
2° supply of audio or video recordings or computer software unsealed by the consumer

Article 8: Terms of payment
Payment is made on the site via the payment platforms offered and in particular by bank transfer, Visa, Mastercard, PayPal.
Items ordered remain the exclusive property of the seller until full payment of the order by the buyer.

Article 9: Deliveries
Deliveries are made to the address indicated on the order form, which can only be within the geographical area mentioned above, at the time of ordering, or by collection from the store: Tienne du Chenois 18, 1325 Dion Valmont (by appointment).
In the event of absence at the time of delivery to the address communicated by the purchaser, another delivery will be made the following day. Should the purchaser fail or refuse to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or, after prior formal notice, to consider the contract automatically terminated to the purchaser’s detriment. In the latter case, the seller will retain an amount equivalent to 30% of the sale price as compensation.
The order is delivered to the customer or executed only after full payment has been received. Ownership and risk are transferred when the order is paid for in full. The customer is therefore advised that he alone bears the risks associated with delivery.
On receipt of goods, it is the responsibility of the recipient to check the condition of the goods and to make any necessary observations. In the event of breakage, damage or shortages, the purchaser is obliged to refuse the goods or to accept them only subject to a written reservation on the carrier’s delivery note, to be completed jointly by the customer and the carrier. Any complaint concerning the goods delivered must reach the carrier, with a copy to the seller, within 48 hours of the date of receipt. The complaint must be addressed exclusively by registered letter to the registered office of the carrier Dina Logistics Industrielaan 11 B-1740 Ternat and of the seller: Greenside S.A. Tienne du Chenois 18, 1325 Dion Valmont and be accompanied by a copy of the purchase invoice and the delivery note completed with the above-mentioned written reservation. After this period, no further claims for apparent defects will be taken into consideration.
In the case of sales to professionals, transport is at the buyer’s risk.
The delivery times communicated by the seller are strictly indicative.
In all cases, the following circumstances release the seller from his obligations with regard to lead times:
1 – Cases of force majeure (including, in particular, stock shortages, strikes, technical incidents, supplier delays and labour shortages);
2 – If the terms of payment are not respected;
3 – If changes are decided by the customer after the order has been placed.

Article 10: Warranty
The seller guarantees the products it sells to consumers in accordance with the law of September 1, 2004 on consumer protection in the event of the sale of consumer goods (articles 1649 bis to 1649 octies of the French Civil Code).
Consumers who discover the non-conformity of a product sold within 2 years of delivery of the goods must notify the seller within 2 months of the discovery by registered letter or e-mail.
This warranty covers only defects in conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as incorrect adjustment, use of non-compliant gas, failure to follow instructions for use and installation, water damage, freezing, oxidation, dropping or impact, negligence and wear, failure to comply with reference standards, are not covered by the warranty. Similarly, repairs carried out by technicians not approved by the supplier will invalidate the warranty.
The invoice or delivery note serves as proof of warranty and must be kept by the consumer and produced in the original.
The professional buyer benefits from the manufacturer’s warranty.

Article 11: Responsibilities
The seller, in the online sales process, is only bound by an obligation of means; it cannot be held responsible for any damage resulting from the use of the Internet network and online payment, such as loss of data, intrusion, virus, service breakdown or other involuntary problems.
The data on the site is given in good faith. Links to manufacturers’ and/or partners’ websites are provided for information purposes only and have no contractual value. The seller cannot be held responsible for information from these sites.
The buyer is responsible for the choice and use of the product delivered by the seller. The buyer certifies that he/she is at least 18 years of age at the time of ordering. The seller declines all responsibility in the event of inaccuracy of information communicated to him by the buyer.

Article 12: Intellectual property
All elements of the seller’s site are and remain the exclusive intellectual property of the seller.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple link or hypertext link is strictly prohibited without the express prior written consent of the seller.

Article 13: Personal data
The purpose of the cookies used on the vendor’s website (https://hydrokube.be) is to record the user’s browsing preferences and to improve user comfort. None of these cookies record any personal data that could be used to contact the user by telephone, e-mail or post. Users may modify their browser settings to prevent the creation of cookies, at the risk, however, that certain parts of the site may no longer function optimally.
All personal data required to process an order is stored by the seller or its employees and may be passed on to companies with which the seller – or its suppliers – collaborates, where such communication is necessary to process the order.
The user also authorizes the seller to use this data to compile statistics in order to improve its site and the goods and services it offers.
This information may also be used to disseminate, by any means of communication, information relating to the seller’s commercial activities to its customers.
Lastly, the seller retains personal data to facilitate warranty and after-sales service follow-up, as well as subsequent orders.
Without prejudice to the foregoing, the seller undertakes not to disclose any personal information in its possession to any other company or business.
The data stored by the seller can be requested and corrected at any time.

Article 14: Periodic newsletter
By filling in the fields for the periodic newsletter, the buyer agrees to receive information from the seller at regular intervals at the e-mail address provided. You can unsubscribe from the newsletter at any time by clicking on the “unsubscribe” button at the bottom of each newsletter.

Article 15: Proof
The parties accept, within the framework of their relations, electronic means of proof (by way of example: email, computer backups, etc.).

Article 16: Dispute resolution
Except in the event of legal action for payment, the parties undertake to attempt to resolve by mediation or judicial conciliation any dispute relating to the validity, interpretation or performance of the contract.
This will begin no later than fifteen (15) clear days after the request for mediation or judicial conciliation notified by one party to the other. The duration of mediation may not exceed thirty (30) clear days, unless expressly agreed by the parties.
With a view to amicably settling any dispute arising from a contract for the sale of goods or services online, consumers who so wish may also contact our services directly at info@hydrokube.be or use the online dispute resolution platform set up by the European Commission and available at the following navigation address: https://webgate.ec.europa.eu/odr.
The seller also certifies that it is not affiliated with an alternative dispute resolution organization.
In the event of legal action for payment or failure of the out-of-court settlement, judicial mediation or judicial conciliation procedure, the courts having jurisdiction over the seller’s registered office shall have exclusive jurisdiction, unless otherwise stipulated by mandatory law.
These online sales conditions and the sales contract are governed by Belgian law.

Article 17: Severability clause
If one or more articles of these general terms and conditions of sale should be invalidated for any reason whatsoever, such circumstance shall not render this contract null and void as a whole, nor prevent the performance of the remaining provisions.
In the event that the offending provision affects the very nature of these general terms and conditions, each party will endeavor to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as close as possible to the effect of the invalidated provision.

Last modified March 1, 2018