Sales terms and conditions

Sales terms and conditions of Greenside s.a

(Version 01/06/2021)

These terms and conditions apply to all sales of products or services between any customer and Greenside sa (trading as Hydrokube) located at Tienne du Chenois, Dion V. 18, 1325 Chaumont-Gistoux, T.V.A. BE 0555.719.730 (R.P.M. Nivelles) (hereinafter “Greenside“).

These Greenside terms and conditions are divided into three parts:

The “basic conditions“, which apply to all types of customer in all cases.
The “EXPORT conditions“, which supplement, and in the event of contradiction supersede, the basic conditions when products or services are delivered outside the Benelux.
The “consumer conditions“, which supplement, and in the event of contradiction supersede, the “basic conditions” and the “export conditions” when the customer is a consumer. In accordance with article I.1 of the Belgian Code of Economic Law, a “consumer” is defined as any natural person who acts for purposes which do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity.

Part I – Basic conditions

ART. I.1. Application and modification of the general terms and conditions

These terms and conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties in connection with the acceptance of orders and sales by Greenside, including any ancillary services. Unless otherwise expressly agreed in writing, the general terms and conditions listed below apply to all our sales and ancillary services. They are deemed to be known to the customer.

Any deviation from these general terms and conditions is subject to our express written agreement. All other conditions are excluded, in particular those resulting from the customer’s general terms and conditions, even if the latter stipulate that they alone are valid.

Greenside reserves the right to modify these terms and conditions at any time: the applicable version of the terms and conditions will be that in force on the date of the customer’s order.

ART. I.2 Offers and orders

Our offers are based on the information provided by the customer. We assume no liability for errors resulting from inaccurate, imprecise or incomplete data, the interpretation of the data communicated being assumed to be accepted by the customer. Our commitments are valid only for the supplies described in the offer. Any order not preceded by a written offer from us will only be binding on us if accepted in writing.

When an order is placed on the Greenside (Hydrokube) website (hereinafter the “Site”), each Order placed by the customer constitutes an offer to purchase subject to these Terms and Conditions . Greenside may accept or decline an Order at its discretion. An Order shall not be accepted before the earlier of (i) the date of Greenside’s written acceptance of the Order (evidenced by the dispatch of an order confirmation to the Customer) or (ii) the date of delivery.

In the absence of our written acceptance, unilateral modifications made by the customer to his order form or to our offer are null and void. Orders may not be cancelled without reimbursement of the costs incurred.

Unless specifically and expressly stated otherwise in the order, the products and services sold are those listed in the official Greenside catalog published on the Greenside website. Product specifications are those appearing in this catalog. Catalog photographs are provided for information only and are not contractual.

ART. I.3. Prices

The prices are those indicated by Greenside on the Website at the date of the order or those agreed between the parties and indicated in the order accepted by Greenside in accordance with article I.2.

All our prices are in euros, excluding VAT. Any increase in VAT or any new tax imposed between the time of order and the time of delivery will be charged to the customer.

Unless otherwise stipulated in our special conditions, our prices are for delivery to our premises, with transport costs always payable by the customer.

Unless stipulated in the special conditions, any travel required to start up and adjust the equipment supplied is not included in our price quotations. Such travel will always be invoiced separately.

Greenside reserves the right to modify its prices at any time (the prices applicable to the order remain those in force at the time of order confirmation).

ART. I.4. Payment

Invoices are payable in euros at our registered office, net and without deduction of discount.

If payment is made by bank transfer, the account to be credited is as follows:

Owner : Greenside SA

IBAN: BE84 7320 3320 3959

BIC: CREGBEBB

Banking institution: CBC Banque.

Any change to our bank details may be communicated to the customer by e-mail.

Any dispute relating to an invoice must be notified to us in writing within 8 days of it being sent. Failing this, the invoice will be considered irrevocably accepted, and no further action will be taken.

Claims under articles I.9 and I.10 below do not release the customer from the obligation to pay when due. Non-compliance by the other party with a single payment due date, for any reason whatsoever, and for any contract whatsoever, entitles us to suspend the performance of our obligations arising from all contracts binding us to the customer, until all amounts due have been paid in full.

In the event of non-payment of an invoice on the due date, payment of all the customer’s invoices shall become immediately due and payable. Any invoice unpaid on the due date will automatically, and without notice of default, be subject to 1% monthly interest on arrears. Any invoice unpaid on the due date will also be subject, ipso jure and without notice, to a flat-rate penalty of 10% of the unpaid amount and to damages, with a minimum of €150. In the event of legal collection, the customer will also bear the reasonable costs of collection, such as bailiff’s and lawyer’s fees and internal management costs exceeding the amount of the fixed indemnity.

ART. I.5. Delivery terms and deadlines

The goods are deemed to have been delivered to the service provider’s registered office, located at B – 1325 Chaumont-Gistoux, Tienne du Chenois 18. The customer must take delivery of the goods and products sold at our premises within 30 calendar days at the latest of dispatch of a notice informing him that they are available. If, for any reason, the customer does not accept delivery or if Greenside cannot deliver on time because the customer has not provided the appropriate instructions, documents or authorizations, Greenside may store the products until delivery can take place and the customer will be responsible for all related costs and expenses (including, without limitation, storage and insurance).

Delivery in Belgium to the address specified by the other party is possible subject to express prior agreement in writing, with transport costs (for delivery and possible return) always to be borne by the customer. Goods are transported at the customer’s risk until they are delivered to the address specified by the customer. Should the goods delivered be damaged, the customer is obliged to refuse the goods or to accept them only with a written reservation. Greenside must receive any complaint concerning the goods delivered within five days of receipt. After this period, no further claims for apparent defects will be accepted or taken into consideration.

Greenside is not bound by the delivery dates indicated on the Website or in the Order and the time for delivery shall not be a determining factor in the Contract. Greenside is entitled to make partial shipments of the Products or to ship the Products ordered by the Customer in installments.

ART. I.6. Intellectual property rights

The “Hydrokube” trademarks and other distinctive signs, as well as all other intellectual property rights protecting our activities, products and services, remain the sole property of the Belgian company Greenside S.A. and are not subject to any license.

Notwithstanding the preceding point, any contract relating to our software or to the sale of hardware equipped with computer software must be understood as the acquisition by the customer of a non-exclusive user license subject to any special conditions agreed by the parties. The license is granted to the customer only, and the customer may not dispose of it. Consequently, it may not be alienated, communicated, transferred or lent, whether in return for payment or free of charge. Unless otherwise stipulated, our software may not be copied, in whole or in part, even for security backup purposes. In general, under penalty of damages and interest, the customer shall refrain from counterfeiting our software, allowing it to be counterfeited or encouraging its counterfeiting.

ART. I.7. Resolution

Greenside is entitled to cancel the sale, ipso jure and without the need for a court decision, by notifying the customer by registered letter, in the event of serious non-performance by the customer of one of its contractual obligations, in particular i) if it fails to take delivery of the supplies within the time limit set, ii) if it is more than 30 calendar days in arrears with an invoice, iii) if it appears that it will not perform, or is in serious danger of not performing, one of its principal obligations, even before this obligation falls due, or iv) if a mortgagee takes possession of any of the customer’s property or assets, or if a receiver, administrative receiver or similar official is appointed over such property or assets, or if the customer enters into a voluntary arrangement with its creditors or is the subject of a provisional administration order or has a provisional administrator appointed or goes into liquidation or has a resolution passed for its liquidation, or if an event analogous to any of these events occurs under the law or any jurisdiction in relation to the other party, or if the other party ceases or threatens to cease to carry on business. In all such cases, the customer undertakes to return the products supplied within 24 hours, and the customer is liable to pay compensation equal to the sums paid, to be offset against the amount of the supplies, with a minimum of 30% of the amount of the orders plus all other costs inherent in the order

ART. I.8. Reservation of title

The equipment delivered remains the property of Greenside, even in the event of transformation by the customer, until full payment of the price and its accessories (any costs, interest and penalties). Consequently, until the customer’s account has been settled, the customer may not under any circumstances dispose of the equipment (such as, for example, selling or pledging it) or assign it to any security or lien whatsoever, and undertakes to use it with due care. In the event of non-payment of the price and its accessories on the due date, Greenside may invoke the present retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, addressed to the customer and remaining without effect. The equipment must then be returned to Greenside immediately upon request, or may be repossessed by Greenside at the customer’s expense. The risks of the products sold are borne by the customer upon delivery. Greenside is entitled to recover payment of any invoice even if ownership of the corresponding material has not been transferred to Greenside.

ART. I.9. Period

Unless precise and detailed complaints are notified by registered letter before the expiry of the deadline, the equipment delivered is deemed to have been received and definitively accepted by the customer no later than five calendar days after delivery of the goods or their collection from our premises by the customer. Acceptance will cover all apparent defects, i.e. all those which the customer could have detected by careful and serious inspection at the time of delivery, delivery of the product or putting it into operation. Our liability for any damage resulting from the delivery of non-conforming or incorrect goods is limited in value to the purchase price of the goods in dispute. Further claims are expressly excluded.

ART. I.10. Warranty

We guarantee the devices we sell against hidden defects for a period of 24 months from delivery, under the following conditions: (1) the defect renders the device unfit, to a significant extent, for the use for which it is intended; (2) the device has been assembled and placed in an appropriate manner; (3) the device is used under normal conditions and according to the settings stipulated by us. We cannot be held responsible for damage to the equipment caused by frost, incorrect operation or negligence on the part of the customer, from the time of delivery and acceptance of the equipment against regular discharge. To be able to invoke the benefit of the warranty, the customer must notify us of any claim relating to hidden defects by registered letter within a maximum period of one month after the defects have been noted. The customer must return the defective device, at his own expense, to our premises at the above address, for repair or replacement if this cannot be carried out on site. These warranty conditions apply only to devices purchased directly from us, and do not apply to consumables. Warranty conditions may differ for devices purchased via independent distributors and wholesalers.

ART. I.11. Limitation of liability

From the time of delivery, we assume no further liability other than that provided for in articles 9 and 10 of these general terms and conditions. Consequently, we are not liable for any other damages for personal injury, damage to goods other than the products sold, loss of profit or any other loss arising directly or indirectly from defects in the products sold. In all cases and for all types of damage, even those due to gross negligence, our total and aggregate liability will be limited to the amount of the product or service causing the damage.

However, nothing in the contract limits or excludes the liability of either party where such limitation is prohibited by Belgian law. Among other things, in application of the law of February 25, 1991 on defective products, the limitations provided for in this contract do not cover damage caused by a defective product to persons or property for private use (in the latter case, subject to a deductible of 500 EUR). Greenside’s liability is excluded when the damage is caused jointly by a product defect and by the fault of the victim or of a person for whom the victim is responsible.

In the performance of these general terms and conditions of sale, neither the directors, managers nor employees of either Party shall be held personally liable for any breach, negligence, misconduct or act of any other nature in respect of any obligations or commitments arising from this agreement. Consequently, no legal action may be brought against such persons, whether civil, criminal or otherwise, for any act committed in the performance of this agreement, except in the case of proven gross negligence or wilful misconduct.

This provision extends to directors and employees acting within the scope of their duties, regardless of the nature of the damage or claim.

ART. I.12. Unforeseeability and force majeure

In the event of an event beyond the control of the parties compromising the balance of the contract to such an extent as to render the performance its obligations prejudicial to one of the parties, the parties agree to negotiate a modification of the contract in good faith.

Such events include changes in raw material , customs duties, exchange rates and legislation. Should negotiations fail, the parties agree to call upon a mediator appointed by them.

Neither party can be held responsible for the non-performance of any of its obligations if it can prove that the non-performance is the direct or indirect effect of an impediment beyond its control, that it could not reasonably have been expected to foresee this impediment and its effects on its ability to perform its obligations at the time the sale was concluded, and that it could not reasonably have avoided or overcome. These cases of force majeure are understood in a broader sense than that retained by Belgian jurisprudence and include, for example: the occurrence of a natural disaster; , storm, fire, flood, etc.; conflict, war, attack, earthquake. conflict, war, attack, labor dispute, total or partial strike at Greenside, the customer, or suppliers, subcontractors, service providers, transporters, postal services, public services, etc.; imperative injunction by public authorities (import ban, embargo); operating accidents, machinery breakdown, explosion. In such a case, we shall be exempt from any liability for damages, penalties or other contractual sanctions, for as long as the reason of force majeure persists.

ART. I.13. Confidentiality, privacy and personal data

All information relating to our processing of personal data can be found in our Privacy Policy available via the link https://hydrokube.be/en/privacy-charter/. The customer confirms that he/she has read and understood this Privacy Policy and has communicated it to all employees whose data is communicated in the context of interactions between Greenside and the customer.

ART. I.14. Proof

ART. I.15. Applicable law and jurisdiction

These terms and conditions and all agreements to which they apply are governed exclusively by Belgian law.

Any dispute directly or indirectly relating to the contractual relationship between Greenside and the customer shall be subject to the exclusive jurisdiction of the Courts and Tribunals having jurisdiction over Greenside’s registered office.

ART. I.16. Saving clause

The fact that Greenside does not avail itself of these terms and conditions at a given time may not be interpreted as a subsequent renunciation to avail itself of these terms and conditions.

The invalidity or illegality of any of the clauses contained in these general terms and conditions or in the agreements to which they apply shall in no way invalidate or nullify the other clauses, which shall remain intact and fully valid. In the event of a void or invalid clause, the parties undertake to replace it with a valid clause as close as possible to the disputed provision.

Partie II – EXPORT conditions

If the customer is established outside Belgium and/or delivery takes place outside Belgium, these “EXPORT conditions” supplement the basic conditions, and take precedence over them in the event of contradiction.

Art. II.1. Offer and Price

All prices indicated are unit prices in euros, ex works Greenside, Dion-Valmont – Belgium and exclude all transport costs. Transport costs (for delivery and possible return) are always payable by the customer.

Art. II.2. Validity of offers

Offers are valid for 30 days from date of offer. Offers exclude VAT / local taxes and import duties, postage / packaging and minimum order charges (where applicable).

Greenside reserves the right to modify its prices at any time and without notice, as long as the offer has not been formally accepted by the customer.

Art. II.3. Minimum order value

Orders with a total value of less than €2,500.00 are subject to an additional minimum order charge of €25.00.

Art. II.4. Payment

All payments are made strictly on a proforma invoice prior to shipment of goods. Payment can be made by bank transfer or VISA/MasterCard (card payment only available for invoices with a total value of less than €3,000.00). Any bank charges are the sole responsibility of the customer. All payments are exclusively in euros.

Art. II.5. Shipping

Greenside can provide approximate shipping times on request only

For information purposes only, customers should allow approximately 10 days from receipt of order for 5.000 l/h units, and 4-6 weeks for units of 7.000 l/h or more. Volume orders may increase delivery.

Art. II.6. Transport

Greenside can draw up a transport estimate at the customer’s request, specifying the type of products, their quantity and the destination address

At the customer’s specific request, the customer may appoint his own internal or external carrier (DHL/FedEx/UPS/TNT). In all such cases, the customer must pay the packaging and administration costs agreed at the time the order is placed. These charges cover the packaging and administration necessary for the safe transport of each shipment.

Art. II.7. Import restrictions

If the country of destination is subject special import conditions, restrictions, export or import licenses, Greenside accepts no responsibility in this regard. It is the customer’s (or any other recipient’s) responsibility to ensure products or services supplied by Greenside comply with the requirements specified by their country or government agency. If special import documents are required, Greenside must be informed prior to acceptance of the order and Greenside will provide a quotation for the production of such special documents which must be legalized or certified by the country of origin or destination. The customer is responsible for arranging any applicable customs clearance and is liable for all local taxes, duties and insurance payable.

Partie III – Conditions for consumers

If the customer is a consumer, these “conditions for consumers” supplement the basic conditions and the EXPORT conditions, and take precedence over them in the event of contradiction.

These terms and conditions are also available in Dutch and French

Art. III.1. Acceptance of the general terms and conditions

The mere fact of placing an order or accepting an offer from GREENSIDE also implies unreserved acceptance of these terms and conditions.

GREENSIDE reserves the right to modify these terms and conditions at any time and without prior notice, in which case the modifications will apply to all subsequent orders.

Art. III.2. Offers and orders

The products offered for sale to consumers are those described on the Greenside website. The essential characteristics (models, color, size, etc.) of the products offered for sale are set out on the Greenside website and the consumer can take note of them before placing a definitive order for the product characterized by them. However, photos or illustrations of products are for information purposes only and are never contractually binding. GREENSIDE reserves the right to update and improve its products and descriptions at any time, and to withdraw its products from sale. It is your responsibility to check with the local authorities in your country for any restrictions on importing or using the products or services you intend to order. You acknowledge that the products may be subject to the export control laws of the United States and the European Union, as well as the laws of the country where they are delivered or used. You must comply with these laws. It is your responsibility, if you do not consider yourself sufficiently competent, to seek legal advice.

Products and services are offered while stocks last. If an item is unavailable, Greenside will inform the customer by e-mail as soon as possible. The customer will have the option of waiting (in the event of temporary unavailability) or cancelling the order of the unavailable items at no charge.

Art. III.3. Order procedure

The first time you place an order over the Internet, all new customers (hereinafter referred to as “the user”) must create a “Customer Account”: you will be asked for a login and a password of at least six characters. Each time an order is validated, you will be directed to your account via a secure connection, where you will be reminded of the contents of your order.

The ordering procedure is as follows:

User-selectable items ;
The user adds the product to the shopping cart;
User validation of basket contents ;
If the user has not yet identified himself on the site (login), user identification ;
The user chooses the mode of delivery from the following options ;
The user expressly accepts GREENSIDE’s General Terms and Conditions of Sale ;
The user chooses the payment method from the following options ;
Payment validation by the user.

At each stage of the procedure, the user will be able to view his order and its price, and to make any changes to it. By confirming his/her order, the user accepts these general terms and conditions, acknowledges having read them, waives the right to invoke any other conditions or contractual elements that are not part of these general terms and conditions, and accepts that the confirmation constitutes proof of the transaction between the user and GREENSIDE.

Validation of the order makes it definitive and constitutes a firm offer by the user to purchase. The user may no longer modify the order, nor demand the return or exchange of products, except under the conditions mentioned below.

GREENSIDE will send a confirmation e-mail to the user confirming receipt of the order.

The sales contract between the user and GREENSIDE only exists from the moment the order confirmation e-mail is actually sent by GREENSIDE, and only for the products listed in this e-mail.

Once concluded, the contract is archived by GREENSIDE and is accessible to the user via his account.

GREENSIDE reserves the right to refuse any order from a user with whom there is or has been a dispute relating to a previous order, or who presents a risk to GREENSIDE.

Art. III.4. Price and payment

The prices indicated on the Greenside website and applicable to consumers are prices quoted in EUR (euros), including VAT and excluding shipping costs. Products ordered by the user will be at the price in effect at the time of the order.

Prices are subject to change, particularly in the event of fluctuation in the exchange rate of the currency against the euro or a change in the VAT rate. However, the prices shown on your order after it has been validated and recorded are firm and definitive: if prices fall a few days after the order has been placed, we will not be able to compensate you for the difference; if prices rise, we are committed to delivering to you at the price fixed on the day the order was placed. The price will be paid by the user in full, in a single instalment.

GREENSIDE makes every effort to ensure that the information and essential characteristics of the products (including their price) presented on the site are accurate. However, some errors may occur. In the event of a price error, GREENSIDE will notify the user as soon as possible, and will offer the user the choice of reconfirming the order at the actual price, or cancelling the order and being reimbursed for the amount actually paid by the user to GREENSIDE.

Payment of the price is due as soon as the order is placed by the user. Payment is made on the site via the payment platforms offered, in particular by bank transfer, Visa, Mastercard and PayPal.

If you wish to receive an electronic invoice for your order, please indicate the e-mail address to which you would like the invoice to be sent.

Prices include VAT at the Belgian rate (21% of product value).

The delivery charge is calculated automatically for each order, and is shown on the order summary before final registration.

If you are a customer outside the European Union, the invoice will be issued without VAT. Any order delivered outside Belgium may be subject to local taxes, customs duties, octroi de mer and customs clearance fees upon delivery. You are responsible for paying these charges. Please check with the relevant authorities in the country of delivery.

Art. III.5. Ownership and assumption of risk

Only full payment of the product price transfers ownership of the product to the customer, regardless of the delivery date. Only when the price has actually been received by GREENSIDE will the products ordered become the property of the user.

In accordance with Book VI of the Belgian Code of Economic Law relating to market practices and consumer protection, when the order is placed by a private individual, the transfer of risks takes place at the time of delivery, i.e. the physical handover of the goods to the recipient indicated at the time of the order or to his representative who accepts them.

The date shown on the delivery document constitutes proof of the delivery date.

Art. III.6. Delivery

Upon confirmation of the order by the user, GREENSIDE sends a confirmation e-mail to the user. As soon as the confirmation e-mail has been sent, GREENSIDE prepares the order and dispatches it as soon as possible and within a maximum of 30 days from the confirmation e-mail (subject to valid payment by the user and availability of the product ordered). When the parcel is dispatched to the user, GREENSIDE will send a new e-mail to inform the user. Products will be delivered to the address indicated by the user at the time of ordering.

Deliveries are made to the address indicated on the order form 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 customer, another delivery will be made the following day. Should the customer fail or refuse to take delivery of the goods ordered, Greenside reserves the right to demand performance of the contract or, after prior formal notice, to consider the contract automatically terminated to the customer’s detriment. In the latter case, Greenside 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 the 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 customer 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 together by the customer and the carrier. Any complaint concerning the goods delivered must reach the carrier, with a copy to Greenside, within 48 hours of the date of receipt. The complaint must be addressed exclusively by registered letter to the carrier’s head office (see delivery note) and to Greenside: Greenside S.A. Tienne du Chenois 18, 1325 Dion Valmont, and must be accompanied by a copy of the purchase invoice and the delivery note completed with the above-mentioned written reservation. After this deadline, no further claims for apparent defects will be taken into consideration.

Delivery times communicated by Greenside are strictly indicative.
In all cases, the following circumstances release Greenside from its obligations with regard to lead times:

1 – Force majeure (including, in particular, stock shortages, strikes, technical incidents, supplier delays and labor shortages);

2 – If payment conditions are not met;

3 – If the customer decides to make changes after the order has been placed.

Art. III.7. Right of withdrawal

The consumer has the right to notify the seller that he renounces the purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product or the conclusion of the service contract.

Products must be returned in their original, unused condition, from the country where the order was delivered to the user, at the user’s expense. Products (accompanied by all accessories and user manuals) must be returned in their original packaging to ensure they are well protected during transport, with the warranty labels attached. Returned products must be undamaged. Incomplete, damaged and/or damaged packaging will not be accepted for return, exchange or refund. The said product will be returned to the user, who will be required to pay the sum of €20 including VAT to cover the costs of repackaging and return.

Returned products must be sent to Greenside S.A., Tienne du Chenois 18, 1325 Chaumont-Gistoux, Belgium.

The user must notify the return of the product by email to info@hydrokube.be.

To do this, he can use the following model:

For the attention of Greenside S.A.

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only in the case of notification of this form on paper)

– Date

(*) Delete as appropriate.

GREENSIDE will refund a product returned in accordance with these terms and conditions no later than 30 days after receipt of the returned product.

If a “personalized” product has been made following precise instructions or specifications from the user, the latter no longer benefits from the right of withdrawal. Similarly, the consumer may not exercise the right of withdrawal for contracts for the supply of the supply of audio or video recordings or computer software unsealed by the consumer.

Art. III.8. Warranty

With regard to consumers, Greenside guarantees the products it sells in accordance with the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer goods (articles 1649bis to 1649octies of the Civil Code). Consumers who discover the non-conformity of a product sold within 2 years of delivery must notify Greenside within 2 months of the discovery by registered letter or e-mail. This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage caused by improper use, such as incorrect adjustment, use of non-compliant gas, non-compliance with operating and installation instructions, water damage, freezing, oxidation, dropping or impact, negligence and wear, non-compliance with reference standards, are not covered by the warranty. Similarly, repairs carried out by technicians not authorized by Greenside will invalidate the warranty. These warranty conditions apply only to equipment purchased directly from us, and do not apply to consumables. The invoice or delivery note serves as the warranty certificate and must be kept by the consumer and produced in the original.

Art. III.9. Liability

Greenside, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network and online payment, such as loss of data, intrusion, virus, breakdown in service, or other involuntary problems.

The information provided on this site is given in good faith. Links to manufacturers’ and/or partners’ websites are provided for information purposes only and have no contractual value. Greenside cannot be held responsible for information from these sites.

The customer is responsible for the choice and use of the product delivered by Greenside. The customer certifies that he/she is at least 18 years of age at the time of ordering. Greenside declines all responsibility in the event of inaccuracy of information communicated to it by the customer.

In the event that the product delivered by GREENSIDE has a hidden defect, GREENSIDE reserves the right to eliminate the defect or replace the defective product with another.

Art. III.10 Intellectual property

All creations, comments, texts, illustrations and photographs making up the content of the Greenside site are the exclusive property of GREENSIDE and are protected by the intellectual and industrial property laws in force.

In accordance with current legislation on intellectual property, the user shall be particularly vigilant in printing, reproducing and displaying the content provided for private and personal use only.

The user may never publish, modify, distribute or reproduce all or part of the content of the site without obtaining prior authorization from GREENSIDE.

The user may never create derivative works based on GREENSIDE products, the accompanying documentation provided by GREENSIDE, or the software present on the site.

GREENSIDE is a registered and protected trademark. Under no circumstances is the user authorized to use this trademark. The user undertakes not to use this trademark or any other similar trademark.

Any hypertext link to the site, including the use of the “transclusion” technique (or framing, integration of the site or part of the GREENSIDE website on another website) is prohibited without the prior written authorization of GREENSIDE.

Art. III.11. Settlement of disputes

Except in the event of legal action for payment, the parties undertake to attempt to resolve any dispute relating to the validity, interpretation or performance of the contract by mediation or judicial conciliation. The mediation or judicial conciliation shall begin no later than fifteen (15) clear days after the request for mediation or judicial conciliation is notified by one party to the other. The duration of mediation may not exceed thirty (30) clear days, unless expressly agreed by the parties.

In the event of a dispute arising from a contract for the sale of goods or services online, the consumer may 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. Greenside also certifies that it is not affiliated with any alternative dispute resolution body.

In the event of legal action for payment or failure of the out-of-court settlement procedure, judicial mediation or judicial conciliation, the courts having jurisdiction over Greenside’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.

Art. III.12 Salvation clause

Should one or more articles of these general terms and conditions of sale be invalidated for any reason whatsoever, this shall not render the contract as a whole null and void, nor shall it prevent 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.