1) Application of the General Terms and Conditions (DOWNLOAD HERE):
These general terms and conditions apply to every purchase and sale agreement by every visitor to the website, hereinafter referred to as customer, with NV Willy Naessens Swimmingpools with registered office at 9700 OUDENAARDE, WESTERRING 37.
- Name: Willy Naessens Swimming Pools nv
- Acting under the names: Willy Naessens Swimming Pools, Swimming pool.be, Piscineshop.be and webshop.swimmingpools.be, lifeisbetteratthepool.be
- Business address – Registered office : 9700 OUDENAARDE, WESTERRING 37
- Correspondence Address : 9700 OUDENAARDE, WESTERRING 37
- Phone number: +32 55 390 396
- Accessibility: Mon-Fri: 8am-12pm and 1pm-6pm
- E-mail address: [email protected]
- Company number : BE 0471 605 486
- RPR Oudenaarde
- Bank account number: BE84 3900 7917 1859
These terms and conditions also apply in full to the sale/order of goods via the websites linked to Willy Naessens Swimming Pools, such as:
Terms and conditions in effect
Without prejudice to the legal rights that are conferred on the customer in a mandatory manner under the applicable national consumer protection legislation, the customer acknowledges by his order/purchase that he has read and accepts the general terms and conditions of WILLY NAESSENS SWIMMING POOLS . The customer is solely responsible for actually reading the version of the Terms and Conditions in force at that time each time he places an Order.
These conditions always take precedence over the customer's conditions, even if they stipulate that they are the only ones to apply. The customer's conditions can never apply. These general terms and conditions do not apply when work and services are performed by WILLY NAESSENS SWIMMING POOLS at the customer. In the latter case, the terms and conditions of WILLY NAESSENS SWIMMING POOLS apply. You can request this by sending an email to [email protected].
Nullity general terms and conditions
The possible nullity of one or more clauses from these terms and conditions does not affect the applicability of all other clauses. In that case, both parties will negotiate to replace this provision with an equivalent provision that corresponds to the general spirit of these general terms and conditions. The fact that WILLY NAESSENS SWIMMING POOLS fails to demand the strict application of any of the provisions of these terms and conditions cannot be regarded as an tacit waiver of the rights WILLY NAESSENS SWIMMING POOLS has under these terms and conditions and does not prevent WILLY NAESSENS SWIMMING POOLS from to require strict compliance with those provisions.
WILLY NAESSENS SWIMMING POOLS reserves the right to adjust or change its general terms and conditions at any time. It is the customer's responsibility to regularly review these terms.
2) The offer:
The offer is listed on the website. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered.
The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If WILLY NAESSENS SWIMMING POOLS uses images, these are a true representation of the products and/or services offered. Obvious mistakes and errors in the offer do not bind WILLY NAESSENS SWIMMING POOLS.
All prices stated on this website and in mailings are indicative and subject to change. WILLY NAESSENS SWIMMING POOLS is not responsible for incorrect display of prices and/or specifications stated on the website and in mailings. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: price including VAT
- Delivery costs
- Method of conclusion of the agreement
- Applicability of the right of renunciation
- Method of payment, delivery and performance of the agreement
- Term for acceptance of the offer, term of price guarantee
- Warranty period of 2 years
3) Order – conclusion of the agreement:
An agreement is concluded when the order is forwarded electronically by completing a payment by the customer in the payment platform or by sending the e-mail containing an order. Any changes or additions after the realization are only valid after written agreement of both parties.
If the customer signs both in his own name and in the name of the company for which he is acting, both are jointly and severally liable for payment of the entire debt as provided for in the current terms and conditions. If, after the conclusion of the agreement, the buyer requests to invoice the ordered goods to another or to several companies, the latter must provide the correct and correct data and the buyer bears full responsibility for this. In any case, the buyer and all other companies involved in this remain jointly and severally liable for the performance of all obligations arising from this agreement, even if they have not co-signed the special and/or general terms and conditions.
Without prejudice to any right of renunciation of the customer, WILLY NAESSENS SWIMMING POOLS, in case of cancellation of a purchase/order, even partially, reserves the right to charge the customer compensation in the amount of 25% of the price of the canceled purchase or order with a minimum of 50 EUR, without prejudice to the right of WILLY NAESSENS SWIMMING POOLS to compensation for higher proven damage.
4) Applicable Prices:
The goods are sold at the prices applicable on the date of purchase, subject to price changes as a result of VAT changes, government decisions, …. For online purchases, the prices or offers stated on the website at the time of the online purchase apply. Prices indicated in the store or on the website can always change, but are fixed at the time of the order by the customer and acceptance by WILLY NAESSENS SWIMMING POOLS.
All prices are expressed in Euros And his including VAT, but excluding any delivery, shipping or other administrative costs, unless expressly stated otherwise. Any costs for delivery, shipping and/or installation will always be stated separately.
WILLY NAESSENS SWIMMING POOLS endeavors to deliver the products to the delivery address specified by the customer when ordering and within the period or time indicated by WILLY NAESSENS SWIMMING POOLS at the time of the order. The expected time of delivery, or of the time at which an agreed service will be performed, is always approximate. Exceeding the foreseen term can under no circumstances give rise to a fine, compensation, substitution or dissolution of the agreement at the expense of WILLY NAESSENS SWIMMING POOLS nor is WILLY NAESSENS SWIMMING POOLS liable for loss, liability, value, damage, expenses or expenses resulting from late delivery.
Changes to the order by the customer automatically cancel the predetermined delivery times. WILLY NAESSENS SWIMMING POOLS is in no way liable for delays incurred as a result of the default of suppliers of WILLY NAESSENS SWIMMING POOLS, the customer or any other third party. Exceeding the delivery term does not release the customer from his obligations. Unless expressly agreed otherwise, the goods are always delivered to the address specified by the customer.
In the absence of the customer during the delivery, the goods will be offered again, but the customer must in any case be responsible for the transport costs associated with the second delivery. If delivery or collection is delayed due to an unreasonable refusal to accept the delivery or if the delivery or collection is not accepted at the transport company, the following measures can be taken:
- a) charging for storage costs and all other costs incurred
- b) make the Product unavailable for delivery or collection and cancel the agreement.
WILLY NAESSENS SWIMMING POOLS will then refund to you or your credit or debit card institution any amount already paid by you to us under the relevant Contract, less reasonable administrative costs incurred by us (including those for the attempted delivery and subsequent return of the Product, as well as all other storage charges as set out above).
In the context of the rules of distance selling, WILLY NAESSENS SWIMMING POOLS will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer will receive payment within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
The delivery obligation of WILLY NAESSENS SWIMMING POOLS will be fulfilled, subject to evidence to the contrary, as soon as the goods delivered by WILLY NAESSENS SWIMMING POOLS have been offered to the customer once.
In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer for delivery. All terms stated on the website are indicative. No rights can therefore be derived from the stated periods. The way in which the shipment takes place and the means of transport are determined by WILLY NAESSENS SWIMMING POOLS in reasonableness.
Delivery is made to the front door on the ground floor level or next to the truck. The customer is obliged to do what is reasonably necessary or desirable to enable timely delivery. WILLY NAESSENS SWIMMING POOLS may assume that the goods can be delivered with the usual simple means of transport to easily accessible places in a manner that is customary for unloading. If the transport and/or unloading entails extra costs due to the lack of these options, the customer is obliged to pay these extra costs.
The goods to be delivered are at the risk of the customer from the time of delivery. All risks associated with the Product shall pass to the customer upon physical receipt by the customer or a third party designated by him.
The customer should be careful when opening the product so as not to damage it, especially when using sharp objects. The customer declares to be available to receive the Product in an appropriate manner, without undue delay and at any time reasonably specified by WILLY NAESSENS SWIMMING POOLS.
6) Time of payment
Unless expressly agreed otherwise, all purchases must be paid by the customer on the date of ordering the goods, at the time the agreement is concluded. Unless expressly agreed otherwise, all invoices from WILLY NAESSENS SWIMMING POOLS are always integral payable in cash on invoice date, without discount and this where the purchase / collection takes place.
Invoices can only be validly protested by registered letter within 8 days (due date) of the invoice date, stating the invoice date, invoice number and a detailed motivation.
WILLY NAESSENS SWIMMING POOLS is entitled to retain the goods and not to deliver them if they have not been paid in full at the latest when ordering. For online orders, the customer can pay either directly online via a special payment module provided on the WILLY NAESSENS SWIMMING POOLS website, or via a traditional transfer to the account of WILLY NAESSENS SWIMMING POOLS. In the latter case, the ordered goods are kept for the customer for 5 days from the order confirmation, pending receipt of his payment. If no payment is received within this period, WILLY NAESSENS SWIMMING POOLS has the right to cancel the online order, without being obliged to pay any compensation.
By virtue of a fixed compensation to cover the extrajudicial collection costs caused by the non-payment or late payment of the invoices, the invoices that have not been paid or have not been paid on time on their due date will be increased by a fixed and irrevocable compensation clause of 15 % on the full invoice amount regardless of partial payment with a minimum of € 75, as well as with a late payment interest of 1% per month from the first notice of default (of which a partial month counts as a whole month); without prejudice to the right of the seller to claim compensation for the judicial and all other collection, reminder and prosecution costs of whatever nature caused by the non-payment and without prejudice to the right to claim compensation for other damage items that are not purely caused are due to non-payment.
In the event of incomplete payment, even after having become immovable through incorporation or destination, all delivered materials remain the property of the seller until full payment and may be retrieved by it at any time with forfeiture of the advance payment already paid (retention of title). ). All costs associated with the exercise of the retention of title and the recovery of the goods are borne by the customer. Before the transfer of ownership, the customer is not entitled to dispose of, transform, transfer, encumber and/or dispose of the products.
The customer is therefore prohibited from selling the delivered goods, pledging them to a third party or disposing of them in any way, as long as the price has not been paid in full. In case of non-compliance with this prohibition by the customer, a fixed compensation of 70 % of the amount due will be due.
If a customer fails to make one or more payments to WILLY NAESSENS SWIMMING POOLS, WILLY NAESSENS SWIMMING POOLS reserves the right to immediately stop any further delivery or execution of orders placed. Even without any notice of default, any other order will be considered canceled. Deliveries will only be restarted after full payment of all amounts due (including interest and damages) and according to the seller's schedule.
Moreover, the non-payment of any payment, regardless of the legal basis, entails the immediate payment of all other invoices and claims of WILLY NAESSENS SWIMMING POOLS, even those that have not yet expired and all permitted payment conditions become null and void. The same applies in the event of imminent bankruptcy, judicial or amicable dissolution, WCO application, cessation of payment, as well as any other fact indicating the insolvency of the customer.
The unconditional payment of part of an invoice amount constitutes explicit acceptance of the invoice and invoice conditions. Partial payments are always accepted with all reservations and without any adverse acknowledgment, and always first allocated to the collection costs, then to the compensation clause, the interest due and finally to the outstanding principal. In addition, capitalization of interest is expressly permitted.
7) Liability – Complaints procedure
The customer must carry out an initial check immediately upon delivery, installation or repair. This obligation to investigate includes, but is not limited to: conformity of the delivery, usability, technical characteristics, visible defects, quantity and dimensions, etc.
The customer must immediately report all deviations, under penalty of forfeiture, within 2 months after delivery, installation or repair and in any case before use in writing to WILLY NAESSENS SWIMMING POOLS by e-mail or via the website via the contact form on one of the websites or by telephone. Under no circumstances may the customer return the goods without the prior consent of WILLY NAESSENS SWIMMING POOLS. WILLY NAESSENS SWIMMING POOLS reserves the right, together with the customer, to determine the defects on site and to investigate the cause thereof.
Subsequently, any complaint of any kind in connection with an invoice or with the invoiced supplies, services must be confirmed in writing by registered letter against receipt within 8 days after the delivery or dispatch of the invoice, otherwise it will be deemed to have been accepted without notice. any reservation of any kind. Each delivery and each payment of an invoice, even partial payment, is deemed to have been accepted and approved with regard to the price as well as to the quality of the delivery and/or execution if no complaint has been formulated by you within 2 months. .
This also applies to hidden defects. The partial processing/use of the delivered materials also results in full acceptance without reservation of the whole.
All complaints based on hidden defects must be communicated to WILLY NAESSENS SWIMMING POOLS within 2 months after discovery by the customer, under penalty of forfeiture. All aforementioned periods are expiry periods. Any claim to liability also lapses in the event of processing, alteration, repair by the customer or third parties or in the event of abnormal or extraordinary use, load and/or wear and tear of the goods/works, damage caused by force majeure or non-compliance with the instructions. of WILLY NAESSENS SWIMMING POOLS regarding the use, service and maintenance of the goods.
Formulating a complaint does not entitle the customer to suspend his payment obligations. The customer is also obliged to reimburse all costs, of whatever nature, incurred directly and indirectly by WILLY NAESSENS SWIMMING POOLS as a result of unjustified complaints.
The warranty period is 2 years. The guarantees that WILLY NAESSENS SWIMMING POOLS offers to the customer are limited to (in whole or in part) at the discretion and discretion of WILLY NAESSENS SWIMMING POOLS:
- (i) replacement
- (ii) repair of the delivered goods/work performed.
If, in the opinion of WILLY NAESSENS SWIMMING POOLS, the performance of the previous warranty work is not (or no longer) possible or useful, the customer is entitled to reasonable compensation in lieu of this, up to a maximum of the price of the good/part with the defect. The customer acknowledges that WILLY NAESSENS SWIMMING POOLS only guarantees that the goods comply with Belgian regulations. The customer acknowledges that WILLY NAESSENS SWIMMING POOLS can never give more warranty than the final producer of the goods. The customer can report complaints directly to WILLY NAESSENS SWIMMING POOLS or use the online dispute resolution platform. You can reach this via the following link: http://ec.europa.eu/odr/
The consumer can also always contact the Online Dispute Resolution Platform of the European Commission. This central platform handles complaints about distance contracts. If we cannot resolve it together, contact our personal complaints service at
https://www.lifeisbetteratthepool.be/klantenservice/ then you as a consumer can contact www.safeshops.be. Safeshops.be will mediate between you as a consumer and us, if your complaint is accepted by them. Only complaints that via the complaint form submitted will be processed. In this way, this label organization immediately has all the correct information to deal with your complaint further.”
You can also always contact the Consumer Ombudsman Service and the European Disputes Committee. (https://consumentenombudsdienst.be/nl) and (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN)
8) Limitation of Liability
Provided that the liability of WILLY NAESSENS SWIMMING POOLS has been demonstrated, its liability of WILLY NAESSENS SWIMMING POOLS is limited to compensation for direct damage suffered by the customer up to an amount equal to the stipulated price for the defective good (excl. VAT – transport costs). ) and in any case limited to the liability that is mandatory by law.
WILLY NAESSENS SWIMMING POOLS is under no circumstances obliged to compensate indirect damage of any nature whatsoever (such as, but not limited to, physical damage, loss of income or damage to third parties). WILLY NAESSENS SWIMMING POOLS is also not liable for defects caused directly or indirectly by an act of the customer or a third party, regardless of whether these are caused by an error or negligence.
WILLY NAESSENS SWIMMING POOLS cannot be held responsible for, among other things, the cost of water loss caused by a leak in the pool. WILLY NAESSENS SWIMMING POOLS is not liable for damage of any kind that arises because the goods are used incorrectly after delivery. Incorrect use is in any case, but not limited to, the incorrect dosing of maintenance products, the incorrect installation of swimming pool components, etc.
9) Force majeure
If WILLY NAESSENS SWIMMING POOLS is unable to perform its obligations due to force majeure or unreasonably aggravates the performance thereof, it has the right to suspend the performance in whole/partially and provisionally for the duration of this force majeure or definitively. , without being obliged to give any advance notice or owing any compensation.
Conventionally considered as force majeure include:
- natural conditions
- strike or lockout
- shortage of means of transport
- general scarcity of raw materials or products
- restrictions on energy consumption
This either at WILLY NAESSENS SWIMMING POOLS or at one of its suppliers.
10) Right of Renunciation
In the case of online sales to a consumer, the latter has the right, in accordance with the law of 6 April 2010 (hereinafter WMPC), to inform NV WILLY NAESSENS SWIMMINGPOOLS – NV FILTERCO (hereinafter WILLY NAESSENS SWIMMING POOLS) that he/she renounces the purchase , without payment of a fine and without giving any reason within 14 working days from the day following the delivery of the goods. After notification you have 14 days to return your order to us.
Please use the following model form for this: appendix 2 of Book VI Code of Economic Law MODEL FORM FOR WITHDRAWAL (only complete and return this form if you wish to revoke the contract)
In accordance with the provisions of the WMPC, the consumer cannot exercise a right of renunciation for contracts for the delivery of goods that have been manufactured according to the consumer's specifications or that have a clearly personal character or that cannot be returned due to their nature or that quickly deteriorate or become obsolete or lost packages or audio and video recordings or software where the seal has been broken and finally newspapers, journals and magazines.
The customer who wishes to make use of this right must serve WILLY NAESSENS SWIMMING POOLS within 14 days to contact via the Contact Form on the website. In that case, you as a customer another period of 14 days after the notification the time to return your order to us. And, if possible, in their original and undamaged condition, in their original packaging, and together with all accessories, the user manual and the invoice/delivery note, return it at your own expense to the store and/or collection point of WILLY NAESSENS SWIMMING POOLSNV. WILLY NAESSENS SWIMMING POOLS is never liable for any damage, theft or loss that occurs to the packaging or the goods upon return.
The consumer is responsible for the reduction in value in the event of damage to the goods. The goods remain the property of the customer, who is obliged to return its property within two (2) weeks. Within 14 days of acceptance of the return, WILLY NAESSENS SWIMMING POOLS will refund the already paid purchase price to the customer.
11) Privacy Statement
WILLY NAESSENS SWIMMING POOLS attaches great importance to the protection of your privacy and personal data. WILLY NAESSENS SWIMMING POOLS/LIFE IS BETTER AT THE POOL will only use or apply the customer's data in accordance with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and the other relevant legal regulations in force.
WILLY NAESSENS SWIMMING POOLS may use the personal data to provide it with:
- informative news reports about the operation
- joining of partners
- other employees
Under no circumstances will this data be passed on to third parties, neither for informational nor for publicity purposes. WILLY NAESSENS SWIMMING POOLS has taken all possible legal and technical precautions to avoid unauthorized access and use. The customer also authorizes WILLY NAESSENS SWIMMING POOLS to include the personal data provided by the customer in an automated database.
This data will be used for the purpose of conducting information or promotional campaigns related to the services and/or products offered by WILLY NAESSENS SWIMMING POOLS within the framework of the contractual relationship between WILLY NAESSENS SWIMMING POOLS and the customer. The customer can always ask for communication and correction of his data. If the customer no longer wishes to receive commercial information from WILLY NAESSENS SWIMMING POOLS, the customer must inform WILLY NAESSENS SWIMMING POOLS of this.
Costs for changes to original data of the customer, which arise at his request, are always charged.
The customer authorizes WILLY NAESSENS SWIMMING POOLS to use images of the goods delivered and/or installed at the customer for:
- (only exemplary enumeration) general information
- publicity purposes
- publication on the website of WILLY NAESSENS SWIMMING POOLS/LIFE IS BETTER AT THE POOL
- publication in leaflets
The customer always has a legal right to supplement, correct or delete his personal data in whole or in part. WILLY NAESSENS SWIMMING POOLS undertakes to comply with your request within 5 working days. When the customer contacts WILLY NAESSENS SWIMMING POOLS, his personal data and communication are protected by our duty of confidentiality.
However, the customer gives permission to use his name and/or logo for references on the website. The customer can object to this in writing at any time, after which the entry will be immediately and permanently removed.
PRIVACY & COOKIES When you visit the WILLY NAESSENS SWIMMING POOLS/LIFE IS BETTER AT THE POOL website, some data is collected for statistical purposes by Statcounter and Google Analytics. These data are:
- IP address
- probable place of consultation
- hour and day of consultation
- which pages were visited
When the customer visits the website of NV WILLY NAESSENS SWIMMING POOLS/LIFE IS BETTER AT THE POOL, he agrees to this data collection intended for statistical purposes as described above. Furthermore, only session cookies are used to support the website (correct functioning).
- By ordering/purchasing on one of the Websites, the customer declares to be aware of the limitations and risks of using the Internet or any other medium through which online sales are made available now and in the future. The customer also declares to be familiar with the risks of digital or electronic storage and transfer of information. The customer accepts that WILLY NAESSENS SWIMMING POOLS is not liable for any damage caused by the use of the online sales as a result of the aforementioned risks.
- The buyer undertakes not to make any negative comments about anything concerning the contract via the internet, forums, or any other medium, either directly or indirectly. A fixed compensation of 1,000 euros is due per infringement (per comment and/or per site).)
- Due to worldwide shortages caused by the corona crisis, the delivered item may differ from the ordered item in color or shape.
- Intellectual property rights WILLY NAESSENS SWIMMING POOLS can never be held liable if it appears that the elements/products ordered by the customer conflict with intellectual property rights of a third party. The buyer must fully indemnify the seller if the buyer or a third party violates property and copyright laws with regard to the use or application of the products. The information (text, images) provided is subject to copyright law, so that the information may not be reproduced or communicated without the prior written consent of WILLY NAESSENS SWIMMING POOLS. All applicable intellectual property rights are thus retained. As stipulated in our terms and conditions, any communication with us will be treated as confidential.
13) Disputes – Applicable Law
Any dispute regarding the interpretation, conclusion or execution of the agreement or invoice falls under the jurisdiction of the Courts of the judicial district of Oudenaarde; The seller also reserves the right to bring such a dispute before the Courts of the judicial district of the buyer's place of residence or registered office.
Only Belgian law applies. Disputes fall under the exclusive jurisdiction of the courts of the district of Oudenaarde. Belgian law applies with the exclusion of articles 1 to 4, article 40 and articles 89 to 101 of the Vienna Sales Convention. Only the Dutch language is applicable. The nullity of one of the provisions of these general terms and conditions does not in any way entail the nullity of the other provisions.
14) Code of Conduct
With our webshop we want to focus on service and customer satisfaction. Because we also like to show that we represent the interests of our customers, we have joined the umbrella organization Becommerce. This means that we also comply with their code of conduct (see link below). https://www.becommerce.be/upload/Gedragscode%20BeCommerce%20Kwaliteitslabel20131021095552.pdf
In this way we hope to enjoy your trust.