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General conditions

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Definitions

  1. Homexclusive: Homexclusive, established in Hechtel under VAT no. 0748.618.284.
  2. Customer: the person with whom Homexclusive has entered into an agreement.
  3. Parties: Homexclusive andcustomers together.
  4. Consumer: a customer who is also an individual and acts as a private person.

Applicability general conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Homexclusive.
  2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Prices

  1. All prices used by Homexclusive are in Euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
  2. All prices used by Homexclusive for its products, on its website or otherwise made known, Homexclusive may change at any time.
  3. Increases in the cost prices of products or parts thereof, which Homexclusive could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
  4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.

Payments and payment period

  1. The customer must have made payments in arrears within after delivery.
  2. Payment deadlines shall be considered deadlines for payment. This means that if the customer does not pay the agreed amount at the latest on the last day of the payment period, the customer is legally in default without Homexclusive having to send a reminder or give notice of default.
  3. Homexclusive reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.

Consequences of failure to pay on time

  1. If the customer fails to pay within the agreed term, Homexclusive shall be entitled to charge the legal interest rate of 2% per month for non-commercial transactions from the day the customer is in default, with part of a month being counted as a whole month.
  2. If the customer is in default, he shall also owe Homexclusive extrajudicial collection costs and possible damages.
  3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
  4. If the customer fails to pay on time, Homexclusive may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Homexclusive against the customer shall be immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the contract by Homexclusive, he is still obliged to pay the agreed price to Homexclusive.

Right of advertising

  1. As soon as the customer is in default, Homexclusive shall be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
  2. Homexclusive invokes the right of claim by written or electronic communication.
  3. As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Homexclusive, unless the parties agree otherwise.
  4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

  1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been customized or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
  • the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
  • the product or service is not an accommodation, travel, restaurant business, transportation, catering assignment or form of leisure activity
  • the product is not a loose magazine or loose newspaper
  • the consumer has not waived his right of withdrawal
  1. The 14-day cooling-off period mentioned in paragraph 1 begins:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has confirmed that he will purchase digital content over the Internet
  2. The consumer may make his or her right of withdrawal known via info@homexclusive.be, if desired using the withdrawal form that can be downloaded from the Homexclusive website, www.homexclusive.be.
  3. The consumer shall be obliged to return the product to Homexclusive within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal shall expire.

Reimbursement of delivery costs

  1. If the consumer has timely exercised his right of withdrawal and as a result has timely returned the complete order to Homexclusive, Homexclusive will refund any shipping costs paid by the consumer within 14 days of receiving the timely and complete returned order to the consumer.
  2. The costs for delivery shall be borne by Homexclusive only insofar as the entire order is returned.

Return cost reimbursement

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Lien

  1. Homexclusive may invoke its right of retention and, in this case, retain products of the customer until the customer has paid all outstanding invoices owed to Homexclusive, unless the customer has provided adequate security for such costs.
  2. The right of retention shall also apply pursuant to previous agreements from which the customer still owes payments to Homexclusive.
  3. Homexclusive shall never be liable for any damages that the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives its right to set off a debt to Homexclusive against a claim against Homexclusive.

Retention of title

  1. Homexclusive shall remain the owner of all delivered products until the customer has fully satisfied all of his payment obligations to Homexclusive under whatever agreement entered into with Homexclusive, including claims for failure to perform.
  2. Until then, Homexclusive may invoke its retention of title and repossess the items.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Homexclusive invokes its retention of title, the contract shall be deemed dissolved and Homexclusive shall be entitled to claim damages, lost profits and interest.

Delivery

  1. Delivery will take place while supplies last.
  2. Delivery shall take place at Homexclusive, unless the parties have agreed otherwise.
  3. Delivery of products ordered online is made to the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, Homexclusive is entitled to suspend its obligations until the agreed part is still paid.
  5. Late payment constitutes creditor default, with the consequence that the customer cannot hold a delayed delivery against Homexclusive.

Delivery time

  1. The delivery times specified by Homexclusive are indicative and, if exceeded, do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Homexclusive.
  3. Exceeding the stated delivery time shall not entitle the customer to compensation nor to dissolve the contract, unless Homexclusive is unable to deliver within 14 days after written notice or the parties have agreed otherwise in this regard.

Actual deliveryDelivery time

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Delivery cost

Delivery costs are to be borne by the customer unless an order exceeds €50.00.

Packaging Shipping

  1. If the packaging of a delivered product has been opened or damaged, the customer, before taking delivery of the product, should have a note made of this by the forwarding or delivery person, failing which Homexclusive cannot be held liable for any damage.
  2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to Homexclusive prior to transportation, failing which Homexclusive cannot be held liable for any damages.

Retention

  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
  2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer

Warranty

  1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Exchange

  1. The exchange of purchased items is possible only if the following conditions are met:
  • exchanges are made within 14 days of purchase upon presentation of the original invoice
  • the product is returned in its original packaging or with the original (price) tags still attached
  • the product has not been used yet
  1. Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer and discounted products cannot be exchanged.

Indemnification

The customer shall indemnify Homexclusive against all third party claims related to the products and/or services provided by Homexclusive.

Complaints

  1. The customer should examine a product delivered or service rendered by Homexclusive for any defects as soon as possible.
  2. If a product delivered or service rendered does not comply with what the customer could reasonably expect from the agreement, the customer should inform Homexclusive as soon as possible, but in any case within 1 month after discovering the shortcomings.
  3. Consumers should notify Homexclusive no later than 2 months after discovering the deficiencies.
  4. The customer shall provide as detailed a description of the shortcoming as possible, so that Homexclusive is able to respond adequately.
  5. The customer must show that the complaint relates to an agreement between the parties.
  6. If a complaint relates to work in progress, this cannot in any case result in Homexclusive being held to perform work other than that agreed upon.

Notice of default

  1. The customer must give notice of default in writing to Homexclusive.
  2. It is the responsibility of the customer that a notice of default actually reaches Homexclusive (in a timely manner).

Joint and several liability customer

If Homexclusive enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe Homexclusive under that agreement.

Liability Homexclusive

  1. Homexclusive shall only be liable for any damage suffered by the customer if and insofar as such damage was caused by intentional or deliberate recklessness.
  2. If Homexclusive is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
  3. Homexclusive is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
  4. If Homexclusive is liable, this liability shall be limited to the amount paid out by a (professional) liability insurance policy taken out, and in the absence of (full) payment by an insurance company of the damage amount, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation

Due date

Any right of the customer to compensation from Homexclusive shall in any case expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right of rescission

  1. The customer is entitled to dissolve the agreement when Homexclusive imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify the dissolution.
  2. If the fulfillment of the obligations by Homexclusive is not permanently or temporarily impossible, then dissolution can only take place after Homexclusive is in default.
  3. Homexclusive is entitled to dissolve the agreement with the customer, if the customer does not fulfill his obligations under the agreement in full or in a timely manner, or if Homexclusive has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of Article 6:75 of the Civil Code, a failure of Homexclusive to fulfill any obligation towards the customer cannot be attributed to Homexclusive in a situation independent of Homexclusive’s will, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of Homexclusive.
  2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
  3. If a force majeure situation arises that prevents Homexclusive from fulfilling 1 or more obligations to the customer, then those obligations will be suspended until Homexclusive can fulfill them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind the contract in writing in whole or in part.
  5. In a force majeure situation, Homexclusive is not liable for any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

  1. If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
  2. The preceding paragraph does not apply to products purchased from a physical store.

Change general conditions

  1. Homexclusive is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance may be made at any time.
  3. Major content changes will be discussed by Homexclusive with the customer in advance whenever possible.
  4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Transfer of Rights

  1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Homexclusive.
  2. This provision counts as a clause with effect under property law as referred to in article 3:83, second paragraph, Civil Code

Effect nullity or voidability.

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
  2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Homexclusive had in mind when drafting the terms and conditions on that point.

Jurisdiction applicable

  1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
  2. The Dutch court in the district where Homexclusive is located/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved January 01, 2022.

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