GENERAL TERMS AND CONDITIONS OF SALE

Name: PROGRESS GROUP
Address: Smallandlaan 29B , 2660 , Antwerpen , Belgium
E-mail address: webshop@progressgroup.be
Telephone number: (+32) 3 334 11 14
VAT number: VAT BE 0533.902.846oeie

I. Modalities for online purchases

Article 1 – Subject Matter and Scope

  • 1.1. The present General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the sale of products via the website http://www.progressgroup.be/, available at Smallandlaan 29B, 2660 Antwerp, Belgium. The present General Terms and Conditions only govern the sale of products proposed on the Site.
  • 1.2. The General Terms and Conditions are concluded between the company/natural person PROGRESS GROUP (VAT No. BE 0533.902.846), with registered office at Smallandlaan 29B, 2660 Antwerp, Belgium, hereinafter referred to as the "Seller", on the one hand, and the person who wishes to consult the Site and make a purchase there, hereinafter referred to as the "Customer", on the other hand. The Client and the Seller are hereinafter jointly referred to as the "Parties". The Parties agree that their relationships shall be exclusively governed by these General Terms and Conditions, unless otherwise agreed.
  • 1.3. By ordering any Product or Service that is proposed on the Site, the Customer is assumed to have consulted and explicitly accepted these General Terms and Conditions, without, however, making such acceptance subject to the condition of a written signature by the Customer. In accordance with the legal provisions in force in Belgium concerning electronic signatures, the Seller may consider the Customer's order by means of the modalities offered (see Article 2.3) as an electronic signature of the same value as a written signature, with the ensuing contractual consequences.
  • 1.4. The Customer ordering a Product on the Site must have full legal capacity.
  • 1.5. The Seller reserves the right to change the General Terms and Conditions and shall put the new version at the disposal of the Users via the Site.

Article 2 – The Protection of Privacy

The company PROGRESS GROUP emphasises its commitment to carefully respect the trust you have placed in it and to apply the legal obligations regarding the protection of privacy to this end. Therefore, as a Customer, you have the right to access, modify, correct and delete the data relating to you, which you can exercise by contacting us, by mail at Smallandlaan 29B, 2660, Antwerp, Belgium, by email at webshop@progressgroup.be or by telephone at (+32) 3 334 11 14.

Article 3 – Modalities for online purchases

  • 3.1. Purchase Price of the Product or Service
    The price of each Product or service sold on the Site is listed in euro, including VAT. This price is exclusive delivery costs, which are at the expense of the Customer. The Products will be invoiced based on the price in force at the time of confirmation of the order, even if the Seller changes its prices after the sale.

  • 3.2. Delivery Costs
    When ordering, the Customer undertakes to pay the delivery costs in addition to the Purchase Price of the products ordered. The costs will be invoiced based on the rates in force at the time of confirmation of the order, even if these costs were to be changed after purchase. These costs shall not be refunded to the Customer if he returns his Order pursuant to his right of withdrawal or the legal guarantees provided for in Articles 6 and 7 respectively of these General Terms and Conditions.
  • 3.3. To process an order, the Customer must fill in the order form made available on the Site, send an email to webshop@progressgroup.be or carry out his order by telephone; through these means he must also provide the information necessary for the transaction. The Seller shall not be liable for the consequences arising from the supply of incorrect information. By placing an order, the Customer fully accepts these General Terms and Conditions and undertakes to pay the entire total amount due.
  • 3.4. Ordering Procedure

 - Click on the desired product, choose the right size and colour if necessary and click on the button “Add to the basket”.

 - If you have added all the desired products, click on the basket. Here you can check the order and add more articles in your selection if necessary.

 - If you agree with the products included in your basket, you will proceed to the ordering process.  If you don't have an account yet, first create an account. If you already have an account, please log in with your details.

 - You then choose a delivery address (if this is not set by default). You may choose the desired delivery method. Once you have chosen this one, choose a payment method. Click on continue and you will get a final overview of your order where you can submit any comments.

 - After you agree to the terms and conditions you can confirm your order. If you have opted for electronic payment by credit card or PayPal, you will be redirected to the website to make your payment. Thereafter, you will receive a confirmation email with the overview of your order.

 

  • 3.5. The data stored by the Seller constitute proof of the contractual relations that have arisen between the Parties.
  • 3.6. The Seller reserves the right to cancel any order or delivery in the event of a dispute with the Customer, non-payment of all or part of the amount of a previous order or refusal by the banking institutions to allow payment by credit card. In such a case, the liability of the Seller shall not be affected.
  • 3.7. The Customer can cancel his order as long as it has not been sent. The order will then be cancelled immediately, as will the request for payment if payment has not yet been made. If the Seller has already received payment, the full Purchase Price will be refunded to the Client. After delivery of the purchased products, the Customer can no longer cancel the order, but will be able to exercise his right of withdrawal (see Article 6).

Article 4 – Terms of payment

  • 4.1. For the payment of the Purchases, the Customer may select different payment methods:

- credit card (Visa, Mastercard, or American Express)
- Bancontact

  • 4.2. The validity of the payment is confirmed, or not, after verification with the issuing bank. If payment is confirmed, debiting will take place in accordance with the procedures agreed with the banking institution that issued the card. The Product(s) shall remain the property of the Seller for as long as full payment has not been received by the Seller.
  • 4.3. Liability
    The liability of the Seller cannot be affected by inconveniences or damage inherent in the use of the Internet (including computer viruses). Although the Seller tries to make the website available 24 hours a day, the Seller cannot be held liable if for any reason the website is offline for a certain period. The Seller also cannot guarantee uninterrupted, timely or error-free access to the website. In addition, there may be a need for repairs, maintenance or the introduction of new products or functions.
    The customer’s or all users’ access to the website may be suspended or withdrawn, temporarily or permanently, at any time and without prior notice.

Article 5 – Shipment and Delivery Times

  • 5.1. The delivery of the Product(s) that are the subject of the transaction will be carried out by the Seller, anywhere in the Benelux. The Seller shall do its utmost to ensure that the Order is sent to the address provided by the Customer within a few days of confirmation of the Order. The deliverer shall present himself at the address provided by the Customer between 8 a.m. and 6 p.m., during working days, and shall hand over the package to the addressee or to any other person present at the address provided.  It is then up to the Customer to pick up the parcel or contact the delivery company to agree on a new delivery method for the parcel. If the Customer does not arrange for a new delivery within a period of 2 weeks after the first arrival of the Order, or if he is absent from this new delivery, the Order will automatically be returned to the Seller. In this case, the Customer may be required to pay additional delivery costs.
  • 5.2. Any delivery shall be deemed to have been made as soon as the Product has been received by the Customer, with automatic transfer of risk to the latter.
  • 5.3. Upon receipt of his package, the Customer must check the quality of his purchase and has the right to make any complaints pursuant to his right of withdrawal or the legal guarantees, as stipulated in Articles 6 and 7 of these General Terms and Conditions. He may also refuse the package if it is clear that it has been opened or if it shows obvious signs of damage, due to negligence during delivery. In the latter case, the Seller must be notified of the complaints within three working days of delivery of the package.
  • 5.4. Progress Group will only prepare the ordered items for dispatch after receipt of payment. For orders below 50 euro (including VAT), 8.50 euro (including VAT) must be paid for shipping and processing. For orders above 50 euro (including VAT) the delivery is free. Items ordered through this web shop are delivered in Belgium, the Netherlands and Luxembourg. But upon request a delivery to other countries is also possible.
    Delivery will be made through courier company DPD unless otherwise agreed, the costs of delivery will be charged to the Customer.
    This applies to goods held in the Progress Group's stock at the time of ordering. If the goods are not in stock and therefore must be ordered from an external supplier, Progress Group does not commit itself to a specific delivery period.

Article 6 – Right of withdrawal and Return Procedures

  • 6.1. The consumer has the right to inform the company that he renounces his purchase, without penalty and without giving any reason, within a period of fourteen (14) calendar days, counting from the day following the day of delivery of the good or the conclusion of the service contract in accordance with the provisions of the law of 6 APRIL 2010 on market practices and consumer protection. As from the Customer's declared intention to return all or part of his Order, he has a period of 10 calendar days to return the Products to the Seller. In the event of non-compliance with this deadline, the Customer shall be deprived of his right of withdrawal and his order shall be considered final.
  • 6.2. The Buyer will return to Seller at the following address: Smallandlaan 29B, 2660 Antwerp, Belgium. The Customer may choose the delivery method (in person or ...) but must know that the costs and risks associated with returning the package are for his account, and that he must keep proof of dispatch.
  • 6.3. If the Customer exercises his right of withdrawal, the Seller undertakes, after checking the returned goods (see Article 6.5.), to refund the Purchase Price to the Customer at the latest within thirty (30) calendar days after receipt of the returned package, not including delivery costs.
  • 6.4. Modalities of reimbursement
    If the Customer has paid for his order by credit card, an amount shall be credited on the credit card used by the Member, corresponding to the value of the Purchase Price of the returned items. The Customer shall be refunded in accordance with the procedures agreed upon with the bank issuing the Card. If the Client has paid by another payment method, the refund will be made by bank transfer to the account number provided to the Seller. The Seller declines any responsibility in the event of an invalid refund caused by an incorrect mention of the account number by the Customer.
  • 6.5. The Customer shall not be able to exercise this right of withdrawal if the delivered Products were clearly used, contaminated, and/or damaged or if there are missing pieces.
    The delivery of goods produced according to the Customer's specifications, or which are clearly intended for a specific person.
    The Product(s) must be returned in their original, unopened packaging, with all accompanying documents and accessories. If the returned items are not accepted for the reasons mentioned above, the Customer must take them back without refund.

Article 7 – Warranty

  • 7.1. Where the Customer has the status of a consumer and where the product in question is a consumer good, the Customer shall have a legal guarantee against any failure of compliance of the products delivered, in accordance with Belgian law in force and for a period of two years as from delivery. Any defect found within a period of 6 months after delivery shall be considered an original defect. After this period of 6 months, the Seller may, if circumstances so dictate, contest the fact that the lack of conformity was already present at the time of delivery of the product. If the warranty conditions are met, the Customer may require the replacement of the relevant item, at no additional cost, within a reasonable time and subject to the availability of comparable items, or the refund of the Purchase Price. The Seller reserves the right to refuse the exchange or refund of the warranted item if it is found that the item has not been used in accordance with the instructions for use or in the event of misuse by the Customer.
  • 7.2. Contrary to the right of withdrawal (see Article 6), the Seller shall reimburse the Customer for the cost of returning the article for which the Customer has invoked the legal guarantee, provided that the return is carried out by the deliverer chosen by the Seller and the article may be subject to exchange or refund (see Article 7.1). In the event of an exchange, the delivery will also be at the expense of the Seller.

Article 8 – Disputes

  • 8.1. These General Terms and Conditions are subject to Belgian law. Any dispute which cannot be resolved amicably shall fall within the exclusive jurisdiction of the courts of the judicial district of VAT BE 0533.902.846.
  • 8.2. The exchanges between the two Parties, maintained by the Seller, will be considered as evidence to be taken into consideration.
  • 8.3. These General Terms and Conditions constitute the whole contractual relation between the two parties. We aim to update them in accordance with Belgian legal changes that could have an impact on these conditions. However, one or more articles may be declared invalid pursuant to a law, a rule or by final decision of a competent court. In this case, the other terms and conditions will nonetheless remain in force.
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