General conditions for Trideus, located at Truibroek 65, 3945 Ham, Belgium. Version is valid starting from 30/10/2013.
Article 1: General terms
1.1 The e-commerce website of Trideus, with municipal location at Goeslaerstraat 59, 3560 Lummen, Belgium, VAT BE0543289971 (hereafter ‘Trideus’) offers its customers the possibility to purchase products online in its webshop.
1.2 These general conditions are applicable to all orders placed by a visitor on the e-commerce website of Trideus. The conditions are accessible to everyone and are included on the website of Trideus. On request, we can send you a written copy.
1.3 By ordering, you acknowledge the terms of delivery and payment and you agree with them. Trideus keeps the right to change these terms of delivery and payment after the expiring of the duration.
1.4 General conditions or contract terms from third parties aren’t acknowledged by Trideus, except for a written agreement.
1.5 Trideus guarantees the delivered product will meet the agreement and the specifications mentioned in the offer.
Article 2: Price
2.1 All prices on the website are in EURO and inclusive 21% VAT.
2.2 Depending on the selected transportation, there can be transportation costs added to the purchase price.
2.3 The prices of the products will not be increased during the term of the offer, except when legal measures are necessary or when the producer increases his prices in the time of the process.
2.4 All prices on the site are under preservation of publication errors. We will not be held accountable to consequences of publication errors.
2.5 The prices are solely for the products as they are descripted. Additional photos are decorative and can contain elements that are not included in the price.
Article 3: Payment facilities
3.1 Payment will occur on one of the ways of payment stated during the order process.
3.2 The period within which the order must be paid is 30 days after handing over or forwarding the invoice.
3.3 Unless otherwise agreed in writing, the shipment of the ordered goods will happen after payment is received. When paying, one must take notice that there can be a delay of 1 to 3 days if you choose payment by bank transfer.
3.4 Baring protest in the form of a registered letter within 7 workdays after receiving the invoice, this is deemed to be accepted by the customer.
Article 4: Offer
4.1 However the fact that the online catalogue and e-commerce website are created with the highest form of accuracy, there still is the possibility that the offered information is incomplete, contains material mistakes or is not up-to-date. These mistakes or flaws in the offer do not bind Trideus. Concerning the correctness and completeness of the offered information, Trideus is only held to a commitment of means. Trideus is never reliable for manifest material flaws or printing errors.
4.2 When the customer has specific questions concerning the measures, color, availability, delivery time or way of delivery, we request the customer to contact our customer service in advance.
4.3 The offer always counts as long as stock lasts and can, at all times, be withdrawn or adapted by Trideus. Trideus can’t be held liable for the availability of a good. When a product or offer has a limited time or this offer is set under special conditions, these will be emphasized in the offer.
Article 5: Delivery
5.1 Delivery will take place as long as the stock is available.
5.2 In ruling with the law on distance selling, Trideus will execute the orders at least within 30 days. When this is not possible (because out of stock or non-deliverable), or there is a delay caused by different reasons, or an order can’t be executed or only partially executed, the customer will receive a message within 1 month of ordering and in that case, he has the right to cancel the order without costs.
5.3 The obligation to deliver will be met by Trideus, awaiting counter evidence, as soon as the delivered goods have been offered once to the customer, or at the location provided by the customer. When delivered at home, the report of the transporter, accounting for the refusal to accept, will be evidence of the offer to deliver.
5.4 All the terms mentioned on the website are indicative. There can be no referral to these mentioned terms.
5.5 All visual damages and/or qualitative shortcoming of article, or other shortcomings with the delivery, have to be mentioned to Trideus as soon as possible.
5.6 The risk of loss or damage is in hands of the customer once he (or a by the customer appointed third party, which is not the delivery firm) has physically received the goods. However, the risk already goes from Trideus to the customer when the customer has selected the delivery firm, which was not a delivery firm that was selected or offered by Trideus.
Article 6: Retention of title
6.1 The delivered articles remain the exclusive property of Trideus, up until the moment the customer has paid the full amount.
6.2 The Customer undertakes to designate third parties, if necessary, to preserve Trideus’s proprietary retention, e.g. to anyone who will seize the items not yet fully paid.
Article 7: right of withdrawal
7.1 The terms of this article are only valid for the customers that purchase articles online on the webshop of Trideus.
7.2 When there is a consumer sale, according to the Law on Market Practices and Customer Protection (article 45 and following), the consumer has the right to return (part of) the delivered goods within a period of 14 calendar days, without reason of returning. This period starts at time of delivery. If the customer hasn’t returned the goods to Trideus after this period, the sale will be final. The customer, before he wants to return the goods, must send a written request to Trideus, within 14 calendar days after delivery. The customer must prove that the goods were sent back on time, for example by an evidence of postal delivery. The right to return the products becomes void when they have been used by the customer or when they have been damaged. Keeping this rule in mind, Trideus will make sure to refund the entire amount of costs, shipping costs included, within 30days of receipt. The return costs of the products are entirely to the account of the customer.
7.3 The right of withdrawal, as described in the last paragraph, only covers the delivered goods and will not cover services, such as telephone costs from the mobile operators, offered by Trideus. On these services, where Trideus only operates as agent, the general conditions of these mobile operators will apply.
7.4 The right of withdrawal doesn’t apply to:
The execution of services, started before the period of 14 calendar days, with the consent of the consumer
The goods of services where the price depends on fluctuations on the financial markets, which are out of the influence of the supplier.
Goods with a personal character, or manufactured according to the specifications of the consumer.
Goods that can’t be returned, due to their nature, for example hygienic products or goods that can spoil easily.
Audio- and video recordings and computer programs where the seal has been broken by the customer.
The delivery of newspapers and magazines; for the services of bets and lotteries
7.5 To claim his right of withdrawal, the customer must inform Trideus via an unambiguous statement (e.g. written by mail, fax or e-mail) about his decision to fulfill his right of withdrawal.
7.6 Only articles that are in the original packaging, together with all tools, user manuals and the original invoice or prove of purchase can be returned.
8. Data management.
8.2 Trideus respects the privacy of the users of the website and makes sure your personal data will be treated with confidentiality.
8.3 In some case, Trideus uses a mailing list. Each mailing has instructions on how to remove yourself from this list.
Article 9: Warranty
9.1 The entrepreneur guarantees the validity of the products and/or services in the contract, the mentioned specifications, the reasonable demands of dignity and/or usability and to the legal agreements and governmental rules on the date of the contract. The legal guarantee period for private persons is 2 years, for companies and governments this is one year. If there is a hidden malfunction, replacement and repair fall under the warranty for 2 years.
9.2 An agreement, offered by the entrepreneur, producer of importer, as a guarantee, doesn’t diminishes the right and claims the consumer has towards the entrepreneur, in case of shortcomings in the fulfilling of the agreement.
9.3 The customer is obligated to immediately control the goods at time of delivery. When the wrong product has been delivered, or it has been damaged or it is incomplete, the customer must notify Trideus in writing of these shortcomings, before returning the goods. Wrongly delivered and damaged products have a term of maximum 2 months after delivery to be returned to Trideus, starting from the day the flaw was noticed. However, if the goods are used after the observation of these imperfections, the right to reclamation and returning will expire.
9.4 If the customer’s claims are being agreed upon by Trideus, Trideus will replace the goods without cost or we will make a written agreement about the compensation. Trideus liability is limited to the amount of the highest price of the concerned goods, of to the amount that is covered by the liability insurance. Every liability towards other sorts of damage is excluded.
9.5 Trideus is not liable for any damaged caused with intention or caused by recklessness of non-management personnel.
9.6 This guarantee doesn’t apply when:
A) as long as the customer is liable towards Trideus;
B) the customer tried to repair the damage himself or by third parties.
C) the delivered goods have been exposed to abnormal conditions or have been carelessly treated or contrary to the directions of the manual on the packaging;
D) the malfunctioning is the consequence of the rules stated by the government regarding the nature or the quality of the applied materials.
Article 10: Deals
10.1 All deals are without obligation, unless it is differently mentioned in the deal.
10.2 When the deal is accepted by the buyer, Trideus keeps the right to alter or cancel the offer within a term of 3 workdays of the receipt of the deal
10.3 Oral commitments only connect Trideus after this have been confirmed expressively and written.
10.4 Deals from Trideus do not automatically apply for repeat orders.
10.5 Trideus cannot be accounted for a deal when the customer had to understand that the offer, or a part of it, contained a manifest error or slip.
10.6 Admissions, changes and/or other appointments are only applicable when it has been agreed in writing.
Article 11: Agreement
11.1 An agreement between Trideus and a customer is established after an order has been viewed feasible by Trideus.
11.2 Trideus keeps the right to itself to refuse orders or commands without giving a reason, or to only accept them under the condition that the shipping happens by prepayment or cash on delivery.
Article 12: Service department
12.1 The service department of Trideus can be reached via +32 11/48.00.75, via mail on email@example.com or per post to the address Truibroek 65, 3945 Ham. Complaints in any sort can be addressed here.
Article 13: Sanctions for late or non-payment.
13.1 Without prejudice to the exercise of other rights in respect of which Trideus is entitled, in the event of non-payment or late payment from the date of non-payment, the Customer is due by law and without notice a 10% interest per annum on the unpaid amount. In addition, the Client is obliged to pay a flat-rate compensation of 10% on the amount involved, with a minimum of 25 euros per invoice, by law and without notice.
13.2 Without prejudice to the foregoing, Trideus reserves the right to withdraw non-fully paid items.
Article 14: Cookies:
14.1 While visiting the site, "cookies" can be placed on your computer's hard drive. A cookie is a text file that is placed by the server of a website in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify people; a cookie can only identify a machine.
14.2 You can configure your internet browser to prevent cookies being accepted, to receive a warning when a cookie is installed or to remove cookies from your hard drive. This can be done through your browser settings (via the help function). Please note that certain graphics may not appear properly, or you may not be able to use certain applications.
Article 15: Images and specifications
15.1 All images, pictures, drawings, etcetera; data about the weight, size, color, pictures of labels, etc., on the website of Trideus are indicative and cannot be a reason for compensation or dissolution of the agreement.
Article 16: Case of force majeure
16.1 Trideus is not liable, when and if the agreements cannot be reached or fulfilled due to force majeure.
16.2 Force majeure is understood to mean any foreign cause, as well as any circumstance which, in principle, should not be at risk to her. Delay or maladministration by our suppliers, Internet malfunctions, malfunctions in the electricity, malfunctions in email traffic, malfunctions or changes in third party technology, transport difficulties, workstations, government measures, delay in landing, supplier failures, and / or Trideus manufacturers as well as emergency personnel, staff illness, defects in auxiliary or transport equipment are expressly regarded as force majeure.
16.3 Trideus keeps the right to suspend our obligations towards the agreement in cases of force majeure, and is entitled to dissolve the agreement partially or completely, or to demand that the terms of agreement are adjusted to facilitate the execution of the agreement. In no way is Trideus obliged to pay a fine or a compensation.
16.4 If Trideus has already partially fulfilled her obligations or when she can only partially fulfill the obligations, when the force majeure happens, will she be entitled to separately invoice the already delivered services or goods and the customer will be obliged to pay this invoice as it were a separate contract. However, this will not be applied when the already delivered part of the agreement has no independent value.
Article 17: Liability
17.1 Trideus cannot be held liable at any way, or it will not accept any liability for damages that begin or began, whenever, by wrong usage of the devices and products, nor by defective or wrongful usage of the created or composed products by these devices. Trideus cannot be held liable for defective, not or insufficient functioning products or parts that were created by the customer itself, whatever they may be.
17.2 Trideus cannot be held liable in any way when the rules of the product are not followed, included those regarding the safety and usage of the right materials.
17.3 By not complying to the rules of correct usage, correct installing and placement, maintenance and by doing repairs at your own initiative or risk, the warranty of the device expires.
Article 18: Change of these terms
18.1 These Terms are supplemented by other terms expressly referred to, and the general terms of sale of Trideus. In case of contradiction, these Terms and Conditions will prevail.
Article 19: Evidence
19.1 The customer accepts that electronic communications and back-ups can be evidence in a court of law.
Article 20: Applicable law and competent Court of Law
20.1 The Belgian law applies to all agreements and contracts.
20.2 All differences, coming from an agreement between Trideus and customer, that can’t be solved by mutual agreement, will be judged by the competent court off the arrondissement Hasselt, Limburg, Belgium, unless Trideus prefers to trial the difference with the competent court of the residence of the customer, and with the exception of those differences that should be decided by the district judge.
Trideus highly values the protection of your privacy and personal data when using our website. Trideus will only process your personal data in accordance with the Regulation of 27 April 2016 on the protection of individuals regarding the processing of personal data and on the free movement of such data (hereinafter the "GDPR") and other relevant applicable legal requirements.
The processed data by Trideus are all data which are required for the proper finalization of your orders. These are:
Invoicing address (if different)
VAT-number (if required)
These data are provided by the offers, order forms and contact forms filled in by the clients of Trideus.
Goals of processing
Trideus uses your information to process orders as quickly and easily as possible to proceed. We collect and process possible personal data for customer- and order management (e.g. client administration, succession of orders/deliveries, invoicing, …).
Trideus uses the collected data to provide its clients the following serviceS:
If you place an order, we need your name, email address, delivery address and payment information to process your order and keep you informed of its progress to date
To make shopping at Trideus to be as pleasant as possible, we store with your consent your personal information and data related to your order and the use of our services. This allows us to personalize the website.
If you place an order with Trideus we keep, if desired, your data on a secure server. You can specify a username and password so that your name and address, telephone number, email address, shipping and payment information, so you do not need to fill. Every new order
Information about the use of our site and the feedback we receive from our visitors helps us to develop our site and improve.
If you respond to a promotion or contest, we ask your name, address and email address. We use this information to carry out the action, to disclose the winner (s) and to measure response to our marketing efforts
For the rest we will only use your personal data on a way that is compliant with the previous named goals. Trideus will not sell your personal information to third parties and will only make available to third parties that are involved in processing your order. Our employees and third parties engaged by us are obliged to respect.
Legal grounds of the processing
Personal data will be processed on grounds of article 6.1 of the General Data Protection Regulation. This personal data will only be processed when
It was given with consent or;
They are necessary for the succession of the agreement or;
They are necessary to fulfill the legal requirements or;
They are necessary for the management of justified interest.
Data about the usage of our website and the feedback we receive help us improve our website. If you decide to write a review, you can choose whether you add your name or other personal information. We are curious about the opinions of our visitors, but reserve the right not to publish all reviews.
Once the processing of the personal data has happened, each person has the right to revoke the consent for usage of the personal data.
Trideus does not sell your data
Trideus will not sell your personal data to third parties, and will solely provide the minimal required information to third parties when this information is needed for processing and delivering your order. These third parties always act on our instruction and conform the goals we have determined. Our employees and the third parties that are used by Trideus are obliged to respect the confidentiality of your personal data. Trideus guarantees that the receivers of this data will take the necessary technical and organizational measurements to protect your personal data. Next to that, we guarantee an equal level of protection of your personal data, both at Trideus and by our involved third-party partners.
The personal data that are processed for client administration will be stored for a period we think is necessary to fulfill the legal requirements, like the warranty period. This term is set on a standard term of 2 years after your last order, the duration of the legal warranty period for consumers in Belgium. If you have purchased the extended warranty, the duration of the preservation period is set to 6 months after this extended warranty has expired.
Guarantee of the compliance of principles that are normal for processing personal data
Trideus processes your personal data only:
On a proper, rightful and transparant way in which the process, from case to case, is supported by previously stated legal grounds
On a way which is proportional with the preset goal
On a proper way
While the duration which is necessary for the aimed goal
On a way that has sufficient guarantees against unnecessary access, unlawful processing and/or unintentional loss or damaging
Right to inspection – right to rectification – right to erasing
Each person that can prove their identity on the correct way has the right to receive a decisive answer from Trideus about the potential process of their personal data, and when it is the case, receive the right to inspect their own personal data.
Each person has the right to receive information about the usage of processing, the categories of personal data that are being processed, the receivers of the personal data, the (criteria to determine the) term in which your personal data is processed and stored and the rights you have, corresponding
to the GDPR.
If you wish to use your right to inspection/rectification/erasing, Trideus will fulfill your request within one (1) month after receiving your written application and only if it concerns your own personal data. The application must happen via registered letter or via e-mail towards firstname.lastname@example.org
Personal data that are incomplete or inaccurate can at all times be rectified or erased. You can rectify your personal data yourself via our website. You can also fulfill your right to rectification by sending the accurate details towards Trideus. Trideus will fulfill your request within one month after receiving these accurate details.
As a user you also have the right to have your personal data erased from the database of Trideus, without unreasonable delay. You can only use this right in the following cases, hen Trideus will look into these cases:
When your personal data are no longer required for the goals they were collected or processed
When your consent is being revoked and no other legal ground exists for the processing
When object is raised against the processing and no prevailing forcing legal grounds for the process excist
When the personal data were processed unlawfully
When your personal data are obliged to be deleted after a judicial obligation
Right to restriction of the handling/right for objection
As a user you have the right for a restriction of the handling if one of the following elements is applicable:
You contest the rightfulness of the personal data;
The handling by Trideus appears unlawful and you do not wish for the erasing of your personal data
Trideus no longer needs your personal data for processing goals, however you still need these personal data for the setup, exercise or understructure of a legal procedure;
Trideus has to judge the attendance of these grounds for erasing these personal data, and this during the period.
Above all, you remain having the right, at all times, to object against the handling of your personal data for reasons that are specifically applicable to your situation. Trideus will end the handling of your personal data at that time, unless Trideus has compelling legal grounds for the handling of your personal data that are more severe than the reason for your right for objection.
You also have the right not to be subject to a decision based solely on automated processing where there are legal consequences or if such a decision can affect you to a considerable extent.
Finally, you have the right to object at any time to the processing of personal data for direct marketing.
If you wish to use your right of objection / limitation of the processing, Trideus will comply with this within one (1) month after receiving the application. The request is made by registered mail or by mail to: privacy@Trideus.be.
Right to data transfer
You have the right to obtain the personal data provided to Trideus in a structured, current and machine-readable form if the processing takes place on the basis of your consent. In addition, you have the right to transfer this personal data to another controller when the processing of your personal data is only based on your consent.
If you wish to use your right to data portability, Trideus will comply with this within one (1) month after receiving the request. The request is made by registered mail or by mail to: privacy@Trideus.be.
Right to forgetfulness
Every time you have correctly requested Trideus to rectify, delete or still process data, Trideus will inform each recipient of this personal data, unless this proves impossible or would require unreasonable effort. You can also always receive information about these recipients.
Right to withdraw your consent / the right to file a complaint
You always have the right to withdraw your permission. Withdrawal of consent does not affect the legality of the processing on the basis of the permission prior to its withdrawal. You also have the right to file a complaint regarding the processing of your personal data by Trideus with the competent supervisory authorities.
If you wish to use your right of access, Trideus will comply with this within one (1) month of receipt of the request. The request is made by registered mail or by mail to: privacy@Trideus.be.
Right to information / transparency
In exercising your rights, Trideus will always act in accordance with the GDPR and thus provide all information required in the GDPR in a concise, transparent, understandable and easily accessible form which you will receive in a simple language.
The time limits for responding to your requests may be extended in exceptional circumstances, including the complexity / multiplicity of your requests. Trideus will inform you of this extension and the reasons for this extension within a month of receipt of your request.
Location of the handling
The location where these personal data are processed and stored is the working address of Trideus, being Truibroek 65, 3945 Ham. These personal data are being stored in Lightspeed E-Commerce and Exact Online.
You remain having the right to file a complaint with the Commission for Protection of the Personal Privacy. This commission can be contacted via letter (Drukpersstraat 35, 1000 Brussel) or email (email@example.com).