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Download or print our terms and conditions here.

1) Application of General Terms and Conditions:

These general conditions apply to any purchase-sale agreement by any visitor to the website, hereinafter called customer with Pool.shop BV, Hofakkerstraat 60, B-9052 Zwijnaarde, Belgium.

Seller's Identity:

Name: Pool.shop BV

Acting under the names: Pool.shop, Piscine.shop, Wellness.shop

Registered address - Registered office: Avenue Louise 367, 1050 Brussels, Belgium.
Correspondence address: Avenue Louise 367, 1050 Brussels, Belgium
Warehouse: De Kempkens 2100, 5465 PR Veghel, The Netherlands. (not available for visits)

Phone number: +32 (0) 9 396 79 03

Email address: support@zwembad.shop

VAT no: BE 0746.407.278
IBAN: BE51 0689 4368 7462 (Belfius Bank Belgium)

These conditions are also integrally applicable to the sale/order of goods through the websites linked to Pool.shop.

Without prejudice to the legal rights imperatively granted to the customer under applicable national legislation regarding consumer protection, the customer acknowledges by his/her order/purchase to have read and accepted the General Terms and Conditions of Pool.shop. The customer is solely responsible, each time he places an Order, for actually reading the version of the General Terms and Conditions in force at that time. These conditions always take precedence over conditions of the customer, even if they stipulate that they are the only ones in force. The Customer's terms and conditions can never apply.

These general conditions are not applicable when works and services are performed by Pool.shop at the client's premises. In the latter case the contracting conditions of Pool.shop are applicable. These can be requested by sending an email to info@zwembad.shop.

The possible nullity of one or more clauses of these terms and conditions shall not affect the applicability of all the other clauses. In this case, the two parties will negotiate to replace this clause with an equivalent clause that corresponds to the general spirit of these general terms and conditions.

The failure of Pool.shop to require the strict application of any of the provisions of these terms and conditions shall not be construed as a tacit waiver of the rights available to Pool.shop under these terms and conditions and shall not prevent Pool.shop from subsequently requiring the strict observance of those provisions.

Pool.shop reserves the right to modify or amend its terms and conditions at any time. It is the responsibility of the customer to consult these conditions regularly.

2) The offer:

The offer will be listed on the website.

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 Pool.shop uses images these are a true reflection of the products and / or services offered. Obvious mistakes and obvious errors in the offer will not bind Pool.shop.

Each offer contains such information that it is clear to the customer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

  • Price including VAT
  • Delivery cost
  • Method of establishing the agreement
  • Applicability of renunciation law
  • Methods of payment, delivery and performance of the contract
  • Deadline for acceptance of offer, deadline for price guarantee

3) Order -Completion of the agreement:

A contract is concluded upon the electronic transmission of the order by the completion of a payment by the customer in the payment platform or by the sending of the mail containing an order. Any changes or additions after the conclusion are valid only after written agreement by both parties. Payment can be made via: Bancontact, Credit Card, Apple Pay, Klarna, KBC, Belfius, SOFORT, iDeal, Giropay and bank transfer.

In case 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 full debt as provided for in the present terms and conditions. If, after the conclusion of agreement, the buyer requests to invoice the ordered goods to another or to several companies, the latter must pass on the correct and accurate data and the buyer shall bear full responsibility for this. In any case, the buyer and all other companies involved remain jointly and severally liable and responsible for the performance of all commitments arising from this agreement, even if they have not co-signed the special and/or general conditions.

Without prejudice to any right of renunciation of the customer, in case of cancellation of a purchase/order, even partially, Pool.shop reserves the right to charge damages to the customer amounting to 25% of the price of the cancelled purchase or order with a minimum of 50 EUR, without prejudice to Pool.shop's right to compensation for higher proven damages.

4) Applicable Prices:

The goods are sold at the prices as applicable on the date of purchase, subject to price changes due to VAT changes, government decisions, ....

For online purchases, the prices or offers mentioned 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 Pool.shop.

All prices are expressed in Euros and include VAT, but exclude any delivery, shipping or other administrative costs, unless explicitly stated otherwise. Any costs for delivery, shipping and/or installation will always be stated separately.

5) Deliveries

Pool.shop will endeavor to deliver the Products to the delivery address that the customer has specified when ordering and within the period or time specified by Pool.shop at the time of ordering. The expected time of delivery, or the time when an agreed service will be performed, is always approximate. The exceeding of the foreseen term can under no circumstances give rise to a fine, compensation, substitution or dissolution of the agreement at the expense of Pool.shop, nor is Pool.shop liable for any loss, liability, value, damage, expenses or costs resulting from late delivery.

Changes to the order by the customer automatically invalidate the predetermined delivery dates.

Pool.shop is in no case liable for delays, incurred as a result of default of suppliers of Pool.shop, the client or any other third party. Exceeding the term of delivery does not relieve the client of his obligations.

Unless expressly agreed otherwise, the goods are always delivered to the address specified by the customer. If the customer is absent during the delivery, the goods will be offered again, but in any case the customer must bear the transport costs associated with the second delivery.

If delivery or pickup is delayed by an unreasonable refusal to accept delivery or if delivery or pickup is not accepted at the transportation company, the following measures may be taken:

  1. (a) charging storage costs and all other costs incurred
  2. b) make the Product unavailable for delivery or collection and cancel the Contract. In such event, Pool.shop will refund to you or your credit or debit card institution any amount already paid by you to us under the relevant Contract, less any reasonable administration costs incurred by us (including those for the attempted delivery and subsequent return of the Product, as well as any other storage costs as set out above).

Under the rules of distance selling, Pool.shop will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer deliverable), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will be informed within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice.

Pool.shop's obligation to deliver will, unless proven otherwise, have been fulfilled as soon as the goods delivered by Pool.shop have been offered once to the buyer. In case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.

All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.

The method of shipment and means of transportation will be determined by Pool.shop at its reasonable discretion. Delivery will be made to the front door at ground level or next to the truck. The customer is obliged to do what is reasonably necessary or desirable to make a timely delivery possible. Pool.shop may assume that the goods can be delivered with usual simple means of transport at easily accessible places in a way that is usual for unloading. If transport and/or unloading involves extra costs as a result of the lack of such possibilities, the customer is obliged to pay these extra costs.

All risks associated with the Product shall pass to the Customer upon physical receipt by the Customer or a third party designated by the Customer.

The customer must be careful when opening the Product so that you do not damage it, especially when using sharp objects. Customer agrees to be available to take delivery of the Product appropriately, without undue delay and at any time reasonably specified by Pool.shop.

6) Time of payment

Unless expressly agreed otherwise, all purchases must be paid by the customer on the date the goods are ordered, at the time the contract is established.

Unless expressly agreed otherwise, all invoices from Pool.shop are to be paid in full in cash on the 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) after invoice date and stating invoice date, invoice number and a detailed justification.

Pool.shop is entitled to withhold and not deliver the goods if they are not paid in full at the latest at the time of the order. For online orders, the customer can pay either directly online via a special payment module provided on the Pool.shop website, or by a classic bank transfer to the account of Pool.shop. In the latter case, the goods ordered will be kept for the customer for 5 days from the order confirmation, pending receipt of his payment. If payment is not received within this period, Pool.shop has the right to cancel the online order, without being held to any compensation.

As a fixed compensation to cover the extrajudicial recovery costs caused by the non-payment or late payment of invoices, invoices not paid on their due date will, without prior notice, be increased by a fixed and irrevocable penalty of 15% on the full invoice amount irrespective of partial payment, with a minimum of € 75, as well as by an interest on arrears of 1% per month from the invoice date (of which a partial month counts as a whole month); without prejudice to the seller's right to claim compensation for judicial and all other collection, reminder and prosecution costs of any kind caused by the non-payment and without prejudice to the seller's right to claim compensation for other damages not purely caused by the non-payment.

All materials delivered remain the property of the seller in the event of non-payment in full, even, where applicable, after becoming immovable by incorporation or destination, until paid in full, and may be recovered by the seller at any time with forfeiture of the deposit already paid (retention of title). All costs associated with exercising the retention of title and recovering the goods shall be borne by the customer. Before the transfer of ownership, the customer is not entitled to alienate, transform, transfer, encumber and/or dispose of the products.

Consequently, the customer is prohibited from either selling or pledging the delivered goods to a third party or disposing of them in any way as long as the price has not been paid in full. In the event of non-compliance with this prohibition by the customer, liquidated damages of 70% of the amount due shall be payable.

If a customer defaults on one or more payments to Pool.shop, Pool.shop reserves the right to immediately stop any further delivery or execution of orders placed. Even without any notice of default, every other order will be considered cancelled. Resumption of deliveries will take place only after full payment of all amounts due (including interest and damages) and according to the seller's schedule.

Furthermore, the absence of any payment, whatever the legal grounds, will result in the immediate exigibility of all other invoices and claims of Pool.shop, even those that are not yet due and all authorized payment terms will expire. The same applies in case of imminent bankruptcy, judicial or amicable dissolution, application for WCO, cessation of payment, as well as any other fact indicating the insolvency of the customer.

The unconditional payment of a part of an invoice amount, shall be considered as an express acceptance of the invoice and invoice terms. Partial payments are always accepted with all reservations and without any adverse acknowledgement, and always allocated first to the collection costs, then to the damage clause, the interest due and finally to the outstanding principal amount. In addition, capitalization of interest is expressly permitted.

7) Liability- Complaint Scheme

The customer must conduct an initial inspection immediately upon delivery, installation or repair. This duty of examination shall include, but not be limited to: conformity of delivery, usability, technical characteristics, visible defects, quantity and dimensions, etc.

The customer must immediately report all deviations, on pain of cancellation, within 2 months after delivery, placement or repair and in any case before commissioning, in writing to Pool.shop by e-mail or via the website using the contact form on one of the websites or by telephone. Under no circumstances may the customer return the goods without the prior agreement of Pool.shop. Pool.shop reserves the right, together with the customer, to go on site to determine the defects and the cause of them.

Subsequently, any complaint of any kind relating to an invoice or to the invoiced deliveries, services must be confirmed in writing by registered letter against receipt within 8 days of the delivery or dispatch of the invoice, failing which it shall be deemed accepted without any reservation of any kind. Each delivery and each payment of an invoice, even a partial payment, is deemed accepted and approved both in terms of price and in terms of the quality of the delivery and/or execution if no complaint is formulated within 24 hours. This also applies to hidden defects. The partial processing/use of the delivered materials also results in a general acceptance without reservation of the whole.

All complaints based on hidden defects must be communicated to Pool.shop by the customer within 2 months of their discovery, under penalty of cancellation.

All of the aforementioned deadlines are due dates.

Any claim to liability also lapses in the event of processing, modification, repair by the customer or by third parties or in the event of abnormal or extraordinary use, load and/or wear of the goods/works, damage caused by force majeure or failure to comply with Pool.shop's instructions regarding the use, service and maintenance of the goods.

Formulating a complaint does not give the client the right to suspend his payment obligations. Furthermore, the customer is obliged to reimburse all costs, of whatever nature, directly and indirectly incurred by Pool.shop as a result of unjustified complaints.

The guarantees offered by Pool.shop to the customer will be limited, at Pool.shop's discretion, to (in whole or in part): (i) replacement (ii) repair of the goods delivered/work performed.

If, in the opinion of Pool.shop, the aforementioned warranty work is not or no longer possible or useful, the customer is entitled to reasonable compensation instead, up to a maximum of the price of the good/part afflicted with the defect.

The client acknowledges that Pool.shop only guarantees that the goods comply with Belgian regulations.

The customer acknowledges that Pool.shop can never provide more warranty than the ultimate manufacturer of the goods.

The customer can report complaints directly to Pool.shop or use the online dispute resolution platfom. This can be accessed via the following link: http://ec.europa.eu/odr/

Consumers can also always turn to the European Commission's Online Dispute Resolution Platform. This central platform handles complaints about distance contracts.

Safeshops 

Should we still not come to an agreement together via our personal complaint service on +32 (0) 9 298 08 74, the contact form or via support@zwembad.shop. Then you as a consumer can contact Safeshops.be. Safeshops.be will mediate between you as consumer and us, if your complaint is accepted by them. Only complaints submitted via the complaint form on https://www.safeshops.be/nl/consumers-complaints/ will be handled. This way, this label organization immediately has all the correct data to further handle your complaint.

Other dispute arrangements

8) Limitation of liability

Provided that Pool.shop's liability has been proven, Pool.shop's liability is limited to the compensation of direct damage of the customer to a maximum amount equal to the stipulated price for the defective good (excl. VAT - transport costs) and in any case limited to the liability mandatorily imposed by law.

Pool.shop is in no case obliged to compensate indirect damages of any kind (such as, but not limited to, physical damage, loss of income or damages to third parties). Neither is Pool.shop liable for defects caused directly or indirectly by an act of the customer or a third party, whether caused by fault or negligence.

Pool.shop can not be held responsible for the cost of the loss of water resulting from a leak in the pool.

Pool.shop is not liable for damage of any kind which arises due to misuse of the goods after delivery. Misuse includes in any case, but not exclusively, the wrong dosage of maintenance products, incorrect installation of pool parts, ... .

9) Force Majeure

If Pool.shop is unable to fulfil its obligations or makes the fulfilment of its obligations unreasonably difficult as a result of force majeure, it is entitled to suspend the fulfilment of these obligations fully/partially and provisionally for the duration of this force majeure or permanently, without being obliged to give any advance notice or owe any compensation. Are conventionally considered as cases of force majeure: war, blockade, revolt, epidemics, natural circumstances, strike or lock-out, fire, flood, seizure, shortage of means of transport, general scarcity of raw materials or products, restrictions on the use of energy and this either at Pool.shop or at one of its suppliers.

10) Right of withdrawal

  1. If you buy goods or services from us, you have the right for 14 days from delivery or conclusion of the agreement to decide that you do not want to keep the goods. You can then return your order less than 32kg without paying a penalty and without giving any reason (the costs for this will be paid by Pool.shop). If the goods weigh more than 32kg there will be a return charge of 100,00 euro for transport. Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the purchase price with the same payment method you used.
  2. If you wish to return your order after 14 days, the direct cost of returning the goods will therefore be at your expense regardless of the weight of the package. We will indicate the cost of this or provide an estimate if this cannot be reasonably calculated in advance. If the goods cannot be returned by post we will collect them from you and you will not be charged.
  3. We may wait to refund until we have received the goods back or until you have demonstrated that you have returned the goods, whichever comes first.
  4. During the first 14 days after delivery, we expect you to handle the order and its packaging with care. If you still wish to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep the item. Returned goods may be fitted but not used. If you are returning the goods, this must be done if possible together with the original packaging, with all delivered accessories and in the original condition and packaging and taking into account our instructions below.
  5. You can return your return package via mail or courier. Please contact us for this at support@zwembad.shop so that we can offer the best possible solution for you. For shipments over 32kg we do not offer free returns. This will be subject to a 100.00 euro charge which will be deducted from your refund.
  6. To quickly and correctly exercise your right of withdrawal, both in the case of delivery of services and delivery of goods, please complete the form below and send it to Pool.shop, Hofakkerstraat 60, B-9052 Zwijnaarde, Belgium. We will send you a confirmation of receipt of your revocation by e-mail.

"MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract) - To [here you should enter your name, address and, if applicable, your fax and e-mail address]. :

- I/We (*) hereby notify(*) you that I/We (*) revoke(*) our contract regarding the sale of the following goods/delivery of the following service(*)

- Ordered on (*)/Received on (*)

- Name(s) of consumer(s)

- Consumer(s) address

- Signature of consumer(s) (only if this form is submitted on paper)

- Date

(*) Delete what does not apply."

11) Privacy Statement

Pool.shop attaches great importance to the protection of your privacy and personal data. Pool.shop will only use or apply the client's data in accordance with the Law of December 8, 1992 on the protection of privacy and the other relevant legal regulations in force. Pool.shop can use the personal data to provide him with informative news items about the operation, services, activities, rates, accession of partners, and other collaborators, et cetera. Under no circumstances will these data be transferred to third parties, neither for informative nor for advertising purposes. Pool.shop has taken all possible legal and technical precautions to prevent unauthorized access and use.

The customer also authorizes Pool.shop to include the personal data provided by the customer in an automated database. These data will be used in order to conduct information or promotional campaigns related to the services and/or products offered by Pool.shop as part of the contractual relationship between Pool.shop 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 Pool.shop, the customer must inform Pool.shop. Costs for changes to original data of the customer, at his request, will always be charged. The customer gives permission to Pool.shop to use visual material of the delivered and/or installed goods for: general information, publicity purposes, publication on the website of Pool.shop, publication in folders, etc.

The customer always has a legal right to complete, correct or delete all or part of his/her personal data. Pool.shop undertakes to comply with your request within 5 working days.

When contacting Pool.shop, the client's personal data and communications are protected by our duty of confidentiality. However, the client gives permission to use his name and/or logo for references on the website. The client can at any time protest against this in writing, whereupon the mention will be immediately and permanently removed.

PRIVACY & COOKIES When visiting the Pool.shop website, some data is collected for statistical purposes provided 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 client visits the website of Pool.shop he agrees with this data collection intended for statistical purposes as described above. Furthermore, only session cookies are used to support the website (correct operation).

12) Miscellaneous

- By his order/purchase on one of the Websites, the customer declares to be familiar with 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 storing and transmitting information digitally or electronically. The customer accepts that Pool.shop is not liable for any damage, due to the use of the online sale as a result of the aforementioned risks.

- The buyer undertakes not to comment negatively in any way regarding anything concerning the contract via the Internet, forums, or any other medium, either directly or indirectly. A lump sum compensation in the amount of 1,000 euros per infringement (per comment and/or per site) is due).

- intellectual property rights

Pool.shop can never be held liable if it would appear that the elements/products ordered by the customer would violate intellectual property rights of a third party. The buyer must indemnify the seller in full if the buyer or a third party should infringe property and copyright laws regarding the use or application of the products.

The information offered (text, images) is copyrighted by right, so the information may not be reproduced or communicated without prior and written consent of Pool.shop. All applicable intellectual property rights are therefore retained. As stipulated in our terms and conditions, any communication with us will be treated as confidential.

13) Disputes - Applicable law

Any dispute relating to 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 dispute before the Courts of the judicial district of the residence or registered office of the buyer.

Only Belgian law is applicable. Disputes fall under the exclusive jurisdiction of the courts of the district of Ghent. Belgian law applies to 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 any one of the provisions of these general terms and conditions shall in no way entail the nullity of the remaining 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.

That includes adhering to 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.