Beniferro BV has the right to modify these general terms and conditions without any prior warning.
1. Applicability
1.1 These General Conditions of Sale (hereafter: Conditions) apply to all offers, orders and agreements of Beniferro BV, to the exclusion of any other general conditions.
1.2 These conditions apply to the sales of Beniferro BV.
1.3 Accepting an offer or placing an order implies that you accept the applicability of these Conditions.
2. Agreement
An agreement can only be established after acceptance of your order by Beniferro BV. Beniferro BV has the right to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, Beniferro BV will inform you within thirty working days after receipt of the order. For example, orders coming from a zone where our courier does not offer services (mostly islands), or charging extra order costs, will be refused.
3. Prices / Offers
All prices are stated in euros including VAT and excluding shipping costs.
Price quotations remain valid for 14 days from the date of quotation, unless otherwise specified.
Price adjustments can be made with immediate effect.
Without receipt of your payment, we cannot guarantee the availability and prices of the products in the quotation. We can deliver the products as long as
as long as stocks last.
4. Returns
4.1 Beniferro offers transport insurance for shipments to end customers (dropshipping). This insurance means that :
– Beniferro vouches for the return of damaged packages (or – in case the customer vouches for the return – the costs of the return shipment. In this case, the return costs to be reimbursed will not exceed the cost of having the parcel returned by Beniferro BV). In the case of the return by Beniferro BV, the client must conform to the modalities (e.g. mentioning the return number on the package) and timing indicated by Beniferro BV.
– In case of loss or damage of the parcel, Beniferro will send a new parcel once at their expense
4.2 For online orders: All articles can be returned within 14 days after receipt, after which a refund will follow. However, it is imperative that the articles are returned in an unused and undamaged state to Beniferro or to a designated partner who manages the processing of orders and returns. This period must allow the customer to evaluate the purchased product “as in a shop window”. This means that materials that have been tested in a way that differs from what would normally be done in a shop will not be taken back. If this aspect is not observed, we will unfortunately not be able to take back the items and cancel the payment.
In any case, it is necessary to obtain the consent of Beniferro BV before returning materials. Materials are returned to the address specified by Beniferro BV and with the documentation requested by Beniferro BV. This can also be the address of a partner within Europe, which will be notified. Before returning the item, you must request a return reference number. This return reference number must be clearly stated on and inside the packaging. The shipping costs for the return are to be paid by the customer, unless other written agreements have been made.
4.3 In the exceptional case that an article is sent to you, which does not comply with the order, Beniferro BV reserves the right to replace the article by a new one or to refund the amount paid. In this case, Beniferro BV will pay the shipping costs for the return, only if a “return insurance” has been taken out.
4.4
For online orders, there is a right of withdrawal for 14 days. A consumer who intends to exercise his right of withdrawal may in principle not use the product. However, he has the right to test and inspect the goods he has purchased insofar as this is necessary to ascertain the nature, characteristics and functioning of the goods. In practice, this means that the consumer may handle and inspect the product in the same way as he would in an ordinary shop.
If the testing of the goods by the consumer has gone beyond what was necessary to determine their nature, characteristics and operation (i.e. if more testing was done than would normally be done in a shop), the consumer will not lose his right of withdrawal, but he will have to compensate Beniferro BV for the loss in value that has occurred.
Goods must be returned to the address – provided by Beniferro BV – at the expense of the consumer, which, subject to proof of more significant depreciation, is estimated at 40% of the new value.
The purchaser does not have the right to withdraw from the purchase in the case of custom-made articles such as custom-made solar heaters, etc. In the event of a right of withdrawal, the reimbursement shall be made in the same way as the payment was made.
5. Payments
5.1 In principle, payment must be made before delivery or at the latest upon delivery, unless stipulated otherwise.
In some cases Beniferro will grant a credit. This credit ensures that orders can be dispatched quickly. Orders for which the credit is exceeded will not be dispatched until the credit has been sufficiently topped up.
The granting of a credit does not mean that the payment period (generally 14 days) may be exceeded.
5.2 If the payment term is exceeded, you are in default from the day on which payment should have been made and you are liable from that day onwards to pay default interest of 1% per month or part of a month on the outstanding amount. If payment takes place after a reminder by Beniferro BV, you will have to pay an amount of € 25 for administration costs. When Beniferro BV outsources the collection of its claim, you also owe the collection costs. These costs amount to at least fifteen percent (15%) of the outstanding amount, without prejudice to the right of Beniferro BV to instead claim the actual extra-judicial collection costs.
5.3 If you default on any payment, Beniferro BV is authorised to suspend or dissolve (the execution of) the agreement concerned and any other agreements relating to it.
6. Delivery
6.1 The delivery periods stated by Beniferro BV are indicative only. The exceeding of a delivery period does not entitle you to claim damages, nor does it entitle you to cancel your order or dissolve the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to continue the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary. The legal delivery time of 1 month for standard products (excluding custom-made products) serves as a guideline for interpreting the term ‘reasonably’.
The normal delivery time for our products is 2-5 days after receipt of payment.
6.2 Delivery is made to the address given when the order was placed. We cannot guarantee that changes to the delivery address made afterwards will also be correctly applied by the carriers. Adjusted delivery addresses cannot under any circumstances give rise to claims for compensation.
Upon delivery, the customer is obliged to cooperate with the transport process and/or the carrier to ensure a smooth delivery. This includes: notification of alternative date, address … via the website of the transport company, help with loading/unloading if necessary, presence during the day of delivery or collection, pick-up of the package in case the transport company has delivered it to a nearby pick-up point, etc. Costs associated with not providing the necessary cooperation can be charged to the customer.
If the delivery cannot take place at the given address, it is possible that the parcel will be delivered to a parcel shop in the vicinity. The customer shall collect this parcel from the specified parcelshop in good time.
7. Retention of title
Ownership of delivered products is not transferred until you have paid all that you owe to Beniferro BV on the basis of any agreement. The risk regarding the products is transferred to you at the moment of delivery.
8. Transport damage
If a product is delivered with visible transport damage, the product must be refused. Acceptance of a damaged product is irreversible, since it is impossible to prove that the damage occurred afterwards (i.e. after delivery).
If transport damage could only be determined afterwards (packaging not damaged), the damage has to be reported in writing within 24 hours. The packaging and goods must be kept until the damage has been dealt with. In all cases, the recipient shall cooperate fully with any investigation of damage. Non-cooperation may lead to non-compensation of the damage.
If transport insurance has been taken out, Beniferro will immediately reimburse the damage. In the event it has not been taken out, the compensation will be reimbursed to the customer, after investigation and reimbursement by the transport company. The conclusions of the transport company will be followed.
9. Electronic communication and proof
9.1 Beniferro BV is not liable for misunderstandings, mutilations, delays or improper transmission of data and messages resulting from the use of the internet or any other means of communication in the traffic between the client and Beniferro BV (or third parties engaged by the client), unless and insofar as there has been intent or gross negligence on the part of Beniferro BV.
9.2 The administration of Beniferro BV counts as full proof of the existence, the content and the execution of the agreement with the client in a possible legal procedure, until proven otherwise by the party that appeals on the fact that the evidence is not reliable.
10. Force majeure
10.1 Without prejudice to the other rights to which it is entitled, Beniferro BV, in the event of force majeure, has the right, at its own discretion, to either suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without Beniferro BV being obliged to pay any damages, unless, in the given circumstances, this would be unacceptable according to the standards of reasonableness and fairness.
10.2 Force majeure is understood to mean: “every shortcoming which cannot be attributed to Beniferro BV, because it cannot be attributed to its fault, nor can it be attributed to it by virtue of the law, legal action or generally accepted practice”.
11. Warranty – Repairs
11.1 Beniferro BV follows the European guarantee regulation. This means a 6-month guarantee on production faults, followed by an extra 1.5 year guarantee on production faults if the customer can prove the production fault existed at the time of purchase. Materials for which the customer suspects a warranty claim, are checked / evaluated before exchange, repair or refund. If the warranty claim is valid, the material will be repaired or replaced free of charge. According to the warranty law, the seller has the right to determine whether a product will be repaired or replaced.
11.2 All warranty cases are ‘Carry-in’ or ‘Pick-up’.
For online orders the drop-in or pick-up address is :
Beniferro @ Trans RD warehouse
Leuvensesteenweg 124
3191 Hever – Belgium
OR an address of the producer within Europe which will be communicated. Damage to the product caused by poor packing during transport from the customer to Beniferro BV or the supplier will be charged to the customer. If the guarantee claim turns out to be unjustified, the material can either be returned after payment of shipping and evaluation costs, or be repaired against payment. Payment conditions are as described above.
11.3 The following are not covered by the guarantee: broken lamps, overheated UV lamps, parts of products subject to wear and tear (dosage hoses, ball bearings, etc.), damage due to misuse or incorrect installation, etc.
Damage resulting from a warranty problem (loss of water, installation costs, loss of time, etc.) will not be reimbursed by Beniferro BV. In case of a warranty claim with inflatable materials, the customer must send proof of the leak by means of a photo (if necessary, make bubbles with soap and water). No returns of inflatable materials are accepted.
11.4 For a number of products, Beniferro BV offers a “premium” transport or warranty during the regular warranty period. The customer making a claim under this guarantee will – in case of a presumed production error – have an equivalent replacement device made available free of charge for the duration of the evaluation/repair. After the guarantee has been honoured, the replacement appliance must be returned in clean and good condition. Costs related to the evaluation / dispatch / repair of appliances not covered by the warranty shall be borne by the customer.
In case of shipment, all direct costs resulting from faulty delivery will be reimbursed by Beniferro. Damages resulting from a delivery problem (loss of water, installation costs, loss of time, etc.) will not be reimbursed by Beniferro BV
The detailed conditions of this guarantee can be found on the appropriate web page.
11.5 In the case of material which does not function properly, the seller has the right to repair, replace or refund the material. It is at the discretion of Beniferro BV which of these options is chosen.
11.6 Beniferro BV can offer technical assistance to its customers and/or their end customers, for the start-up and maintenance of its products. This can be done by telephone, video call (whatsapp or other) or by mail. The rate for this service is 60 euros (excl. VAT) per hour. We offer this assistance free of charge as long as this amount does not exceed 2% of the purchase value. If the customer/end user does not agree with this method of technical assistance, the product must be returned to Beniferro BV for inspection. Shipping cost to Beniferro are at the expense of the customer, the return back tot he customer is paid by beniferro.
11.7 For repairs with a repair cost under 125 Euro OR less than 25% of the purchase price of the material, Beniferro BV does not have to wait for the approval of the client to repair. Repaired goods remain with Beniferro BV or their supplier, until payment of the reparation costs due. Repairs will not be undone.
12. Purchase of mobile application
Obtaining a free application upon purchasing materials through Beniferro BV, does not entitle the user to continue using this application free of charge in the future. Not accepting the sharing of certain data may result in a reduced functionality of the application. Beniferro BV has the right to display advertising messages on the application.
Beniferro BV cannot be held responsible for poor or improper functioning of the application due to improper settings of the application, improper input of user data, improper functioning of the internet, wifi or mobile phone.
13. Cooperation with third parties.
In some cases, Beniferro BV can recommend a swimming pool constructor or colleague of Beniferro BV to the end user.
Beniferro BV then gives the end user the address and telephone number of a swimming pool builder or colleague of Beniferro BV… whereby it is stated that the end user him- or herself can make arrangements such as an appointment for installation, payment etc … directly with the swimming pool constructor or colleague of Beniferro BV. In such a case, this should be regarded as a non-binding advice from Beniferro BV, and the end customer is free to accept or reject it. Beniferro BV. can in no case be held liable for the lack of all materials at the start of the works, additional costs due to preparations that were not carefully carried out, non-compliance with installation conditions or payments, etc… neither by default of the end customer, nor of the pool builder.
14. Trial period
During the 14-day trial period, the purchaser has a right of withdrawal whereby he has the option of returning the goods received without any obligation on his part other than compensation for the direct costs of returning the goods. According to the Guarantee Act, the customer must clearly express his intention to invoke the right of withdrawal within 14 days of purchase. For example, by first stating that a product does not work and then requesting an exchange, the customer loses the right of withdrawal. The purchaser does not have the right to withdraw from the purchase in the case of custom-made articles such as bubble covers, winter covers, liners, automatic swimming pool covers, etc. In the event of a right of withdrawal, the refund shall be made in the same way as the payment was made. See 4.3 of these conditions for more details.
15. GDPR – protection of personal data – Privacy
In accordance with the GDPR regulations, you must actively authorise Beniferro BV to retain and use your personal data for invoicing, shipping, marketing and personal contact by letter or telephone. The e-mail address will be used to keep you informed of the progress of your order, to send mailings/promotions and/or satisfaction surveys. Your address details may be used to find out where our customers are located. If you consent to the use of data for marketing purposes, the data will be used, among other things, to send you mailings, advertisements, etc. for products related to swimming pools and accessories.
For legal reasons the data will be kept for 10 years. As a customer, you have the right to ask for the destruction of the data that does not have to be kept for legal reasons. You can also ask to see and/or correct and/or limit the scope of your data. You can oppose the use and processing of your personal data. You can do so by sending an e-mail to info@beniferro.eu. Beniferro BV will provide/adjust the data within one month.
In the case of dropshipping, Beniferro BV will store the passed on address, telephone and/or email data of the end customer internally, unless other instructions are given by the end customer or the Beniferro customer.
In case of the use of an app, the customer can change the privacy data via the app or contact the app administrator.
16. Miscellaneous
16.1 If one or more of the provisions of these conditions, or any other agreement with Beniferro BV, should be in conflict with any applicable legal regulation, the provision in question will become ineffective and will be replaced by a new, legally admissible, comparable provision, to be determined by Beniferro BV.
16.2 No rights can be derived from information on the site that is incorrect or has been misinterpreted. Photos are informative and give an idea of the characteristics of our products.
16.3 Beniferro BV is authorised to make use of third parties in order to execute your order(s).
16.4 If additional administrative activities are required of Beniferro BV, such as re-invoicing, changing invoice data, creating a proforma invoice, etc. … administrative costs may be charged. These costs are at least 25 euros.
17. Disputes – claims – applicable law and competent court
17.1 Disputes and claims must be initiated via info@beniferro.eu.
17.2 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, are exclusively governed by Belgian law.
17.3 For disputes that cannot be resolved by mutual agreement, an attempt may be made to resolve them via the ODR platform: http://ec.europa.eu/odr/.
17.4 All disputes between the parties will be referred exclusively to the Commercial Court of Leuven – Belgium.