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Terms and Conditions

Definitions

  • Consumer: Any natural person acting for purposes outside their trade, business, craft, or professional activities, who purchases or will purchase goods from the Company.
  • Goods: The goods sold by the Company to the Customer.
  • Company: Árbol, with registered office at Vogelkerslaan 36, 2960 Brecht, Belgium, registered with the Antwerp Commercial Register, Antwerp division, under company number 0643.992.106.
  • Agreement: The agreement concluded between the Company and the Customer regarding the sale and purchase of Goods by the Company to the Customer.
  • Customer: A Consumer or Professional Customer purchasing Goods from the Company.
  • Professional or Professional Customer: Any natural person or legal entity purchasing Goods from the Company for trade, business, craft, or professional activities.

Applicability

These terms and conditions apply to every sale and purchase of Goods by the Company to the Customer and to all Agreements concluded between the Company and the Customer.

Formation of the Agreement

The Agreement is concluded:

  • either at the moment the Customer accepts the Company’s written offer;
  • or at the moment the Company expressly and in writing accepts an order for Goods placed by the Customer without reservation.

Amendments

The Agreement may only be amended through prior, explicit, and written agreement between the Company and the Customer.

Neither the Customer nor the Company may invoke Article 5.74 of the Belgian Civil Code regarding the theory of unforeseeability (imprevision).

Performance of the Agreement

The Agreement only relates to the Goods as described in the valid and accepted quotation and/or order confirmation issued by the Company. Any changes and/or additions to the order after the conclusion of the Agreement may result in a price adjustment and are only valid after written approval by the Company.

The Goods will be delivered within the communicated timeframe. This timeframe can only be amended by mutual agreement between the Company and the Customer. In the event of late delivery, the Customer must notify the Company of default and propose a reasonable period within which delivery must take place. If the Company fails to deliver the Goods within this reasonable period, the Customer may terminate the Agreement free of charge.

If the Customer fails to perform an action necessary for the delivery of the Goods at the agreed place and time, the Customer shall be liable for all damages incurred by the Company, including storage costs, without prejudice to the Company’s right to terminate the Agreement due to breach of contract.

Conformity of Goods – Warranty

The Customer must immediately inspect the Goods upon delivery.

If the delivered Goods show any defects, a Consumer Customer is entitled to the statutory two-year warranty under the conditions provided by applicable legislation. The warranty period starts from the delivery or collection of the Goods covered by the Agreement. A Consumer Customer must notify the Company in writing by registered letter of defective Goods within two (2) months after the defect became known or should reasonably have been known.

If the delivered Goods show defects, a Professional Customer must notify the Company as soon as possible and no later than ten (10) calendar days after delivery by registered letter. After this period, the Company will only be liable for hidden defects that make the Goods unsuitable for their intended use, provided that (i) the Goods have not been processed and (ii) the Company knew or should have known of the defects. The Professional Customer must notify the Company no later than ten (10) calendar days after discovering or reasonably being expected to discover the hidden defect. The Professional Customer must send a registered letter containing a detailed description of the defect. Complaints regarding hidden defects do not suspend the Professional Customer’s payment obligations.

Price

All quotations and prices charged by the Company are the prices applicable at the time of the offer and/or conclusion of the Agreement. The total price is always expressed in euros and is made available to the Consumer, including VAT, costs, and taxes that the Consumer is required to pay, before placing an order.

A Consumer Customer wishing to invoke Article 5.97 of the Belgian Civil Code regarding price reduction must do so through legal proceedings. The application of Article 5.97, paragraph 2 of the Belgian Civil Code is excluded.

A Professional Customer may under no circumstances invoke Article 5.97 of the Belgian Civil Code regarding price reduction.

Payment

All payments for Goods are due at the time of ordering through the webshop. In the absence of payment, the order will not be accepted and the Goods will not be delivered.

An invoice must be disputed by registered letter within eight (8) working days after the invoice date, stating the reason for the dispute and the details of the invoice.

In the event of non-payment or incomplete payment by a Consumer on the due date, the Company will send a free reminder requesting payment within a period of fourteen (14) calendar days.

If, after this fourteen (14) calendar day period, starting on the third working day after sending the reminder by registered letter or on the calendar day following the day the reminder was sent by email, the amount due remains unpaid, the Consumer shall owe late payment interest and a fixed compensation in accordance with Book XIX of the Belgian Code of Economic Law.

The late payment interest equals the interest rate provided for in the Act of 2 August 2002 on combating late payment in commercial transactions, which is declared applicable by agreement. The fixed compensation amounts to:

  • debts below €150: €20;
  • debts between €150.01 and €500: €30 plus 10% on the amount above €150;
  • debts above €500.01: maximum €65 plus 5% on the amount above €500, with a maximum of €2,000.

It is the sole responsibility of the Professional Customer to have the technical means required to receive a structured electronic invoice via Peppol. The Professional Customer must have an active Peppol account. The Professional Customer is liable for all damage suffered by the Company due to non-compliance with this provision, including but not limited to payment delays, additional administrative and processing costs, and any tax consequences.

In the event of non-payment or incomplete payment by a Professional Customer on the due date, any unpaid amount shall automatically and without prior notice bear interest equal to the interest rate referred to in the Act of 2 August 2002 on combating late payment in commercial transactions, together with a fixed compensation of 10% of the outstanding balance, with a minimum of €50.

Liability

Unless expressly stated otherwise in these terms and conditions, the liability of the Company, its representatives, and/or subcontractors towards the Customer is limited to the liability imposed by law and is in any event limited to the relevant invoice amount (including VAT).

The Company shall under no circumstances be liable for:

  • indirect or consequential damages, including loss of profit, loss of use, reduced goodwill, missed savings, or loss of commercial opportunities;
  • damage caused by third parties;
  • damage resulting from incorrect information provided by the Customer to the Company.

Only the Company is liable for the Goods delivered. The Customer therefore agrees not to bring any claim arising from or related to the Agreement, whether contractual, non-contractual, or otherwise, against any person connected with the Company (including but not limited to representatives, partners, directors, employees, self-employed service providers, and agents, whether natural persons or legal entities). This exclusion does not apply to liability that cannot legally be excluded under Belgian law.

No claim for compensation may be brought against the Company more than one (1) year after the cause of the damage occurred.

The Company cannot be held liable on the basis of non-contractual liability.

The liability limitations in this article do not apply to (i) intentional misconduct or gross negligence, (ii) personal injury, or (iii) any other liability that cannot legally be excluded under applicable law.

Retention of Title

The Goods and materials supplied by the Company, whether processed, mixed, installed, or incorporated, remain the property of the Company until the Customer has fulfilled all obligations, including payment of the invoice principal, interest, and costs.

All risks transfer to the Customer upon delivery of the Goods.

Right of Withdrawal for Consumer Customers

In accordance with European and Belgian consumer protection legislation, Consumers have a right of withdrawal of fourteen (14) days without providing any reason. The Consumer bears the direct costs of returning the Goods to the Company.

The right of withdrawal expires if the Goods and packaging are no longer in their original, complete, undamaged, and unused condition. Goods and packaging are considered new when they have only been received by the Consumer. Goods that have been used and packaging showing visible damage are not considered new.

Only items purchased through the webshop (distance selling) can be returned.

A Consumer wishing to exercise the right of withdrawal must notify the Company via email at info@arboldelavida.be within the legal period. Once the Consumer has informed the Company, they have five (5) calendar days to return the order to the Company’s registered office. The Consumer bears the shipping costs and risk associated with the return.

If returned Goods do not meet the return conditions, ownership remains with the Consumer, who must collect the Goods or have them returned at their own expense.

Professional Customers do not have a right of withdrawal.

Force Majeure

Force majeure means any circumstance beyond the control of the parties, which is unforeseeable and makes performance of the Agreement wholly or partially impossible.

Force majeure includes, among other things: force majeure affecting subcontractors, war, riots, exceptional natural or weather conditions (flooding, lightning, storms, earthquakes, hurricanes, etc.), epidemics, national, regional, or professional strikes, lockouts, government measures, fire, technical failures, pandemic events and their increase or evolution, acts of terrorism, delivery problems, and more. This list is not exhaustive.

The Company shall not be liable or responsible for non-performance or delays in performing its obligations under the Agreement caused by force majeure.

Termination

Either party may terminate the Agreement by written notice with immediate effect if the other party commits a material breach of any provision of the Agreement that is irreparable or, if repairable, has not been remedied within thirty (30) days after written request to do so.

Processing of Personal Data

If the Customer provides the Company with information containing personal data, the Company shall process such personal data only according to and within the written instructions of the Customer, and in accordance with applicable regulations regarding the processing and protection of personal data, including the General Data Protection Regulation (GDPR).

Intellectual Property

The Company remains the exclusive owner of all intellectual property rights it holds in relation to the Goods supplied by it (e.g. website, logos, texts, photographs, materials, images, etc.).

Applicable Law and Disputes

These terms and conditions and the Agreement are exclusively governed by and interpreted in accordance with Belgian law.

The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.

In relationships with Consumers, disputes may only be submitted to the competent courts of the Consumer’s place of residence.

In relationships with Professional Customers, only the courts of the location where the Company has its registered office shall have jurisdiction.

Miscellaneous

If any provision of these terms and conditions or the Agreement is found to be wholly or partially unlawful, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions.

In such a case, the Customer and the Company shall replace the invalid provision with a new provision that most closely reflects the purpose and intent of the original provision.

The Company has the right to transfer its rights and obligations under the Agreement to a subcontractor, provided that this does not affect the rights and obligations under these terms and conditions and that the Customer’s guarantees are not reduced without the Customer’s consent.