Terms and Conditions
These terms and conditions apply to all orders and purchases made through the web store available at www.espa.be operated by:
VAT number BE 0401.296.522
These general sales conditions always take precedence over any general or special conditions of the customer.
The customer acknowledges that he has read these general terms and conditions. The moment the customer confirms his order, he declares the order, as well as unconditionally accept these General Terms and Conditions of Sale. The data registered by www.espa.be of all transactions concluded between ESPA and its customers. ESPA reserves the right for refusing any order from a customer with whom there is a dispute or a dispute that has arisen in the past.
3. Offer and prices
The products as offered on the website are available while supplies last. The prices stated are in euros, excluding VAT, unless explicitly stated otherwise. ESPA NV reserves the right to accept the prize at any time to change. The prices of the products do not include the transport costs, which are charged separately. The minimum amount for each order is 50.00 euros, including taxes. If on the same day two or more orders for the same delivery address placed, orders cannot be bundled and the shipping costs for each order are charged separately. The amount for carriage paid varies according to the chosen delivery address of the customer. The VAT rate which is applied is the rate that applies at the time of placing the order. ESPA NV reserves the right to change the rate of taxes or introduce new taxes, including environmental taxes which affect the price of production of the goods, the prices, as stated on the website. However, the ordered products are invoiced at the prevailing price at the time of the order.
4. Orders and online transactions
The data registered by ESPA NV is evidence of all transactions concluded between ESPA NV and its customers. The customer can pay by bank transfer. However, the delivery will only be due after receipt of payment on the account of ESPA. If the customer chooses to pay by bank transfer, the general terms and conditions of sale apply in full, unless special conditions to the contrary are agreed with the customer: - When the customer is confirms order, he declares to accept the order, as well as these General Terms and Conditions of Sale in their entirety and without reservation, including these on any order confirmations or attachments - We reserve the right, at any time in cash demand payments, notwithstanding any other prior condition. - In the absence of payment on the due date, compensation is due equal to 1% of the amount of the unpaid invoices with a minimum of € 50, this by operation of law and without any prior notice of default being necessary. - Any delay in payment entitles you to an interest of 12% per year on the unpaid sums from the date of invoice, this by operation of law and without that some notice of default is necessary for this. - Without special and written deviations from these provisions, these conditions take precedence over those of the buyer - Any dispute regarding the purchase of products and regarding to underlying Terms and Conditions is subject to Belgian law. In the event of a dispute, only the courts of the district of Limburg, Hasselt department, have jurisdiction, unless the law prescribes another court. ESPA ensures that orders are processed and executed in the shortest possible time. The products are delivered to the specified delivery address on a weekday (Monday to Friday). Only one delivery address can be specified.
5. Retention of title
Ownership of the products sold will only be transferred to the customer after full payment by the customer of all that is owed to ESPA NV in return for the products delivered or to be delivered by ESPA NV, including of the payment of the agreed price, costs, interest and possible damages. Nevertheless, risks of loss or destruction of the products sold will be fully borne by the customer from the time the sold products were delivered to him. Until ownership of the products sold is effectively transferred to the customer, the customer is expressly forbidden to use, pawn or pledge the delivered products objections to any other security right. The customer undertakes to notify ESPA NV immediately by registered letter of any seizure that would have been placed on the products sold by a third party. The customer has a duty of care with regard to this to the goods subject to retention of title and store and keep in perfect condition in an appropriate and clean place in accordance with the highest standards and safety requirements in force in the industry. The The customer undertakes to inform ESPA NV if the products sold are stored in a property that is not its property and will provide the identity of the owner at the request of ESPA NV.
The transport is always at the risk and expense of the customer. From that moment on, the customer bears the risk of loss, theft and partial or complete destruction of the goods. Ownership is only transferred from the full payment of the price by the customer. The mentioned delivery times are purely indicative and depend on the available stock. ESPA NV can in no way be held responsible for any delay in the delivery of the products, nor for the damage that would ensue. The interruption of the production of the ordered goods cannot give rise to compensation or interest. Moreover, ESPA NV cannot be held responsible for the possible delays in delivery due to postal / transport services The delivery is accompanied by the delivery note and invoice, which also includes the details of the products. The delivery is offered to the customer or to any other person who is present at the delivery address, who has a power of attorney to take delivery. If no one can receive the delivery when it is offered, the carrier will leave a proof and a 2nd attempt will take place. If no one can take delivery after the 2nd and last attempt, proof will also be left by the carrier. ESPA NV will consequently all incurred expenses, transport costs, administrative costs, ... charged in full and invoiced to the customer.
If the delivery does not correspond with what is stated on the delivery note or if the delivery shows visible defects, the customer is obliged to immediately inform the carrier of this (1) and have it stated on the delivery document of the latter. and (2) immediately and at the latest within 48 hours of receipt, communicate the identified defects, objections and / or non-conformity in writing and precisely to ESPA NV. ESPA NV's liability for any hidden defects in the goods delivered by ESPA NV is limited to defects that manifest themselves within 1 month after the delivery of the goods. Any hidden defects must in any case, under penalty of forfeiture, immediately and at the latest within 48 hours after the discovery of the defect, to be reported in writing by the customer to ESPA. This notification should contain a detailed description of the defect. Complaints due to hidden defects suspend the payment obligation from the customer. If the delivered goods are defective and all aforementioned deadlines and procedural regulations have been observed, ESPA NV will either repair the defective item (or have it repaired) or replace it with a non-defective product, or credit the amount corresponding to the complaint to the customer, at the free choice of ESPA NV. ESPA NV is not liable for any damage suffered by the customer as a result of the defective goods. Returns are only accepted after prior written approval from ESPA NV. The costs and risks associated with returns are at the customer's risk.
By placing an order, you agree that our company processes your personal data for the execution of the agreement with you and for marketing purposes. You have the right to view your data and to have it changed if they are not correct. You can also object to processing for direct marketing purposes. It is sufficient to contact us in writing (e-mail, postal address). Your data can be communicated to other companies of our group and to contractually affiliated organizations.
9. Intellectual property
The information and services provided on our websites, the texts, images, video and sound files displayed on this website, as well as any software useful for its use, are protected by (intellectual) property rights, which are exclusive to ESPA. All or part reproduction, distribution, sale, publication, adaptation, translation, editing or use for commercial purposes in any way is expressly prohibited subject to the foregoing written permission from ESPA NV. Storing information from our websites in a database is expressly prohibited, with the exception of the browser automatically caching the information.
10. Modification of the general terms and conditions
ESPA NV can change these general terms and conditions at any time, including to comply with legal obligations. Customers will be adequately informed of any changes to the General Terms and Conditions. The new general terms and conditions apply only to sales made after their amendment. The nullity of part of these provisions or of one or more provisions does not affect the validity of the other provisions.
11. Liability and force majeure
ESPA NV is not responsible for cases of force majeure, that is, situations that make it very difficult (or costly) for us to perform our obligations under this agreement. This includes: natural disasters, riot, war and military operations, national or local emergencies, acts of government negligence, economic disputes of any kind, employee actions, fire, telecommunications, software "bugs", flooding, lightning, explosions, collapses, as well as any act or omission on the part of a person or entity that is beyond the reasonable control.
12. Disputes and applicable law
Any dispute with regard to the purchase of products and with regard to underlying General Terms and Conditions is subject to Belgian law. In case of dispute, only the courts of the district of Hasselt, Hasselt department competent, unless the law prescribes another court by mandatory.