General

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Terms and conditions

The website www.klium.be (hereinafter referred to as ‘Klium’) is an initiative of:

KLIUM NV
Ekkelgaarden 26
B-3500 Hasselt
BE 0866.903.252

Account number: BE30 3350 5704 2211 (Please do not use this number to pay for orders. You will receive a separate email with the payment details if you choose to pay by bank transfer)

Klium sells professional tools, technical products, safety clothing and drive systems. If you have any questions or comments, you can always contact us via:

telephone: 0032 (0)3 74 000 41
e-mail: [email protected]

Please have your order number and/or other relevant information to hand so that we can respond quickly and appropriately.

Klium can also be contacted via www.klium.nl and www.klium.com

A. Definitions

In these Terms and Conditions of Sale, the following terms shall have the following meanings:

any natural person (B2C) or legal entity (B2B) that has or will have a contractual relationship of any kind with Klium. Hereinafter also referred to as “you” or “your”.
“Consumer”: Any natural person acting as a Buyer for purposes outside their business or professional activity.
“Products”: All goods and services that are the subject of this sales agreement.
“Goods manufactured to the Consumer's specifications”: goods that are not prefabricated and are manufactured on the basis of an individual choice or decision by the Consumer.
“Sales agreement”: Any agreement whereby the trader undertakes to transfer ownership of goods and/or provide a service to the Buyer. The Buyer, in turn, undertakes to pay the price thereof.

1. Introduction

These Terms and Conditions of Sale apply to all current and future sales of Products by Klium to the Buyer. By using our website, you as the Buyer accept these Terms and Conditions of Sale, as well as all other rights and obligations as stated on the website.

In principle, these Terms and Conditions of Sale apply at all times and exclusively, except in the case of an explicit deviation. An explicit deviation is only valid insofar as it is the result of mutual agreement that is explicitly recorded in writing. Explicit deviations are only valid as a replacement or supplement to the clauses to which they relate. The other provisions of these Terms and Conditions of Sale remain fully applicable in any case. Klium reserves the right to change and/or supplement the Terms and Conditions of Sale at any time for future orders. Any future changes will of course not affect existing product orders and the resulting agreements.

2. Offer and Acceptance

The Offer

Every offer is posted online with the utmost care. Klium undertakes to provide sufficient information about the characteristics of the products, including technical descriptions and photographs illustrating the products. Klium naturally uses the best technical resources and standards on the market for this purpose. Klium bases its information largely on the information provided by its partners and suppliers. The images on our website provide an accurate representation of the substantial characteristics of our products. Klium guarantees that the products comply with the information stated in the offer, with reasonable requirements of usability and with the legal provisions applicable on the date of conclusion of the agreement. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.

Every offer on our website is merely an invitation to the Buyer to make a purchase and cannot therefore be regarded as a binding offer on the part of Klium. Furthermore, an offer is only valid while stocks last. If the product is no longer in stock, we reserve the right to inform you of this within seven (7) calendar days at the latest.

We have the option of applying specific conditions to a particular offer, such as a limited period of validity. You can rest assured that these conditions will always be communicated explicitly and prior to the order.

If an offer is clearly affected by a mistake or error, Klium is not bound by its offer. Obvious or clear errors in the quotation, such as evident inaccuracies, can also be corrected by Klium after the agreement has been concluded.

Certain products or services cannot be ordered via our online ordering method. In that case, the buyer must contact Klium and will receive an individual quotation. Such a personalised quotation is valid for 30 calendar days, unless a different term is stated in the quotation. These Terms and Conditions of Sale also apply to the offer in the quotation and all agreements arising from it. You will also receive the General Terms and Conditions and a summary of the order in a confirmation email.

Prices

All prices are expressed in EURO and include VAT and other taxes (such as the Recupel or Bebat contribution). If the purchase is made within the framework of a business or professional activity, the price may be indicated excluding VAT and other taxes. Delivery costs are not included in the individual product price but are always indicated in the last step of our online ordering procedure. The use of certain selected payment methods may incur additional costs, which are exclusively borne by the Buyer.

Klium reserves the right to change prices at any time, but we undertake to apply the rates indicated on the site at the time of your order. If the price change is the result of changes in VAT rates, this will be charged to the Buyer.

Acceptance

If the Buyer wishes to purchase a product from Klium's range, they must place an order using the online ordering method. This purchase is binding on the Buyer. Klium will send an order confirmation by e-mail to the e-mail address provided by the Buyer within 7 calendar days. This order confirmation marks the moment at which the agreement is concluded.

Klium may decide at any time not to send a confirmation or to refuse the product order in an explicit statement. If the order cannot be fulfilled or can only be partially fulfilled, Klium will inform the Buyer and, if necessary, propose a replacement product. If Klium refuses the product order or the Buyer does not agree to the proposed alternatives, no agreement will be concluded and any payments already made will be refunded promptly. The Buyer is not entitled to any form of compensation.

In accordance with the law of 11 March 2003 on electronic commerce, the parties expressly acknowledge that electronic forms of communication constitute a valid agreement. Klium may use all electronic files at its disposal, within the limits of the law, to prove the agreement. A normal, digital or electronically qualified signature is not an essential requirement for proof.

3. Payment

The price shown in the order confirmation is the final price to be paid. If this price does not correspond to the price stated at the last moment of the purchase confirmation, the Buyer must inform Klium of this within 7 calendar days of the order confirmation. Other complaints must also be communicated clearly and in writing within 7 calendar days. Submitting a complaint does not result in suspension of payment.

Buyers who place a product order in the context of a business or professional activity (B2B) can obtain an invoice on request.

In principle, all payments are processed immediately and in full at the moment the order is placed by the Buyer. We accept all common, valid and internationally accepted credit cards and electronic payment methods as indicated on our website. Klium takes all reasonable measures to ensure the security of your online transactions. The use of the above-mentioned recognised payment partners and credit card issuers provides us with the necessary security. The necessary security measures via SSL are provided.

Klium defers its delivery obligations until full payment of all amounts owed by the Buyer has been received. Klium retains ownership of all products ordered until full payment of all amounts owed under this agreement, regardless of whether delivery has already taken place.

The following payment options are available during the order checkout:

Ideal
Bancontact
PayPal
Visa
Mastercard
Klarna
Bank transfer: With this payment option, your order will be registered but not yet reserved. Immediately after placing your order, you will receive an email from us with the pro forma invoice for your order. A few moments later, you will receive an email from our payment provider Mollie with the payment details you need to make the transfer. It is important that you use the payment reference in the email from Mollie, as this is linked to your order. Once the transfer has been fully processed by the bank, your order will proceed to the next stage and you will receive an order confirmation.

4. Delivery and installation

Every order is always completed with the utmost care. The maximum delivery time for a product is 30 days after receipt of the order. If circumstances cause a shipment to be delayed in whole or in part or cannot be carried out, we will inform you as soon as possible. In that case, you have the right to terminate the agreement without incurring any costs.

Klium delivers the goods within the agreed delivery period. If a delivery period is stated on the website, in the offer or during the ordering process, this shall be deemed to be the delivery period communicated by Klium, except in cases of force majeure. If no specific delivery period has been agreed, Klium shall deliver the goods without undue delay and no later than thirty (30) days after the conclusion of the agreement. If Klium does not deliver the goods within the applicable period, the consumer shall request Klium to make the delivery within an additional period that is appropriate in view of the circumstances. If Klium does not deliver within this additional period, the consumer shall be entitled to terminate the agreement. In that case, Klium shall refund all amounts paid by the consumer without undue delay. The consumer may terminate the agreement immediately if Klium refuses to deliver, if delivery within the agreed period is essential in view of the circumstances, or if the consumer has informed Klium before concluding the agreement that delivery on a specific date or within a specific period is essential.

Klium uses external parties (DHL, bpost, Transmissions Getax, PostNL, dpd) for delivery. In the event of a non-delivered order, an investigation will be launched immediately with the carrier. This takes several days, during which time no refund or other shipment can be made.

Delivery is deemed to have taken place once the ordered products have been offered to the customer once. It is the buyer's responsibility to enable delivery at the agreed location in the presence of the buyer or a third party designated by the buyer. If a delivery attempt is unsuccessful due to a failure on the part of the Buyer or the third party designated by the Buyer, the costs of this delivery attempt will be borne entirely by the Buyer.

Klium bears the risk of damage and/or loss of the products until the moment of delivery. The risk of the products passes to the Buyer as soon as the Buyer or a third party designated by the Buyer takes delivery of the ordered products. In principle, each delivery requires the signing of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

The Buyer is solely responsible for the further installation of the ordered products. The Buyer confirms that he always takes note of all accompanying information, installation and safety instructions for the product. At the express request of the Buyer, Klium may recommend certain specialised third parties for the installation of the products, without obligation. Klium is never a party to the agreement between the specialised third party and the Buyer and is not liable for damage caused by these specialised third parties.

5. Defects and complaints

Although Klium always strives to satisfy its customers, we cannot completely rule out defects and complaints about the products. Our warranty policy allows us to still win your satisfaction. Please note that the warranty conditions must always be met. Additional commercial warranties are always possible.

5.1 Statutory warranty

If the Buyer is a consumer, the goods delivered by Klium are covered by a statutory conformity warranty of two (2) years from the date of delivery. Klium guarantees to the consumer that the goods delivered are in conformity with the agreement and meet the normal expectations that the consumer may reasonably have, taking into account, among other things, the description of the goods, their nature and the public communications of Klium and, where applicable, the manufacturer.

If the consumer discovers a lack of conformity, they must notify Klium as soon as possible and no later than two (2) months from the date of discovery. Reporting the lack of conformity is sufficient to invoke the legal guarantee. Klium may not impose any additional formal requirements for this, such as a reasoned complaint or sending a registered letter.

The consumer is initially entitled to have the goods repaired or replaced free of charge, at their discretion, unless the chosen remedy is impossible or involves disproportionate costs for Klium compared to the other remedy. Repair or replacement shall be carried out free of charge, within a reasonable period of time and without significant inconvenience to the consumer. Free of charge also means that no shipping, transport, labour or investigation costs will be charged in the case of a lack of conformity covered by the legal guarantee.

If repair and replacement are impossible, cannot be carried out within a reasonable period of time, or cannot take place without serious inconvenience to the consumer, the consumer is entitled to a proportionate price reduction or, in the cases provided for by law, to termination of the contract.

In order to exercise their rights under the legal guarantee, consumers need only prove their purchase from Klium with appropriate proof of purchase, such as an invoice, order confirmation or proof of payment. The consumer does not lose their right to the statutory warranty if the goods have been used, are no longer in their original condition or are no longer in their original packaging. Klium may, however, request the consumer to deliver the goods to Klium for inspection or treatment in accordance with the practical instructions provided by Klium. If available and reasonably possible, Klium will ask for relevant accessories or documentation to be provided. The use of the original packaging is recommended to limit transport damage, but is not a condition for the application of the statutory warranty.

The statutory warranty does not apply to damage or defects that are solely the result of normal wear and tear, an accident, incorrect or improper use, incorrect installation or assembly that cannot be attributed to Klium, or a modification or repair by the consumer or a third party, insofar as that modification or repair is the cause of the reported defect.

5.2 Commercial warranty

Duration and commencement

In addition to the two-year statutory warranty, KLIUM offers the Consumer a commercial warranty on power tools/machines. If the conditions below are met, the Consumer can enjoy a total of five (5) years' warranty.

To claim this additional commercial warranty, the Consumer must register the purchase of their power tool/machine with the relevant manufacturer. By registering their purchase with the manufacturer, the Consumer obtains an additional one (1) year manufacturer's or brand warranty from the manufacturer. After this year, the Consumer still enjoys two (2) additional years of seller's or Klium warranty. Every Consumer automatically receives the two (2) year KLIUM warranty after the purchase has been registered with the manufacturer. The Consumer therefore does not need to take any further action.

During the two additional years of Klium warranty, KLIUM applies the same warranty conditions as the manufacturer, unless otherwise stated in the sales document, advertising or labelling. The commercial warranty period begins on the date on which the statutory warranty period expires. Repair and replacement

In order for the Consumer to be able to invoke the commercial warranty offered, the following conditions must be met:

a) The purchase relates to power tools/machinery of one of the following brands: Bosch, Dewalt, Fein, Festool, Hitachi/Hikoki, Makita, Metabo, Milwaukee and Spit.

b) The purchase was registered with the relevant manufacturer in good time.

c) The purchase was made after 02/07/2018. Consumers who made a purchase before that date are therefore not entitled to invoke the commercial warranty.

d) At KLIUM's request, the Consumer must submit the current warranty contract, together with the order confirmation and proof of payment.

Terms and conditions of application

Any defects found will be remedied free of charge within a reasonable period of time, either by repair or by replacing the parts concerned. The resulting costs (transport costs, call-out charges, labour costs and costs of parts) shall be borne by KLIUM. Replaced parts or devices shall become the property of KLIUM. In contrast to the statutory warranty period, the warranty period shall not be extended by warranty work and replacement deliveries under the commercial warranty.

The warranty does not include any further right to compensation from KLIUM, unless the Consumer can prove that the technician authorised by KLIUM and responsible for the work acted with intent or gross negligence. The commercial warranty does not include the delivery of consumables and accessories.

Limitation of the commercial warranty

The Consumer cannot claim under the commercial warranty for defects and malfunctions resulting from:

a) incorrect setup or installation, for example by failing to observe the applicable safety regulations or the instructions in the user, installation and assembly manual, incorrect use, as well as incorrect operation or loading;

b) external influences, such as transport damage, damage as a result of impact or blows, damage due to weather influences or other natural phenomena;

c) repairs and modifications carried out by service organisations that are not trained and authorised by KLIUM for this work;

d) parts that wear out depending on the nature and intensity of use;

e) current and voltage fluctuations that are outside the tolerance range specified by the manufacturer;

f) failure to carry out maintenance and cleaning work in accordance with the instructions for use.

6. Right of withdrawal

Every Consumer also has a right of withdrawal, provided that the following conditions are met. According to this right of withdrawal, the Consumer may decide within 14 calendar days from the day following the delivery of the product that he does not agree with the purchase. The Consumer does not need to justify the use of his right of withdrawal. Nor is the Consumer obliged to pay any penalty or compensation for exercising his right of withdrawal. The Consumer does not have a right of withdrawal in the following cases:

Service contracts after full performance of the service if the performance has begun with the consumer's express prior consent, and provided that the consumer has acknowledged that he loses his right of withdrawal once the company has fully performed the contract; (Article VI.53.1° of the Economic Law Code)
The delivery or provision of goods or services whose price is linked to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period; (Article VI.53.2° of the Economic Law Code)
The delivery of goods manufactured according to the consumer's specifications, or which are clearly intended for a specific person; (Article VI.53.3° of the Economic Law Code)
The delivery of goods that spoil quickly or have a limited shelf life; (Article VI.53.4° of the Economic Law Code) The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; (Article VI.53.5° of the Economic Law Code)
The delivery of goods which, by their nature, are irrevocably mixed with other products after delivery; (Article VI.53.6° of the Economic Law Code)
Contracts in which the consumer has specifically requested the company to visit him in order to carry out urgent repairs or maintenance; however, if during such a visit the company provides additional services that the consumer has not explicitly requested, or supplies goods other than spare parts that are necessary to carry out the maintenance or repairs, the right of withdrawal applies to those additional services or goods; (Article VI.53.8° of the Economic Law Code)
The delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery; (Article VI.53.9 of the Economic Law Code)

If the Consumer wishes to exercise the right of withdrawal, he must notify Klium within the statutory withdrawal period by means of an unambiguous statement clearly indicating his decision to withdraw from the contract. The Consumer may notify Klium of this by e-mail, letter, telephone or, if available, via an online return or contact form. The Consumer may also use the statutory model withdrawal form for this purpose, but is not obliged to do so.

In order to process the withdrawal correctly, Klium asks the Consumer to provide sufficient information to identify the order, such as the Consumer's name, the order number and, if relevant, the date of order or receipt. The absence of certain formal details does not in itself affect the right of withdrawal, provided that the Consumer's statement is clear and timely. The Consumer is not obliged to give reasons for their decision to withdraw.

After informing Klium of their decision, the Consumer must return the products to Klium as soon as possible, and no later than 14 calendar days after the communication. The return shipment must be made by a recognised carrier. In any case, the Consumer will bear all costs and risks of the return shipment.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

If the Consumer validly exercises their right of withdrawal in accordance with the above conditions, Klium will refund all amounts already paid. The costs of installation and any additional delivery costs if a delivery method other than the cheapest standard delivery method offered by Klium was chosen will not be refunded.

This refund will be made promptly, and in any case no later than 14 calendar days. As long as no proof of return has been provided by the Consumer, Klium has the right to suspend the refund. Klium will refund the Consumer using the same payment method used for the original transaction, unless the Consumer has expressly agreed otherwise. In any case, no costs will be charged for the refund.

If the products have been affected by a reduction in value resulting from handling of the goods that goes beyond what was necessary to determine the nature, characteristics and functioning of the goods, the Consumer will be responsible for this. Klium is entitled to charge this proportionally when making the refund.

If the Consumer does not comply with the above conditions, this constitutes an unlawful use of the right of withdrawal. In that case, the goods will be returned to the Consumer at the Consumer's own expense and risk. Klium undertakes to clearly communicate its reasons to the Consumer.

7. Force majeure

If Klium is wholly or partially prevented from fulfilling its obligations to the other party due to circumstances beyond its control, this will constitute force majeure. In that case, Klium will not be obliged to fulfil its obligations to the other party. Klium is entitled to suspend its obligations for the duration of the force majeure.

8. Intellectual property

All intellectual property rights and derivative rights remain with Klium. These intellectual property rights include copyrights, trademark rights, design rights and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods and concepts. Klium attaches great importance to its intellectual property rights and has taken all possible measures to guarantee their protection.

9. Processing of personal data

The information you provide is necessary for the processing and handling of orders, invoicing and the follow-up of returns. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a breach of these Terms and Conditions of Sale. The Buyer's personal data will only be processed in accordance with the applicable Privacy Statement, which can be consulted here.

10. Counterfeit Prevention

Klium only offers products that it purchases from the original manufacturers and their wholesalers. If in doubt about the authenticity of products, consumers can find more information and tips on the website https://www.eccbelgie.be. If counterfeiting is suspected, consumers can always submit a complaint via the Reporting Centre https://meldpunt.belgie.be/meldpunt.

11. Applicable law and competent court

All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes relating to or arising from offers made by Klium, or agreements concluded with it, shall be submitted to the competent court in the judicial district where Klium has its registered office.

12. Code and complaints procedure

You can submit a complaint about a product or our services by e-mail to [email protected] or by telephone on 037400041 (on weekdays between 9 a.m. and 4 p.m.). We will do our utmost to help you as quickly and effectively as possible.

If you are still not satisfied with the handling of your complaint, you can submit it to the Becom Disputes Committee or the Consumer Ombudsman Service.

Becom complaints procedure: If we are unable to resolve the issue together, you as a consumer can contact Becom. Becom will mediate between the consumer and the seller if the complaint appears to be justified at first glance. You can contact them via the complaints form at https://becom.digital/nl/klachten/ or in writing: Markiesstraat 1, 1000 Brussels, [email protected].

Consumer Ombudsman Service: https://consumentenombudsdienst.be/nl)

Klium will respond to the complaint within 14 days of receiving it. This applies to both private and business complaints. However, we will of course try to resolve all complaints as quickly and effectively as possible.

13. Acceptance obligation

We comply with all legal obligations regarding the disposal of waste batteries and electrical and electronic equipment. We and our partners ensure that the batteries and electronic devices we sell are correctly taken back and processed. We emphasise to our customers that, in accordance with the applicable regulations, electrical and electronic equipment and batteries that are at the end of their life, obsolete or no longer working must not be disposed of in the rubbish bin or in their local authority's selective sorting bins. This prohibition is indicated on the products themselves by the symbol of a crossed-out rubbish bin. The purpose of this regulation is to limit the waste of raw materials and to protect the environment and human health by preventing the spread of substances in certain appliances into the natural environment. You have the option of delivering this waste to a suitable collection point or when delivering your order. For more information, please contact our customer service department.

14. Take-back of old electrical and electronic equipment (WEEE)

If you purchase an electrical or electronic device from Klium, Klium will take back an old, similar device free of charge (‘1 for 1’). Please notify us of your return when placing your order (via customer service). We will then make the practical arrangements (take-away service upon delivery/collection or free return/drop-off).

The old appliance must be disconnected, empty and ready for safe transport.

You can also return discarded appliances more easily and free of charge via a Recupel collection point (recycling park, thrift shop or participating shop).

Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

To:	[Name of trader]
	[geographical address of trader]
	[fax number of trader, if available]
	[e-mail address or electronic address of trader]

I/We* hereby inform you that I/we* wish to withdraw from our contract concerning

the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*,

revoke/revoked*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

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

* Delete as appropriate or fill in as applicable.

Would you like to report a return, defect or incorrect delivery? Please contact our customer service department.