Terms and Conditions for Consumers
General Sales Conditions governing Remote Sales for Consumers
Article 1 – Definitions
Product/Products/Materials/Goods: the Seller’s product range as found in the online catalogue
Company address: Hille 174, 8750 Zwevezele (Belgium)
Consumer: Any natural person who is not acting for purposes related to his or her trade, business, craft, or profession;
Right of Withdrawal: The Consumer’s right to withdraw from the Contract with the Seller within fourteen (14) calendar days starting from the day following the delivery of the goods;
Model Form for withdrawal: the European model form for the withdrawal from a contract, as published on the Online Shop;
Contract: A Contract in which exclusively one or more means of remote communication are used within the context of a system set up by the Seller for the remote sale of materials up to and including the conclusion of the Distance Contract;
Parties: Joint designation of the Consumer and the Seller;
Online Shop: The domain name through which the Consumer can order materials from the Seller (shop.joriside.be)
Article 2 – Identity of the Seller
Joris Ide NV
Hille 174,BE- 8750 Zwevezele (Belgium)
VAT BE 0450.452.063
RPR Ghent, Bruges division
General phone no.: +32 (0)51 610 777
All the contact details and options for contacting us can be found on our Online Shop in the “Contact us” section.
Article 3 – Scope
The Consumer expressly accepts that these general terms and conditions apply to any offer from, any order placed with, any contract concluded with, and any delivery by the Seller. In other words, these general terms and conditions exclusively govern the entire commercial relationship between the Consumer and the Seller and must always be read in conjunction with the Seller’s General Terms and Conditions for Regular Sales. These General Sales Conditions governing Remote Sales for Consumers will prevail in the event of any discrepancies.
The Consumer and the Seller explicitly agree that other purchase conditions, general terms and conditions, and the like other than those of the Seller will not apply in any way, not even tacitly, in relation to the Contract between the Buyer and the Seller.
Deviations from these general terms and conditions must be explicitly accepted in writing by the Seller in advance.
The Seller reserves the right to amend its general terms and conditions at any time, provided these have been communicated to and accepted by the Consumer before they come into force.
Article 4 – Legal capacity and acceptance
The Consumer must have the capacity to perform legal acts. If a person is declared legally incapacitated, he/she cannot purchase any Products on the Seller’s Online Shop and cannot qualify as a Consumer as a result. In this case, he/she must make his/her purchases through a legal representative.
The Consumer explicitly accepts these general sales conditions by clicking the checkmark or ticking the box next to the sentence “I accept the general terms and conditions”.
The Consumer has had the opportunity to save and print these general sales conditions.
Article 5 – Offer, order, and order confirmation
If an offer is only valid for a limited period of time or is subject to specific terms and conditions, this will be explicitly stated on the Seller’s online shop. The offer always contains sufficient information to make it clear to the Consumer which rights and duties are associated with accepting the offer.
Each offer by the Seller is explicitly subject to the availability of the relevant materials.
Orders can be placed through the Online Shop in Dutch, French, or German. All further communication and the order process will take place in the language chosen by the Consumer.
The Consumer places its order based on the information in the online catalogue.
To order a product, the Consumer must first place this in his/her shopping cart. The Consumer must then enter its contact details and invoice details. The Consumer will be given the option to create an account at the end of the order process. This will save the Consumer’s data to ensure that it will not be required to enter these data again for a subsequent order.
By placing its order, the Consumer expressly accepts the price, the properties of the materials, and the applicability of these general terms and conditions with respect to the Contract to be concluded with the Seller.
The Consumer accepts that the order is final from the moment on which its order is placed. The order cannot be modified, cancelled, or revoked, unless the Right of Withdrawal is exercised or the Seller has given prior written permission for this revocation.
5.3 Order confirmation
After placing an order, the Consumer will receive an electronic order confirmation from the Seller within twenty-four (24) hours.
A link to the general terms and conditions, which can be saved on a durable medium, will be added to the order confirmation.
A Contract is concluded between the Parties by electronic means from the time of receipt of this electronic order confirmation by the Consumer.
The Order Confirmation confirms the Consumer’s order, specifying the expected delivery period, which will be deemed as provisional. The Consumer expressly accepts that the Seller can unilaterally change the specified delivery period.
Article 6 – Prices
All prices specified by the Seller are expressed in euros. In addition to the price, the Seller may also charge the Consumer VAT, packaging costs, shipping costs, and any taxes or levies to be borne by the Consumer. This will be clearly specified before the order becomes final.
The Seller reserves the right to unilaterally change the prices listed on the Online Shop.
Article 7– Payment
7.1. Generalities and retention of title
The materials ordered by the Consumer will remain the property of the Seller until the Seller has received full payment of the price from the Consumer.
Any order by the Consumer will be placed subject to the express obligation of the Consumer to pay the total price of the ordered materials to the Seller.
If the Consumer’s payment cannot be received in full when the order is placed, the Seller reserves the right to postpone the acceptance and delivery or collection of the order.
The Consumer will pay the full amount in cash when completing the order process.
The amount will be deducted from the payment card used on the same date on which the order was placed.
Article 8 – Collection/delivery
When placing its order, the Consumer can choose between 1) collecting the order at the company address or 2) having the Seller deliver the order, unless the Seller does not permit the collection of materials for security or other reasons.
The goods will be collected on the date agreed between the Seller and the Consumer at the company address as specified in the order confirmation and exclusively during the Seller’s opening hours, as communicated by the Seller. If the Consumer fails to collect its goods within fourteen (14) days, the scheme set out in Article 8.5 of these general terms and conditions will apply.
The Consumer accepts that the loading, stacking, and securing of the goods is done at its own risk. The transport of the goods will also take place solely at the risk of the Consumer, which must also provide suitable means of transport for the goods.
If the goods are to be delivered, the Consumer must provide a delivery address. This address cannot be changed after the order is placed unless expressly accepted in writing by the Seller.
The delivery costs will be clearly specified before the order is placed.
The indicative delivery period depends on the Product ordered and will be clearly specified along with the Product’s other specifications before the order is placed.
Depending on the composition of the order, it may not be possible to deliver all Products together and/or at the same time. However, the delivery costs will be charged only once for every order.
The delivery only includes the delivery of the Product and not its assembly.
Home deliveries will take place exclusively in Belgium.
Transport for home delivery is always at the risk of the Seller. The Seller cannot, however, be held responsible for late delivery or a failure of its supplier or logistics partner to deliver the order. The specified delivery periods are always indicative.
If the delivery address provided proves to be difficult to reach due to, for example, if the access road is not paved or is too narrow for the transport used, the Consumer will owe the Seller a minimum lump-sum compensation of EUR 150 for the delay incurred and/or the unsuccessful transport by operation of law. This is without prejudice to the Seller’s right to recover its actual losses from the Consumer.
The Consumer also undertakes to be present at the delivery address at the time of delivery by the Seller. The Seller will take back the materials in the Consumer’s absence. The Seller will inform the Consumer at which address the materials are located. The Consumer can then collect the materials from this address after making a written appointment with the Seller. The Consumer will receive a notice about this in its mailbox. In this case, the Consumer will owe a lump sum of at least EUR 150 to cover the cost of the unsuccessful transport.
The Consumer accepts that the Seller reserves the exclusive right – in the event of delivery to the Consumer – to unilaterally determine the most suitable packaging and shipping method (e.g. by splitting the order into several partial deliveries). The Seller will not take back packaging materials.
The Consumer is expected to inspect the materials that constitute the subject of the Contract for conformity with the Contract and possible defects both in the case of delivery and of collection.
8.5. Liability of the Consumer in the event of failure to collect the order or refusal to accept the order
In the event that the Consumer fails to collect or does not accept the delivery of the materials that constitute the subject of the Contract on the agreed delivery date due to an event that cannot be attributed to the Seller, the Seller, without notice of default or any other notification to this effect being required, will have the right to invoice its storage costs at a rate of 0.5% of the invoiced value of the Products per started week after the original delivery date for a maximum of ninety (90) days.
Should the Consumer not accept the delivery of an order, the Consumer must pay the Seller the full amount of the order as lump-sum compensation, notwithstanding the fact that storage is limited to ninety (90) days. Advances already received will be used by the Seller for the aforementioned compensation. The Parties agree that production will also be understood as the acquisition of raw and/or other materials that are not often used by the Seller.
Article 9 – The Consumer’s Right of Withdrawal
The Consumer has the right to inform the Seller that it is revoking the purchase without payment of a penalty and without substantiation being required, within fourteen (14) calendar days following the day of delivery.
The Consumer must exercise its Right of Withdrawal quickly and correctly by completing the form available for this purpose on the Online Shop.
This Right of Withdrawal will, however, only be effective if the Consumer notified the Seller unambiguously of its wish to cancel the Contract using the form referred to above, within fourteen (14) calendar days counting from the date on which the Product was delivered. The above is also governed by the condition that the Consumer returns the Product to the Seller at Hille 174, 8750 Zwevezele, Belgium, within the same fourteen-day period.
Where applicable, the Seller will reimburse the amount paid by the Consumer for the purchase of the Products (excluding the cost of transport or any duties and taxes borne by the Consumer) within a period of fourteen (14) days counting from the day on which the Seller became aware of the Consumer’s withdrawal (in the manner described above). The period of fourteen (14) days does not apply if the Seller has not yet received the Products. This means that the fourteen-day period will be extended by a specific period until the Seller has actually been able to take delivery of the Products. The refund will be paid to the bank account indicated by the Consumer on the Right of Withdrawal form.
If the Consumer wishes to exercise its Right of Withdrawal, it may only unpack or use the Products insofar as this is reasonably necessary to assess the Products for their conformity with the Contract. Products must be returned with their original packaging, with all the accessories supplied, and in their original condition. The Seller will only reimburse the amounts paid by the Consumer upon receipt of the Products in the aforementioned condition. Products that were allegedly not in this condition upon their receipt by the Seller can never be the subject of the Right of Withdrawal and cannot be the subject of any (full or partial) refund for this reason.
In the event that the Consumer exercises its Right of Withdrawal, it will return all the merchandise to the Seller by all means and at its own risk. The costs of returning the Products will be borne fully by the Consumer. Shipments to be paid by the Seller will be refused.
Article 10 – Warranty
The Seller warrants (i) that the Products will conform to the specifications set out in the order confirmation at the time of delivery, taking into account the usual deviations in accordance with the applicable and generally accepted European Standards with associated tolerances and customary usages in relation to the Products.
(ii) that a general warranty for a period of ten (10) years is granted (the “Warranties”), provided that the Consumer complies with the obligations set out below. The Consumer guarantees that its customer and the end-user will comply with the conditions of Article 10 in the event of resale. The Consumer fully indemnifies the Seller against any claims that may arise due to a failure to comply with the provisions of Article 10.
10.1. Conditions governing the applicability of the Warranties
The Warranties will only apply to the extent that the Products or any component thereof:
1. Are always transported and stored in the original packaging under the conditions as indicated by the Seller (i.e. covered and in a safe location, at minimum temperature, at maximum humidity level, in a neutral atmosphere, etc.) or in the absence thereof, at least in conditions consistent with generally accepted practice for this type of Product;
2. Are handled in accordance with the Seller’s instructions and guidelines at all times, or, in the absence thereof, at least with the care and caution generally accepted for this type of Product;
3. Are stored, installed, and maintained in accordance with the instructions and guidelines (including the Product brochures in the catalogue) of the Seller, or, in the absence thereof, with at least the same care and diligence as commonly accepted for this type of Product in order to avoid damage to the Products and/or to immediately identify and report any irregularities;
4. Have not been subject to incorrect storage prior to the processing or placement of the Products or to any non-permitted adjustment, modifications, or repairs or corresponding attempts;
5. Have been “used in a regular manner” for the intended purpose at all times and have not been used, misused, damaged, or incorrectly used in any way whatsoever. For these purposes, “used in a regular manner” will mean regular, ordinary, and routine usage of the Product in question as intended and/or recommended by the Seller;
6. Have always been maintained in accordance with the Seller’s instructions or, in the absence thereof, at least at regular intervals and in a manner consistent with generally accepted practice for this type of Product;
7. More specifically, the Consumer, and in the event of resale, its customer and end-user, are required to take the following actions (with due observance of all rules on sound craftsmanship and all safety and precautionary measures when carrying out the instructions below):
a. To remove any protective film within one (1) month of the delivery with respect to Products with a protective film;
b. To store the Products in the following manner: the Products must be stored in a dry place (below a canopy or a tarpaulin), no water may remain between the Products, the storage location must be sufficiently ventilated, and the Products may not be stored for longer than one (1) month after the delivery.
c. When cutting edges are not coated or when corrosion takes place, to immediately retouch them using materials and in accordance with the methods set out by the Seller; and
d. To check the Products and cladding of the building regularly, at least once a year; and
e. To regularly clean and touch up the Products where necessary to comply with the guidelines and instructions of the Seller or, in the absence thereof, in the manner and with the same care and diligence as generally accepted for this type of Product.
8. In no event will the Seller be liable for any defect, shortage, loss, or damage to the Products or any component thereof which arises as a consequence of (i) the failure to comply with the conditions set out in Article 10.1., or (ii) condensation, mould, or any stains attributable to the storage and/or maintenance and/or placement not in accordance with the guidelines and instructions of the Seller or, in the absence thereof, in accordance with generally accepted practices for this type of Product, or (iii) the corrosion of cutting edges which were not coated or corrosion or peeling as a result of a reaction of the Products and/or of the Products getting covered by corrosive substances and fumes containing acids, bases or detergents or by abrasive substances, or (iv) wear and tear, or (v) conditions that may accelerate the process of corrosion of steel, such as but not limited to climatological conditions such as exposure to extreme temperatures, or salt and/or sand, or other effects resulting from causes within the building, or as a result of the presence of contaminating substances or of abnormal atmospheric pollution or contact with aggressive fumes or chemicals, the emission of harmful gasses, vapours, or chemicals from natural or artificial sources at or within 500 metres from the location where the Products have been placed, or (vi) the accumulation of dirt, or creation of puddles on roofs and/or insufficient close covers due to which water and other contaminating substances are trapped, or (vii) the placement of other Products and accessories (including but not limited to) solar panels or any other activity which leads to an additional burden on the Products of the Seller, except for the use and application of the Products recommended by the Seller for this purpose in its Product Range in accordance with the product brochures of the Seller.
10.2 Colours and shades of colour
Unless specifically agreed in writing, the Seller does not guarantee the uniformity of the colours and shades of colour. If the aforementioned stipulation is agreed on, said uniformity will be judged in accordance with local practices in force in the sector at that time and will only apply to all Products or any part confirmed as such by the Seller and ordered by the Consumer in a single order (from the same batch of steel). Colour charts and/or colour photos of Products in the Seller’s catalogue, prospectuses, and other canvassing materials are intended for advertising purposes only and may deviate from the actual colours and shades of colour delivered.
10.3 Remedies under the Warranties
10.3.1. If the Seller acknowledges that the delivered Product or any part thereof does not comply with the Warranties with respect to any Products that have not yet been processed or installed, the Seller will, at its own expense and at its discretion, either: (i) repair, correct, or modify the Product or the component concerned; or (ii) replace the Product or component(s) thereof, or (iii) refund their price, or (iv) in the event that the price has not yet been paid in full or has only been paid partially by the Consumer, reduce the price, or (v) dissolve the Contract with restitution of the corresponding purchase price.
A replacement component will be at least a functional equivalent of the original component. The replaced Product and/or component(s) will become the property of the Seller and will, at the request of the Seller, be returned to the Seller by the Buyer at the Seller’s risk and expense.
10.3.2. Repair of the installed and processed Products and/or components under the Warranties will cover the cost of material and labour. However, this will not extend the original duration of the Warranties. The replacement of the installed and processed Products and/or components under the Warranties does cover the cost of material and labour but does extend the original duration of the Warranties.
10.3.3. Return of defective Product or components to the Seller and back to the Buyer:
a. In no event will the Consumer return a defective Product or any component thereof to the Seller without the Seller’s prior written approval.
b. Prior to the return of any defective Product or part thereof to the Seller, the Seller will, in consultation with the Consumer, determine whether the repair or replacement of the defective Product will be carried out at the location where the Product is installed or on the Seller’s premises or at a third party designated by the Seller.
c. The costs of the packaging, transport, and insurance concerning the shipping of the alleged defective Product or part thereof to the Seller for repair or replacement will be borne by the Consumer if it becomes clear that no repair or replacement was necessary. These costs will be borne by the Seller if it is established that essential repairs or replacements were required.
10.3.4.The remedies set forth in Article 10.3.1 will constitute the sole and exclusive options for the Consumer and be the sole and exclusive liability of the Seller regarding the Warranties for which it is responsible, which remedies will never exceed the applicable sales price of the Product to be replaced, which means that any compensation for any resulting damage is excluded.
The remedies set forth in Article 10.3.2 will only entitle the Consumer to additional compensation for the costs for placement or removal against market rates if it is established that the defect did not exist and could not be discovered prior to the assembly or installation of the Product and subject to the condition that the Consumer complied with its obligation to limit damages and strictly followed all assembly/installation procedures and subject to the express condition that compensation for any derivative damage is excluded.
The Warranties set out in these conditions do not apply with respect to the Products bought by the Consumer in the state known to the Consumer with visible defects and deformities and/or for Products that are specifically marked as “non-prime” or any other equivalent, and sold as such.
10.4. Any technical advice given by the Seller before and/or during the use of the Products, either verbally or in writing, will be given in good faith based on the current state of scientific knowledge. The advice does in no way releases the Buyer from its obligation to assess the Products delivered by the Seller for their suitability for the intended processes and/or application(s) and to use them exclusively for these purposes. The use and processing of the Products for a specific application thus take place subject to the exclusive responsibility of the Consumer.
Article 11 – Complaints
11.1. Visible defects
The Consumer will inspect the Products at the time of collection or delivery, including with respect to their quantity, dimensions, weight, and conformity with the data listed on the order confirmation/shipping note, and will notify the Seller of any visible damage of the Products by means of a written complaint within seventy-two (72) hours.
In the event that the Products are transported at the expense and/or risk of the Consumer, the Consumer must send a substantiated and detailed complaint to the Seller by registered mail and, in the event of transport by CMR, to the carrier for any loss of and/or transport damage to the Products.
Contested Products must be made available to the Seller at no cost to enable the Seller to carry out a cross-inspection (either judicial or extrajudicial), and they can only be returned to the Seller with the Seller’s prior written permission.
11.2. Hidden shortcomings
The Seller must be notified of any repair or replacement claims based on the Warranties set out in Article 10 in writing within eight (8) days from the date on which the defect or shortcoming was discovered or noticed or could have been noticed for the first time.
Article 12 – Force majeure
No party will be liable vis-à-vis the other party for any default or delay in the performance of any of its obligations as a result of a situation of force majeure, such as but not limited to fire, explosion, strikes, riots, civil or international war, invasion, epidemics, government actions, storms, earthquakes, refusal by the authorities to grant import/export permits, or the revocation thereof, the inability to obtain the Products and/or the raw materials and/or parts in a timely manner and/or in sufficient quantities because of force majeure at third parties, or any other cause beyond the reasonable control of the other party. Force majeure is excluded with respect to payment obligations.
The Parties must immediately inform each other if a situation of forces majeure occurs.
If the Parties are confronted with a situation of force majeure, the performance of their contractual obligations will be suspended for as long as the force majeure situation persists by operation of law.
If the force majeure situation lasts for more than one month, the Seller has the right to terminate the agreement unilaterally, at no cost, and with immediate effect.
Article 13 – Liability
Except in the case of gross negligence or deliberate intent of the Seller, the Seller’s liability is expressly limited to (i) compensation for foreseeable, personal, and direct damage to the Consumer and (ii) the amount that the insurer of the Seller will pay, where relevant, or (in the event of non-payment) the invoiced amount related to the delivery or service from which the liability arises.
The liability of the Seller concerning all indirect or consequential damage is excluded.
The Seller will only be liable for possible damage as a result of late delivery if an intentional error, a gross error, or fraud attributable to the Seller or its employees and/or agents can be proven.
Use of the Online Shop
The Seller cannot be held responsible for any damage suffered by the Consumer while visiting the Online Shop in the event of malfunctions, interruptions, or errors in the electronic provision of the Online Shop or in the event of inability to access the online shop.
The Seller will make every reasonable effort to ensure that the information entrusted to it is correct at the time of inclusion in its files. However, these files may contain incomplete, inaccurate, or outdated information.
The Seller reserves the right to delete data submitted by users from its Online Shop if these data do not comply with the Online Shop’s purposes.
The Seller cannot be held responsible for Internet fraud by third parties. We always advise you to contact us in the event of any doubts about promotions, special offers and/or other transactions. All the contact details and options for contacting us can be found on our online shop in the “Contact us” section.
Article 14 – Privacy
Article 15 – Intellectual property
The information on the Seller’s online shop may only be downloaded for informative and private purposes. Any other use is prohibited.
Unless explicitly agreed otherwise in writing by the Seller, the Consumer will never disclose any confidential information or information owned or controlled by the Seller to the public or any third parties.
All patents, trademarks, copyrights and/or any other intellectual property rights and/or any property or confidential information regarding the Products will remain the property of the Seller or its licensor. The Consumer may not derive any rights whatsoever from the patent, the license, or any other intellectual property right belonging to or held by the Seller. The presentation, reproduction, dissemination, sale, distribution, publication, adaptation, and use for commercial purposes in any way, whether in whole or in part, as well as the electronic storage or use for illegal purposes, is prohibited without the prior written permission of the Seller or the rightful owners, except in order to identify the Products or services.
Article 16 – Divisibility
The possible partial invalidity, nullity, viability, or unenforceability of one or more provisions of these general terms and conditions does not affect the validity, viability, and enforceability of the other provisions. Where appropriate, the Parties undertake to replace the relevant provision with a valid, viable, and enforceable clause which corresponds to the original purpose of the relevant provision as closely as possible.
Article 17 – No waiver
The fact that one of the Parties does not demand compliance with a provision of these general terms and conditions in a given circumstance can in no way be interpreted as a future waiver.
Article 18 – Complaints procedure and disputes
In the event of complaints regarding the Seller’s products or services, the Consumer can contact the Seller at:
Tel. Customer Service: +32 (0)51 610777
All the contact details can be found on our Online Shop in the “Contact us” section.
If the complaint cannot be resolved, the Consumer can always contact the Consumentenombudsdienst for an extrajudicial settlement of consumer disputes.
North Gate II
Koning Albert II-laan 8
1000 Brussels (Belgium)
Tel no.: +32 (0)2 702 52 00
Fax: +32 (0)2 808 71 29
Email address: contact@Consumentenombudsdienst.be
The European Union has also made an Online Dispute Resolution platform available for complaints about online purchases:
These general sales conditions are governed by the laws of Belgium, with the exclusion of the provisions of private international law and the Vienna Convention (UN Convention on Contracts for the International Sale of Goods). Only the Courts of Ghent, Bruges division, will be competent in case of any disputes.
Article 19 – Livechat
I understand/acknowledge that the controller of my personal data is Joris Ide NV with its registered office in Hille 174, 8750 Zwevezele - Belgium. I understand/acknowledge that my personal data shall be processed and transmitted in accordance with the General Data Protection Regulation (GDPR).
I understand/acknowledge that the controller of my personal data is Joris Ide NV with its registered office in Hille 174, 8750 Zwevezele - Belgium. I understand/acknowledge that my personal data shall be processed and transmitted in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation - GDPR).
I agree for my personal data, provided via chat, to be processed by Joris Ide NV for the purposes of providing support via chat. I agree for my personal data to be processed for the time [e.g. needed to carry out the service]. I understand that the consent may be revoked by sending an email at: email@example.com.
I acknowledge that I have been informed about the rights I have, in particular the right to access my personal data, to rectify and delete them, the right to limit the processing, transferring, and to demand the temporary or permanent suspension of the processing, as well as withdrawal of consent for processing and filing a complaint to the supervisory body.
I agree to transfer my personal data by the data controller to affiliated companies and other entities whose services are used by the data controller while doing business.