General Conditions

Resus General Conditions of Online and Offline Sale 

_{1. These general conditions apply at all times to all of Resus's business relationships to the exclusion of all other general or special conditions issued by the customer, unless expressly stipulated otherwise in writing.}

Making of the Agreement

_{2. The customer and Resus expressly agree that a valid agreement may be established through the use of electronic means of communication. The agreement is deemed to be established after Resus accepts the order placed by the customer or after Resus has begun to fill the order.}

_{3. Resus reserves the right to refuse orders in the following cases:}

• _{The product is not in stock or no longer available}
• _{The products are found to have an invalid presentation}
• _{Strong suspicion of abuse of the law or lack of good faith on the part of the customer}
• _{Force majeure}

Delivery

^{4.  All delivery and other periods are always approximate and do not incur any obligation on the part of Resus. Non-compliance with such periods shall never lead to the awarding of damages or cancellation of the agreement.}

^{5.   Resus products and services are delivered to consumers in the countries of the European Union (EU), the European Economic Area (EEA) and Switzerland. The following delivery rates shall be charged:}

• ^{Belgium: €15}
• ^{Netherlands, France, Germany, Luxembourg: €25}
• ^{All other countries: €35}

^{The price of deliveries to businesses shall be listed separately in the offer to the customer.}

^{6. Deliveries shall be made to the address given by the customer. Incorrect delivery addresses are the responsibility of the customer and may lead to additional charges.}

^{7. As soon as the products are delivered to the specified delivery address, the risk associated with the delivered products is transferred to the customer.}

^{8. In the event that the goods are not delivered, any payments made by the customer shall be refunded without interest or any other compensation.}

Prices and Payment

^{9. The total price is given in the order confirmation and includes VAT. The product and price information, as well as the detailed order information, are drawn up and communicated subject to changes and corrections.}

Payment options

^{Online: Payment must be made using one of the options given at the webshop.}

^{Offline: Payment may only be made through a transfer to our bank account, BE27 1431 1495 1973.}

^{Should a breach of contract, bankruptcy or customer insolvency occur, Resus may, automatically and without notice, consider the agreement as annulled by way of registered letter; it may also apply a set-off between all reciprocal established claims with the customer, regardless of when the claims in question fall due, in compliance with the provisions of Article 14 of the Financial Guarantee Act of 15 December 2004.}

^{10. In the event of an annulment or termination of the agreement at the customer's expense, with the exception of consumers, a flat-rate compensation of 25% of the contract price shall be payable to Resus, minus the compensation of the actual damage from Resus.}

^{11. All delivered products and work performed remain under the full ownership of Resus until the contract price is paid in full. Any risk of damage or loss of the goods shall be at the customer's expense.}

^{12. All invoices issued by Resus are payable to the head office of Resus, net without discount, unless a different due date is specified on the invoice. For each invoice that is not paid by the due date, a contractual late payment interest shall be charged equal to the interest rate based on the Act of 2 August 2002 on combating late payments in business transactions and a flat-rate compensation of 10% with a minimum of €50 per invoice.} 

Late payment of an invoice shall result in all outstanding invoices becoming due.

^{13. The customer waives its right to invoke postponement of its payment obligations on any grounds whatsoever.}

Warranty - Liability

^{14. The customer benefits from a warranty in the event of visible defects and incorrect delivery on condition that these are notified within the three days after delivery.}

^{15. The customer benefits from a warranty against hidden defects under the following conditions:}

• ^{full and timely payment of the price}
• ^{notification via signed letter within 24 hours (or 2 months for consumers) after the defect was discovered or should reasonably have been discovered. After this time, any right to a repair or replacement shall expire.}

^{With regard to consumers, it is agreed that during the first six months, the defect is considered to exist at the time of delivery. In all other cases, the consumer must prove that the non-conformity already existed at the time of delivery.}

^{16. The warranty is limited to a free replacement of the defective parts and shall apply only during the first six months after delivery. With regard to consumers, this period is extended to two years subject to submission of proof that the defect was already present at the time of delivery. In any event, the liability of Resus of any nature whatsoever, including liability for product safety, is always limited to the amounts for which Resus is insured, with the exception of consequential loss. The liability of Resus is in all cases limited to the amount on the invoice. The buyer shall indemnify Resus for claims which exceed the aforementioned liability limit.}

^{The warranty shall expire in the event that repairs or replacements are not made by Resus, unless prior written consent is given by Resus.}

^{Any claim made by the customer against Resus for damages shall expire automatically if the case is not brought before the competent court for a period of three years after the events on which the claim is based were known by the customer or could reasonably have been known.}

Right of Withdrawal for Purchases Through the Webshop

^{17. This provision applies exclusively to remote sales made to consumers. As a consumer, one has the right to withdraw the purchase within a period of 14 days from the day after the product has entered into one's physical possession, without giving a reason and without paying any costs other than those provided for by law. To exercise this right, a consumer must inform us of his/her decision in an unambiguous manner. To this end, the consumer may use the standard purchase withdrawal form available on the website, but is not obliged to do so. It is sufficient to send a withdrawal claim before the period has expired.}

^{18. Immediately, and no later than 14 days after we become aware of the consumer's decision, we shall refund the price paid, including delivery costs (with the exception of extra delivery costs, if the consumer did not choose the cheapest standard delivery method) through the same means of payment the customer used. We may withhold the refund until we have received the products or the consumer has proven that the products were returned, whichever event occurs first.}

^{19. The consumer must immediately send the product back, and in any case within the 14 days following the day on which the consumer made his/her decision, to Resus Industries, Kleine Monnikenwerve 9, 8000 Bruges. The costs and risk for sending the product back must be borne by the consumer, who must also prove that the right to withdraw the purchase should be exercised in a correct and timely manner. The product shall be sent back in its original condition and packaging along with all delivered accessories.}

^{20. The consumer may only unpack or use the goods to the extent that this must be done in order to determine the nature, characteristics and good working order of the product. The consumer shall only examine the product if he/she does so in a shop. If the consumer proceeds to assemble or install the product, he/she waives his/her right to withdraw the purchase. The consumer is liable for the reduction in value of a product which results from product handling that goes beyond what is permitted above. The reduction in value may be deducted from the refund.}

Personal Information – Privacy

^{21. When an agreement is made with Resus, the customer gives his/her unambiguous consent for all of the personal information obtained from him/her to be entered in a file and used for the administration of customer data, the management of orders, deliveries and invoices, and for marketing and advertising purposes. The customer has the right at any time to inspect and modify all personal information as well as the right to oppose the use of this information for direct marketing purposes.}

Intellectual Property

^{22. All designs, studies, drawings, presentations, working methods, and generally all media in which our intellectual services appear or are contained, shall remain our property at all times. The customer acknowledges that all rights therein belong to Resus exclusively and that it cannot claim any right to monies in that respect. The customer acknowledges that the aforementioned items, as well as the related know-how, methods and developed software, are the exclusive property of Resus and may be considered as eligible for protection under intellectual property law.}

^{23. All trademarks, trade names, logos and products used are protected and may not be used without the prior written consent of Resus. All signs, illustrations, pictures and emblems are and shall remain the exclusive property of Resus. The reproduction thereof, in whole or in part, for any reason whatsoever is strictly prohibited.}

Severability Clause

^{24. If one of these conditions is declared null and void or does not apply, the remaining provisions shall nevertheless continue to be in full force.}

Forum Clause – Applicable Law

^{25. Only Belgian law shall govern all contracts made with Resus and deliveries and work done by Resus. All disputes fall under the exclusive jurisdiction of the courts with authority over the head office of Resus.}

Contact Information:

^{26. Customers with any questions and/or complaints may contact Resus via e-mail at info@resus.eu or by using the complaint form on the website.}

^{27. Under European law, consumers may file additional complaints through the procedure available via the website http://ec.europa.eu/consumers/odr/.}