Terms and Conditions

These general terms and conditions contain a common section (applicable to every customer) and two separate sections: one specifically for consumers (Section A) and one specifically for professional customers/resellers (Section B). In the event of a conflict between the common section and a section, the provision of the applicable section shall prevail.

Article 1 - Definitions

Consumer: the natural person who purchases goods from SODEAL exclusively for non-professional purposes;

Professional customer: any natural or legal person acting in the course of their professional or business activities, including resellers;

Customer: the consumer or the professional customer, jointly or individually;

SODEAL: SODEAL Solutions BV, with its registered office at Kluizendorpstraat 25, 9940 Evergem, Belgium;

Product(s): the fastening material offered by SODEAL, particularly for wall mounting;

Technical data sheet: the document for each product containing at least the maximum permitted load-bearing capacity, the suitable surfaces, and the assembly instructions;

Distance agreement: an agreement concluded through SODEAL's webshop without the simultaneous physical presence of the parties;

Right of withdrawal: the consumer's right to withdraw from the purchase within the statutory withdrawal period, without giving a reason;

Durable medium: any means that allows the customer to store information addressed to them for the purpose of consulting it later.

Article 2 - Identity of the company

SODEAL Solutions BV

Kluizendorpstraat 25 - 9940 Evergem, Belgium

Telephone: +32 476 79 15 22

Email: hello@sodealsolutions.com

Website: www.sodealsolutions.com

VAT identification number: BE 0649.864.762

Supervisory authority: FPS Economy, SMEs, Self-Employed and Energy.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from SODEAL and to every agreement between SODEAL and a customer, regardless of whether the customer is a consumer or a professional customer.

2. For professional customers, the following also applies: the professional customer's own purchasing or other terms and conditions are expressly excluded, unless SODEAL accepts them in writing and in advance.

3. The text of these general terms and conditions shall be made available electronically before the agreement is concluded in a manner that allows it to be stored on a durable medium.

4. If any provision of these terms and conditions proves to be null or unenforceable, the remaining provisions shall remain fully in force. The parties shall replace the invalid provision by mutual agreement with a valid provision that comes as close as possible to the original intention.

Article 4 - The offer and product information

1. The offer contains an accurate and complete description of the products offered, including the price, any delivery costs, and the main features. Obvious mistakes or errors in the offer do not bind SODEAL.

2. Images are a faithful representation of the products; color variations due to screen display cannot be excluded and do not give rise to liability on the part of SODEAL.

3. Each product is offered with, or accompanied by, a technical data sheet specifying at least: the intended use (wall mounting), the maximum permissible load-bearing capacity, suitable surfaces and installation instructions.

Article 5 - Conclusion of the agreement

1. The agreement is concluded when the customer accepts the offer and meets the stated conditions.

2. SODEAL promptly confirms receipt of an electronic order by electronic means.

3. SODEAL takes appropriate technical and organizational measures to secure the electronic transmission of data and payment.

4. Within the limits of the law, SODEAL may refuse an order or make it subject to special conditions if there are legitimate reasons to believe that the customer will not fulfill their obligations.

5. Every agreement is entered into subject to the suspensive condition of sufficient availability of the ordered products.

 

Section A - Provisions specific to consumers

This section applies exclusively to customers acting in the capacity of consumers. It does not affect the mandatory provisions of Belgian consumer law (Book VI and Book IX of the Code of Economic Law).

Article 6 - Right of withdrawal

1. The consumer has the right to withdraw from the agreement without stating a reason within 14 calendar days of receiving the product.

2. During this period, the consumer must handle the product and packaging with care and must not test the product beyond what is necessary to assess its nature and functioning.

3. To exercise the right of withdrawal, the consumer must notify this within the applicable period using the model withdrawal form or an unequivocal statement, and return the product within 14 days of this notification.

4. The consumer bears the burden of proving timely return.

Article 7 - Costs in the event of withdrawal

1. The direct costs of returning the product are borne by the consumer, unless SODEAL has expressly stated otherwise or has failed to inform the consumer of this.

2. SODEAL will refund the full amount received within 14 days of the withdrawal, or - if earlier - after receiving the returned product or proof of return.

3. The consumer is liable for any reduction in the product's value resulting from use beyond what is necessary to establish the nature and functioning of the product.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal is excluded for:

• products manufactured to the consumer's specifications or clearly intended for a specific person;

• sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

• products that, by their nature, become irreversibly mixed with other items after delivery.

Article 9 – Statutory warranty for consumers

1. The statutory conformity warranty provided for in the Code of Economic Law applies to every product: the consumer is entitled to a conforming product and, in the event of a defect becoming apparent, may claim repair, replacement, a price reduction or termination of the contract, in accordance with the statutory conditions and time limits.

2. This statutory warranty applies without prejudice to the provisions of Article 12 (Liability) concerning misuse, incorrect assembly or exceeding the stated load capacity.

3. Any additional commercial warranty provided by SODEAL does not affect the consumer's statutory rights.

 

Section B — Provisions specific to professional customers / resellers

This section applies to customers who do not have consumer status, including resellers. The statutory right of withdrawal for consumers does not apply to these customers.

Article 10 – Special provisions for resellers

1. A reseller is required to provide the end user with the technical data sheet for each product — including the maximum permissible load capacity, suitable surfaces and assembly instructions — unchanged and in full, either with the product or through the reseller's own sales channels.

2. The reseller indemnifies SODEAL against third-party claims resulting from failure to communicate this information, or communicating it incompletely or incorrectly, to the end user.

3. The reseller may not make its own claims about the properties, applications or load capacity of the products that differ from those set out in the technical data sheet provided by SODEAL.

Article 11 – Warranty towards professional customers

1. SODEAL warrants that the delivered products are free from material and manufacturing defects at the time of delivery.

2. This warranty does not cover defects resulting from normal wear and tear, misuse, incorrect assembly, assembly on an unsuitable surface, exceeding the stated load capacity, or use for a purpose for which the product is not intended.

3. Complaints about visible defects must be reported in writing within 8 calendar days of delivery, failing which the delivery shall be deemed to have been accepted.

 

Common provisions (consumers and professional customers)

Article 12 – Price

1. All stated prices include VAT for consumers and exclude VAT for professional customers, unless otherwise stated.

2. Prices are subject to printing and typesetting errors; SODEAL is not obliged to supply a product at an evidently incorrect price.

3. Price changes resulting from statutory measures (e.g. VAT rates) may be implemented at any time.

Article 13 – Delivery, performance and transfer of risk

1. SODEAL processes orders with due care and within a reasonable period, in principle within 30 days, unless otherwise agreed.

2. The stated delivery times are indicative. Exceeding them does not entitle the customer to compensation, except in cases of intent or gross negligence by SODEAL.

For consumers: the risk of damage to or loss of the product remains with SODEAL until delivery to the consumer.

For professional customers: the risk passes to the professional customer when the product is handed over to the first carrier, unless expressly agreed otherwise.

Article 14 – Liability

When importing products from outside the European Union, SODEAL acts as the party responsible within the EU for product safety, in accordance with the applicable product safety and product liability legislation.

14.1 Towards consumers

1. Nothing in these terms and conditions limits or excludes SODEAL's liability for damage caused by death or personal injury resulting from a defective product, nor for any other liability that cannot be limited or excluded under mandatory law.

2. For other damage, SODEAL's liability is limited to compensation for foreseeable, direct damage, up to a maximum equal to the purchase price of the product concerned, except in cases of intent or gross negligence by SODEAL.

3. SODEAL is not liable for damage resulting from improper use, incorrect assembly, assembly on an unsuitable surface, exceeding the stated load capacity, or use for a purpose for which the product is not intended (see Article 4).

14.2 Towards professional customers

1. SODEAL's total liability towards a professional customer, on any grounds whatsoever, is limited to the invoice amount of the order that gave rise to the damage, except in cases of intent, gross negligence, or liability that cannot be limited under mandatory law (including product liability for death or personal injury).

2. SODEAL is not liable for indirect or consequential damage, including but not limited to loss of profit, loss of revenue, reputational damage, or damage arising from claims by third parties or end users of the professional customer, except in the cases referred to in the previous paragraph.

3. The limitations in this article do not affect Article 10 (special provisions for resellers).

Article 15 – Payment and invoicing

1. Unless otherwise agreed, payment must be made before delivery, within the period stated on the order.

2. Business invoices are issued only for orders with a valid VAT number.

3. In the event of late payment by a professional customer, default interest shall be payable by operation of law and without formal notice in accordance with the Late Payment Act, without prejudice to SODEAL's right to reasonable fixed compensation for damages.

Article 16 – Complaints procedure and disputes

1. Complaints concerning the performance of the agreement must be reported as soon as possible, and no later than within a reasonable period after the defect has been identified, via hello@sodealsolutions.com.

2. SODEAL shall respond to complaints within 14 days or, within that period, provide an acknowledgement of receipt indicating the expected processing time.

Consumers may refer a complaint that is not settled amicably to the Consumer Ombudsman Service (www.consumentenombudsdienst.be) or the European ODR platform (https://ec.europa.eu/consumers/odr).

3. All agreements between SODEAL and a customer shall be governed exclusively by Belgian law. The Vienna Sales Convention is excluded.

For consumers this choice of law does not affect the mandatory consumer protection provisions of the country of the consumer's habitual residence, nor the consumer's right to bring an action before the court of their place of residence.

For professional customers only the courts of the judicial district of East Flanders, Ghent division, shall have jurisdiction.

Article 17 – Additional or deviating provisions

Additional or deviating provisions may not be to the detriment of the consumer and shall be recorded in writing or on a durable medium. These general terms and conditions may be amended by SODEAL; the version applicable at the time of ordering shall apply.

 

Model withdrawal form (for consumers only)

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

To: SODEAL Solutions BV, Kluizendorpstraat 25, 9940 Evergem, Belgium — hello@sodealsolutions.com — +32 476 79 15 22

I/We (*) hereby notify you that I/we (*) withdraw from our agreement concerning the sale of the following goods:

• Ordered on (DD-MM-YYYY):

• Order number:

• Received on (DD-MM-YYYY):

• Consumer name(s):

• Consumer address(es):

• IBAN account number:

• Signature (only when submitted on paper):

• Date (DD-MM-YYYY):

(*) Cross out what does not apply.