Terms and Conditions
Terms and Conditions of Hermacon BV, located at Lerenveld 33, 2547 Lint. Version valid from 01/12/2025.
1. GENERAL
1.1 These terms and conditions apply to all offers from www.hermacon.be. The conditions are accessible to everyone and included on the website of Hermacon BV.
Upon request, we will send you a written copy.
1.2 By placing an order, you indicate that you agree to the delivery and payment conditions. Hermacon BV reserves the right to modify its delivery and/or payment conditions after the expiration of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Hermacon BV.
1.4 Hermacon BV guarantees that the delivered product corresponds to the agreement and meets the specifications stated in the offer.
2. PRICES
2.1 Prices will not be increased within the validity period of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
2.2 All prices on the site are in Euros and include 21% VAT and exclude shipping costs, unless otherwise stated or agreed in writing.
3. DELIVERY
3.1 Delivery takes place while stocks last.
3.2 Within the framework of distance selling rules, Hermacon BV will execute orders within at least 30 days. If this is not possible (because the ordered item is not in stock or no longer available), or there is delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive notification within 1 month after placing the order and has the right to cancel the order without costs and notice of default.
3.3 Hermacon BV’s delivery obligation will, unless proven otherwise, be fulfilled as soon as the goods delivered by Hermacon BV have been offered to the customer once. For home delivery, the carrier’s report containing the refusal of acceptance serves as full proof of the offer to deliver. Hermacon BV is not liable for delays, loss or damage due to the transport company.
3.4 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the mentioned terms.
3.5 You are obliged to inspect the delivered goods upon receipt. If the delivered goods do not conform to the agreement (incorrectly or insufficiently delivered, and/or with an error or damage), you must report this immediately after delivery of the goods in writing to Hermacon BV. You must then immediately return an incorrectly delivered or damaged good to us after receipt, stating the defect.
4. RETURN SHIPMENT
4.1. Belgian law on commercial practices and consumer information and protection of July 14, 1991, allows the purchaser to inform the seller within 7 working days after receipt of the product that he/she withdraws from the purchase. You can therefore return the product within 7 working days after receipt of delivery. Please give us advance notice. To serve you even better in the future, we would like to know the reason for return.
4.2. The goods must be unused and complete and in original packaging, returned within an acceptable period after notification (e.g., 3 working days). After a brief verification of the returned items, we will refund your order or exchange it free of charge for another item or different size.
4.3. Items purchased online must be returned to the following address: Hermacon BV, Lerenveld 33 2547 Lint – Belgium. When returning goods, we advise you to send them by registered mail. Unfortunately, Hermacon BV cannot accept liability for loss or damage of goods during return, so it is in your own interest to return the goods by registered mail.
4.4. You will pay the shipping costs to return the product(s).
5. DATA MANAGEMENT
5.1 If you place an order with Hermacon BV, your data will be included in Hermacon BV’s customer database. Hermacon BV complies with the Personal Data Protection Act and will not provide your data to third parties. See our Privacy Policy.
5.2 Hermacon BV respects the privacy of website users and ensures confidential treatment of your personal data.
5.3 Hermacon BV sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. WARRANTY AND CONFORMITY
6.1 Hermacon BV guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement.
6.2 A warranty arrangement offered by Hermacon BV does not affect the rights and claims that the consumer can assert against the entrepreneur based on law and/or the distance contract regarding a shortcoming in the performance of the entrepreneur’s obligations.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before proceeding to return to Hermacon BV) immediately report these defects in writing to Hermacon BV. Any defects or incorrectly delivered goods can be reported in writing to Hermacon BV at most up to 1 month after delivery. Return of the goods must be done in original packaging (including accessories and accompanying documentation) and in new condition. Use after detection of defects, damage arising after detection of defects, encumbrance and/or resale after detection of defects, causes this right to complain and return to lapse entirely.
6.4 If customer complaints are found justified by Hermacon BV, Hermacon BV will, at its choice, either replace the delivered goods free of charge or reach a written arrangement with the customer regarding compensation, with the understanding that Hermacon BV’s liability and therefore the amount of compensation is always limited to at most the invoice amount of the relevant goods, or (at Hermacon BV’s choice) to the maximum amount covered by Hermacon BV’s liability insurance in the relevant case. Any liability of Hermacon BV for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 This warranty does not apply if:
A) and as long as the customer is in default towards Hermacon BV;
B) the customer has repaired and/or processed the delivered goods themselves or had them repaired/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to Hermacon BV’s instructions and/or usage instructions on the packaging;
D) the defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
7. OFFERS
7.1 Offers are non-binding, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Hermacon BV reserves the right to revoke the offer or deviate from it within 3 working days after receipt of that acceptance.
7.3 Oral commitments only bind Hermacon BV after they have been expressly and written confirmed.
7.4 Offers from Hermacon BV do not automatically apply to repeat orders.
7.5 Hermacon BV cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, modifications and/or further agreements are only valid if agreed upon in writing.
8. AGREEMENT
8.1 An agreement between Hermacon BV and a customer is established after an order has been assessed for feasibility by Hermacon BV.
8.2 Hermacon BV reserves the right to refuse orders without stating reasons or to accept them only under the condition that shipment occurs cash on delivery or after advance payment.
9. IMAGES AND SPECIFICATIONS
9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colors, label images, etc. on Hermacon BV’s website are approximate only, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. FORCE MAJEURE
10.1 Hermacon BV is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure means any external cause, as well as any circumstance which reasonably should not be at its risk. Delays by or non-performance by our suppliers, internet disruptions, electricity disruptions, mail traffic disruptions and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Hermacon BV as well as by assistants, staff illness, defects in auxiliary or transport means are expressly considered force majeure.
10.3 In case of force majeure, Hermacon BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement wholly or partially, or to demand that the content of the agreement be modified in such a way that performance remains possible. In no case is Hermacon BV obliged to pay any penalty or compensation.
10.4 If Hermacon BV has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. LIABILITY
11.1 Hermacon BV is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging before use and/or consult our website.
12. RETENTION OF TITLE
12.1 Ownership of all goods sold and delivered by Hermacon BV to the customer remains with Hermacon BV as long as the customer has not satisfied Hermacon BV’s claims under the agreement or previous or subsequent similar agreements, as long as the customer has not paid for work performed or to be performed under these or similar agreements, and as long as the customer has not satisfied Hermacon BV’s claims due to shortcomings in the performance of such obligations, including claims for penalties, interest and costs, all as referred to in Article 3:92 of the Civil Code.
12.2 The goods delivered by Hermacon BV which fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
12.4 The customer hereby gives unconditional and irrevocable permission to Hermacon BV or a third party to be appointed by Hermacon BV to enter, in all cases where Hermacon BV wishes to exercise its ownership rights, all places where its property will then be located and to take those goods with them.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Hermacon BV of this as quickly as can reasonably be expected.
12.6 The customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection to Hermacon BV upon first request.
13. APPLICABLE LAW/COMPETENT COURT
13.1 Belgian law applies to all agreements.
13.2 Disputes arising from an agreement between Hermacon BV and the buyer, which cannot be resolved through mutual consultation, shall be heard by the competent court within the Antwerp district, unless Hermacon BV prefers to submit the dispute to the competent court of the buyer’s place of residence, and with the exception of those disputes that fall within the competence of the magistrate’s court.
14. PAYMENTS
14.1 Payments by bank transfer must be made within 5 calendar days. The day of order counts as the first calendar day. Upon written request from the customer, the term can be extended by a maximum of 3 calendar days. The respective 5 or 8 days serve as a reservation of the goods; after expiration of this period without receipt of payment, Hermacon BV has the right to offer the products for sale again or to sell them.
