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Last updated: 2022.01.26
General Terms and Conditions BeBoomerang

1. Opposability of the general conditions

1.1 Without prejudice to the application of any special terms and conditions included in a separate written agreement, these general terms and conditions apply to any legal relationship (offer, quotation or agreement), whether or not established via the website www.beboomerang.com or www.beboomerang.be (or the webshop forming part thereof) between BeBoomerang with official name VAN AMMERS BV, with registered office at 2920 Kalmthout (Belgium), BRASSCHAATSTEENWEG 272 UNIT 1C, registered in the Crossroads Bank for Enterprises under number 0810.525.466, and its customer. In the event of contradiction between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall apply.

1.2 The customer accepts these general terms and conditions in their entirety, which implies that the customer completely waives the application of his

own general terms and conditions.

1.3 VAN AMMERS BV may amend or supplement these general terms and conditions at any time. VAN AMMERS BV will give notice of the amended version when sending the next invoice that is subject to the new terms and conditions. If the Client does not accept the amendment or addition, the Client must notify VAN AMMERS BV of this in writing within fourteen calendar days of the notification of the amendment or addition, failing which the Client will be deemed to have agreed to the amendment or addition.

1.4 By accessing and using VAN AMMERS BV's website/webshop, the customer also explicitly accepts the Terms of Use, the Privacy Statement and the Cookie Policy in their entirety.

2 Conclusion of agreement

2.1 Illustrations and descriptions of goods in documents made, sent or handed over by VAN AMMERS BV, whether via its website/webshop or otherwise, are purely indicative and not binding with regard to the performance of the goods to be actually delivered.

2.2 The sales agreement will only come into effect after the Client has accepted the price quotation and/or agreement by placing an order (whether or not via the website or webshop) and VAN AMMERS BV has confirmed the sale by e-mail in an invoice. The customer accepts that the (digital) order is equivalent to (i) a handwritten signature on the offer and (ii) an explicit reaffirmation of the applicability of these general terms and conditions.

2.3 If reservations or changes are made to an offer when it is accepted by you, the agreement will only come into effect after VAN AMMERS BV has notified you in writing that it agrees to these changes.

2.4 When placing the order, the price is calculated immediately (via the website or webshop).

2.5 All prices indicated are in principle in Euro, per item and exclusive of VAT.

2.6 VAN AMMERS BV's prices included in the offer and/or invoice are subject to increase as a result of changes to one or more price-determining factors, including - but not limited to - changed economic, tax and social circumstances, wage costs, freight prices, purchase prices, prices of materials and parts or exchange rates. If VAN AMMERS BV exercises this right to revise prices, it will inform you of this in writing as soon as possible.

3 Delivery

3.1 The proposed dates for delivery are not binding, but are merely indicative. In the event of an obvious delay in delivery, VAN AMMERS BV must be given written notice of default and given a one-month term to comply with its obligations after all. If no delivery has been made after this period, the client may terminate the sale by registered letter without judicial intervention. The customer explicitly waives any right to compensation.

3.2 When making deliveries, the customer must sign the delivery notes for receipt. The client expressly accepts that a digital signature is equivalent to your written signature on a document. Any visible defects must be reported to VAN AMMERS BV in writing within three working days, whereby the customer must describe the defects in detail. The use of the delivered goods implies their irrevocable acceptance.

3.3 The customer does not have the right to return the goods supplied by VAN AMMERS BV, unless VAN AMMERS BV gives its written consent and the goods in question are returned in accordance with the procedure determined by VAN AMMERS BV. The return of the goods is entirely at your expense. Following inspection, VAN AMMERS BV will issue a credit note for the amount of the goods delivered, less a minimum of -25% of the value of the goods, to compensate for processing costs. Under no circumstances does VAN AMMERS BV's acceptance of the return of the goods give any right to compensation.

4 Transfer of ownership and risk

4.1 Ownership of the sold goods will only be transferred to the customer until after the customer has paid in full all that is owed in consideration of the goods delivered or to be delivered by VAN AMMERS BV, including payment of the agreed price, costs, interest and any compensation. Nevertheless, the risk of the loss or destruction of the sold good will be borne entirely by the customer from the moment the sold good is delivered to it.

4.2 Furthermore, the goods are always transported at the client's sole risk, even if VAN AMMERS BV gives instructions to the carrier.

4.3 Until such time as ownership of the sold goods is actually transferred to the customer, the customer (i) is expressly prohibited from using the delivered goods as a means of payment, pledging them or encumbering them with any other security right; (ii) shall affix a sign to the delivered goods which clearly indicates that the delivered goods remain the property of VAN AMMERS BV. To the extent necessary, this clause will be deemed to be repeated for each delivery. The client undertakes to inform VAN AMMERS BV immediately by registered letter and with a copy by fax or e-mail, stating the identity of the distraining party, of any distraint which may have been imposed on the sold goods by a third party. The customer will reimburse the costs which VAN AMMERS BV may have to incur to protect or enforce its property rights in the goods.

5 Price and payment

5.1 The client will only receive the invoices digitally. If the client wishes to receive the invoices by post, VAN AMMERS BV reserves the right to charge a fee for this.

5.2 Unless otherwise agreed in writing, payment will always be made by transfer to a bank account designated by VAN AMMERS BV. Set-off by the customer is expressly excluded.

5.3 Invoices are payable 14 days after the invoice date, unless the invoice specifies an earlier due date.

5.4 In the event of late payment, the following shall be due ipso jure and without prior notice: (i) interest for delay equal to 10% from the day after the invoice's due date until payment in full, and (ii) compensation equal to 10% of the (unpaid) principal sum, with a minimum of € 100.00, in addition to any legal costs.

5.5 VAN AMMERS BV shall be entitled to allocate all payments made to it first to the interest and compensation due and then to the oldest outstanding invoice, regardless of any indication to the contrary.

5.6 The full or partial non-payment of a single invoice on its due date renders the balance due of all other outstanding invoices, even those not yet due, immediately payable.

5.7 VAN AMMERS BV is entitled to suspend the supply or further supply of its products, its services and/or access to the Webshop as soon as it has not received a payment owed by the client. Only from the date on which the payment is received later will the delivery, the services or access be made available again. In this case, VAN AMMERS BV is entitled to charge a fixed fee of at least €50 for the administrative costs involved, without prejudice to VAN AMMERS BV's right to claim a higher fee if it proves that the actual administrative costs are higher.

6 Indemnification against defects and liability

6.1 The client accepts and acknowledges that VAN AMMERS BV may also invoke against the client the exceptions, exonerations and limitations of guarantee which the manufacturer may invoke against VAN AMMERS BV.

6.2 VAN AMMERS BV is not liable for any damage which the customer suffers for any reason whatsoever, including through a shortcoming, negligence, mistake or serious error on the part of VAN AMMERS BV or one of its employees or suppliers. Furthermore, VAN AMMERS BV excludes all liability for any damage resulting from the incorrect use of the goods by the customer, his employees and/or third parties.

6.3 Likewise, VAN AMMERS BV shall in no event be liable, contractually or extra-contractually, for indirect damage, including (but not limited to) trading losses, consequential damage, standstill damage, economic losses, loss of profits, loss of savings, loss of clients, loss of contracts, loss of income, loss of time, loss of goodwill and loss of reputation.

6.4 VAN AMMERS BV's liability for defects in the delivered goods shall in any case be limited to repairing the defect in the good free of charge, or replacing it or a part of it with a product of the same value, at VAN AMMERS BV's discretion. In any event, the free repair or free replacement of a defective product will only take place if the defect occurs within a period of one week after the delivery, and in more than five percent of the number of purchased products, and any product that has been processed by the customer or a third party will not be replaced.

6.5 In no case shall defects in the delivered goods give rise to the payment of any monetary compensation.


7 Termination of the Agreement

7.1 Without prejudice to its right to demand the compulsory execution together with compensation for the damage suffered, VAN AMMERS BV is entitled to terminate the sales agreement(s) without any notice period or to suspend the execution thereof (i) in the event of the customer's bankruptcy, liquidation by court order or voluntary decision to actually cease trading or liquidate the customer or (ii) if the customer is guilty of a serious contractual breach of contract which has not been rectified within eight days of receipt of a registered notice of default relating to the breach of contract.relating to the breach of contract. The non-payment of one or more invoices on their due date shall always be considered a serious contractual default. In this case, a fixed and non-reducible compensation of 20% of the total amount of the orders that were in progress at the time of the termination of the agreement will be due.

7.2 In the event that the agreement is terminated, the client will pay for all services provided and goods supplied by VAN AMMERS BV, as well as the costs which VAN AMMERS BV must incur as a result of this termination. Any advance payment made will in any case remain acquired by VAN AMMERS BV.

8 Miscellaneous

8.1 VAN AMMERS BV is entitled to transfer its rights and obligations arising from the legal relationship with the client, as well as the ownership of its goods, to a third party. In the event of such a transfer, VAN AMMERS BV will notify the client in writing. The client is not entitled to transfer its contractual rights and obligations to a third party, except with VAN AMMERS BV's explicit prior written consent. Even in the event of a transfer with VAN AMMERS BV's approval, any subsequent transferor and the original client will continue to be jointly and severally bound to comply with the obligations included in the agreement with VAN AMMERS BV.

8.2 Force majeure situations, such as strikes, public unrest, administrative measures and other unexpected events beyond VAN AMMERS BV's control, shall release VAN AMMERS BV from its obligations for the duration of the nuisance and for their scope, without the Client being entitled to any price reduction or compensation.

8.3 If any provision of these General Terms and Conditions is invalid, the other provisions will remain fully in force and the parties will replace the invalid provision with another provision that approaches its purpose and purport as closely as possible.

8.4 The relations between the Parties shall be governed solely by Belgian law.

8.5 Any disputes will be exclusively submitted to the court where VAN AMMERS BV's registered office is located.