OMD commv general conditions, located at Geraardsbergen, Hoge Buizemont 242, Belgium. Version is valid starting from 24/04/2017.
1.1. These general conditions are applicable to all offers of OMD commv. The conditions are accessible to everyone and are included on the website of OMD commv. On request, we can send you a written copy.
1.2. By ordering, you acknowledge the terms of delivery and payment and you agree with them. OMD commv keeps the right to change these terms of delivery and payment after the expiring of the duration.
1.3. General conditions or contract terms from third parties aren’t acknowledged by OMD commv, except for a written agreement.
1.4. OMD commv guarantees the delivered product will meet the agreement and the specifications mentioned in the offer.
2.1. Delivery will take place as long as the stock is available.
2.2. In ruling with the law on distance selling, OMD commv will execute the orders at least within 30 days. When this is not possible (because out of stock or non-deliverable), or there is a delay caused by different reasons, or an order can’t be executed or only partially executed, the customer will receive a message within 1 month of ordering and in that case, he has the right to cancel the order without costs.
2.3. The obligation to deliver will be met by OMD commv, awaiting counter evidence, as soon as the delivered goods have been offered once to the customer. When delivered at home, the report of the transporter, accounting for the refusal to accept, will be evidence of the offer to deliver.
2.4. All the terms mentioned on the website are indicative. There can be no referral to these mentioned terms.
3. Payment facilities
3.1 Payment will occur on one of the ways of payment stated during the order process.
3.2 The period within which the order must be paid is 30 days after handing over or forwarding the invoice.
3.3 Unless otherwise agreed in writing, the shipment of the ordered goods will happen after payment is received. When paying, one must take notice that there can be a delay of 1 to 3 days if you choose payment by bank transfer.
3.4 Baring protest in the form of a registered letter within 7 workdays after receiving the invoice, this is deemed to be accepted by the customer.
4.1. The prices of the products will not be increased during the term of the offer, except when legal measures are necessary or when the producer increases his prices in the time of the process.
4.2. All prices on the site are under preservation of publication errors. We will not be held accountable to consequences of publication errors.
4.3. All prices on the website are in Euros and 21% VAT included.
5. Trial period / right of withdrawal
5.1. When there is a consumer sale, according to the Law on Market Practices and Customer Protection (article 45 and following), the cunsomer has the right to return (part of) the delivered goods within a period of 14 calendar days, without reason of returning. This period starts at time of delivery. If the customer hasn’t returned the goods to OMD commv after this period, the sale will be final. The customer, before he wants to return the goods, has to send a written request to OMD commv, within 14 calendar days after delivery. The customer has to prove that the goods were sent back on time, for example by an evidence of postal delivery. The right to return the products becomes void when they have been used by the customer or when they have been damaged. Keeping this rule in mind, OMD commv will make sure to refund the entire amount of costs, shipping costs included, within 30days of receipt. The return costs of the products is entirely to the account of the customer.
5.2. The right of withdrawal, as described in the last paragraph, only covers the delivered goods and will not cover services, such as telephone costs from the mobile operators, offered by OMD commv. On these services, where OMD commv only operates as agent, the general conditions of these mobile operators will apply.
5.3. The right of withdrawal doesn’t apply to:
6.2. OMD commv respects the privacy of the users of the website and makes sure your personal data will be treated with confidentiality.
6.3. In some case, OMD commv uses a mailing list. Each mailing has instructions on how to remove yourself from this list.
7. Warranty and conformity
7.1. The entrepreneur guarantees the validity of the products and/or services in the contract, the mentioned specifications, the reasonable demands of dignity and/or usability and to the legal agreements and governmental rules on the date of the contract. The legal guarantee period for private persons is 2 years, for companies and governments this is one year. If there is a hidden malfunction, replacement and repair fall under the warranty for 2 years.
7.2. An agreement, offered by the entrepreneur, producer of importer, as a guarantee, doesn’t diminishes the right and claims the consumer has towards the entrepreneur, in case of shortcomings in the fulfilling of the agreement.
7.3. The customer is obligated to immediately control the goods at time of delivery. When the wrong product has been delivered, or it has been damaged or it is incomplete, the customer must notify OMD commv in writing of these shortcomings, before returning the goods. Wrongly delivered and damaged products have a term of maximum 2 months after delivery to be returned to OMD commv, starting from the day the flaw was noticed. However if the goods are used after the observation of these imperfections, the right to reclamation and returning will expire.
7.4. If the customer’s claims are being agreed upon by OMD commv, OMD commv will replace the goods without cost or we will make a written agreement about the compensation. OMD commv’ liability is limited to the amount of the highest price of the concerned goods, of to the amount that is covered by the liability insurance. Every liability towards other sorts of damage is exclude
7.5. OMD commv is not liable for any damaged caused with intention or caused by recklessness of non-management personel.
7.6. This guarantee doesn’t apply when: A) as long as the customer is liable towards OMD commv; B) the customer tried to repair the damage himself or by third parties. C) the delivered goods has been exposed to abnormal conditions or have been carelessly treated or contrary to the directions of the manual on the packaging; D) the malfunctioning is the consequence of the rules stated by the government regarding the nature or the quality of the applied materials.
8.1. All deals are without obligation, unless it is differently mentioned in the deal.
8.2. When the deal is accepted by the buyer, OMD commv keeps the right to alter or cancel the offer within a term of 3 workdays of the receipt of the deal.
8.3. Oral commitments only connect OMD commv after this have been confirmed expressively and written.
8.4. Deals from OMD commv do not automatically apply for repeat orders.
8.5. OMD commv cannot be accounted for a deal when the customer had to understand that the offer, or a part of it, contained a manifest error or slip.
8.6. Admissions, changes and/or other appointments are only applicable when it has been agreed in writing.
9.1. An agreement between OMD commv and a customer is established after an order has been viewed feasible by OMD commv
9.2. OMD commv keeps the to itself to refuse orders or commands without giving a reason, or to only accept them under the condition that the shipping happens by prepayment or cash on delivery.
0. Images and specifications
10.1. All images, pictures, drawings, etcetera; data about the weight, size, color, pictures of labels, etc., on the website of OMD commv are indicative and cannot be a reason for compensation or dissolution of the agreement.
11. Cases of force majeure
11.1.OMD commv is not liable, when and if the agreements cannot be reached or fulfilled due to force majeure.
11.2.Cases of force majeure are any cause
11.3.OMD commv keeps the right to suspend our obligations towards the agreement in cases of force majeure, and is entitled to dissolve the agreement partially or completely, or to demand that the terms of agreement are adjusted to facilitate the execution of the agreement. In no way is OMD commv obliged to pay a fine or a compensation.
11.4. If OMD commv has already partially fulfilled her obligations or when she can only partially fulfill the obligations, when the force majeure happens, will she be entitled to separately invoice the already delivered services or goods and the customer will be obliged to pay this invoice as it were a separate contract. However this will not be applied when the already delivered part of the agreement has no independent value.
12.1. OMD commv can not be held liable at any way, or it will not accept any liability for damages that begin or began, whenever, by wrong usage of the devices and products, nor by defective or wrongful usage of the created or composed products by these devices. OMD commv can not be held liable for defective, not or insufficient functioning products or parts that were created by the customer itself, whatever they may be.
13. Retention of title
13.1. Property of all items sold and delivered to the customer remains at OMD commv as long as the customer hasn’t met the claims from this agreement, earlier or future agreements, as long as the customer hasn’t met the claims from the provided services from this or similar agreements, and as long as the claims from OMD commv in other cases haven’t been met, whether fines or costs, as mentioned in article 3:92 BW.
13.2. The goods delivered by OMD commv that are subjected to the retention of title, can only be resold in a usual course of business, and can never be used as a method of payment.
13.3. The customer is not competent to pawn or encumber the goods that are subjected to retention of title.
13.4. The customer gives OMD commv, or a third party instructed by OMD commv, now the unconditional and unrevocable permission to enter all the places that are under retention of title, where the properties of OMD commv are located.
13.5. When a third party seizes the goods that are under the retention of title, the customer is obligated to inform OMD commv as fast as reasonably possible of this event.
13.6. The customer is required to insure and keep these goods insured against fire, danger of explosion or water damage, and against theft and he must be able to provide the polis for inspection on first request of OMD commv.
14. Applicable law/ competent court
14.1. The Belgian law applies to all agreements and contracts.
14.2. All differences, coming from an agreement between OMD commv and customer, that can’t be solved by mutual agreement, will be judged by the competent court off the arrondissement Oudenaarde, O-VL , Belgium, unless OMD commv prefers to trial the difference with the competent court of the residence of the customer, and with the exception of those differences that should be decided by the district judge.