Definitions

1. Gert Pellin EZ, established in Tongeren under CoC no. BE0847143362.

2. Customer: the person with whom Gert Pellin has entered into an agreement.

3. Parties: Gert Pellin and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Gert Pellin.

2. The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

1. Offers and quotations from Gert Pellin are without obligation, unless expressly stated otherwise.

2. An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation.

3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.

4. Offers and quotations do not apply to repeat orders, unless parties have expressly agreed to this in writing.

Acceptance

1. Upon acceptance of a non-binding offer or quotation,  Gert Pellin reserves the right to withdraw the offer or quotation within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.

2. Verbal acceptance by the customer only binds Gert Pellin after the customer has confirmed this in writing (or electronically).

Prices

1. All prices used by Gert Pellin are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices used by Gert Pellin for his products or services, on his website or that have otherwise been made known, can be changed by Gert Pellin at any time.

3. Increases in the cost prices of products or parts thereof, which Gert Pellin could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

5. The price regarding a service is determined by Gert Pellin based on the hours actually spent.

6. The price is calculated according to the usual hourly rates of Gert Pellin, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.

7. If the parties have agreed on a total amount for a service provided by Gert Pellin, this is always a target price, unless the parties have expressly agreed in writing on a fixed price from which no deviation can be made.

8. Gert Pellin is entitled to deviate up to 10% from the target price.

9. If the target price is more than 10% higher,  Gert Pellin must inform the customer in a timely manner why a higher price is justified.

10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.

11. Gert Pellin has the right to adjust prices annually.

12. Prior to its entry into force, Gert Pellin will communicate price adjustments to the customer.

13. The consumer has the right to terminate the agreement with Gert Pellin if he does not agree with the price increase.

Payments and payment term

1. Gert Pellin may require a down payment of up to 50% of the agreed amount when entering into the agreement.

2. The customer must have paid payments in arrears within 7 days after delivery of the product.

3. Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default, without Gert Pellin having to send the customer a reminder or notice of default.

4. Gert Pellin reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed period,  Gert Pellin is entitled to charge the statutory interest of 2% per month for non-commercial transactions and  the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a full month.

2. When the customer is in default, he is also liable for extrajudicial collection costs and any compensation to Gert Pellin.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Gert Pellin may suspend his obligations until the customer has met his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Gert Pellin on the customer are immediately due and payable.

6. If the customer refuses to cooperate in the execution of the agreement by Gert Pellin, he is still obliged to pay the agreed price to Gert Pellin.

Right of complaint 

1. As soon as the customer is in default, Gert Pellin is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Gert Pellin invokes the right of complaint by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Gert Pellin, unless the parties make other agreements about this.

4. The costs for retrieving or bringing back the products are for the account of the customer.

Right of withdrawal

1. A consumer can dissolve an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used

• it is not a product that can spoil quickly, such as food or flowers

• it is not a product that has been specially made or adapted for the consumer

• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

• the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)

• the product is not a trip, transport ticket, catering assignment or form of leisure activity

• the product is not a single magazine or newspaper

• it does not concern an (order for) urgent repair

• the consumer has not waived his right of withdrawal

1. The cooling-off period of 14 days as referred to in paragraph 1 commences:

   • on the day after the consumer has received the last product or part of 1 order

   • as soon as the consumer has received the first product with a subscription

   • as soon as the consumer has used a service for the first time

   • as soon as the consumer has confirmed that he will purchase digital content via the internet

2. The consumer can make his appeal to the right of withdrawal known via , if desired with the help of the withdrawal form that can be downloaded via the website of Gert Pellin, https://pellin.be.

3. The consumer is obliged to return the product to Gert Pellin within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Compensation for delivery costs 

1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Gert Pellin in time, then Gert Pellin will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and completely returned order.  
2. The costs for delivery are only for the account of Gert Pellin insofar as the entire order is returned. 

Compensation for return costs

If the consumer makes use of his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Retentierecht

1. Gert Pellin can invoke his right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices towards Gert Pellin , unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Gert Pellin.

3. Gert Pellin is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Gert Pellin against a claim against Gert Pellin.

Retention of title 

1. Gert Pellin remains the owner of all delivered products until the customer has fully met all his payment obligations towards Gert Pellin under whatever agreement concluded with Gert Pellin , including claims regarding failure to perform.

2. Until that time, Gert Pellin can invoke his retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Gert Pellin invokes his retention of title, the agreement is considered dissolved and Gert Pellin has the right to claim compensation, lost profit and interest. 

Delivery

1. Delivery takes place while supplies last.

2. Delivery takes place at Gert Pellin, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer. 

4. If the agreed amounts are not paid or not paid on time,  Gert Pellin has the right to suspend his obligations until the agreed part has been paid.

5. In case of late payment, there is creditor default, with the result that the customer cannot object to a late delivery against Gert Pellin .

Delivery time 

1. The delivery times specified by Gert Pellin are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences after the quotation signed for approval by the customer has been confirmed to the customer by Gert Pellin in writing or electronically.

3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Gert Pellin cannot deliver within 14 days of being summoned to do so in writing or the parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transport costs 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the forwarder or delivery person before taking receipt of the product, in the absence of which Gert Pellin cannot be held liable for any damage.

2. If the customer arranges for transport of a product himself, he must report any visible damage to products or packaging to Gert Pellin prior to transport, in the absence of which Gert Pellin cannot be held liable for any damage.

Insurance

1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:

   • delivered goods that are necessary for the execution of the underlying agreement

   • goods of Gert Pellin that are present at the customer's premises

   • goods delivered under retention of title

2. The customer provides the policy of these insurances for inspection at the first request of Gert Pellin .

Retention 

1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any extra costs as a result of premature or late purchase of products are entirely for the account of the customer.

Assembly/Installation

Although Gert Pellin makes every effort to carry out all assembly and/or installation work as well as possible, he bears no responsibility for this except in the case of intent or gross negligence.

Warranty

1. When the parties have entered into an agreement of a service-providing nature, this contains only an  obligation of means for Gert Pellin and therefore no obligation of result.

2. The warranty regarding products applies exclusively to defects caused by unsound manufacturing, construction or material.

3. The warranty does not apply in the event of normal wear and tear and damage caused by accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or actually delivered, or at least come into the power of the customer or of a third party who receives the product on behalf of the customer. 

Execution of the agreement 

1. Gert Pellin executes the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship.

2. Gert Pellin has the right to have the agreed services (partially) performed by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the customer's responsibility that Gert Pellin can start the execution of the agreement in a timely manner.

5. If the customer has not ensured that Gert Pellin can start the execution of the agreement on time, the resulting extra costs and/or extra hours will be for the account of the customer.

Provision of information by the customer 

1. The customer makes all information, data and documents relevant to the correct execution of the agreement available to Gert Pellin in a timely manner and in the desired form and manner.

2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

3. If and insofar as the customer so requests, Gert Pellin will return the relevant documents.

4. If the customer does not, not timely or not properly make the information, data or documents reasonably required by Gert Pellin available and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

Duration of the agreement regarding a service

1. The agreement between Gert Pellin and the customer regarding a service or services is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing. 

2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after its expiry, unless one of the parties terminates the agreement with due observance of a notice period of  months, or a consumer terminates the agreement with due observance of a notice period of 1 month, as a result of which the agreement ends by operation of law.

3. If the parties have agreed on a term for the completion of certain activities within the duration of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Gert Pellin written notice of default. 

Termination of agreement service for an indefinite period 

1. The customer can terminate an agreement for a service that has been entered into for an indefinite period at any time with due observance of a notice period of 1 month.

2. A consumer has the right to terminate an agreement for a service for an indefinite period with due observance of a notice period of 1 month.

Intellectual property 

1. Gert Pellin retains all intellectual property rights (including copyright, patent law, trademark law, design and model rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

2. The customer may not copy, show to third parties and/or make available or use in any other way the mentioned intellectual property rights without the prior written permission of Gert Pellin .

Confidentiality 

1. The customer keeps any information (in whatever form) he receives from Gert Pellin secret.

2. The same applies to all other information concerning Gert Pellin which the customer knows or can reasonably suspect is secret or confidential, or of which he can expect that its dissemination could harm Gert Pellin.

3. The customer takes all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 secret.

4. The confidentiality obligation described in this article does not apply to information:

   • which was already public before the customer learned of this information or which later became public without this being the result of a breach of the customer's duty of confidentiality

   • which is made public by the customer on the basis of a legal obligation

5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.

Penalty clause

1. If the other party violates the article of these general terms and conditions on confidentiality or intellectual property, he shall forfeit for each violation for the benefit of the trade name an immediately payable fine.

• if the other party is a consumer, this fine is € 1,000
• if the other party is a legal person, this fine is € 5,000

1. In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.

2. No prior notice of default or legal proceedings are required for the forfeiture of this fine. There does not have to be any form of damage either.

3. The forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of Gert Pellin , including his right to claim compensation in addition to the penalty.

Indemnification

The customer indemnifies Gert Pellin against all claims from third parties related to the products and/or services delivered by Gert Pellin .

Complaints

1. The customer must examine a product delivered or service provided by Gert Pellin as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Gert Pellin of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.

3. Consumers must inform Gert Pellin of the shortcomings no later than 2 months after discovery.

4. The customer gives as detailed a description as possible of the shortcoming, so that Gert Pellin is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this cannot in any case lead to Gert Pellin being obliged to perform work other than that which has been agreed.

Notice of default

1. The customer must make notices of default known in writing to Gert Pellin.

2. It is the customer's responsibility that a notice of default actually reaches Gert Pellin (in a timely manner).

Joint and several liability of the customer

If Gert Pellin enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Gert Pellin under that agreement.

Liability Gert Pellin

1. Gert Pellin is exclusively liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If Gert Pellin is liable for any damage, it is only liable for direct damage that arises from or is related to the execution of an agreement.

3. Gert Pellin is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4. If Gert Pellin is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of the damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalogue are only indicative and apply only approximately and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Gert Pellin lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code. 

Right to dissolution

1. The customer has the right to dissolve the agreement if Gert Pellin imputably fails in the fulfillment of his obligations, unless this shortcoming, given its special nature or minor significance, does not justify the dissolution.

2. If the fulfillment of the obligations by Gert Pellin is not permanently or temporarily impossible, dissolution can only take place after Gert Pellin is in default.

3. Gert Pellin has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Gert Pellin has taken note of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.

Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Gert Pellin to fulfil any obligation towards the customer cannot be attributed to Gert Pellin in a situation independent of Gert Pellin's will, as a result of which the fulfilment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of his obligations cannot reasonably be expected of Gert Pellin.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery personnel or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

3. If a force majeure situation arises as a result of which Gert Pellin cannot meet one or more of its obligations to the customer, those obligations will be suspended until Gert Pellin  can meet them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. Gert Pellin owes no compensation whatsoever in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendment of the agreement 

If, after the conclusion of the agreement, it proves necessary to amend or supplement its content for its implementation, the parties shall amend the agreement accordingly in a timely manner and in mutual consultation.

Amendment of general terms and conditions

1. Gert Pellin is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Gert Pellin will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Gert Pellin.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Gert Pellin had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where Gert Pellin is established / holds practice / holds office has exclusive jurisdiction to hear any disputes between parties, unless the law mandatorily prescribes otherwise.

GePe-Billiards Specific

1. Under express reservation, we will, with the desire to give full satisfaction to our customers, investigate every complaint
for hidden defects, if this objection reaches us within 10 days following the delivery of the goods at the place of
shipment. After this period, no complaint will be taken into consideration.
1.1. Both visible and hidden pre-existing defects in the furniture itself are the responsibility of the customer. Invisible
defects can be, but are not limited to; Incorrect attachment of the cloth by the previous upholsterer, use of too strong or wrong glues,
damage due to rotting, cracking slate due to outdoor storage or under a roof leak, ...
2. An invoice is automatically generated for B2B customers. Private customers can receive an invoice provided an administrative cost of €10 including VAT is paid. 
2.1. Our price is that of cash payment, without additional discount. The circulation of commercial paper, as well as the acceptance of
securities for payment, constitute never an exception to this clause.

2.2. B2C services: Payment is made immediately after delivery of the services unless stated or agreed otherwise. Payment can be made in cash, via Payconiq or via bank transfer.

2.3. B2B services: Every invoice will be paid immediately after execution or within 8 days unless stated or agreed otherwise;
otherwise we will collect the relevant amounts at sight and at your expense. In case of any default of payment within 10 days,
a commercial interest of 11.5% will be due, automatically, by law and without prior notice of default from the due date
of the invoice. In case of non-payment within fourteen days after registered reminder, an increase of 15% on the amount still
to be paid will be due as compensation with a minimum of 25 euros.

2.4. Payment of goods will be made before shipment or immediately upon handover, unless agreed otherwise.
3. All disputes between the parties will without exception be brought before the courts of Tongeren and the justice of the peace of Bilzen,
without the contracting party being able to bring the dispute before another court even by counterclaim, by
calling for indemnification, in intervention or in declaration of common judgment.
4. VAT is applied on the responsible declaration of the customer.
5. As long as no full payment of the delivered goods has been obtained, these goods remain our property.

Drawn up on June 04, 2021.