General conditions

For business customers​For consumers

For business customers​

1. The project documentation and the quotations shall be based on the current conditions in terms of wages and salaries and materials. If they are subject to any changes, we shall reserve the right to adjust the prices accordingly.

2. Orders shall only be binding following our written order confirmation.

3. Deviating terms and conditions of contracting partners cannot be invoked against us.

4. Our prices are stated in Euros. Any increasing of the VAT rate or other applicable taxes of any kind between the date of the order and the date of execution of the order shall be applied to the buyer’s invoice.

5. In the event the order is cancelled, the buyer shall be held to compensate the damage sustained entirely, with a minimum of 20% of the value of the order concerned.

6. The term of delivery shall only be given by way of information and shall not be binding on the seller. Overdue delivery shall not entitle the contracting partner to damages nor to dissolution of the agreement.

7. The goods shall always be shipped at the buyer’s risk, whatever the shipping method may be, even if it is carriage paid.

8. If the buyer does not pick up the goods on the date that has been communicated to him, we shall reserve the right to consider the agreement to have been dissolved upon expiry of the term of eight days, automatically and without prior notice of default. The buyer shall then be held to compensate the damage sustained entirely with a minimum of 30% of the value of the order concerned.

9. Pending delivery or pick-up, the goods shall be stored at the buyer’s risk.

10. Complaints regarding visible defects shall have to be filed by registered mail stating the reasons not later than two days after receipt of the goods and in any case before the goods are used. Complaints regarding hidden defects shall only be handled if they are brought to the seller’s attention by registered mail stating the reasons, within six months from the date of delivery and this within eight days from the day the defect concerned was observed. The onus of proof of timeliness shall be on the buyer.

11. Our obligation to indemnify in connection with defects to the delivered goods, shall not exceed the obligation to indemnify on the part of our suppliers. The seller shall only undertake to replace or repair the components he has acknowledged are faulty, with the exclusion of all other compensations for direct and/or indirect damage. Working hours and travelling expenses shall be for the buyer’s account.

12. When we are not able to perform the agreement due to force majeure, strikes, lock-out and the like, we shall reserve the right to terminate the agreement without the contracting partner having the possibility to claim any damages.

13. Objections to the invoice shall have to be filed by registered mail stating the reasons within eight days from the date of invoice.

14. All invoices shall be payable within one month from the date of invoice unless stipulated otherwise. If the invoice is not paid within the stipulated term, an interest for overdue payment of 1% of the invoice shall be owed per month as from the expiry date by operation of law and without any prior notice of default. A fixed compensation to the amount of 10% of the invoice amount shall also be due by operation of law and without prior notice of default, by way of damages. Costs relating to unpaid bills of exchange or cheques as well as other collection costs shall not be included in said fixed sum and shall be charged separately to the buyer. In the event an invoice is not paid on the expiry date, all other invoices made out by the seller to the buyer, shall immediately become due and payable without prejudice to the seller’s right to invoke the other rights pursuant to the present general terms and conditions.

15. In the event an invoice is not paid, we shall reserve the right to stop any subsequent deliveries. We shall equally reserve the right to consider the agreement to have been dissolved by operation of law and without any prior notice of default in its entirety or for the part still to be executed.

16. As long as the goods delivered are not paid in full, they shall remain the seller’s property. However, the risk shall transfer to the buyer the moment the contract is concluded.

17. In the event a dispute arises, the Courts of the judicial district of Antwerp and the small claims court of the 5th district of Antwerp shall be exclusively competent and Belgian law shall apply exclusively.

18. With respect to compliance with the statutory reception obligation regarding electric and electronic devices, Ysebaert has signed a statement of affiliation with RECUPEL to which Ysebaert pays an administrative fee. The customer shall undertake to pay the potential costs relating to the pick-up and processing of the professional devices that are the subject of the present order / delivery / invoice as well as the costs relating to electric and electronic devices that replace them, when said devices are worn out. In order to comply with the legislation governing waste processing, the customer may call in the services of a company that has signed a Charter with Recupel (www.recupel.be). If so desired, Ysebaert SA shall put the customer in contact with a company that will submit an offer.

For consumers


Artikel 1 Applicability and conditions

  1. Our terms and conditions are applicable to every offer from Ysebaert NV to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).
  2. For business customers, we apply the general conditions of Ysebaert NV which can be sent on request or can be consulted on our website www.ysebaert.be www.ysebaert.be 
  3. We deliver exclusively in Belgium, the Netherlands and Luxemburg. If you submit a delivery address outside of this country, we reserve the right to decline your order.
  4. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
  5. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website of SmartEnergyShop.
  6. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
  7. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.
  8. ​

Artikel 2      Our offer and your order

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.
  2. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Visa, MasterCard, Maestro, Bancontact en iDeal. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
  3. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next you choose you preferred way of delivery: dispatch with transport or collect in Wommelgem. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.

 Artikel 3      Right of withdrawal

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for14 days from the delivery or[1] the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by bank transfer.[1]The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance. dagen nadat we je bestelling teruggekregen hebben of je hebt aangegeven dat je wil afzien van de overeenkomst, betalen we je de volledige aankoopprijs ervan terug via een bankoverschrijving. 
  2. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
  3. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
  4. You can return you package through post, by courier or by yourself to our warehouse in Wommelgem.
  5. You can return you package through post, by courier or by yourself to our warehouse in Wommelgem.
  6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to Ysebaert NV, Koralenhoeve 13, B-2160 Wommelgem. We will send you an acknowledgement of your withdrawal by email.

 

“MODEL WITHDRAWAL FORM”

 

(Only fill out and sent this form if you wish the withdrawal the agreement) -To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

(*) Delete as appropriate.

Artikel 4      Price

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.
  2. Our prices include all taxes, VAT and all other levies. Hence, je will never experience unpleasant surprises. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In that case, we notify that always before you definitely place your purchase. In that case, we notify this to you prior to the definitive confirmation of your order.

 Artikel 5      Payment

  1. We only accept advance payment through our website using the payment methods indicated there.
  2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

 

artikel 6 Conformity and Warranty

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
  2. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to delive within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.
  3. If the manufacturer offers a longer warranty than stated above, Ysebaert NV will apply the same term.

 

Artikel 7     Delivery and execution

  1. All goods and services are delivered to the address provided by you when ordering.
  2. When a good is in stock it will be delivered to the delivery address within a period of 1 to 4 working days. If a good is not in webshop stock, the estimated shipping date will be indicated in the webshop . We inform you of the delivery period in your order confirmation.
  3. Deliveries are made on weekdays and during office hours. On the shipping date, you will receive a mail of our courier with a tracking code so you can trace your order. Via this link, you are able to postpone the delivery date or change the delivery address.
  4. Any shipping charges are added in your shopping basket.
  5. If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.
  6. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
  7. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

 

Artikel 8      Duration

  1. The Consumer has the right to terminate a contract of indefinite duration at any time, with due observance of the agreed termination rules and notice of at least one month.
  2. A contract which was entered into for a definite period of time has a duration of maximum two years.
  3. If a sale of goods contract for a definite period of time stipulates that in the case of non-action of the Consumer the Distance Contract will be extended, the contract will be continued as a contract of indefinite duration and will require a notice of at least one month.
  4. If a contract for the provision of services for a definite period of time was concluded between the Company and the Consumer and contains a clause to tacit renewal. This clause will be placed in bold letters and a in a frame separated from the text, on the front side of the first page.
  5. This clause will contain the consequences of a tacit renewal, among which are the provision of the next paragraph with regards to denunciation as well as the last possible date of opposition against the tacit renewal by the Consumer and the manner of notification of this opposition. The Consumer may, after the tacit renewal of a service contract of definite duration, at any given time and without any compensation terminate the contract, with due consideration of a notice of maximum two months.

 

Artikel 9    Force majeure

  1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
  2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…
  3. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.

Artikel 10    Intellectual property

  1. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.
  2. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us by e-mail to energy@ysebaert.be. We will do the utmost to deal with your complaint within 7 days.energy@ysebaert.be​

Artikel 11    Complaints procedure and conflicts

  1. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.
  2. Information about alternative dispute resolution procedures can be found via this link: http://ec.europa.eu/odr/ but we reserve the right to submit disputes exclusively to the courts. http://ec.europa.eu/odr/