General conditions

Article 1: General Provisions

The APEX GROEP BV has its registered office at Zone Reme 3, 2260 Westerlo with company number BE 0758.456.955.

These Terms and Conditions (“Terms and Conditions”) apply to all items in the full range and every purchase the customer places with APEX Groep. The customer accepts that these Conditions, will be the only ones applicable, to the exclusion of his own general or specific (purchase) conditions, even if they would stipulate that they are the only ones applicable.

Article 2: Price

All prices quoted are always exclusive of VAT unless otherwise stated. If transportation, reservation or administrative fees are charged, this will be stated separately. The statement of price refers only to the items as it is described verbatim. The accompanying photo is for decorative purposes and may include elements items not included in the price.

Article 3: Offer

Each offer is only open to customers residing in Belgium. The items are for normal private use only. Despite the fact that the catalog and website are compiled with the utmost care, it is still possible that the information offered is incomplete, or contains material errors, or is not up-to-date.

If you have specific questions about e.g. sizes, color, availability, delivery time or delivery method, please contact us in advance. (see Article 14).

APEX Groep is as far as the accuracy, up-to-dateness, or completeness of the offered information is concerned only held to an obligation of means. APEX Groep is in no case liable in case of material errors, typesetting or printing errors.

The offer is always valid while supplies last and may be modified or withdrawn by APEX Groep at any time. Van APEX Groep is entitled -without giving reasons- to refuse orders, to adjust delivery times, to split deliveries, or to attach other conditions to the delivery.

Article 4: Online Purchases

Customers have the option of purchasing items from the full range online. The purchase is established when the customer receives a confirmation email from APEX Groep. Items will be delivered to the customer’s home on the delivery date indicated in the confirmation email.

Article 5: Retention of title

The delivered articles remain the exclusive property of APEX Groep until the moment of full payment by the customer. However, the risk due to loss or damage shall pass to the customer as of delivery. The customer undertakes to point out APEX Groep’s retention of title to third parties if necessary, e.g. to anyone who would come to seize the not yet fully paid for items.

Article 6: Penalties for non-payment.

Without prejudice to the exercise of other rights available to APEX Groep, in the event of non-payment or late payment, the customer shall be liable, as of the date of the default, by operation of law and without a reminder, for interest of 10% per annum on the unpaid amount. In addition, the customer shall be liable ipso jure and without notice to pay a lump-sum indemnity of 10% on the amount in question, with a minimum of €25 per invoice.

Without prejudice to the foregoing, APEX Groep reserves the right to take back items not paid for (in full).

Article 7: Complaints

Any visible damage and/or qualitative deficiency of an item or other shortcoming in delivery must be reported immediately, under penalty of forfeiture of any right.

Article 8: Warranty

a. Legal warranty (for consumers only)

Under the Act of September 21, 2004 on the Protection of Consumers in the Sale of Consumer Goods, consumers have legal rights. Each item is subject to the legal warranty for hidden defects and non-conforming delivery from the date of purchase by (if applicable delivery to) the first owner. During this period, APEX Groep undertakes to replace or repair the defective item (or part) free of charge. APEX Groep reserves the right to exchange the item if the repair and/or administrative costs are disproportionate, or if repair is impossible. Any commercial warranty does not affect these rights.

b. General

To invoke the warranty, the customer must be able to present proof of purchase. For items purchased online and delivered to the customer’s home, the customer must contact online customer service in advance after which the customer must return the item to APEX Groep at the customer’s expense.

The warranty (commercial and/or legal) is never applicable to defects caused by accidents, neglect, falls, abnormal or incorrect use, use of the item contrary to purpose for which it was designed, non-compliance with operating instructions or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, abnormal or incorrect use.

It also does not apply to items with a shorter lifespan, or wear items. Defects that manifest themselves after a period of 6 months following the date of purchase, if any, delivery, are deemed not to be hidden defects, subject to proof to the contrary by the customer.

The warranty is not transferable.

Article 9: Renunciation period

The provisions of this article apply only to customers who purchase items online in their capacity as consumers :

• The consumer has the right to notify APEX Groep that he renounces the purchase, without payment of any penalty and without giving any reason within 14 days from the day following the delivery of the product.
• Customers wishing to exercise the right of renunciation must contact online customer service within 14 days from delivery and return the goods to APEX Groep at their expense within 20 days from delivery of the goods.
• Only items in their original and undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back after internal inspection by our shipping department.

Will not be taken back under any circumstances:

1. used, soiled, damaged or incomplete items
2. items whose packaging (or part of it) has been opened
3. items made to customer specifications
4. items which by their nature cannot be returned

Article 10: Privacy

APEX Groep undertakes to use your data only to fulfill your request and to send you information from APEX Groep. If you would also like to receive information via e-mail, please also provide your e-mail address.

We treat your data as confidential information and will never pass it on to third parties. You may at any time request, correct, change or delete your data that we keep in APEX Groep’s customer list, and you may refuse to allow APEX Groep to use your data to send you information. It is sufficient to request this in writing.

The customer is responsible for keeping his log-in data confidential and the use of his password.