Terms and Conditions
GENERAL PROVISIONS
1. Parties
On the one hand, AZZURA BV, with company number BE1023.419.878 and registered office at Diamantstraat (HRT) 8 bus 397, 2200 Herentals, Antwerp RLE, Turnhout division, as well as its affiliated companies involved in the execution of the agreement, hereinafter “we”
website: https://azzurapool.com
phone number: +32 14 11 10 15 (BE) or +31 85 060 5597 (NL)
e-mail: info@azzurapool.com
and on the other hand, any natural person or company for whose account we provide services or deliver goods, regardless of the actual beneficiary thereof, hereinafter “you”.
2. Application
§1 These terms and conditions apply to every order you place with us, every use of our website, and every collaboration you enter into with us in the broadest sense of the word, to the exclusion of your own terms.
§2 These terms and conditions are subject to Belgian law. They do not affect your legal rights or any divergent agreements we may make. These latter shall prevail over the provisions in these terms from which they deviate. The remaining provisions shall continue to apply. This Dutch-language version shall prevail over any translations, which we will provide upon request if linguistic legislation requires it.
§3 You can consult these terms and conditions in various ways to take note of and thereby accept them. They are: (i) freely accessible on our website; (ii) attached to every order confirmation or invoice; (iii) available on a durable medium (PDF) upon request; (iv) when placing an online order, a mandatory click-action is required to accept the terms before an online ordering process can be completed.
§4 If any provision in these terms is found to be void, contradictory, illegal, or unenforceable, it shall be read as a valid provision that brings the outcome as close as possible to the intended purpose. The remaining provisions shall remain in full force.
§5 We may modify our terms at any time. Minor or mandatory legal changes (e.g., linguistic and fiscal) apply immediately. For ongoing agreements, modified terms apply only upon agreement by both parties.
§6 These terms are also stipulated for our directors, auxiliary agents, and employees. To the extent legally permitted, you waive any non-contractual claim against us and our auxiliary agents within the meaning of Art. 6.3 §2 of the new Civil Code.
3. Start, duration, and termination of the agreement
§1 Our agreement starts as soon as we accept and confirm your order, whereby we reserve the right to refuse orders. Proposals, agreements, and promises made by third parties that entail obligations for us are only valid after our explicit acceptance.
§2 By ordering, you acknowledge and accept: (i) having knowledge of these terms and accepting them; (ii) having been correctly informed about prices, your rights, and the right of withdrawal; (iii) that completing an online ordering process creates a payment obligation.
§3 Parties may terminate the agreement without compensation if: (i) one of the parties is in liquidation or bankruptcy proceedings; (ii) there is prolonged force majeure due to sudden, unforeseeable, and unavoidable situations over which we reasonably have no control (in case of temporary force majeure of less than 60 days, the execution of the agreement is merely suspended). In the aforementioned cases, we may charge for what has already been delivered and for all costs considered indivisible.
OFFER
4. Representation of offer and availability
§1 Every representation of our offer and prices is subject to printing errors or manifest mistakes that you could reasonably have suspected.
§2 Images and product descriptions are intended for illustrative purposes. Only the dimensions and product descriptions on the order confirmation are definitive. Images may contain elements that are not included in the price, and colors may differ slightly from reality due to screen settings, printing techniques, and artificial light.
§3 Slight color and size differences may occur between samples, images, and delivered goods, which are inherent to the production process and the nature of the materials. Minor deviations in color, gloss, structure, dimensions, or finish that are technically inherent to the raw materials, materials, coatings, production processes, or batches are considered acceptable tolerances and do not give the right to refusal, replacement, compensation, or termination of the agreement.
§4 Technical information, maintenance instructions, manuals, and safety instructions from the manufacturer are an integral part of the product and must be complied with. You are personally responsible for installing, using, and maintaining the ordered goods in a safe and correct manner.
5. Promotions and “SALE” items
§1 The terms and conditions for temporary promotions, sales, or commercial campaigns are explicitly stated with the offer concerned.
§2 For promotional items, the “while stocks last” and “first come, first served” principle applies. It is possible that a promotional item is no longer available at the moment you place the order (e.g., due to interim sales). You cannot derive any rights from this. If you had already made a payment, we will refund this without delay.
ONLINE ACCOUNT & ORDERING PROCESS
6. Online account
§1 You are personally responsible for keeping your login details and passwords secret and for not sharing them with others. We do not have access to these. You can change your password via “forgot password”.
§2 You must ensure that your contact and address details remain up to date. Be sure to check the address details before you place an order!
7. Ordering
§1 We confirm every order via e-mail. However, we cannot guarantee the effective receipt of digital communications, for example, if you entered an incorrect e-mail address. Contact us if you do not receive an expected communication so that we can resend it. You can also view your order history and invoices via your online account.
§2 Verbal or telephone orders are only valid after our written confirmation.
§3 By placing an online order, you acknowledge that the ordered goods are sufficiently described so that you can assess them correctly. In case of doubt regarding the nature, characteristics, or price, contact our customer service before you complete the ordering process.
DELIVERY & RETURN POLICY
8. Delivery & collection of goods
§1 We communicate delivery times in good faith, and they are indicative. We strive to deliver quickly and within the stated “estimated delivery time”. Without prejudice to your legal rights, we rely on your understanding for any delays that arise reasonably outside our will or control.
§2 We make every offer subject to availability according to the “while stocks last” principle. You accept that we have no influence on stock levels and delivery times at suppliers. If ordered goods are no longer available, we will report this as soon as possible and propose an equivalent alternative. If you refuse this alternative, the purchase is terminated without right to compensation, and we will refund paid deposits for undelivered goods without delay.
§3 Home delivery may be carried out by us or via a transport company from whom you receive a track-and-trace link to track the status of the delivery. The risk of the goods passes to you as soon as you or a third party designated by you physically takes receipt of the goods. Unless otherwise agreed, we deliver to the address you provided and on the ground floor.
§4 For collection, we confirm the possible collection time and address. If there is no response or collection within 7 calendar days, we may charge storage or return costs or take back possession of the goods without being liable for compensation.
§5 You must inspect the delivered goods upon receipt. In case of damage, incompleteness, or error, you must refuse the delivery or accept it only with reservation. Any installation, modification or commissioning of delivered goods implies the irrevocable acceptance.
§6 Delivery costs are stated separately in the shopping cart before you complete the online ordering process. For deliveries in Belgium and the Netherlands, home delivery may be free of charge (provided the minimum order value is reached); for other deliveries, shipping costs may apply.
9. Right of withdrawal
§1 If you are a consumer and ordered via “distance selling” (e.g., online), you may cancel the agreement without cost, under the following conditions: (i) you notify us of your decision to withdraw within 14 calendar days, in writing and with an unambiguous statement. You may use the attached model form for this, but you are not obliged to do so. You do not have to provide a reason for your withdrawal; (ii) the 14-day period starts for services from the day after the conclusion of the agreement, or for sales agreements from the day following the day on which you or a third party designated by you, who is not the carrier, physically takes possession of the goods. In the case of multiple goods or goods composed of different shipments or parts that are part of a single order and are delivered separately: from the day after physical possession of the last good, shipment, or part. In case of regular delivery over a certain period, the day after physical possession of the first good; (iii) you handle received goods with appropriate care during the withdrawal period. You only unpack them to the extent necessary to determine whether you wish to keep them. We may charge for any depreciation resulting from handling the goods in a way that goes beyond what is necessary to establish the characteristics and proper functioning thereof; (iv) you return the goods at your own expense within 14 days after the withdrawal notice with all accessories and manuals and, as far as possible, accompanied by the original packaging.
§2 The right of withdrawal does NOT apply to: (i) goods that spoil quickly or have a limited shelf life; (ii) sealed goods that have been opened after delivery; (iii) goods that were made or adapted according to your specifications or are clearly personalized; (iv) goods that have been irrevocably mixed after delivery; (v) services commenced at your explicit request during the withdrawal period where you have acknowledged waiving your right of withdrawal; (vi) goods and services tied to market price fluctuations during the withdrawal period over which we have no control; (vii) goods already connected or installed; (viii) agreements concluded via public auction.
§3 We will confirm receipt of your withdrawal notice as soon as possible and perform any refunds within 14 days. For sales agreements, we may postpone payment until we have received all goods back or until you demonstrate that they have been returned, whichever occurs first. Any additional costs resulting from your explicit choice for a delivery method other than our cheaper standard delivery will be settled first.
10. Return policy
§1 For returns at your request, we only accept goods back: (i) if you notify us in writing in advance and within 30 days of delivery what you wish to return and why, stating the order or invoice number; (ii) we may accept or reject return requests at our sole discretion, which we will confirm in writing. (iii) returned goods must be unused, undamaged, complete (including accessories and manuals) and, as far as possible, accompanied by the original packaging.
§2 Only standard items are eligible for voluntary return. We do not accept goods back: (i) that were specifically ordered, assembled, or customized for you (e.g., bespoke or customer-specific parts); (ii) where the individual packaging of sealed goods or hygiene-sensitive products has been opened; (iii) that have been irrevocably mixed; (iv) that have been fully or partially installed, connected, or used; (v) that were temporarily discounted or on promotion.
§3 For accepted returns, we reserve the right to: (i) check the condition of the returned goods before proceeding to a refund; (ii) offset any price increases or depreciation since your purchase against the amount to be refunded.
§4 Returns are always at your own risk and expense. Pack returned goods well to prevent transport damage!
§5 Always contact us via email if you wish to return an order so that we can confirm the correct return address and return instructions.
11. Warranty
§1 As a consumer, you are legally entitled to a statutory guarantee of conformity. In the event of a defect, you are entitled to the statutory remedies such as repair, replacement, price reduction, or dissolution of the agreement, in accordance with the applicable statutory provisions. This statutory warranty period is 2 years for consumer goods; for second-hand goods, we grant a warranty period of 1 year, both counting from the date of purchase. Any additional commercial warranty will be explicitly stated with the offer in question.
§2 We will confirm your warranty request within 7 working days. You grant us a reasonable period for remedial measures such as replacement, repair, or compensation. You may not take any actions in the meantime that affect the functionality or normal wear and tear of the goods in question.
§3 Warranty does not apply to (i) defects caused by accidents, neglect, falls, use contrary to the purpose for which the goods were designed, failure to follow usage and maintenance instructions, adjustments or changes to goods, rough handling, or any other abnormal or incorrect use; (ii) defects of which you were informed in advance and which you have accepted.
§4 If manufacturers announce a recall, we will notify you as soon as possible about the actions to be taken. The manufacturer will pay the necessary costs.
PRICES & PAYMENT TERMS
12. Prices
§1 Unless otherwise stated, prices include VAT for consumers and exclude VAT for businesses.
§2 Prices will not be increased during the agreement, unless legal measures require it, such as an increase in excise duties, taxes, or other government levies. These will be applied immediately.
13. Payment
§1 Online payments are processed by external payment providers that encrypt all payment information. We have no access to your payment details.
§2 It is your responsibility to have sufficient balance in your account or credit card and to verify that payments are successfully executed. In case of unsuccessful payment, we may postpone or cancel pending orders and deliveries without this act being considered a refusal to sell.
§3 In the case of staggered delivery, we consider each delivery as a separate transaction. You cannot postpone due payments until all partial deliveries or services have been performed.
§4 Online discount codes can only be used for online orders. They can only be used once, are not exchangeable for cash, and are not cumulative. You can enter only one discount code per order. The value is deducted immediately upon completion of the (online) ordering process.
§5 As an exception, deferred payment upon receipt of an invoice may be permitted, with or without advance or partial payments. In such cases, the final payment date will be explicitly stated on the invoice, and any advance or partial payments already made will be deducted from the outstanding balance.
14. Invoice Collection
§1 An invoice is only settled once the full amount has been received in our account. If multiple invoices are unpaid, payments are deemed to apply to the oldest outstanding balance.
§2 If the payment term is exceeded, we will start a collection procedure, possibly involving external parties to whom we will provide the necessary data.
§3 For invoice collection from consumers, we follow the statutory guidelines of Book XIX of the Code of Economic Law (CEL). This means that we will first send you a free payment reminder with a period of 14 calendar days to settle the payment. This period starts on the calendar day following the dispatch date of the reminder via email or on the third working day after sending by mail. If you do not pay within the 14-day period, we may apply the following collection costs:
1)Late payment interest at the statutory interest rate as referred to in Art. 5 of the Law of 02.08.2002 - combating payment arrears in commercial transactions;
2)One-off fixed compensation clause: €20.00 for claims less than or equal to €150.00, or €30.00 + 10% on the outstanding amount in the bracket between €150.01 and €500.00, or €65.00 + 5% on the outstanding amount in the bracket above €500.01, with a maximum of €2,000.00;
3) The first 3 payment reminders per calendar year are free. From the 4th onwards, you will pay €7.50 + shipping costs per letter.
You have the right to request information about invoices or to dispute them, and you may request a payment plan (which we may grant or refuse). You must do this within 14 days and in writing, after which we will temporarily suspend the collection procedure in accordance with statutory timeframes.
§4 For invoice collection from businesses, the statutory provisions of the Law on Payment Arrears in Commercial Transactions of 02.08.2002 apply, including the provisions regarding interest due in Art. 5. In the event of late or incomplete payment, a fixed compensation of 10% of the principal sum is due by operation of law and without prior notice or default, with a minimum of €50, plus fixed administrative costs of €12.50 and any bank, postal, and/or transaction costs (if applicable) and any legal costs.
§5 You will notify us of any scenario that might prevent timely payment, such as seizure, bankruptcy, voluntary liquidation, WCO (reorganization), or debt mediation.
15. Refunds and reciprocity clause
§1 If you are entitled to a refund, we will perform this as quickly as possible using the same payment method as the original transaction, unless this proves impossible or you explicitly request another payment method. No interest, transaction, or administrative fees apply to refunds.
§2 As a consumer, you are entitled to equivalent compensation if we fail to fulfill our contractual obligations (Art. VI.83 CEL, 17°). In this case, all aforementioned amounts apply to both parties.
16. Retention of title / right of retention
§1 We remain the owner of all delivered goods until the full purchase price, including interest and costs, has been paid. Until then, a suspensive condition of transfer of ownership applies. As long as the retention of title applies: (i) you will only have the goods at your disposal to use them for the intended purpose and you may not trade, alienate, or change the nature of them without our consent; (ii) you must take the necessary measures at your expense to protect them against vandalism, theft, frost, and damage. In the event of irreparable damage, theft, or loss due to your fault, you owe us the new value; (iii) you must notify us immediately of any situation in which a third party claims ownership of the goods or seizes them.
§2 As long as invoices remain unpaid, we reserve the right to retain goods and parts not yet assembled (right of retention, Art. 73 of the Pledges Act) and/or to initiate legal proceedings to revindicate the goods.
WEBSITE, PRIVACY & INTELLECTUAL PROPERTY
17. Website
§1 We do our best to keep the content of our website correct and up to date and to ensure secure operation. Despite all reasonable security measures, the absence of viruses, malware, or temporary failures cannot be fully guaranteed.
§2 You choose for yourself whether or not to use online applications and hyperlinks on our website that are developed and managed by third parties.
§3 We use cookies to improve your browsing experience, remember preferences, and collect anonymous statistics. These text files contain no personal information. For analytical purposes, we use third parties (e.g., Google Analytics) that may also process data outside the EU. You can manage or adjust your cookie preferences yourself via your browser settings.
18. Privacy policy
§1 We collect and process personal data for the execution of the agreement, processing of orders, delivery of goods, complaint handling, invoice collection, communication, customer management, accounting, and direct marketing. The legal grounds are execution of the agreement, fulfillment of legal and regulatory obligations, and/or legitimate interest.
§2 We respect the GDPR and Belgian laws when processing personal data, which we treat confidentially and do not share with third parties without your explicit consent. You have the right to view, correct, and refuse the use of your personal data by us for direct marketing purposes, via a written and motivated request with proof of identity.
19. Third-party information and intellectual property
§1 If we share information from third parties with you, it is intended to be for informational purposes only. We are not responsible for its content.
§2 All documents, texts, and images that we create or share remain our property. You may not copy or distribute them without our consent.
LIABILITY, COMPLAINTS & DISPUTES
20. Liability
§1 We are only liable for damage caused by non-compliance with our obligations or by intentional gross negligence or fraud. We are not liable for indirect consequential damage, except for those cases in which our liability cannot be excluded or limited by law.
§2 Our liability is limited to the coverage of our general liability insurance (info and limit amounts of which we will provide upon request). If this does not cover the damage, it is, both contractually and extra-contractually, limited to the principal sum and costs including VAT paid by you for the delivered goods in question, unless a higher damage amount is proven or legally imposed.
§3 Damage, complaints, or liability files do not relieve you of your payment obligation.
§4 If you have ordered goods for another end user or for resale, we remain bound only by our obligations to you. You assume responsibility and legal obligations towards your customer or the end user.
21. Complaints procedure
§1 We do our utmost to provide you with the service and quality you deserve. If, unintentionally, we have disappointed you, please let us know as soon as possible so that we can propose an appropriate solution through amicable consultation. If you still wish to file a formal complaint, please do so in writing, allowing us a reasonable period to propose appropriate remedial or compensatory measures.
§2 You may also submit complaints to an independent mediator, such as the Consumer Ombudsman Service. Please note: this may involve costs.
22. Jurisdiction and disputes
§1 Belgian law applies, with the exclusion of the Vienna Sales Convention.
§2 Unless other rights take precedence, in the event of disputes regarding the interpretation or execution of the agreement, the courts of your place of residence shall have jurisdiction if you are a consumer, or the court of our registered office if you are a company.
APPENDIX: MODEL WITHDRAWAL FORM
To be used to withdraw from a purchase within the statutory withdrawal period of 14 calendar days, starting from the date you received the delivery.
I wish to withdraw from the purchase described below.
Order number / reference: ......................................................................
Item description: ......................................................................
Ordered on date: ......................................................................
Delivered on date: ......................................................................
My name: ......................................................................
My address: ......................................................................
Account number for refund:
Date & Signature