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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, RPR Antwerp, 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, every natural person or company on whose behalf we provide services or 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, excluding your own terms and conditions.
§2 These terms and conditions are subject to Belgian law. They do not affect your statutory rights or any deviating agreements we may make. These shall take precedence over the provisions in these terms and conditions from which they deviate. The others remain in force. This Dutch version shall prevail over any translations, which we will provide upon request if language legislation requires so.
§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 upon request on a durable medium (PDF); (iv) when placing an online order, a mandatory click-action is required to accept the terms and conditions before an online ordering process can be completed.
§4 If these terms and conditions contain provisions that are void, contradictory, illegal, or unenforceable, these shall be read as valid provisions where the outcome is as close as possible to the intended purpose. The other provisions shall remain in force.
§5 We may change our terms and conditions at any time. Minor or mandatory legal changes (e.g., linguistic and fiscal) apply immediately. For ongoing agreements, amended terms and conditions only apply with the agreement of both parties.
§6 These terms and conditions are also stipulated for our directors, assistants, and employees. To the extent legally permitted, you waive any non-contractual claim against us and our assistants in the sense 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 taken note of these terms and conditions and accepting them; (ii) being correctly informed about prices, your rights, and the right of withdrawal; (iii) that completing an online order 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, unpredictable, and unavoidable situations over which we reasonably have no control (in the event 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 all costs deemed indivisible.
OFFER
4. Representation of offer and availability
§1 Every representation of our offer and prices is subject to printing errors or manifest errors 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 final. 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 entitle to refusal, replacement, compensation, or dissolution 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 conditions for temporary promotions, sales, or commercial campaigns are explicitly stated with the offer in question.
§2 For promotional items, the “while supplies 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 intervening sales). You cannot derive any rights from this. If you have 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 not sharing them with others. We have no 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 email. However, we cannot guarantee the effective receipt of digital communications, for example, if you have entered an incorrect email 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. If in doubt about the nature, properties, or price, contact our customer service before you complete the ordering process.
DELIVERY & RETURN POLICY
8. Delivery & collection of goods
§1 Delivery terms are shared in good faith and are indicative. We strive to deliver quickly and within the stated “estimated delivery time”. Without prejudice to your statutory rights, we count on your understanding for any delays that arise reasonably beyond our will or control.
§2 We make every offer subject to availability according to the “while supplies 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 dissolved without entitlement to compensation, and we will refund any paid advances for non-delivered goods without delay.
§3 Home delivery may be performed 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 takes physical possession of the goods. Unless otherwise agreed, we deliver to the address provided by you and to 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 damages.
§5 You inspect the delivery upon receipt. In case of damage, incompleteness, or error, you must refuse the delivery or accept it only with reservation. Any installation, modification or use of delivered goods implies the irrevocable acceptance.
§6 The delivery costs are stated separately in the shopping cart before you complete the online order process. For deliveries in Belgium and the Netherlands, home delivery may be free (subject to reaching the minimum order value); 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 renounce the agreement without costs, 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 can use the model form in the appendix for this, but you are not obliged to do so. You do not need to provide a reason for your withdrawal; (ii) for services, the 14-day period starts 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, takes physical possession of goods. In the case of multiple goods or goods consisting of several 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 the 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 want 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 notification 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 limited shelf life; (ii) sealed goods that have been opened after delivery; (iii) goods that were made or adjusted according to your specifications or are clearly personalized; (iv) goods that have been irrevocably mixed after delivery; (v) services commenced at your express request during the withdrawal period, where you have acknowledged waiving your right of withdrawal; (vi) goods and services tied to price fluctuations on the market during the withdrawal period over which we have no influence; (vii) already connected or installed goods; (viii) agreements concluded via public auction.
§3 We will confirm receipt of your withdrawal notice as soon as possible and process any refunds within 14 days. For sales agreements, we may withhold payment until we have received all goods back or until you have provided proof that they have been returned, whichever occurs first. Any additional costs resulting from your express choice of a different delivery method than our cheaper standard delivery will be settled first.
10. Return policy
§1 For returns made at your request, we only accept the return of goods if: (i) you notify us in advance, in writing and within 30 days of delivery, what you wish to return and why, citing the order or invoice number; (ii) we may accept or refuse return requests at our sole discretion, which we will confirm in writing. (iii) returned goods must be unused, undamaged, and 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 returns of goods: (i) that were specifically ordered, assembled, or customized for you (e.g., custom-made 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) inspect the condition of the returned goods before proceeding with a refund; (ii) first offset any price increases or depreciation occurred since your purchase against the amount to be refunded.
§4 Returns are always at your own risk and expense. Please pack return goods properly 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 have a legal right to a statutory guarantee of conformity. In the event of a defect, you are entitled to statutory remedies such as repair, replacement, price reduction, or dissolution of the agreement, in accordance with applicable legal provisions. This legal warranty period is 2 years for consumer goods; for second-hand goods, we provide a warranty period of 1 year, both calculated from the date of purchase. Any additional commercial warranty will be explicitly stated in the relevant offer.
§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. In the meantime, you may not perform any acts that affect the functionality or normal wear and tear of the goods in question.
§3 The 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, modifications or changes to the 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 regarding the actions to be taken. The manufacturer covers the necessary costs.
PRICES & PAYMENT TERMS
12. Prices
§1 Unless stated otherwise, 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-imposed levies. These will be applied immediately.
13. Payment
§1 Online payments are processed by external payment providers that encrypt all payment information. We do not have access to your payment details.
§2 It is your responsibility to ensure sufficient balance on your account or credit card and to check that payments are successfully completed. In the event of an 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 split deliveries, we consider each delivery as a separate transaction. You cannot postpone due payments until all partial deliveries or performances have been completed.
§4 Online discount codes are only applicable to online orders. They can be used only once, are not exchangeable for cash, and are not cumulative. You can enter only one discount code per order. The value is settled immediately upon completion of the (online) ordering process.
§5 By way of exception, deferred payment after receipt of the invoice may be permitted, with or without advance or partial payments. In such cases, the final payment date is explicitly stated on the invoice, and any advance or partial payments already made will be deducted from the amount due.
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 invoice.
§2 If the payment deadline is exceeded, we will initiate a collection procedure, whether or not through external parties to whom we will provide the necessary data.
§3 For invoice collection from consumers, we follow the legal 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 date the reminder is sent via email or on the third working day after it is sent by post. 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 Act of 02.08.2002 - combating late payment 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, you will pay €7.50 + postage costs per letter.
You have the right to request information about invoices or to dispute them and may request a repayment 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 time limits.
§4 For invoice collection from businesses, the legal provisions of the Act of 02.08.2002 on combating late payment in commercial transactions apply, including the provisions regarding interest due in Art. 5. In the event of late or incomplete payment, from the due date of the invoice, by operation of law and without prior notice or default, a fixed compensation amounting to 10% of the principal sum is due, with a minimum of €50, plus fixed administrative costs of €12.50 and any bank, postal, and/or transaction costs (if applicable) and, if appropriate, legal costs.
§5 You shall notify us of any scenario that may prevent punctual payment, such as attachment, bankruptcy, voluntary liquidation, reorganization (WCO), or debt mediation.
15. Refunds and reciprocity clause
§1 If you are entitled to a refund, we will carry this out as soon as possible via the same payment method used for the original transaction, unless this proves impossible or you explicitly request another payment method. No interest, transaction, or administrative costs apply to refunds.
§2 As a consumer, you have the right 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 condition precedent of transfer of ownership applies. As long as the retention of title applies: (i) you only receive the goods to use them for their intended purpose and may not trade, alienate, or change their nature without our consent; (ii) you must take the necessary measures at your own expense to protect them against vandalism, theft, frost, and damage. In the event of irreparable damage, theft, or loss due to your actions, you owe us the new value; (iii) you must immediately notify us of any situation in which a third party claims rights to the goods or attaches 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 Belgian Security Rights Act) and/or to initiate legal proceedings to revendicate 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 disruptions 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 do not contain 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 performance of the agreement, order processing, delivery of goods, complaint handling, invoice collection, communication, customer management, accounting, and direct marketing. The legal grounds are performance of the agreement, compliance with 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 access, correct, and refuse the use of your stored personal data for direct marketing purposes via a written and motivated request with proof of identity.
19. Information from third parties and intellectual property
§1 If we share information from third parties with you, this is always intended for informational purposes only. We are not responsible for its content.
§2 All documents, texts, and images 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 damages resulting from non-compliance with our obligations or through intentional gross negligence or fraud. We are not liable for indirect consequential damage except for those cases in which our liability cannot be legally excluded or limited.
§2 Our liability is limited to the coverage of our professional indemnity insurance (details and limits of which we provide upon request). If this does not cover the damage, our liability, both contractual and extra-contractual, is limited to the principal amount and costs (including VAT) you paid for the supplied goods or services in question, unless a higher amount of damage is proven or imposed by a court.
§3 Damages, complaints, or liability claims do not exempt you from your obligation to pay.
§4 If you have ordered goods for another end-user or for resale, we remain bound only by our obligations to you. You assume the responsibilities and legal obligations towards your customer or the end-user.
21. Complaint procedure
§1 We do our utmost to provide you with the service and quality you deserve. Did we unintentionally disappoint you anyway? 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, you must do so in writing, allowing us a reasonable period to propose appropriate repair or compensation measures.
§2 You may also forward 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 performance of the agreement, the courts of your place of residence shall have jurisdiction if you are a consumer, or the courts of our registered office if you are a business.
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 on which 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
