Terms & Conditions
These general terms and conditions include the following subjects:
CONDITIONS FOR SALES THAT DO NOT TAKE PLACE VIA THE WEBSHOP
- Quotations and offers
- Execution of the agreement
- Modification of the agreement
- Obligations of the Client
- Delivery time
- Suspension and dissolution of the agreement
- Force majeure
- Payment and collection costs
- Retention of title
- Liability, indemnity and prescription
- Intellectual property rights
- Processing of personal data
- Applicable law and competent court
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE WEBSITE AND WEBSHOP
1.1 The terms “Canopy”, “we”, “us” and “our” always refer to Canopy, part of Alpino BV located at Leuzesesteenweg 129 in Ronse (Belgium).
1.2 Client: You are a legal or natural person who has entered into an agreement with Canopy.
1.3 Agreement: the agreement between the Client and Canopy.
1.4 Website and webshop: www.canopy.be
1.5 Registration: The registration on our website.
1.6 Products: The products sold by Canopy.
1.7 Purchase: Any purchase of our products not made through the webshop.
1.8 Purchase through the webshop: Every purchase of our products through the webshop.
2.1 These general terms and conditions apply to every offer, quotation and agreement between Canopy and the Client, unless otherwise agreed by the parties in writing or by e-mail.
2.2 We reserve the right to supplement, amend or replace any part of these general terms and conditions. In the event of any change to the general terms and conditions, these changes will be available on the website. When making a purchase at Canopy, you are deemed to agree to the latest version of the general terms and conditions.
3. Quotations and offers
3.1 All quotations and offers of Canopy are without engagement unless a term for acceptance has been set on the quotation or offer. An offer or quotation expires if the product is no longer available in the meantime.
3.2 Canopy cannot be held to its quotations or offers if the client can reasonably understand that the quotations or offers contain an error.
4.1 The agreement is concluded at the moment that the Client has placed an order with Canopy in writing or by e-mail or at the moment that the Client has agreed to Canopy’s quotation or offer in writing or by e-mail.
5.1 If the Client cancels a part of the agreement in whole or in part, the products
or services ordered or prepared for this purpose, plus any supply, disposal and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Client.
5.2 If the Client cancels the order for a custom-made product and production of this product has already started, 100% of the agreed price for the product will be charged to the Client as cancellation costs.
6. Execution of the agreement
6.1 Canopy has the right to have certain activities carried out by third parties.
7. Modifications of the agreement
7.1 If during the execution of the agreement it appears that it is necessary for a proper execution thereof to modify or supplement, then parties will timely and in mutual consultation adapt the agreement.
8. Obligations of the Client
8.1 The Client must ensure that all information indicated as necessary by Canopy or which the Client should reasonably understand as necessary for the performance of the agreement is provided to Canopy in a timely manner.
8.2 The Client guarantees the accuracy, completeness and reliability of the information provided by him.
9. Delivery time
9.1 If a term has been agreed upon for the completion of certain activities or for the delivery of certain products and the Client wishes to deviate from this term, the Client must inform Canopy thereof in advance in writing or by e-mail.
9.2 The delivery period communicated to the Client is not to be regarded as a deadline.
9.3 In the event that a stated delivery period is exceeded as a result of an event that is in fact beyond Canopy’s control and cannot be attributed to Canopy’s actions and/or omissions, this period shall be automatically extended by the period that it was exceeded as a result of such an event.
9.4 Exceeding the specified delivery period shall under no circumstances entitle the customer to compensation or to dissolve the agreement.
10.1 At the request of the Client Canopy may arrange the transport of the order. In such a case, the transport costs are charged to the Client and the risk of the transport rests with the Client. Consequently, Canopy can never be held liable for transport damage.
11. Suspension and dissolution of the agreement
11.1 Canopy is entitled to suspend the fulfilment of the obligations or to dissolve the agreement if:
a. The Client does not fulfil the obligations arising from the agreement, or does not fulfil them fully or in a timely manner;
b. Circumstances which have come to Canopy’s knowledge after the conclusion of the agreement give Canopy good reason to fear that the Client will not fulfil his obligations;
11.2 Furthermore Canopy is entitled to dissolve the agreement if circumstances arise of such a nature that compliance with the agreement is impossible or if circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of Canopy.
12. Force majeure
12.1 Canopy is not obliged to fulfil any obligation towards the Client if Canopy is hindered to do so as a result of force majeure and/or a circumstance that is not due to fault.
12.2 In these general terms and conditions, force majeure is, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, on which Canopy has no influence but which prevent Canopy from fulfilling its obligations.
12.3 Events that are in fact beyond Canopy’s control or can not be attributed to its actions and/or omissions will in any event include: third party obstructions; theft; weather conditions; natural disasters; riots, terrorism, wars or dangers of war; loss of or damage to products in transit; import and export bans; fire; business interruption; traffic disruption; power outage; internet disruption; government measures; changes in laws or regulations.
12.4 Canopy may suspend the obligations of the agreement during the period of force majeure. If this period lasts longer than two months Canopy is entitled to dissolve the agreement without any obligation to pay damages to the other party.
13. Payment and collection costs
13.1 If the Client fails to pay an invoice on time, Canopy is entitled to assign the claim against the Client to a collection agency.
13.2 Objections to the amount of an invoice do not suspend the payment obligation.
14. Retention of title
14.1 All products delivered by Canopy within the framework of the agreement remain the property of Canopy until the client has properly fulfilled all obligations arising from the agreement(s) entered into with Canopy.
15.1 All provisions relating to warranty are specified in the warranty policy.
16. Liability, indemnity and prescription
16.1 The responsibility for the correct and safe setting up and use of the product is entirely the responsibility of the Client or the end customer. The product can be set up in different ways. Canopy can never be held liable for any damage suffered by the Client, the end customer or a third party during or after the set-up or use of the product. The setting up and use of the product is entirely at own risk.
16.2 Canopy is in no case liable for any damage arising or caused by the product being used contrary to the instructions or used for any purpose other than its intended use.
16.3 Canopy can never be held liable for damage caused by improper maintenance or neglect of the product.
16.4 Canopy is never liable for indirect damages, including consequential damages, loss of profit, labour costs, imposed fines, reputational damage, missed savings and damage due to business stagnation.
16.5 The limitations of liability included in this article do not apply if the damage is due to intent or deliberate recklessness of Canopy or its supervisor or subordinates.
16.6 Rights of action of the Client towards Canopy will in any case lapse after the expiry of 1 year from the moment at which an event occurs that the Client can exercise these rights and/or competencies towards Canopy.
17. Intellectual property rights
17.1 All intellectual property rights, including copyright, relating to the website, photographs, images, drawings, texts, brands, trade names, corporate identity and logos and where it concerns data provided by Canopy to the Client, remain with Canopy or its licensor(s). The client must respect the intellectual property rights of Canopy and its licensors at all times.
18. Processing of personal data
18.1 We comply with the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (“GDPR” or “AVG”). You agree that we collect and process your personal data for commercial purposes, in particular in the context of debt management, financing and debt collection, as well as marketing and promotion. These data may be used by us, as well as by the other affiliated companies or sub-contractors, which will at all times provide appropriate guarantees in terms of personal data protection, for the purposes of commercial prospection, analysis and research, guarantee schemes of Products, as well as for the maintenance and management of the website. The data will be kept throughout the lifetime of the commercial relationship and, where appropriate, also thereafter, in order to allow us to comply with our legal obligations. You have a right of access, rectification and deletion of your data, as well as a right to object to the processing of your data based on a legitimate interest. You also have the right to object, free of charge and without justification, to the use of your data for direct marketing purposes. In order to exercise these rights, you must send a signed and dated request, accompanied by a recto/verso copy of your identity card or a legal representative, to Canopy’s registered office.
19. Applicable law and competent court
19.1 All legal relationships to which Canopy is a party shall be governed exclusively by Belgian law.
19.2 All disputes between the parties arising from the agreement or in direct or indirect connection therewith will in the first instance be judged by the court.
20.1 You need to register once on this website in order to purchase Canopy products through the webshop. You will receive unique login information upon registration. You are therefore personally and exclusively liable. We protect ourselves against all damage resulting from the loss and/or use by third parties of your unique login details.
20.2 You confirm that you provide current, complete and accurate personal data during registration.
20.3 By agreeing to these terms and conditions, you declare that you are of age.
21.1 Models, samples or examples serve only as illustration on this webshop. The products may therefore differ from the models, samples or examples shown.
22.1 Prices are always quoted in EURO (including VAT).
23.1 Payment for our products is made online at the time of purchase. We will not be liable for any damages resulting from the use of online means of payment, except in the case of our deliberate misconduct or fraud.
24.1 You must notify us of any visible defects in the Products under pain of forfeiture, and in any event prior to any commissioning, processing or transformation, within a period of 3 working days following delivery. You must notify us within 3 working days following the day on which you discovered or should reasonably have discovered the hidden defect, under penalty of expiry.
24.2 As a Client, you can also submit a complaint via the European online dispute resolution platform.
Questions about these terms and conditions should be sent to us via firstname.lastname@example.org.