Terms and conditions

SALE AND DELIVERY TERMS PGB-EUROPE NV

 

  1. GENERAL
    The following conditions are, unless and in so far as agreed otherwise for each transaction, applicable to all offers and deliveries made by pgb-Europe. Reference by buyers to their own purchase, tender or other conditions are not applicable unless expressly accepted by pgb-Europe in writing. Promises and declarations by and agreements with our representatives are only binding on us in so far as they are confirmed by us in writing.

  2. PRICES AND OFFERS
    Unless expressly stated otherwise, our offers and prices in our catalogues are never binding. Orders accepted by the representatives and/or agents bind the seller only to the extent that these orders are confirmed in writing.

  3. DELIVERY PERIODS
    The delivery dates stated are only an indication. We accept no liability for payment of damages arising from late delivery.

  4. DELIVERY
    The goods are transported at the receiver’s risk and peril, even if they are sent carriage paid.

  5. COMPLAINTS AND LIABILITY
    The buyer must check the conformity of the goods on receipt in terms of measurements, quantity, material, finish etc. The buyer must complain in writing within 3 days of receipt of the goods about any externally visible defects, otherwise any claim for these will lapse. In addition, if the goods have already been used or worked on, no complaint whatsoever will be considered. The buyer will only be able to refer to hidden faults in so far as they have come to light within 3 months counting from the receipt of the goods, and then on the condition that he informs the seller of this in writing within 8 days counting from the discovery of the fault. In that case the buyer’s rights shall be limited to replacement of the goods delivered with the exclusion of any payment of damages.
    pgb-Europe is not liable for faults in goods which it has obtained from third parties. It shall instead transfer and assign to the customer all claims that it can make concerning these against the supplier. Without prejudice to the above, the liability of the seller for damages arising from the delivered goods shall be in any event limited to their net price. All claims concerning damage to business or other indirect damage such as assembly costs, injury to people or damage to goods, are specifically excluded.

  6. PAYMENT
    Unless otherwise agreed, payment must be made within 30 days from the invoice date, without the deduction of any discount, at the registered office. The only date of payment is that on which our account is credited. Interest for late payment will be charged at 15 % per annum from the due date of the invoice by legal right and without notice of default. In the event of non-payment on the due date, the amount outstanding will be increased by legal right by a penalty for damages of 10% with a minimum of EURO 75. This amount may not be offset against any legal costs, nor the settlement of the legal claim, nor settlement of expenses, nor against the interest. The non-payment of an invoice by its due date allows us to claim the total balance on the debtor’s account and we reserve the right to cease or review any ongoing transactions entirely or in part, this being without any formalities and reserving the right to settlement of claims for damages. The buyer does not become the owner of the goods sold until the amounts outstanding have been entirely settled. The buyer hereby agrees that there exists a reservation of title in favour of the seller until the purchase price is paid and that in the event of default the goods can be claimed back by the seller. The risks to which the goods may be subject are nevertheless borne by the buyer as soon as they put at his disposal.


  7. CIRCUMSTANCES BEYOND ONE’ S CONTROL
    In the event that the seller is not in a position to fulfil one or several of his obligations as a result of circumstances outside his control, he is entitled without any legal intervention to declare himself by registered post released entirely or in part from the agreement, without being liable for any damages.

  8. JURISDICTION
    In the event of a dispute only the jurisdiction of the corporate court, department Gent, of the Ghent district and the justice of the peace of the Merelbeke canton applies.

  9. INTELLECTUAL PROPERTY
    The information on the website of pgb-Europe may only be downloaded for information purposes for own use. Any other use is prohibited.
    All texts, drawings, images and data as well as all brands, logos and other components of this website are protected by intellectual property rights which are owned by either pgb-Europe or other right holders. The entire or partial presentation, reproduction, distribution, sale, distribution, publication, adaptation and use for commercial purposes in any way, as well as the electronic storage or use for unlawful purposes, is prohibited without the prior written permission of pgb-Europe.

  10. IMAGES AND ILLUSTRATIONS ON THE WEBSITE
    The illustrations, data and descriptions on this site are not binding and are purely illustrative. pgb-Europe reserves the right to change its products without prior notice. Despite pgb-Europe is publishing product data with due care, the website may contain information with incorrect or incomplete technical data, wrong links or printing errors, which will be corrected as soon as possible at the discretion of pgb-Europe in case of detection.

Privacy Policy

This privacy policy applies to data processing performed by pgb-Europe - company name: NV pgb-Europe (Public Limited Company pgb-Europe), with registered office at 170 Gontrode Heirweg, 9090 Melle, Belgium, registered in the Crossroads Databank for Enterprises under number 0425.888.396 - and each of its allied companies which use the data or information collected via the following address: URL (hereinafter: https://www.pgb-europe.com) and via all possible sub-domains of this Website.

If you use this Website as a visitor, or if you decide to subscribe or register, or opt to share information on this Website, you declare your consent to such data being used in accordance with the present Privacy Policy. Please bear in mind that this Website may contain links to other websites which may not be subject to this Privacy Policy, and for which pgb-Europe is therefore not responsible or liable.

Nevertheless, pgb-Europe reserves the right to change this Privacy Policy at any time, without prior notification, in order to respect (changing) legal obligations and/or improve the service provided to you. We therefore recommend that you consult the Website regularly.

Data Collection

Via its Website, pgb-Europe collects personally identifiable information, including the contact details provided by the (un-)registered visitor of the Website in the context of an order, information request, or registration. The visitor hereby grants pgb-Europe his or her unambiguous and free consent to use this personal data subject to the conditions of, and for the purposes mentioned in, this Privacy Policy. The visitor may withdraw this consent at any time, and this withdrawal shall only have effect with respect to the future.

Of course, it is also possible for the visitor to visit the Website without providing any information and without registering. The visitor will be obliged to declare acceptance of this Privacy Policy in the event of registration, and in the context of voluntary subscription to the “Newsletter” which can be found on the Website under the heading “Subscribe to Newsletter”.

pgb-Europe does not retain collected data for longer than permitted by law, and never longer than necessary for the purposes mentioned below.
Customer data is kept for ten years from the last order, except data relating to subscription to the newsletter which is kept until the client unsubscribes from the mailing list.

Use of Personal Data

Data left by the visitor in the context of use of the Website (see, amongst others, described above) will be processed in accordance with the Act of 8 December 1992 for protection of privacy with regard to the processing of personal data (hereinafter referred to as: the Privacy Act) amended by Act of 11 December 1998, and the Electronic Communication Act of 13 June 2005 and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

pgb-Europe acts as controller for the processing of personal data, and shall process this information for the following purposes: visitor administration in the context of the performance of an agreement or pursuant to the consent of the party in question (inter alia, confirmation email regarding log-in information, the processing of orders and information requests, the practical aspects of competitions or campaigns), direct marketing, including the dispatch of a newsletter and the dispatch of offers which could create added value for the visitor, improvement of the content and the quality of the Website, improved alinement of the Website with the interests, needs and wishes of its visitors in the context of the justified interests of the controller or of a third party, or pursuant to consent of the party in question and the accurate keeping, rectification and completion of the personal data required by law.

pgb-Europe takes care to ensure that its marketing activities comply with the applicable legislation, and will ensure that the necessary consent is obtained before the visitor receives emails or other electronic messages containing information on pgb-Europe or one of its partners. The visitor may at any time request that such information is no longer sent.

Each visitor has the right to information and to access, change, rectify, transfer, restrict or remove his or her data, free of charge. The visitor may also oppose the processing of his data for direct marketing purposes free of charge by simple request.

pgb-Europe takes all reasonable steps to guarantee the confidentiality of the personal data transferred by the visitor. However, each visitor recognizes that providing personal data via the internet is never without risk. The visitor therefore acknowledges that any direct or indirect damage which he or she may suffer as a result of the illegal or unlawful use of his or her personal data by unauthorised third parties can never be attributed to pgb-Europe, and the latter cannot be held liable for this.

Transmission of Data to Third Parties

Although pgb-Europe may possibly transfer personal data to so-called service providers which process this data on its behalf, pgb-Europe shall not share any data with third parties for secondary or unrelated purposes unless stated otherwise at the time of collecting this data. Employees of pgb-Europe and third parties enlisted by the pgb-Europe are obliged to respect the confidentiality of the data on the Website.

Where appropriate or required, pgb-Europe can and shall pass on personal data to law enforcement services, regulatory or other government instances, or third parties, if this is necessary or desirable for compliance with legal or regulatory obligations, or in the context of the purposes mentioned above.

Possibility to Register a Complaint

The party in question has the right to register complaint with a supervisory authority, without prejudice to the possibilities of administrative appeal or legal remedy.

 

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POLICY SUMMARY

Personal data is collected for the following purposes using the following services:

Analysis
- Google Analytics, Hotjar Form Analysis & Conversion Funnels and DeepDive Logging Personal data: Cookie; Usage data
Monitoring the infrastructure
-New Relic
Personal data: different Data types described in the privacy policy of the service
Contact with the User
- Contact Form
Personal data: surname; e-mail address; company name; Postal Code; First Name; workfield
- Call
Personal data: telephone number
- Mailing list or newsletter
Personal data: surname; address; profession; e-mail address; sex; country; company name; Postal Code; city; telephone number; First Name; website
Manage contacts and send messages
- Mailchimp
Personal data: surname; address; e-mail address; sex; country; company name; telephone number; First Name
- HubSpot Email
Personal data: e-mail address; Usage data
Transfer of Personal Data outside the EU
- Transfer of Personal Data abroad based on standard contract provisions
Personal data: different data types
Heat maps and registration of sessions
- Hotjar Heat Maps & Recordings
Personal data: Cookie; Usage data; different Data types described in the privacy policy of the service
Interaction with online survey platforms
- Hotjar Poll & Survey widgets
Personal data: Cookie; Usage data; different Data types
Interactions based on location
- Non-continuous geolocation
Personal data: geographical location
Registration and verification
- Direct registration
Personal data: surname; VAT number; e-mail address; billing address; user name; House number; country; company name; Postal Code; city; language; telephone number; First Name;
Remarketing and behavioral advertising
- Remarketing with Google Analytics
Personal data: Cookie; Usage data
Tag Management
- Google Tag Manager
Personal data: Cookie; Usage data
Display of content from external platforms
- YouTube video widget and Google Maps widget
Personal data: Cookie; Usage data

Further information about Personal Data

Selling products and services online
The Personal Data collected is used to provide services to the User or to sell products, including payment and delivery.
The Personal Data collected to make the payment may concern the credit card, bank account used for the transfer or other payment method. The type of Data collected by this Application depends on the payment system used.

Personal data collected from sources other than the User
The Owner of this Application may lawfully have collected Personal Data regarding Users without their knowledge, by reusing them or acquiring them from third parties on the grounds stated in the article on the legal basis for processing.
If the Owner has collected Personal Data in such a way, Users can find specific information about the source in the relevant articles of this document or by contacting the Owner.

Contact information
directie@pgb-europe.com

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