These current General Terms and Conditions are valid from January 1, 2023, and apply to all sales transactions conducted by C&S Contractor Safety BV. These terms and conditions take precedence over any general provisions that may appear in the buyer's documents, unless C&S explicitly and in writing waives these terms and conditions. C&S reserves the right to amend or modify these terms and conditions at any time. The most recent version is available on the website https://www.csworkwear.eu/en/. In the case of amendments, the terms and conditions in effect are applicable on the day of the order. Every buyer, hereinafter referred to as the "Customer," is deemed to have read and accepted these terms and conditions upon placing an order.
C&S Contractor Safety BV communicates with the Customer through the provided addresses, email details, and during the specified business hours. It is the explicit responsibility of the Customer to immediately notify C&S Contractor Safety BV of changes in address information, email addresses, or business hours.
Under no circumstances can C&S Contractor Safety BV be held liable for damages, delays, or any other consequences resulting from the untimely or incorrect communication of changes in address, email address, or business hours by the Customer.
ART. 1.: Deliveries and Invoicing
ART. 1.1:
Orders placed in any way are deliverable according to the delivery options of C&S Contractor Safety BV. Delivery times are indicative. Changes in delivery times do not constitute a breach of the contractual obligation and do not give rise to any compensation. A fee of 1 euro is charged for each order. For orders up to 75 euros, excluding VAT, an additional amount of 9.9 euros is charged. For personal protective equipment, C&S Contractor Safety BV may apply different handling costs. The goods travel at the risk of C&S Contractor Safety BV. C&S Contractor Safety BV has the right to have the goods delivered by a third party.
Deliveries take place at a central delivery point specified by the customer. C&S Contractor Safety BV uses a mobile application to receive the electronic signature of the Customer upon delivery, along with any comments on the delivery. This information is immediately available to various departments within C&S Contractor Safety BV.
C&S Contractor Safety BV has the right to deliver orders in parts and bill accordingly. In the case of call-off orders, all goods must be called off within 6 months following the order. From the expiration of this 6-month period after the order, C&S Contractor Safety BV has the right to invoice all goods that were not called off. The delivery of these goods occurs after full payment.
Our standard method of invoicing is PDF invoicing. The Customer shall provide the correct email address at the beginning of the agreement and subsequently, any failure to provide or update a correct email address is not a reason for non-payment.
ART. 1.2:
The following specific provisions, in deviation from C&S Contractor Safety BV's general terms and conditions, apply to all home delivery
services offered by C&S Contractor Safety BV:
It is possible to have products that are typically available to the Customer delivered to the employee(s) of the Customer's home. C&S Contractor Safety BV reserves the right to refuse purchase orders for product(s), especially when there are excessive quantities or volumes.
Transport costs of 7.95 euros are charged for each purchase order under 150.00 euros, excluding VAT, which must be delivered to the Customer's employee at home. These shipping costs will be clearly indicated to the Customer's employee during the order placement.
For home deliveries, delivery times may differ from C&S Contractor Safety BV's standard delivery times, and these different times will be communicated to the Customer's employee at the time of ordering. The Customer's employee who places the order for home delivery must be present at home on the day of delivery by C&S Contractor Safety BV to accept the products. In the event of the absence of the Customer's employee(s), C&S Contractor Safety BV reserves the right to charge additional fees for a new delivery attempt to the Customer's employee who fails to receive it.
Please note that products delivered via home delivery are not eligible for C&S Contractor Safety BV's 14-day return policy and, therefore, cannot be returned or exchanged.
The billing and payment conditions in effect are the same as those applicable to the Customer for all other regular purchase orders, unless different terms have been agreed upon and approved by C&S Contractor Safety BV.
All other provisions in C&S Contractor Safety BV's general terms and conditions that are not changed or modified in this section remain in force between C&S Contractor Safety BV, the Customer, and the Customer's "employee." The Customer hereby authorizes and remains fully responsible for all orders placed by their employees and for the use of their login credentials on the C&S Contractor Safety BV webshop, regardless of the delivery location.
ART. 2: Reservation of Ownership
If specifically agreed, the delivered products remain the property of C&S Contractor Safety BV until the full price, including the principal amount and related costs, is fully paid. The above does not affect the transfer of risks concerning the loss and damage of the delivered goods, which occurs once the goods are delivered to the Customer.
ART. 3: Products
The products of C&S Contractor Safety BV comply with the applicable local legislation. The choice of products remains the exclusive responsibility of the Customer. It is the responsibility of the Customer to assess their needs and ensure that the selected products are compatible with their requirements and intended use. The Customer bears full responsibility for the storage and use of the ordered products. C&S Contractor Safety BV cannot, in any case, be held liable in this regard.
It is the Customer's responsibility, before placing an order or using a delivered product, to consult product information, including but not limited to safety instructions, usage guidelines, and other relevant data. This information is available on the website of C&S Contractor Safety BV, the manufacturer's website, on the packaging, and/or in the documentation provided with the products.
The descriptions and information provided in the catalogs of C&S Contractor Safety BV, whether in print or online, are not exhaustive and are for informational purposes only. Depending on the nature and intended use of the purchased product, the Customer is obliged to strictly follow all safety instructions and recommendations provided by the manufacturer and use the purchased products correctly.
Images and illustrations of products, whether in the catalogs of C&S Contractor Safety BV and/or on the website https://www.csworkwear.eu/en/, are not binding. The list and specifications of the products may be changed and adjusted at any time. The product offering is available while supplies last. C&S Contractor Safety BV reserves the right to refuse certain orders.
ART. 4: Complaints - Returns
The Customer must immediately inspect the delivered goods for conformity. After a period of 15 days from the receipt of the product, C&S Contractor Safety BV reserves the right to reject any complaint. In any case, products can only be returned to the delivery address if they are in perfect resale condition and in their original, undamaged packaging. For personal protective equipment that is not standard stock items, returns are possible only after prior consultation with and approval by C&S Contractor Safety BV. C&S Contractor Safety BV does not accept product returns without prior explicit consent. The following products are not eligible for return and/or replacement:
• Products directly supplied by the manufacturer.
• Food items and products with an expiration date.
ART. 5: Warranty
C&S Contractor Safety BV provides a standard warranty valid for one month from the delivery date.
ART. 6: Prices
Our prices are indicative and are expressed in euros, excluding taxes. The applicable rates are those in effect on the day of the order and are available on our website https://www.csworkwear.eu/en/. Since our prices are based on agreements with suppliers, we reserve the right to adjust them at any time. Please note that our prices do not include assembly and installation costs. We aim to ensure that our prices always at least correspond to the purchase price, and in the case of a price increase, we automatically adjust our prices.
ART. 7: Payment Terms
Payments must be made in euros within 15 days from the invoice date. These payments are subject to financial approval of the dossier and must be made without any early payment discount. Additionally, C&S Contractor Safety BV offers the option of direct online payment via credit card. We reserve the right to review the granted payment terms in the event of a deterioration in the Customer's financial position or a failure to make timely payments. If payment is not received in a timely manner, we reserve the right to postpone new deliveries, terminate the granted payment term, and make all outstanding amounts immediately due and payable. In the case of late payment, the invoice amount will be automatically increased by 10%, without the need for prior notice. Furthermore, a conventional interest of 1% per month will be due automatically, without prior notice, with a minimum rate corresponding to the legal interest rate set by the law of August 2, 2002, regarding the fight against late payment in commercial transactions. Regardless of the foregoing, we reserve the right to require a prepayment. We have the right at all times to set off our claim against the Customer with any counterclaim of the Customer or a company related to the Customer. Any complaint regarding invoicing that is not submitted in writing within 10 days to C&S Contractor Safety BV is considered late and inadmissible.
ART. 8: Confidentiality
The Customer undertakes not to disclose any information received from C&S Contractor Safety BV regarding the delivery of products and prices. C&S Contractor Safety BV agrees not to use this information, in any form, for purposes other than processing orders at C&S Contractor Safety BV.
ART. 9: Protection of Personal Data (Privacy)
C&S Contractor Safety BV commits to complying with all applicable laws and regulations concerning the protection of personal data, especially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), including all relevant provisions, directives, recommendations, or amendments, as well as any additional and/or replacement regulations. C&S Contractor Safety BV maintains a comprehensive privacy policy available on its commercial website.
ART. 10: Intellectual Property
Regarding customizable products, the Customer:
(i) grants C&S Contractor Safety BV permission and provides a temporary license to produce personalized products on their behalf,
(ii) guarantees that the personalized products do not infringe on the rights of third parties.
The Customer further assures C&S Contractor Safety BV that they have all the necessary rights to include the desired modifications in the products. C&S Contractor Safety BV cannot, in any case, be held liable for the infringement of third-party rights resulting from the Customer's modification of products. The Customer agrees to reimburse C&S Contractor Safety BV for all costs and damages arising from any legal action taken against it in connection with the infringement of the aforementioned rights. C&S Contractor Safety BV reserves the right to refuse any order for custom-made products containing words or images deemed inappropriate, unethical, or illegal at its sole discretion.
ART. 11: Limitation of Liability
For events related to the delivery of the product to the Customer, C&S Contractor Safety BV cannot, in any case, be obligated to pay compensation exceeding the cumulative amount of the invoiced amounts to the Customer over a period of 3 months, with a maximum limit of 10,000 euros, except in cases of bodily injury.
ART. 12: No Waiver
The fact that C&S Contractor Safety BV does not rely on a provision of these general terms and conditions cannot be considered a waiver of its right to rely on that provision later.
ART. 13: Applicable Law and Competent Court
Belgian law applies to all legal relationships between C&S Contractor Safety BV and the counterparty. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, is explicitly excluded.
All disputes between C&S Contractor Safety BV and the Customer fall under the exclusive jurisdiction of Belgian courts. For disputes in Dutch, the courts of Tongeren have exclusive jurisdiction, and for disputes in French, the courts of Liège have jurisdiction.
ART. 14: Prohibition of Resale
The Products are sold to the Customer for end use and may not be resold to third parties without prior written consent from C&S Contractor Safety BV, under penalty of compensation.
