Terms and conditions of sale
Article 1 : General provisions
Agripp, a private limited liability company and herein after referred to as ‘Agripp sprl’, administers and edits www.agripp.com [link to another website], a commercial website. These general conditions apply to the sale transactions of products and services executed via www.agripp.com [link to another website]. Furthermore, these general conditions cover the entirety of obligations of all parties, all orders placed by the Buyer, all sales contracts and any additional services. By proceeding with access to www.agripp.com, the Buyer is deemed to have accepted and to abide, without reserve, by these conditions. The Buyer is also deemed to recognise that such acceptance of, and adherence to, these conditions do not therefore require the presence of signatures on this document.
These general conditions of sale exclude, except by written authorisation by the Seller, all general conditions and particularities. No departure from these general conditions of sale can be authorised without confirmation in writing by the Seller.
The nullity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. Should the need arise, the parties will cooperate to replace the null or inapplicable clause by a valid clause which represents the closest commercial meaning to the invalid or inapplicable clause. That the Seller may not exercise these general conditions at any given moment cannot be interpreted as a renunciation of the right to exercise these general conditions at a later date.
Article 2 : General description of products and services
Agripp sprl presents and describes its products on its website in accordance with the Consumer Code, which makes provisions for informing the Buyer of the characteristics of the goods and services that he or she wishes to purchase before entering into a contract. Agripp sprl also provides the Buyer with the opportunity to contact the company by telephone or email to receive any additional information on the products and services presented on its website.
The products and services offered by Agripp sprl on its website are valid as long as they are available in stock, and Agripp sprl reserves the right to modify the products and services offered at any time without prior notice. The photographs of the products are for illustrative purposes and do not constitute a legally binding contractual offer. Agripp sprl cannot be held responsible for any errors which might occur on the website. The choice and purchase of a product or service are the sole responsibility of the Buyer.
Article 3 : Contracts, applicability and electronic signature
The contract is constituted by the following contractual documents, listed in order of importance: current general conditions of sale, order form. Should contradicting terms and conditions arise between these two documents of differing contractual importance, the terms and conditions of the contractually superior document will prevail.
The current general conditions of sale come into effect on the date of signature on the order form. The current general conditions of sale are enforceable for the required duration of the provision of the goods and services subscribed to, until the expiry of the guarantees provided by Agripp sprl. The “double-click” executed by the Buyer on the order form constitutes an electronic signature which has, between the parties, the same contractual value as a written signature.
Article 4 : Order confirmation
The contractual information provides the basis of a confirmation sent via email, telephone, fax or post to the address stated by the Buyer on the order form, or at the very latest upon delivery. The sale will only be deemed to be entered into upon confirmation by Agripp sprl and will only be considered to come into effect upon authorisation by the bank payment centres concerned. Any new order can only be executed after prompt and proper receipt by Agripp sprl of payment for previous orders from the Buyer.
Article 5 : Prices, payment and failure to pay
Except in case of any reference to the contrary, our prices are expressed in Euros and are inclusive of VAT. Our prices do not include delivery costs, which are charged separately. The Buyer will always be informed, before the order is processed, of the delivery costs to be incurred by the order and the Buyer will be required to pay the total amount due.
The sale price is that which is stated on our current prices the day of the sale transaction or placing of order. Agripp sprl reserves the right to change the prices of the products and services, as well as postage and packaging, at any moment as a consequence of changes imposed by suppliers and subcontractors. Whilst every effort is made to edit the prices and text, they may be suject to typographic errors.
The minimum order requirement is 100 Euros, inclusive of all tax. Orders between 100 and 1000 Euros require the total amount due to be payed before delivery. Orders of more than 1500 Euros may be payed 30 calendar days following receipt of delivery (this offer is solely for orders placed by climbing clubs).
Any complaints or queries relating to the invoice must be notified to the Seller no later than two weeks following receipt of the invoice, after which time the complaint or query will not be valid. In case of legal recovery of debts, the Buyer will be liaible to also pay all reasonable costs incurred by the recovery, including lawyer’s and administrative fees.
Article 6 : Promotional offers and discounts
Agripp sprl provides promotional offers on its brochure and/or to customers on various occasions (on offer on a partner site, mailshots, etc.). Promotional offers cannot be accumulated and cannot be used in conjunction with sales and other promotions. All promotional offers have an expiry date and are subject to a minimum order requirement. Certain promotional offers are only valid for first-time purchases on www.agripp.com [link to another website].
Article 7 : Payment options
The Buyer is provided with a range of payment options. The Buyer is deemed to guarantee Agripp sprl that he or she has all necessary authorisation to execute his or her chosen payment method for the placement of the order. Agripp sprl reserves the right to suspend any order and delivery should a bank card by refused by the relevant authorities or in case of non-payment. In particular, Agripp sprl reserves the right to refuse delivery or to honour an order submitted by a Buyer that has not payed, either in full or part, a previous order or with whom a payment dispute is being settled.
Article 8 : Product availability
For Agripp sprl climbing hold transactions, the order will be made up within 7 days from the date of receipt of order, providing the product is in stock. For climbing hold products not in stock, the order will be made up within 21 days from the date of receipt of order. However, delivery dates are specified for information purposes and may vary according to the size of the order.
For products for sale from other suppliers on www.agripp.com [link to another website], the order will be made up within 7 days from the date of receipt of order, providing the products are in stock in the Agripp sprl warehouses. For such products not held in the Agripp sprl warehouses, the sale is valid subject to available stocks held by the suppliers. In this situation, the Buyer will be informed of product availability based on the information given by the suppliers. Such information provided by the suppliers and any resulting errors and modifications are outside the control of Agripp sprl.
Where a product is not available, Agripp sprl will notify the Buyer by email, post, or telephone at the earliest opportunity. The Buyer will have the choice of either claiming a refund, within 30 days of date of purchase, or an exchange. Agripp sprl cannot be held responsible for any damages or losses incurred by the inavailability of products from our suppliers.
Article 9 : Delivery and problems arising from transportation
Our products are dispatched to the Buyer from the headquarters of the Seller. Consequently, the Buyer bears the delivery costs (which vary according to the number, weight and type of products ordered, as well as the delivery address) and the risks pertaining to the delivery. Agripp sprl will cover postage and packaging costs upwards of a certain size of order. Delivery dates supplied are understood by the Buyer to be provisional. The order will be delivered to the address stated on the order form.
It is the Buyer’s responsibility to check the condition of the packaging upon delivery and any damages incurred during transportation, such damages are to be notified to Agripp sprl within 7 days after receipt of the goods. Agripp sprl cannot be held to account for any problems associated with delivery (damage, broken or missing items, damaged packaging) caused by the deliverer, except in specific cases where evidence can be given of faulty packaging of goods considered to be fragile caused by Agripp sprl.
In no situation can delayed delivery, except in exceptional circumstances, give rise to the Buyer reclaiming the cost of the order, or the Seller paying compensation for damages caused.
Article 10 : Delivery anomalies and error on the part of the buyer
It is the Buyer’s responsibility to bring forward, the same day as receipt of delivery or by the third working-day at the latest after receipt of delivery, to Agripp sprl all claims concerning delivery errors and/ or the non-conformity of the products, either in their characteristics or in their quality compared to the information indicated on the order form. Any claim received after this time frame will be rejected. Claims can be notified to Agripp sprl by calling +0032 (0) 475 730 712 or by sending an email to .
Any claim not submitted according to the above rules and in the defined time frame will not be considered and frees Agripp from all responsibility towards the Buyer. Where a delivery or exchange error occurs, all products requiring an exchange or reimbursement must be returned and in its original packaging to Agripp sprl, following written agreement (via email), to the following address: rue van Ysendyck 44, 1030 Brussels. The consignment costs are the responsibility of Agripp sprl solely for returns by post, except where the product taken back does not match the item requested by the Buyer on the replacement order.
Article 11 : Returns
It is the Buyer’s resonsibility to return, at his or her expense, unsuitable products within 10 working-days. The returns period runs from the day of receipt of delivery. Agripp sprl must be notified in advance of all returns by telephone on +0032 (0) 475 730 712 or by email at .
Returns will only be accepted if sent along with the rest of the order and in its original packaging, complete and intact, and in perfect condition of sale. Any product that has been damaged, or where the packaging has been damaged, will not be taken back or exchanged. Agripp sprl reserves the right to determine in good faith if these terms and conditions are respected.
This right does not incur additional costs, except the costs incurred by returning the products. Where the Buyer does return a product(s), the Buyer is entitled to either a refund or an exchange. Where an exchange occurs, the Buyer will bear the delivery costs. Where a refund occurs, the Buyer will be credited on his or her bank card for the delivery costs, or by cheque.
Article 12 : Reservation of titles
The delivered products remain the property of the Seller until full payment is received, including payble interest due for non or late payment and compensation costs. Failing receipt of payment, the Seller reserves the right to take back the goods at the expense of the Buyer; holding the goods until full payment is received. The Seller cannot resell the goods without the written agreement in advance from the Buyer.
Article 13 : Transfer of title and transfer of risks
The transfer of title and the transfer of risks associated with the purchased goods occurs upon delivery, defined as the date on the delivery note.
Article 14 : Guarantee and after sales service
In accordance with the Civil Code, the current provisions do not impinge upon the Buyer’s right to the legal guarantee obliging the commercial Seller to guarantee against all consequences arising from hidden defects in the purchased item. The Buyer is expressly informed that Agripp sprl private limited liability company does not produce the totality of the products presented on the website. Consequently, in case of bodily harm or property damage caused by a product defect, only the party responsible for the actual defect can be liable to the consumer, based upon the information stated on the product packaging.
All reports of visible flaws or defects in the delivered products must be notified to the Seller within 7 days after delivery. Receipt of these products by the Seller or their employees assures the guarantee against visible flaws.
All reports of hidden defects in the delivered products must be notified to the Seller within 15 days after the defects are first noticed by the Buyer. No product can be sent back to the Seller without agreeing in advance and without written authorisation from the Seller.
For 1 year starting from the delivery of the goods, the Seller’s guarantee is exclusively limited to the repair or replacement of faulty goods, or reimbursement or reduction in invoice costs, excluding any other compensation. Furthermore, the Seller’s responsibility is void in case of damage or injury caused jointly by a purchased good and by the injured person or by a person for whom the injured person is responsible. The guarantee expires after 1 year.
The guarantee does not cover :
- inappropriate use or using the products or for other than the intended purpose. For climbing holds, refer to the online section Directions for Use of Agripp Holds.
- defects and consequences related to any external causes.
Article 15 : Force majeure
The occurrence of any event considered fortuitous or force majeure (an act of God, circumstances outside a party’s control and which cannot be prevented despite all reasonable efforts, unpredictable, unavoidable), and more generally, all event of a similar nature affecting the parties or their suppliers and delaying or rendering impossible the execution of their respective obligations, suspends the execution of their respective obligations. The party that cites such an event will notify the other party immediately. The execution of their obligations will be suspended until notification that said event has ended, being understood that no party will be able to claim damages against the other party.
The parties will make all efforts to reduce the inconveniences and/or the resulting damages. If the force majeure lasts for more than 60 days, the parties will make every effort to renegociate the subsequent execution of the sales contract. Failing agreement, each party has the right to cancel the contract by written notification to the other party.
Article 16 : Privacy policy
The processing by the Seller of personal information received from the Buyer is undertaken for the purpose of executing the sales contract, customer account administration, promotion of products and services from the Seller, news updates tailored to the Buyer’s needs and direct marketing, by means of email correspondence.
At any moment, the Buyer is entitled to access, manage and rectify, free of charge, their personal information in accordance with the 8 December 1992 law relating to data protection concerning the processing of personal information. The responsible officer for data protection is the administrator appointed by the Seller’s Managing Director.
Article 17 : Choice of law and jurisdiction
These current general conditions are presided over by Belgian law, even in case of appeal of guarantee. Any dispute arising from the content, execution,or interpretation of these general conditions as well as any contract to which they apply and which cannot be amicably resolved shall be submitted to the exclusive jurisdiction of Brussels, except where the Buyer was acting for non-commercial purposes, in which case, the dispute is submitted according to the choice of the person submitting the case, to the jurisdicion designated by article 624, 1°, 2° or 4° of the Judicial Code.