Terms and Conditions
Customer Information and Hexago . Terms and Conditions
- Terms & Conditions
- General – Validity of the conditions
Current General Terms and Conditions (GTC) apply to all our contracts. They also apply to all our future trade relationships.
The general terms and conditions of sale or purchase of the professional customer or consumer that contradict or deviate from Hexago’s general terms and conditions of sale are not recognized unless their validity is expressly approved in writing by Hexago prior to the conclusion of the agreement. In this case, they are only valid for the agreement to which the approval relates.
Hexago’s general terms and conditions of sale also apply if Hexago has delivered to the customer without reservation, although it was aware of the conflicting or deviating terms and conditions.
- Communication with the customer
When placing an order, the customer is obliged to provide a personal and valid e-mail address, the validity of which does not expire to the knowledge of the customer during the total duration of the order. The customer shall ensure that any Spam filter (local or with its own provider) does not prevent the customer from receiving E-mail from Hexago in good order. The Email address will also apply to possible subsequent orders until the customer has sent a notification of change.
Hexago is authorized, but not obliged, to send various types of messages – including messages that are essential for the communication relationship and correct implementation of the contract – by means other than electronic mail. In particular, the customer cannot demand that messages addressed to the customer be communicated by telephone, letter, fax or other form of telecommunications or SMS messages, nor can the customer deny that messages sent in the above manner, absent, when Hexago has sent the message to the E-mail address mentioned in paragraph 1.
Messages from Hexago, which are sent to the E-mail address mentioned in paragraph 1, are assumed to be received by the recipient even after the moment of delivery. Hexago is only liable for technical errors during shipment, caused in its organizational sphere. The customer is allowed to provide proof if a message does not reach him/her for reasons beyond his/her control.
As a rule, Hexago is not obliged to inform the customer when an e-mail address is missing, incorrect or is not operational for any other reason, in relation to paragraph 1. However, the customer is allowed to provide evidence that such notice of change should have been technically plausible and reasonably received.
III. The contract offer and the conclusion of the contract
The customer makes a contract offer when he sends an order. The customer expressly accepts that the contract is concluded the moment he receives an e-mail confirming the order from Hexago.
The customer will not receive a proof proof.
If the customer specifies a different delivery address, the contract is nevertheless confirmed. If the customer acts on the basis of a mandate issued by a third party, the contract is concluded with this third party solely on the condition that the mandate is submitted and on the condition that Hexago expressly confirms the contract with the principal. In all other cases where reference is made to an address other than the one originally indicated, this shall not affect the fulfillment of the contract.
Hexago reserves the right to refuse any order and to cancel any contract already concluded without notice of default if the content of the data transmitted to be printed out contains pornographic, racist or politically extremist content or which contradicts the Belgian or European regulations.
Hexago reserves the right to change these terms and conditions without notice. The new amended terms and conditions will be notified to the customer by insertion on the Hexago site. They are immediately applicable with the exception of orders that have already been accepted by Hexago, in which case the general terms and conditions existing at the time of the order confirmation will continue to apply. The customer therefore takes the necessary steps to be aware of the general terms and conditions before placing an order.
- Solvency check – personal data
In order to verify the solvency of the customer, Hexago is allowed to request information about his personal data from the economic intelligence service and to use them, insofar as this is permitted and necessary for the protection of Hexago’s interests and insofar as the legitimate interests of the customer are not hindered by this.
The customer’s personal data is intended for the management (including financial management) of Hexago’s clientele. Hexago can use this personal
communicate data for the same purposes to the companies contractually bound with it.
Each person has a right of access to the data concerning her, subject to proof of her identity. She also has a (free) right to rectify and to object to their processing and communication.
- Price and Billing
The prices indicated include packaging and value added tax (VAT), unless otherwise specified in the order confirmation.
Any change in the percentage of the Belgian VAT can be immediately passed on to the prices indicated on the Hexago site.
The indicated prices are applied under the express reservation that the customer does not subsequently change the delivery period provided for in the original offer.
The costs resulting from subsequent changes made by the customer will be the subject of a specific billing.
The shipping costs include a one-time shipment to the delivery address indicated by the customer.
Invoicing is done electronically, which the customer accepts. By sending his offer, the customer declares that he accepts this form of sending the invoices.
The probative value of these electronic invoices is expressly accepted by the customer.
- Term for delivery and for performance of the commitments
The delivery times are only applied to deliveries on Belgian territory. Hexago informs the customer that all information about the dates or deadlines for the delivery of the service of Hexago are approximate. They disclaim any binding or guaranteed delivery unless another arrangement has been agreed in writing with the customer. If Hexago detects when processing an order, that order cannot be delivered at the specified time, the customer will be informed separately by email. Performance times are calculated in working days only.
If the customer is a corporate entity or a public institution, the following provisions apply:
– If the shipment of a product has been agreed, the delivery periods and delivery dates refer to the moment the products are handed over to the carrier,
the transport company or any other person in charge of the transport;
– Hexago shall not be liable for any delay in delivery caused by force majeure or other events that prevent or impair Hexago, for any period exceeding only temporary, in the provision of Hexago’s services – such events, including in particular, any industrial interruption, difficulties in sourcing materials or energy, transportation delays, strikes, legal failures, government decisions, or failure of sub-suppliers to deliver or deliver accurately on schedule – and for which Hexago cannot be held responsible; in the event that the hindrance and hindrance lasts for a temporary period, Hexago will be entitled to suspend the services during this period plus a reasonable additional lead time; with impediments that last longer than a temporary period, Hexago is entitled to withdraw from the contract in whole or in part for the part that has not yet been performed; if the impediment lasts longer than two months, the customer is entitled to withdraw from that part of the agreement that has not yet been fulfilled.
Compliance by Hexago with the specified delivery period is conditional on the customer’s scheduled, complete and proper fulfillment of its duty to cooperate, including the transmission of print-ready print data and print approval by the customer as well as receipt of payment or in the case of payment by credit card, the approval of the payment by the credit card company, unless payment after invoicing has been expressly agreed.
If Hexago fails to perform its duties, if no fixed delivery date has been agreed in the contract, the customer is only entitled to claim payment of damages up to a maximum amount characteristic of this type of contract and upon conclusion of the contract could be provided.
VII. Transfer of risks
If the customer is a trader within the meaning of Article 1 of the Commercial Code, the risks are transferred when the goods are handed over to the person responsible for the shipment, who shall also bear the transport costs, including although this would have been realized by an appointee of Hexago. If the handover, dispatch or receipt of the goods at the customer’s site is delayed or delayed for reasons for which Hexago cannot be held liable, the risks are transferred to the customer from the moment of receipt of the notification of delivery by the customer.
If the customer is a consumer, the risks of loss or deterioration pass to the customer upon delivery of the goods to the customer. The same applies in the event of late collection of the goods by the customer.
At the request and expense of the customer, Hexago can insure the shipment of the goods against some insurable damage.
VIII. Data of printout, obligation to check
Hexago fulfills all print orders based solely on the data forwarded by the customer. This data must only be forwarded in the format and in accordance with the regulations specified in the customer’s computerized data sheet. With other formats or regulations, the print is not guaranteed against all defects.
The customer must carefully check the data he transmits. Hexago will not review the data. The customer bears the responsibility for the risk of a possible defect if he provides incorrect data.
At the explicit request of the customer and within its technical capabilities, Hexago may also process formats other than those provided in the customer’s brochure. Defects that may appear due to the conversion of the data into other formats and their processing by Hexago cannot be held against Hexago. The customer declares himself to bear the risk of the conversion.
If the print data is not sent in CMYN mode, Hexago is expressly permitted to convert this data. When converting data into RVB or ICC color profiles, it often happens that there are color differences compared to the original. The customer expressly declares to assume this risk, in particular when there are color differences.
Visible defects concerning the delivered goods must be reported to Hexago by e-mail at the latest within 24 hours of receipt by the customer.
A complaint that originates from a customer’s failure to respect the regulations imposed by Hexago and regarding the conditions for the printing data will not be received. This applies, among other things, to the color print RVB whose resolution is too low or for which the instructions for use have not been adapted.
A slight color difference is not considered a defect. This also applies to color differences compared to a previous order, which would have been printed at Hexago.
At the time of delivery, the customer must accept a quantity superior or inferior of 10% to the quantity requested in the order insofar as this is acceptable in the present case. In this case, the invoiced quantity is the delivered quantity.
X The right to cancel
In accordance with the Belgian law of 14 July 1991 on commercial practices and consumer information and protection, the purchaser acting in his capacity as a consumer has a period of 14 working days, starting from the day following the dispatch of the the order, to give notice of its cancellation. The professional buyer does not have this right to cancel. It is also not possible to invoke the right of cancellation when the sale is based on products that are made according to the specifications of the consumer or that are clearly individualized.
If the delivered goods are defective or do not comply with the confirmation of the order, Hexago has the choice, to the exclusion of the other guarantee rights of the customer: (i) either replace the goods, (ii) either repair the goods. If Hexago allows the additional period for repair to expire without having replaced or repaired the defect, or if this repair proves to be insufficient, the customer may request a refund of the price paid subject to return of the goods (actio redhibitoria) or a reduction asking for the price (actio aestimatoria). If the customer does not inform Hexago within a period of two months, commencing from the day on which he should have become aware of the hidden defects, including those referred to in Articles 1641 to 1649 of the Civil Code, each trader or any consumer has lapsed of his rights (Article 5, §2 of Directive 99/44 EC of 25 May 1999).
Hexago is liable for the deliveries of the replaced goods and for the repairs, to the same extent as for the delivery of the original goods.
If only part of the delivery is defective, the customer can under no circumstances contest the delivery in its entirety.
The guarantee period lasts one year from the transfer of the risks. This period is a limitation period and is also valid for replacement requests following any defects.
Hexago is only obliged to repair damage caused by its intentional fault or gross negligence. Its liability is excluded for damage that does not concern the object of the delivery itself; it is excluded, inter alia, for any loss of profit or other damage suffered by the customer.
The limitative liability clause described above does not apply to physical damage, threats to life or health and which are intentionally
caused by any person or by the negligence of the obligations by Hexago, its representatives or agents.
If the liability of Hexago is not retained, then the liability of the workers, the employees, the sales representatives and the appointees is transferred.
XIII. Ownership, archiving, copyright
The data carriers made and used by Hexago during production remain its property.
Hexago is not obliged to keep the computer data and other objects that can be reused for later orders. This also applies to all goods that are completely or half finished. Hexago products are made exclusively on the basis of the elements communicated by the customer and included in the transmitted print data. Hexago has no influence whatsoever on the content of the products to be printed. The customer confirms that he has all the rights of use, transfer rights and publication rights of the transmitted data, including text and image data. The customer alone is liable for any violation of the intellectual property rights of third parties on products passed on to Hexago. He guarantees that his products do not conflict with Belgian law. The customer is responsible, without reservation, for any prosecution against Hexago, including when it concerns infringement of copyrights or when it concerns the use of data made available to it by the customer.
XIV. Retention of title clause
With regard to the customers who are consumers, Hexago reserves the right of ownership of the delivered goods until full payment of the price.
With regard to merchant customers, Hexago reserves the right of ownership until full payment of all obligations performed in the context of the commercial relationship between the parties. The customer has the right to resell the goods. If the customer resells the goods and fails to pay Hexago, he undertakes from the outset to assign to Hexago any claim arising from the resale of the delivered goods, up to the total amount of the invoice, VAT included. Hexago undertakes to accept the assignment in favor of its customer’s claims. After the transfer, the client remains competent to collect the debts, notwithstanding the possibility for Hexago to proceed to collect the transferred debts itself. Hexago, on the other hand, undertakes not to proceed with collection of the assigned debt itself if the client fulfills his payment obligations, if he has no payment arrears and if the customer does not bear any insolvency risk. If an insolvency risk were to exist,
then Hexago may require its customer to notify it of the assigned debts, the identity of the debtors and all useful documents and necessary information. The customer is obliged to provide this information at his own expense, as well as to inform his debtors (third parties) of the assignment of the debt. If the customer is in arrears in his payments, Hexago may refuse him permission to collect the assigned debts. Hexago undertakes not to retain any collateral on the client’s assets that would exceed 20% of the nominal value of the claims it holds against the client. Hexago has the choice of the collateral to be retained.
In the event of a contractual breach and, inter alia, in the event of arrears, Hexago has the right to take back its goods without prior notice of default. The customer is obliged to return it. The taking back of the goods is not considered a withdrawal from the contract, unless Hexago has expressly stated this.
- Expiration Date, Offset and Withholding Right
Unless provided to the contrary in the acceptance of the order, the customer must pay the full price as soon as the contract is concluded (on receipt of the notification of acceptance of the order) and shall be paid into Hexago’s account before delivery.
The costs associated with financial transfers are borne by the customer.
The customer only has the right to assert any compensation with a fixed, due and undisputed debt. The customer can only exercise any right of retention to the extent that the assertion he asserts results from the same contractual relationships.
XVI. Applicable law, jurisdiction, partial nullity
Current general terms and conditions of sale, as well as all contact relations between Hexago and the buyer, are subject to Belgian law, with the exception of the Vienna International Convention on the International Sale of Movable Goods.
Any dispute concerning the conclusion of the contract, the interpretation or the execution of the agreement between the parties, falls under the exclusive jurisdiction of the courts of the Brussels judicial district.
If a clause of the current general terms and conditions of sale or of the special contractual provisions is declared null and void, the validity of the entire general terms and conditions of sale or agreements will not be affected and they will remain valid.
applicable for the rest. In that case, they will be interpreted in accordance with the spirit of the contract.
XVII. Place of performance
The place of performance for delivery and payment is Hexago’s registered office. Your Company, Provinciale Steenweg 36, 2620 Hemiksem.
- Information for customers
Hexago hereby informs the customer with regard to the conditions regarding the conclusion and execution of the agreement that he has concluded with Hexago as a result of an order. The information provided to the customer is not considered as contractual conditions, as these are included in Hexago’s General Terms and Conditions of Sale. The information to the customer will also be handed over to him in writing. According to the regulations, it is mandatory that the customer can print or download the information provided to the customer. The customer information is therefore accessible in “Offline” mode after the conclusion of the contract.
- Information about the supplier
The supplier of the offer of the goods on the site www.Hexago.be is:
Director: Hans Oerlemans
Registered office: Deinzestraat 22, 9700 Oudenaarde (Belgium)
Crossroads Bank for Enterprises: 0703 830 416
VAT Identification number: BE 0703 830 416
- Information about the customer’s right of withdrawal
Hexago only sells print goods that have been produced in accordance with the customer’s instructions. The right of withdrawal, normally granted to the consumer who concludes a distance contract in accordance with Articles 78, 6° and 79, 2° of the Law of 14/7/1991 on commercial practices and consumer information and protection, is excluded on the basis of Article 80 § 4 2° of the same law.
III. Information about the Hexago guarantee
The extent of Hexago’s guarantee is set out in the General Terms and Conditions of Sale. The customer must inspect the goods upon receipt to report any visible defects. If there are defects, the customer must inform Hexago as soon as possible and at the latest within 24 hours after receipt of the goods, by fax or e-mail to email@example.com. No additional guarantee supplements the legal guarantee for goods delivered or services performed.
- Other information
General Terms and Conditions of Sale
Hexago’s General Terms and Conditions of Sale in force at the time of conclusion of the agreement shall apply.
Description of the property
The customer can obtain the description of the property under the heading “Consult a brochure”. The prices are furthermore indicated individually for each described good. The customer can print out a bid without any obligation under the heading “Print the Bid”.
Payment – Execution – Delivery
The customer can determine the payment, delivery and execution conditions of the order. The processing of the order will only start when Hexago receives proof by email that the payment has actually been made. Delivery will only take place after the amount has actually been credited to the account. The delivery date indicated in the quotation and in the order are planned. They are not binding as an expected delivery date. Hexago only carries out its deliveries in Belgium.
- The course of the conclusion of the contract
The contract between the customer and is concluded as soon as the customer indicates the code of a product on the order form and, after a strict check of the data communicated, he sends his order. If the customer notices that the data has been poorly processed, he has the option of improving it. The date from which the order becomes final appears clearly to the customer under the heading “Execute the order”. Hexago confirms receipt of his order to the customer. The contract is concluded with the customer when the order is accepted by Hexago. This is materialized by sending a confirmation email.
- Information on access to the contractual terms
When the goods are delivered, the customer will receive all information in writing regarding the conclusion of the contract and its execution.
VII. Information about customer data
Hexago uses the customer’s personal data (name, address, payment method) exclusively for the execution and progress of the contract. The delivery of the goods is carried out by our transport partner UPS. The customer’s data is forwarded to the carrier to the extent that it is necessary for the delivery of the goods. The customer can allow Hexago to use the data he has provided to be informed about the new products or other novelties. The customer may withdraw his consent at any time. The customer has the option to consult, modify or delete any stored data relating to him.
VIII. Registration of the information to the customer
The customer has the right to store the data intended for the customer without any reservation and to consult the data file at any time in the “Offline” mode. A text editor is sufficient to open the data file.
- Acceptance of the General Terms and Conditions of Sale
The customer confirms to have read and understood the general terms and conditions (GTC) of Hexago and to accept their validity. In case of contradiction with the current document, the AVB will take precedence.
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