Terms and conditions

1. Identity and contact information of Genico

1.1. Genico is the trade name of Mr. Geert Ninclaus, with enterprise number 0791.023.023 and registered office at Industriestraat 40 – 8755 Ruiselede.

1.2. Information and details of Genico:

  Trade name: Genico
  Registered office: Industriestraat 40 – 8755 Ruiselede
  VAT number: 0791.023.023
  Phone number: +32 51 68 99 09
  Email: handrails@genico.be
  Hyperlink(s) Website: www.genicohandrails.com
 

2. Application of these terms

2.1. These general terms and conditions apply to all online orders and sales transactions placed by the customer through the website www.genicohandrails.com regarding the products offered on the website. These conditions take precedence over any other and/or conflicting conditions of the customer.


2.2. In the event that, in addition to these general terms and conditions, specific product or service conditions (special conditions) are applicable, the special conditions will take precedence in case of conflicting conditions over the general terms and conditions.
 

3. Quotations and offers

3.1. The ordering process takes place via the website: www.genicohandrails.com  there, you can choose all specifications, then fill in the personal details, and finally view the technical drawing of your order.
Payment is made through online tools or by bank transfer.


3.2. Quotations include only the services and deliveries expressly mentioned. Extra work and anything not expressly stated in our quotations are not included in the price and the agreement and should, if applicable, be the subject of a separate written agreement between the parties.


3.3. We reserve the right to request full payment from customers after ordering before the start of production, as this involves custom work.
 

4. Prices

4.1. The price of the products does not include delivery costs. If the customer opts to have the order delivered by Genico, the delivery costs shall be listed and charged separately.


4.2. Before the order is finalised and payment made, the total price including VAT and possible delivery costs will be displayed.
 

5. Realisation and duration of the agreement

5.1. The customer's online order is binding, final and irrevocable. 


5.2. If the customer has placed an order, Genico will confirm receipt of the order on a durable medium within a reasonable period. Within 48 hours of the order, Genico will accept the order (or inform the customer why it cannot accept the order). This acceptance period is 72 hours for stair handrails with a length of over 5 metres.
The agreement is only concluded once Genico has accepted the offer.
Genico reserves the right not to accept an order (among others) if
- an error of a technical nature occurred on the website at the time of the order
- the product ordered is not available
- the invoicing or payment details provided are incorrect or not verifiable
- our security systems indicate that an order is abnormal or potentially fraudulent
- we have reason to believe that the customer is under 18 years old.


5.3. The agreement is of definite duration and limited to the specific order.
 

6. Payment and means of payment

The customer may pay the price due by the following means of payment: Bancontact and Credit card VISA, maestro or Mastercard.

7. Delivery

7.1. Except for force majeure or unforeseen circumstances, the delivery period will be 15 working days if the client collects the order from Genico and 20 working days if the order is for delivery to the client. In periods of vacation, the above delivery period is extended by the period of vacation.
The delivery period only starts from the day when the customer has paid the order in full and the price has been received in Genico's account number. 
If Genico is unable to deliver the order within the above-mentioned period, Genico undertakes to inform the customer in writing. In consultation with the customer, a new reasonable delivery time will then be fixed.


7.2. Only after receipt of the payment of the full price, will the design and manufacture of the product start. The installation of the goods does not form part of the purchase agreement. The goods are installed on the customer's responsibility and by the customer. 


7.3. Belgian customers can choose to collect the ordered goods from Genico itself or have them delivered by Genico. 
For non-Belgian customers, the goods will be sent by Genico.
For delivery, extra costs are charged. If the customer chooses delivery then this price will be calculated and clarified when placing the order.
The goods are assumed to be delivered and accepted as soon as the goods are collected by the customer and loaded into a means of transport. 


7.4. Without prejudice to Article 8, the risk of loss, damage, theft, destruction and any associated damage shall pass to the customer upon collection. That is, as soon as the goods are loaded by the customer into a means of transport. 


7.5. In the event of delays in delivery and/or execution due to weather conditions, delays at suppliers, illness or special circumstances (force majeure), the previously specified delivery and execution deadlines shall be extended proportionately.


7.6 If the ordered goods are not delivered within the term mentioned in art. 7.1, the client may only claim compensation from Genico if the ordered goods are not ready within 30 working days after expiration of the agreed term and if the client has given us written notice of default within 8 days after expiry of the above-mentioned term and if we have not carried out the works or deliveries within a term of 30 days after the aforementioned written notice of default. Compensation is limited to 10% of the goods ordered.
 

8. Retention of ownership

Until the day of full payment of the purchase price, the goods and materials made remain our property at all times, unless otherwise agreed separately, in writing and expressly between the parties.

 
All risks shall be borne by the customer. 
 

9. Exclusion of right of withdrawal - Cancellation

The customer, even if a consumer, cannot invoke any right of withdrawal. 


The customer cannot cancel the order.


The customer is excluded from any right of withdrawal because Genico manufactures the goods ordered by the customer according to the customer's explicit specifications, transmitted measurements, and based on the individual choice upon decision of the customer. Indeed, the Economic Law Code (Article VI.53 WER) provides for an exception to the legal right of withdrawal in case of custom-made goods. If the customer still cancels the order, compensation in the amount of 30% of the sales price will be due.


If the production of the goods has already started, a compensation of 50% will be due in case of cancellation, without prejudice to Genico's right to claim higher damages if the costs already exceed 50% of the sales price.
 

10. Guarantee - conformity - hidden defects - liability

10.1. Genico guarantees that the delivered goods conform to the agreement, to the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and to the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. However, the Customer shall be solely responsible for the correctness of all data and measurements, such as, among others, the data necessary for making all statistical calculations of the elements, and the data necessary for making the production drawings by Genico. 


Genico is in no case responsible for the incorrect connection of the LED lighting.


10.2. The legal guarantee period in accordance with article 1649bis of the Civil Code shall apply in case of a consumer purchase, and shall in any case be limited to 2 years. Genico furthermore guarantees the reliability of the transformer that may be supplied for a period of 2 years from the date of delivery. Any guarantee is limited to the repair of the defects found. Only if repair is not possible, Genico will replace the defective parts. In case of manufacturing defects, the warranty will in any case be limited to the replacement of the defective parts. Under no circumstances shall the customer claim any compensation.


10.3. However, Genico shall not be bound by any guarantee or warranty if:
- the client has already carried out repair work or attempted repair work without Genico's prior consent;
- has made changes to the product without Genico's prior consent;
- the defects are the result of improper use of the product, either of faulty installation/placement by the customer, or of not following Genico's instructions, or if the defects are the result of intentional damage;
- if the customer had knowledge of the defects and/or the customer could reasonably identify the defects upon delivery;


10.4. The Customer is obliged to report the defects or any lack of conformity to Genico by registered letter within 15 days from the time the defects were discovered or from the time the customer could reasonably have discovered the defects. If the customer is a consumer, the period for reporting defects is 2 months. If this period is exceeded, any warranty obligation shall expire.


10.5. Hidden defects shall in any case be reported to Genico within 15 days after the customer has discovered or reasonably should have discovered the defects. For consumers, this period is 2 months. If the defects are not reported by the customer within this period, Genico shall not be obliged to indemnify.


10.6. The installation of the goods does not form part of the contract. The goods are intended to be installed by the customer according to the instructions provided. Genico's liability is limited to the pure construction of the goods. Collection and installation shall be at the customer's responsibility. 
Under no circumstances shall Genico be responsible for the incorrect connection of the LED lighting.
Our eventual liability and eventual indemnity obligation with regard to the defects of the delivered goods does not extend beyond our suppliers and is furthermore subject to the same limitations provided by these suppliers in their general terms and conditions. Our liability can never extend beyond mere replacement without additional compensation being demanded.  In any event, our liability is limited to the amount of any intervention by the third-party insurer under its professional liability policy. Consequently, the compensation that we may be obliged to pay to the customer/contracting party/third parties will never exceed the cover granted under the third-party liability insurance. Compensation for indirect damages is explicitly excluded. Indirect damage shall include (non-exhaustive list): consequential damage, loss of profit, missed savings, etc.
 

11. Invoicing 

11.1. All invoices are payable within 7 days regardless of the method of payment and even if we were to draw bills on the customer or have our invoices collected by bank or other institutions.


11.2. Only upon receipt of payment of the full price, the design and manufacture of the product shall commence.
In the absence of express and written protest of the invoice within eight days of receipt of this invoice, the customer shall be deemed to have accepted this invoice without reservation and in all its parts.


11.3. If the customer fails to fulfil his payment obligations, we reserve the right, on the one hand, to postpone further execution of the specific or any other agreement with the customer until full payment by the customer of all arrears, and, on the other hand, to regard the agreement as dissolved ipso jure and without prior notice of default at the customer's expense.
The non-payment on the due date of a single invoice makes the due balance of all other, even non-due invoices immediately payable by operation of law.


11.4 In case of non-payment of the invoice by a customer-company on the due date, an interest equal to 12 % per year as well as a fixed compensation equal to 15% of the invoice amount with a minimum of € 250,00 shall be due by right and without prior notice. 


11.5. For invoices addressed to a customer-consumer in the sense of Art. I.1.2° WER, in case of non-payment or incomplete payment of the invoice amount on the due date, a late payment interest shall be due equal to the interest rate under the Act of 2 August 2002 on late payment in commercial transactions and this from the expiry of the waiting period of 14 calendar days after the sending of the first free reminder until the date of full payment. From that date, in the event of full or partial non-payment of the invoice on the due date, the amount due will also be increased by a lump-sum compensation, as provided for in Article XIX.4, 2°, first paragraph of the Economic Law Code: 
  (a) 20 euros if the balance due is less than or equal to 150 euros;
  b) 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
  (c) €65 plus 5% of the amount due on the tranche above €500 up to a maximum of €2,000 if the balance due is above €500.
9.5. Under no circumstances do cheques, bills of exchange, mandates or receipts entail debt novation nor do they entail deviation from our terms and conditions. 
 

12. Privacy policy

Genico attaches importance to your privacy.


In case the website visitor is asked by Genico for personal information, this will be done in accordance with the applicable provisions of the General Data Protection Regulation (EU) - (GDPR). The purposes for processing your personal data, and how we do this, can be found in detail in our separate privacy statement.


We will not, of course, process any data that is not necessary for the performance of the contract, or for which we have not requested consent.


You have a legal right to inspect and, if necessary, correct your personal data. Subject to proof of identity (copy of identity card), you can obtain written notification of your personal data free of charge by sending a request by e-mail to the address info@genico.be . If necessary, you can also request the correction of data that are inaccurate, incomplete or irrelevant, the deletion of data, the limitation of their processing or their transfer. However, if a request is found to be manifestly unfounded or excessive, an administrative fee may be charged.


In case of use of data for direct marketing: You may oppose the use of your data for direct marketing free of charge. To do so, you can always contact Genico, Industriestraat 40, 8755 Ruiselede, info@genico.be , or follow the unsubscribe instructions that may be included in our e-mail messages. Before we use your data for marketing purposes, we will always ask if you wish us to do so.


Genico may collect anonymous or aggregated data of a non-personal nature, such as browser type or IP address, the operating system you use or the domain name of the website through which you arrived at or left the genico website. This enables us to permanently optimise the Genico website for users.
 

13. Force majeure

Force majeure event includes - but is not limited to - any of the following events:

  • Natural disasters (such as flood, storm, hurricane, lightning, snow, earthquake, etc.);
  • - Armed conflicts (such as war, revolution, insurrection, military operation, occupation, etc.);
  • - Social unrest (such as strike, demonstration, lockout, trade conflict, etc.);
  • - Crimes (such as theft, terrorism, etc.);
  • - Disease and epidemic;
  • - Power and telecommunications interruption;
  • - Economic factors (such as delivery delays, shortage of raw materials, labour shortage, etc.);
  • - Accidents (such as fire, explosion, machinery breakdown, etc.); and

  • - Government intervention;

    Genico shall be released from any contractual or extra-contractual liability from the occurrence of the force majeure event.

14. Intellectual property

Any work or design created by Genico and resulting from its own intellectual creation remains its exclusive property. By work or design is meant any drawing, illustration, model, photograph, animation, fonts, (website) templates and - through which an idea was given shape, whether temporary or final. 


All drawings, calculations and production plans produced by Genico shall remain Genico's property. Copying the constructions, construction forms or construction details appearing on these, in whole or in part, as well as making them available to third parties for perusal, is not permitted and shall be considered an infringement of Genico's copyright.
 

15. Applicable law - competent courts

In case of disputes to which the interpretation or execution of the agreement could give cause, only the courts of the jurisdiction of our registered office shall be competent. The agreement with the customer is subject to Belgian law.