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General terms and conditions

TABLE OF CONTENTS



Clause 1 – Identity of the vendor

Clause 2 – Applicability

Clause 3 – Our offer and your order

Clause 4 – Right of withdrawal for Consumers only

Clause 5 – Price

Clause 6 – Payment

Clause 7 – Conformity and warranty

Clause 8 – Delivery and execution

Clause 9 – Liabiility

Clause 10 – Force majeure

Clause 11 – Intellectual property

Clause 12 – Complaints procedure and conflicts

Clause 13 – Miscellaneous provisions



CLAUSE 1 - Identity of the vendor



We are: Gemaco nv

Established in 2800 Mechelen, Hanswijkvaart 51

Email address: doosanbobcat@gemaco-group.com
Company number: 0412.120.336
VAT-number: BE 0412.120.336
Bank account-number: IBAN BE23 0014 7935 6191 (BIC: GEBABEBB)



CLAUSE 2 - Applicability and conditions



1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every physical person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market by Doosan) or Professional Customer (every physical person or company who, exclusively professional purposes, uses or acquires products or services which were brought on the market by Doosan or Gemaco).

2. We deliver worldwide.

3. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

4. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.

5. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.

6. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.



CLAUSE 3 - Our offer and your order



1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.

2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.

3. Your order is complete and the contract between us is final once we confirm your order by mail and - in case you need to pay in advance - as soon as we receive approval from the issuer of your card. We accept Visa, Mastercard, American Express Maestro and Bancontact/Mister Cash as payment methods. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order.

4. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next you choose you preferred way of delivery: you can either chose for a delivery at a certain address or pick up the order in our warehouse. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.



CLAUSE 4 - Right of withdrawal for Consumers only



1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase

2. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance. Should it be impossible to return the goods by postal service, we will pick up the goods from you without charging you additional costs.

3. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.

4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.

5. You can return you package through post or courier with respect of the return conditions and to the return address mentioned on the form.

6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to our warehouse (Gemaco Warehouse, Polder 3 – 2840 Rumst – Belgium . Hard copy of the form should be included in the package and a copy should be e-mailed to doosanbobcat@gemaco-group.com.



7. The right to withdrawal does not apply for goods which are personalized.

8. This article is not applicable to Professional Customers such as Doosan's Affiliates, Distributors or Dealers or any other person or company who, exclusively for professional purposes, uses or acquires products or services which were brought on the market by Doosan.



CLAUSE 5 - Price



1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.

2. Our prices are excluding all taxes, VAT and all other levies for Belgian Consumers or Professional Customers.

For Consumers or Professional customers outside Belgium, certain taxes/levies on import might be due. These are not included in the price.

We can also decide to charge you with the shipping costs on top of the purchase price. In that case, we notify this always before you definitely place your purchase.

3. All prices shown online include freight charges within the EU for orders from 150 EUR. Orders with a value less than 150 EUR (excluding VAT) will receive a fee of 15 EUR for administration and freight costs.

4. Shipments outside the EU or to certain islands, may be subject to a surcharge which will be mentioned before finalizing the order.



CLAUSE 6 - Payment



1. For Consumers (Doosan Employees included) we only accept payment through our website using the payment methods indicated there.

2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept We accept Visa, Mastercard, American Express Maestro and Bancontact / Mister Cash as payment methods. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order.

3. For Professional Customers we have a different payment policy:

    - Affiliates can pay within 30 days after the invoice-date.

    - Distributors and Dealers need to pay in advance using the payment methods mentioned in this article.

4. Invoices of Affilitates or in any case we allow you to pay after the invoice date, the invoices are payable by bank transfer to Gemaco’s bank account with number IBAN BE23 0014 7935 6191 (BIC:GEBABEBB). The Customer pays the price which is mentioned in the invoice within 30 days after the invoice date, except when a different payment term was accepted by Pralco on beforehand and in writing.

5. Pralco can adapt the means of payment in the future. In case of non-payment on the due date, the invoice price will automatically and without formal notice be increased by an interest conventionally set at 1% per month since the expiry date whereby each started month will be charged as a full month, as well as an indemnity of 10% of the value of the invoice with a minimum of 100 EUR. These indemnities remain due even when the principal sum is paid. Any delay in payments shall automatically and immediately make due any unpaid amounts.

6. We reserve our rights to suspend further orders and deliveries until payment of the due invoices.

7. Every objection regarding an invoice, must be sent to us by mail (doosanbobcat@gemaco-group.com) within 8 days upon receival of the invoice.



CLAUSE 7 - Conformity and Warranty



1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.

2. As a Consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.

To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.

During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

3. We never guarantee for defects caused by accidents or incorrect use.

4. After sales services are offered through the doosanbobcat@gemaco-group.com helpdesk. The helpdesk is open on Belgian official working days between 9AM and 6PM.



CLAUSE 8 - Delivery and execution



1. All goods and services are delivered to the address provided by you when ordering.

2. When a good is in stock it will be delivered to the delivery address within a period of 2 weeks. If a good is not in webshop-stock, we will inform you on the delivery date in your order confirmation.

3. If we are not able to deliver on time, we will always notify you before the end of the delivery period. If we do not, the Consumer in the European Union can cancel his/her order for free. In that case we will refund the Consumer within 30 days after dissolution of the agreement.

4. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you as a Consumer, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.

5. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case on the day of delivery itself by sending an email to doosanbobcat@gemaco-group.com. Subsequently, you have to send the goods back within 10 calendar days after delivery, stating the reasons for the return and preferably in the original packaging. Otherwise the delivery is deemed to have been accepted on delivery.

6. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the Consumer or Professional Customer.



CLAUSE 9 - Liability



1. We are not responsible for any direct or indirect damage caused except for the responsibilities we acknowledge in these general terms and conditions.

2. We are not responsible for any shortage coming from normal wear and tear, inappropriate terms of use or inappropriate storage.

3. The Consumer or Professional Customer will safeguard Gemaco nv as well as Doosan (or any of its subsidiaries, franchisees, licensees, affiliates, successors and assignees) from any claim form third parties, even after the termination of the agreement.

4. In case we are found to be responsible, our only obligation consists of replacing the defective goods or reimbursing the paid price, whichever we see fit. The Consumer or Professional Customer cannot demand an indemnity.

5. In any case our liability is limited to the price of the invoice of the ordered goods.



CLAUSE 10 - Force majeure



1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…



CLAUSE - 11 Intellectual property



1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.

2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.



CLAUSE 12 - Complaints procedure and conflicts



1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at doosanbobcat@gemaco-group.com. We will do the utmost to deal with your complaint within 7 days.

2. All contracts we conclude with our Consumers or Professional Customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.

3. The applicability of the Vienna Convention on the Sale of Goods is excluded.



CLAUSE 13 - Miscellaneous Provisions



1. In case one or more clauses of these General Terms and Conditions are considered void, invalid or inapplicable based on whichever reason, the other clauses of these General Terms and Conditions remain in force. These General Terms and Conditions are considered to be the only applicable agreement between parties regarding to its subject matter.

2. For every additional inquiry or remark on these General Terms and Conditions, you can contact Gemaco nv on the following address: GEMACO nv, B-2800 Mechelen, Hanswijkvaart 51, Belgium, on the following telephone number +32 15 50 05 70 or via e-mail doosanbobcat@gemaco-group.com.