Terms and conditions of sale

The public limited company "IMPERMO-STULTJENS", with registered office at Tiensesteenweg 127, 3800 Sint-Truiden, RPR Antwerp, Hasselt division and company number BE0408.286.856, Tel: +32 (0)11 68 10 26, E-mail: sav@impermo.be, Website: https://www.impermo.be and its affiliated companies, branches and agents, hereinafter "IMPERMO", "We" or "us" and you as a consumer or business, with whom we enter into a contract for the sale and/or delivery of our Goods, hereinafter referred to as "Customer" or "you".

• Agreement: any agreement between IMPERMO and the Customer relating to the sale of our Goods. This Agreement is always governed by our General Terms and Conditions and our Special Terms and Conditions.
• General Terms and Conditions: the general terms and conditions described in these "General Terms and Conditions IMPERMO".
• Special Conditions: the special terms and conditions that we agree with you in our other contract documents (quotation, order form, order confirmation and/or invoice) with their appendices, if any, on the Website or in the Applications.
• Branch: any location (with or without showroom and/or pick-up point) trading under the brand name IMPERMO, of which you can consult the address and contact details via https://www.impermo.be/en/stores.
• Goods: all goods purchased from us, including accessories and (fixing) materials, as well as any additional service in the performance of the Agreement that does not constitute the sale of Goods (administration, promotion, invoicing,...).
• Manufacturer: any company or person that develops, offers or manufactures our Goods, whether or not on our behalf.
• Purchase/Sale: any purchase or sale of our Goods.
• Website: the website https://www.impermo.be, including the associated webshop, and any alternative domain operated by IMPERMO.
• Applications:theonlineapplicationsandsoftwareapplicationsthatweuseand/or offer without obligation.
• MyIMPERMO.be:the online customer area where you can use your personal login to carry out the following actions: place orders, confirm quotes, follow up orders, change delivery addresses, pay online, request invoices, request a return document.
• Customer-Company: the Customer who purchases Goods for purposes that are primarily part of his/her trade, business, craft or professional activity.
• Customer-Consumer: the Customer who purchases Goods for purposes that are mainly outside his/her trade, business, craft or professional activity.

1. These General Terms and Conditions apply to any Agreement you enter into with us in relation to the Purchase of Goods. Your own terms and conditions do not apply to this Agreement, unless we have agreed otherwise in advance, expressly and in writing, in which case these Terms and Conditions will retain their supplementary effect.

1. In order to make a Purchase of our Goods, you must create an online account in our MyImpermo.be customer portal. This account will be created together with you by an employee in one of our Branches, or by yourself at a later time. As part of the registration process for this account, you will be asked to acknowledge and agree to these Terms and Conditions.

1. Our assortment of Goods is always sold without installation. We may adjust, expand or withdraw this range at our discretion.
2. Information and price indications on our Website and in our catalogues, brochures and quotations are always subject to adjustment of any calculation and printing errors or apparent mistakes.
3. Variations in shade, size and structure may occur between samples and delivered Goods. These variations are inherent to the nature of the Goods and their production process, and are not considered a lack of conformity or a breach of contract.
4. Any representation of our offer, regardless of its form, is illustrative. Images, catalogues and material samples may differ from reality due to differences in screen settings, printing techniques and artificial lighting. Images may also show elements not included in the final Purchase price.
5. Our offer is valid while stocks last.

1. Our quotations are based on the information you provide us (e.g. measurements and quantities). If it turns out that this information is incorrect, incomplete or outdated, we reserve the right to adjust or withdraw our offer without recourse, and all resulting price adjustments, additional costs and/or damages will be at your expense.
2. Unless otherwise stated, we always sell our Goods in full packages. You should increase the net area of tiling in m2 to avoid shortages due to cutting loss and/or special laying patterns.
3. The number of tiles supplied per unit of account (square metre or linear metre) corresponds to the number supplied by the Manufacturer in accordance with the standards used by the Manufacturer, and we invoice accordingly.
4. Any promotions and associated terms are clearly stated with the relevant offer.
5. For offers involving stocklots (e.g. "second choice lots"), the following applies:
   • The Goods are sold as-is, including any visible and invisible defects or damage that we disclose and/or document to the best of our ability. You acknowledge that you have inspected the condition of the Goods and accept the Purchase.
   • Salesareonafirst-come,first-servedbasisandwhensoldout,noadditionalstock will be available;
   • TheseGoodsarereservedand/ordeliveredonlyafterfullpaymentofthepurchase price;
   • Returns of these Goods are not possible.

1. We have sufficiently described our offer so that you can correctly assess the nature, characteristics and price. In case of doubt, you must request additional information from our customer service before completing the ordering process.
2. You are bound by an order for Goods. Orders are only binding on us if we confirm them in writing and after receipt of the agreed (advance) payment. For online orders, you will first receive an order confirmation on the screen, followed by a confirmation email sent to the email address you provided.
3. We reserve the right to accept or reject orders at our sole discretion.

1. In accordance with Article 3:92 of the Belgian Civil Code, we remain the owner of delivered Goods until the purchase price has been fully paid. As long as the purchase price has not been paid:
   • we may postpone scheduled deliveries and/or retrieve delivered Goods ourselves or through a carrier;
   • you must not sell, transfer or in any way modify the relevant Goods without our consent;
   • the Goods remain at your risk. You are responsible for the necessary insurance and/or protection measures and indemnify us against any damage to or in relation to the Goods.
2. If you purchase Goods from us for a third-party end-user or resell them, we are only obliged to fulfill our obligations to you. You bear the responsibilities and obligations towards the end-user.

1. As a Customer-consumer, you have the right to withdraw your online order within 14 calendar days without giving any reason. The withdrawal period expires 14 days after the date on which you or a third party designated by you, who is not the carrier, acquires physical possession of the Goods.
2. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the Agreement by means of a clear statement (e.g. by letter or e-mail). You may use the enclosed model withdrawal form for this purpose, but this is not obligatory. In order to comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
3. If you withdraw from the Agreement, you will receive a refund of all payments made by you, including delivery costs (except of any additional costs resulting from your choice of a method of delivery other than the cheapest standard delivery offered by us), promptly and in any event no later than 14 days after we have been informed of your decision to withdraw. We will refund you using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; In any event, no fees will be charged for such refund. We may withhold reimbursement until we have received the Goods back, or you have provided evidence that you have returned the Goods, whichever is earlier.
4. You must return the Goods to us promptly and in any event no later than 14 days after the day on which you notified us of your decision to withdraw. You are on time if you return the Goods before the 14-day period has expired. The direct costs of returning the Goods will be at your expense. If you use a carrier, these costs are estimated at the amount of the original delivery.
5. You are only liable for the depreciation of the Goods resulting from the use of the goods, which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6. The right of withdrawal does not apply to:
   • Goods that have been customized or personalized at your request;
   • Goods that are irrevocably mixed with other Goods after delivery;

1. If you unilaterally cancel an order for Goods without a valid claim to the right of withdrawal in Article 9, we reserve the right to charge a cancellation fee.
2. For standard products, this fee amounts to the advance payment or, in the absence of an advance, 30% of the total order amount, plus any costs already incurred such as the ordering of Goods from the Manufacturer and/or transportation costs.
3. For custom-ordered or personalized Goods, this fee amounts to the full order amount, plus any costs already incurred such as ordering Goods from the Manufacturer and/or transportation costs. We always reserve the right to pursue the execution of the order.
4. If we unilaterally cancel an order after written confirmation and receipt of the deposit, we owe you a cancellation fee of 5% of the total order amount.

1. If we are temporarily unable to fulfill an obligation to you due to force majeure, we may suspend the performance of that obligation for the duration of the force majeure. If the force majeure persists for more than one (1) month or if it is clear from the outset that this will be the case, we have the right to terminate our agreement with immediate effect, without recourse.
2. Force majeure includes unforeseen and unavoidable situations reasonably beyond our control, such as accidents, machinery breakdown, shortage of transport or raw materials, fire, extreme weather conditions, pandemics, strikes, traffic obstructions, delayed or incorrect delivery by third parties, both at IMPERMO and at our suppliers. In such cases, you are entitled to a refund for already paid for but undelivered Goods.

1. Detailed information about our delivery modalities, rates and practical tips can be found on our website: https://www.impermo.be/en/content/delivery-transport-19
2. In the case of delivery on the same day, the invoice shall suffices as proof of delivery.
3. Any installation, modification or use of Goods implies your final and irrevocable acceptance of these Goods.
4. If the agreed advance or invoice amount has not paid in full, we reserve the right to postpone the collection or delivery of the Goods until full payment is received. If the agreed advance or invoice amount is not paid within a period of one (1) month following the agreed payment date, we also have the right to terminate the Agreement without prior notice and with immediate effect. This will be considered as a unilateral cancellation by the customer and Article 10 will apply accordingly.

1. Unless otherwise expressly agreed in writing by specifying a "binding delivery deadline", delivery times are indicative and do not constitute an essential or important obligation for IMPERMO. Exceeding a delivery period for any reason, except in cases of and/or gross negligence on the part of IMPERMO or its agents, does not entitle you to any compensation. A delivery period will only starts after you have provided us with all the information necessary for the execution of the Agreement and the agreed deposit has been paid.
2. If you are a Customer-Consumer, we will, in any case, deliver no later than 30 days after the agreed indicative delivery period. If we fail to meet this, and, after a written request, still do not deliver within an additional period appropriate to the circumstances, you may terminate the Agreement without compensation.
3. If an ordered Good is not available (e.g. due to intermediate sale or unavailability from the Manufacturer), we will notify you as soon as possible to find an appropriate solution or alternative.

1. If you choose to collect the Goods, you are responsible for arranging suitable transport. From the moment the Goods leave our premises (incoterm ex works), you are responsible for risks such as loss, theft, damage and vandalism.
2. Once your Goods are available for collection, they must be collected within two weeks, failing which we may charge a storage fee of € 5 per day and/or return the Goods to our central warehouse at your expense. These costs amount to € 215 (incl. VAT).
3. If you fail to collect your Goods within a period of twelve (12) months following the order, we are no longer obliged to reserve these Goods for you. If these are standard Goods, you will receive a purchase voucher for the Purchase of other Goods worth the amount you have already paid. In the case of custom-made Goods, we will be forced to destroy the Goods without the right to a refund, and without prejudice to our right to claim additional damages.

1. If you choose home delivery, we will confirm the estimated delivery time and any associated costs in advance. After your approval, we will either deliver the Goods ourselves or use a carrier of our choice, who will be responsible from our warehouse to your door.
2. Delivery takes place at the address and at the agreed time. Any changes must be communicated at least 48 hours before delivery.
3. We are not responsible for incorrect deliveries due to inaccurate address information or orders. Costs for a second or additional delivery are at your expense.
4. Your obligations:
   • Provide the necessary information and cooperation for a smooth and safe delivery.
   • Home delivery will only takes place if you or a representative designated by you is personally present at the time of delivery;
   • The place of delivery must be easily accessible for the driver;
     • For "Basic Transport", we deliver to the edge of the footpath, on the street.
     • For "Crane Transport", we deliver from the street to the free location specified by you (maximum 5m reach). We do not deliver to upper floors, balconies or sloping surfaces.
     • For "Delivery with forklift", we deliver to a free location accessible with the forklift (free passage of 3 meters high and 3 meters wide).
   • You are responsible for keeping a drop-off area free and for obtaining any mandatory permits or parking prohibition signs. You must transport the Goods from the drop-off point into your building.
5. Waiting times exceeding the normal loading and unloading time will be billed to you at € 75 (excl. VAT) per hour.

1. Sold goods are not taken back or exchanged. Only installation goods such as glue, grout, profiles,... can be returned within 3 months after delivery in unopened packaging.
2. Each return must be accompanied by a return document (which can be created via MyIMPERMO.be), a copy of the invoice or order form, and if possible, in original packaging.
3. All costs and risks for returns are at your expense, except in the case of warranty claims or recalls by the Manufacturer.

1. We always hope that all our customers are satisfied. If you have any complaints about our Goods or services, you can contact us via the "Customer Service" section on our website or via sav@impermo.be. We will do our best to handle the complaint within five days of receipt.
2. In accordance with consumer law, you are entitled to a legal warranty of conformity of the goods, as stipulated in Articles 1649bis to 1649h and 1701/1 to 1701/19 of the Old Belgian Civil Code, from the date of delivery, valid for two years from the invoice date. The invoice serves as proof of warranty and must be presented in order to claim the legal warranty.

1. Upon receipt, you must carefully check each delivery and verify whether all packages bear the same lot number in order to avoid color differences.
2. Complaints about damaged Goods, shortages or incorrect delivery must be reported to us as soon as possible, but no later than two months from the day you discovered the defect. Complaints about hidden defects must be submitted within two months from the day on which you discovered the defect. For Customer- Companies, these deadlines are one month. If the product meets the applicable standards, the complaint will be deemed unfounded.
3. In deviation from the above, complaints about visible defects will no longer be taken into account after the Goods have been installed or processed (e.g. for hairline cracks, crooked or convex tiles, defects in surface, or color differences).
4. Goods must only be used in accordance with instructions and purposes provided by us. Use outside of these instructions and purposes excludes any form of warranty.
5. The consumer cannot invoke the legal warranty for defects that were clearly apparent at the time of sale or of which they were informed. Also excluded is damage caused by accidents, neglect, use contrary to the purpose for which it was designed, non-compliance with instructions for use or installation, modifications or modifications to the item, rough handling, improper or insufficient maintenance and any other form of abnormal or incorrect use.
6. Important notes :
   • Frostresistance of glazed ceramics is never guaranteed;
   • Natural stone changes its structure, color and surface over time and requires specific maintenance;
   • The wear resistance grade provided by the Manufacturers is only informative. For flooring, the installation of a floor mat at each outside entrance is mandatory. Sand, dust and hair significantly reduce the lifespan of the top layer. In case of insufficient maintenance, any responsibility on the part of the seller is excluded. The glossy top layer of some goods may lose its initial appearance with use. This phenomenon is considered normal and cannot justify any complaint.

1. Our liability is limited in accordance with the following provisions, without, however:
   • prejudicing mandatory regulations;
   • undermining our agreement;
   • completely excluding our liability for intent, gross negligence, or serious fault by us of our agents (a limitation is permitted);
   • excluding our liability for the failing to perform essential obligations that are subject of our agreement, except in cases of force majeure (a limitation is permitted);
   • limiting or excluding our liability in cases of death or physical injury;
   • excluding our liability is cases of harm to life or physical integrity (a limitation is permitted);
2. The following provisions must, therefore, be read in that light.
3. Our liability under our Agreement is limited to compensation for damage that is the direct and foreseeable result of an attributable breach by IMPERMO.
4. We cannot be held liable for indirect and/or consequential damages, including but not limited to lost profits, suffered losses, opportunity costs, damage due to downtime and/or damage to goods other than the Goods.
5. Our liability for compensation is limited to the highest of the following amounts: the amount you paid us under the Agreement or the amount that our insurance company paid for the damage.
6. We are not liable for damage resulting from any act or omission by third parties, any act or omission contrary to applicable instructions, directions and/or regulations regarding the Goods, or any improper use of the Goods.
7. Any claim for compensation must, under penalty of forfeiture, be submitted by registered letter within two months from the moment you have identified or should reasonably have identified the damage.
8. In the absence of an amicable settlement, any legal action to obtain compensation must be filed with the competent court within a period of six (6) months following the time referred to in Article 19 §6.

1. You are liable for, and indemnify us, for all damages resulting from your breach of our Agreement.
2. You are liable for, and indemnify us, for all damages resulting from third-party claims due to breaches attributable to you of their rights. Inform us immediately of any third-party claim or demand you receive.

1. Our prices include 21% VAT and are in euros.

1. Unless otherwise agreed in writing, we require an advance of 30% of the agreed purchase price for each order. The balance of the purchase price is payable within 90 calendar days following the order, unless we agree in writing that the balance is only payable at the time of delivery. An invoice for the full amount of the purchase price will be made available to you at the time of delivery.
2. Permitted payment methods are the following:
   • In our branches: with Visa, Mastercard, Bancontact, American Express, Maestro or cash (up to a maximum of € 3.000);
   • Online: Visa, Mastercard, Bancontact, American Express, iDeal, SOFORT Banking or PayPal (with service fees);
   • Bank transfer with reference to ING BE46 3631 0093 7836 (BIC: BBRUBEBB) OR KBC BE85 4536 0842 4106 (BIC: KREDBEBB) OR BNP Paribas Fortis BE55 0015 9582 9044 (BIC: GEBABEBB).
   • We do not accept bank cheques, eco vouchers or consumption vouchers
3. Online payments are processed via a secure SSL connection by the payment provider "Adyen" which encrypts all payment data. We do not store critical payment data. By making an online payment, you irrevocably authorize the transaction to be processed through the specified payment method. Verify the accuracy of the payments yourself. Failed payments do not entitle you to deferment.

1. The following conditions apply to IMPERMO vouchers:

• they have a limited validity period, stated on the voucher receipt. After this date, the value expires;
• they can only be used once;
• they apply only to the purchase of Goods and not to services or transportation costs;
• they are not exchangeable for money;
• the value of the voucher is offset at the end (online) ordering process or against the outstanding invoice balance.

1. You must notify us immediately if you are unable to meet your payment obligation or in case of debt mediation.
2. In the event of doubts about solvency or business continuity, and in the case of late payments, we reserve the right to demand a higher or additional advance or cash payment for the total purchase price.
3. Any changes such as insolvency, dissolution or corporate changes, concordat, bankruptcy, overdue payment, entitles us to demand guarantees or to suspend or cancel the purchase in whole or in part. The value of already delivered Goods will then become immediately due without prejudice to any damages and interest that we are entitled to by law.

1. If the Customer-Company fails to pay the purchase price in full or in part by the agreed due date, we are automatically and without prior notice entitled to default interest, calculated on a day-to-day basis on the outstanding debt, at the special legal interest rate (Law of 2 August 2002), as well as compensation for collection costs, set at a fixed rate of 10% of the total purchase price, with a minimum of € 75 per invoice.
2. If the Customer-Consumer fails to pay the purchase price in full or in part by the agreed due time, and does not settle the debt after the expiration of a reminder period of at least fourteen calendar days (starting on the third working day after sending a reminder by letter or, on the calendar day following the electronic reminder), the Customer-Consumer is liable to pay the following fees:
   1. Default interest at the reference interest rate increased by eight percentage points as provided for in Article 5, second paragraph, of the law of 2 August 2002 on combating late payment in commercial transactions. This default interest starts from the expiration of the aforementioned reminder period.
   2. A compensation fee that corresponds to:
      1. € 20 if the outstanding balance is less than or equal to € 150;
      2. € 30 plus 10% of the amount due on the portion between € 150,01 and € 500 if the balance due is between € 150,01 and € 500;
      3. € 65 plus 5% of the amount due on the portion above € 500,01 with a maximum of € 2.000 if the balance due is higher than € 500.
3. Compensation for reminder costs (€ 7,50) and the actual postage costs for sending reminders. However, no fee will be charged for the first reminder in the event of non- payment of three due dates per calendar year.
4. In the event of multiple outstanding debts, payments will be charged to the oldest outstanding debt, starting with interests and costs, and then to the principal amount.

1. If you are entitled to a refund, this will be done using the same payment method as the original transaction, unless otherwise agreed.
2. Refunds will be processed as quickly as possible, no later than 30 days, without additional costs.
3. If we owe you a refund, and have agreed on a deadline by which this refund must be made, we will owe interest at the legal rate (Law 05/05/1865) if this deadline is exceeded and after written notice.

1. All intellectual works created by us remain our property. You may not distribute, copy, publish, or use them without our permission.

1. Any information provided by third parties is always indicative without guaranteeing its accuracy. You must verify this information with the relevant authorities.

1. We collect and process your personal data for the performance of the Agreement, such as order processing, complaint handling, invoice collection, promotional and/or informational communication, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and Belgian legislation. The legal grounds are the execution of the agreement, the fulfilment of legal and regulatory obligations and/or the legitimate interest.
2. Your personal data is treated confidentially and will not be disclosed, rented or sold to third parties without your consent. We do retain your data longer than necessary.
3. You have the right to access and correct your personal data, request information about our privacy policy and oppose the use of your data for direct marketing purposes free of charge. Send a written request with a valid proof of identity.
4. More information about our Privacy Policy can be found at https://www.impermo.be/en/content/privacy-92 or you can request a copy from our Customer Service.

1. To protect the privacy of our employees, customers and suppliers, you may not take, store or publish (video) images in our branches without our prior written consent and the consent of the persons who would be visible in the images.

1. We maintain and secure our Website to the best of our ability. We are not liable for obvious errors, technical malfunctions or unintentional spread of malware or viruses.
2. The use of external applications or hyperlinks is at your own risk. They may apply different terms of use, cookies and data management than IMPERMO.

1. Our Website uses cookies to facilitate your visit and use of e-shop and MyIMPERMO.be applications. These cookies do not contain any personal information. You can disable the use of cookies in your browser.
2. More information about our Cookie Policy can be found on https://www.impermo.be/en/content/cookies-66 or you can request a copy from our Customer Service.

1. Belgian law is applicable.
2. All disputes concerning the formation, execution and interpretation of the Agreement shall be exclusively subject to the jurisdiction of: a) In the case of a Customer-Consumer, the courts designated by Article 624, 1°, 2° and 4° of the Judicial Code. W. and b) In the case of a Customer-Company, the Courts of the location of IMPERMO’s registered office.

1. If a (partial) provision of our Agreement is invalid and annulled, the other (partial) provisions of our Agreement will remain unaffected. The parties request the competent authority to amend the disputed (partial) provision by a valid (partial) provision that is as close as possible to the content, spirit and intent of the disputed (partial) provision.

1. You accept that a qualified, advanced and/or ordinary electronic signature (Regulation (EU) No. 910/2014), an e-mail or WhatsApp, and a scan of a signed contract document, has the same evidential value as a signed document, even if it is not drawn up in as many originals as there are parties.

When exercising the right of withdrawal, you must report this within 14 days using the model withdrawal form.