general terms

These general terms and conditions apply to all offers, sales, deliveries, and services of JDB Haarden BV relating to after-sales service.

JDB Haarden BV
Antwerpsesteenweg 77
2840 Rumst – Belgium
Company number / VAT: BE0400.803.505
Email: [email protected]
Phone: +32 15 31 18 17

If you place an order or request a service related to interior design, fireplaces, or venue rental, the respective general terms and conditions for that service apply:

General terms and conditions – Interior

General terms and conditions – Fireplaces

General terms and conditions – Venue rental

1. Scope of Application

1.1 These general terms and conditions apply to all quotations, contracts, deliveries, and services of JDB Haarden BV concerning after-sales service, regardless of the nature of the agreement, unless the parties have expressly and in writing agreed otherwise.

1.2 These terms take precedence over any general or specific terms and conditions of the customer, even if they state otherwise, and over any provisions contained in specifications or other documents preceding the agreement, unless JDB Haarden BV expressly and in writing agrees to such terms.

1.3 Deviations from these general terms and conditions are valid only if they have been expressly confirmed in writing by JDB Haarden BV.

1.4 These terms also apply to orders placed via email or through the JDB Haarden BV website, unless otherwise agreed in writing.

1.5 The most recent version of these general terms and conditions is always available at www.jdbhaarden.be or will be provided to the customer free of charge upon simple request.

2. Quotations and Prices

2.1 Our quotations are only binding if they have been signed by the managing director or an authorized representative, and they remain valid for thirty (30) days from the date of the quotation. If the VAT rate changes before the balance is invoiced, the remaining amount to be invoiced will be adjusted accordingly, even if a price including VAT was previously agreed upon. By way of derogation from Article 1793 of the Belgian Civil Code, additional work performed by JDB Haarden BV may be proven by any legally admissible means.

2.2 After-sales services are carried out at the rates applicable at the time of booking, as stated on our website or communicated through a quotation or confirmation. All prices are exclusive of VAT, unless explicitly stated otherwise. Depending on the nature of the after-sales service, additional charges may apply, such as:

2.2.1. travel costs per kilometer or a fixed rate;

2.2.2. unforeseen work that proves necessary (for example, in the case of extremely dirty glass or persistent contamination in the flue);

2.2.3. hourly rates for the work performed, with a minimum charge of fifteen (15) minutes;

2.2.4. material costs and other consumables required for the execution of the works;

2.2.5. call-out or service fees, where applicable.

Examples of after-sales services include maintenance of gas stoves, maintenance of soapstone, gas maintenance, chimney sweeping, and other repair or maintenance work.

2.3 For B2B customers, such services may be evidenced by work orders or internal service reports of JDB Haarden BV. For consumers (Book VI of the Belgian Code of Economic Law), additional services will only be charged if they have been expressly agreed upon or confirmed in writing in advance (for example, by email or signed work order), except in cases of necessary or urgent work resulting from the customer’s fault, negligence, or omission.

3. Intellectual Property Rights

3.1 All studies, plans, documents, sketches, drawings, samples, designs, photographs, 3D models, and other materials or files prepared or provided by or on behalf of JDB Haarden BV shall remain the exclusive property of JDB Haarden BV at all times and are protected by copyright and other intellectual property rights.

3.2 These materials may only be used for the evaluation, execution, and/or completion of the agreement between the customer and JDB Haarden BV. Any other use, reproduction, modification, or distribution, in whole or in part, is prohibited without prior written consent.

3.3 The customer is liable for any misuse by themselves or by third parties to whom they have passed on these materials. JDB Haarden BV reserves the right, in the event of infringement, to claim compensation of at least ten percent (10%) of the contract amount, without prejudice to the right to full compensation for the actual damages suffered.

3.4 Upon first written request from JDB Haarden BV, the customer must immediately return or delete all aforementioned materials, in both physical and/or digital form.

4. Execution of After-Sales Service

4.1 The stated intervention times are always indicative and do not constitute an obligation of result. A delayed execution can never give rise to termination of the agreement or to any compensation payable by JDB Haarden BV. If the agreed intervention period is exceeded, the customer must first place JDB Haarden BV in default in writing and attempt to reach an amicable settlement. If the execution of the after-sales service is suspended or interrupted due to the actions of the customer or their representatives/third parties, the customer shall owe a fixed compensation for the resulting costs.

4.2 The customer must ensure that the place of execution is clear and easily accessible, and that the necessary utilities, such as electricity and water, are available. If electricity cannot be supplied and JDB Haarden BV is forced to use an alternative power source, the related costs will be fully charged to the customer. Unnecessary travel expenses and waiting times exceeding fifteen (15) minutes, caused by the customer, will be invoiced at the applicable hourly rate.

4.3 The customer also guarantees that the workspace is safely accessible, free of obstacles, properly prepared, and, where necessary, equipped with dust protection. If the intervention takes place outdoors or on public property, the customer must, at their own expense, provide adequate parking spaces in the immediate vicinity and ensure the obtaining of all necessary permits or authorizations, including parking and occupation permits, unless otherwise agreed in writing.

4.4 JDB Haarden BV undertakes to carry out its work in a professional and diligent manner. However, the customer acknowledges that certain activities, such as the cleaning or maintenance of chimneys, may unavoidably produce soot or dust. JDB Haarden BV cannot be held liable for dust, soot, or related inconvenience resulting from such works, provided that the work has been carried out with the required care and diligence.

4.5 The execution of the after-sales service is performed according to the principles of good craftsmanship and in compliance with the applicable technical regulations.

5. Completion and Acceptance

5.1 Unless otherwise agreed in writing, it is understood that if no written and registered objections are submitted to JDB Haarden BV within eight (8) days after the performance of the after-sales service, the service shall be deemed to have been definitively accepted. This date shall therefore be considered as the sole and final acceptance of the work. Any visible defects or non-conformities existing at the time of execution must be reported to JDB Haarden BV by registered mail within eight (8) days of execution; otherwise, they shall be deemed accepted.

5.2 For after-sales services, the following shall not be considered as defects in conformity, nor as visible or hidden defects: minor traces of use or marks resulting from necessary disassembly/reassembly, insofar as these are technically unavoidable, generally accepted, or inherent to the materials and methods used.

An exception applies where it is expressly stated in the order confirmation that certain characteristics (such as specific construction, dimensions, color, or design) constitute an essential element of the agreement for the customer.

6. Right of Withdrawal for Consumers

6.1 If the customer acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (WER) and the agreement is concluded remotely or outside the business premises of JDB Haarden BV, the customer has a statutory reflection period of fourteen (14) calendar days to withdraw from the agreement without giving any reason. For the provision of services such as after-sales service, the withdrawal period begins on the day the agreement is concluded.

6.2 The right of withdrawal does not apply in the cases referred to in Article VI.53 of the Code of Economic Law, including (but not limited to):

6.2.1 Services (such as after-sales service) that have been fully performed with the prior express consent of the customer, and where the customer has acknowledged losing their right of withdrawal once the agreement has been fully executed;

6.2.2 Services relating to urgent repairs or maintenance expressly requested by the customer to be carried out during the withdrawal period.

6.3 If the customer requests that the execution of the after-sales service begin before the expiry of the withdrawal period, the customer must confirm this request and the acknowledgment of the possible (partial) loss of the right of withdrawal in writing. In the event of withdrawal after partial performance, the customer shall owe an amount proportional to what has already been delivered or performed at the time of withdrawal, increased by the cost of materials already used or processed.

6.4 To exercise the right of withdrawal, the customer must notify JDB Haarden BV of their decision to withdraw from the agreement by means of an unequivocal statement (for example, by registered letter or email) within the applicable period. JDB Haarden BV will make the model withdrawal form available in accordance with the legal provisions.

6.5 Customers acting in the exercise of their trade or profession (B2B) have no right of withdrawal under any circumstances.

7. Warranty and Liability

7.1 Where provided by law, the ten-year (10) liability set out in Articles 1792 and 2270 of the Belgian Civil Code applies.

7.2 If the customer acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (WER – B2C), the statutory warranty provisions on consumer protection apply in full. For after-sales service, the statutory warranty applies only if and to the extent that it is legally required. The customer must report any lack of conformity resulting from the after-sales service in writing within two (2) months of discovery.

7.3 For customers not acting as consumers (B2B), and unless otherwise agreed in writing, a limited contractual warranty of three (3) months is granted on the performed after-sales service, covering only minor hidden defects and on the condition that the customer reports any visible defect by registered, detailed, and written notice to JDB Haarden BV within one (1) month of its discovery.

7.4 If the customer makes a warranty claim, after-sales service will only be performed if the defect is not due to misuse, improper maintenance or installation, or assembly not performed by JDB Haarden BV or not in accordance with the provided guidelines.

The warranty is strictly limited to the free repair or replacement of parts for which a construction or assembly defect in the after-sales service has been proven, excluding any other compensation. No new warranty is granted on repairs carried out as part of after-sales service. Liability for supplied or used products is limited to the warranties provided by the manufacturer.

7.5 No claim under statutory or contractual warranty shall be possible if and to the extent that the defect results from one or more of the following or similar circumstances, including but not limited to:

7.5.1 misuse or improper handling of products, materials, or appliances, including (but not limited to) excessive or incorrect firing, use of unsuitable or prohibited fuels (such as wet wood or waste), lack of ventilation, or blocked air supply;

7.5.2 self-performed maintenance, repairs, dismantling, or installation contrary to the instructions for use or without prior written authorization from JDB Haarden BV;

7.5.3 damage caused by frost, moisture, fire (including chimney fire), force majeure, or by an act or intentional fault of the customer or their representatives;

7.5.4 failure to carry out regular maintenance as prescribed by JDB Haarden BV or the manufacturer;

7.5.5 damage to existing installations if these were improperly installed by third parties;

7.5.6 indirect damage such as odor nuisance, smoke damage, or loss of use of the appliance.

7.6 The liability of JDB Haarden BV, regardless of the legal basis, is in all cases limited to the lesser of:

7.6.1 the total amount actually paid by the customer for the relevant service;

or

7.6.2 the amount paid in the relevant case by JDB Haarden BV’s liability insurer.

7.7 JDB Haarden BV cannot be held liable for errors by its agents, subcontractors, or other auxiliaries, except in cases of intent or gross negligence on its own part or that of a person acting on its behalf.

To the extent permitted by law, all personal liability of directors or employees of JDB Haarden BV is excluded.

8. Obligations of the Customer

8.1 The customer shall provide, in a timely and accurate manner, all information and cooperation necessary for the execution of the after-sales service.

8.2 The customer shall ensure that the place of execution is clear and easily accessible, safely reachable, and equipped with the necessary utilities (such as electricity and water). If electricity cannot be supplied and JDB Haarden BV is forced to use an alternative power source, the related costs will be fully charged to the customer.

8.3 The customer shall take appropriate precautionary measures to prevent damage or contamination, including covering furniture, keeping the work area clear (no furniture in front of the fireplace/stove), and providing adequate dust protection.

8.4 The customer must comply with all instructions, regulations, and warnings issued by JDB Haarden BV and/or the manufacturer concerning the use, maintenance, and safety of the supplied products and executed works.

8.5 If the customer fails to comply with these obligations, JDB Haarden BV reserves the right to suspend the execution of the after-sales service, to charge additional costs, and/or to claim compensation for damages.

9. Payment

9.1 For after-sales service assignments, JDB Haarden BV requires an advance payment of thirty percent (30%) of the total contract amount. The balance will be invoiced as stipulated in the agreement or, in the absence of specific arrangements, immediately after the completion of the after-sales service.

9.2 Invoices are payable within seven (7) calendar days from the invoice date, by bank transfer to the account specified by JDB Haarden BV, or in cash, via Payconiq, or Bancontact at the store. An invoice is only considered paid once the full amount has been credited to our account.

9.3 For customers acting in the exercise of a trade or profession (B2B), invoices are deemed accepted unless they are disputed in writing and with justification by registered letter within eight (8) calendar days of receipt. This provision does not affect the mandatory rights of consumers.

9.4 If an invoice is not paid on time, the provisions of Article 10 (Non-performance and Cancellation) apply, including the right of JDB Haarden BV to suspend the execution of the after-sales service and/or to charge additional costs, without prejudice to its other rights, subject to the mandatory consumer protection guarantees provided in Book XIX of the Code of Economic Law (WER).

10. Non-Performance and Cancellation

10.1 If the customer fails to fulfill any contractual obligation, JDB Haarden BV is entitled, without prejudice to its other rights, to suspend the performance of its obligations until full compliance by the customer and/or to terminate the agreement without judicial intervention.

10.2 Cancellation or rescheduling of an after-sales service appointment is free of charge if communicated at least 24 hours in advance.

10.3 If an appointment has been scheduled and no one is present at the agreed time and address, a fixed fee of EUR 150.00 excluding VAT will be charged, plus travel expenses.

10.4 If an invoice is not paid on time, JDB Haarden BV reserves the right to suspend the execution of any remaining after-sales work until full payment has been received. JDB Haarden BV shall determine at its sole discretion when the after-sales service may be resumed and shall not be liable for any compensation due to delays. If JDB Haarden BV suffers damages as a result of such suspension, the customer shall be required to compensate for those damages.

10.5 If the customer acts in the exercise of a trade or profession (B2B), in the event of late payment (after the due date and without prior notice of default), statutory interest shall automatically apply in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions. In addition, a fixed compensation shall be due in accordance with Article 6 of that law (currently set at EUR 40), without prejudice to the right of JDB Haarden BV to recover higher proven collection costs.

10.6 If the customer acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (WER), one free payment reminder will first be sent in the event of late payment. If the customer fails to pay within the period stated in this reminder, the following fixed amounts shall be due:

10.6.1 EUR 20 if the outstanding balance is less than or equal to EUR 150;

10.6.2 EUR 30 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500 if the outstanding balance is between EUR 150.01 and EUR 500;

10.6.3 EUR 65 plus 5% of the amount due on the portion above EUR 500, with a maximum of EUR 2,000, if the outstanding balance exceeds EUR 500.

Pursuant to Book XIX of the Code of Economic Law (WER), in such cases, default interest and compensation may only be charged after a period of at least fourteen (14) calendar days has elapsed following the sending of the first free reminder. The above-mentioned limits shall remain fully applicable.

11. Privacy

11.1 JDB Haarden BV processes the customer’s personal data in accordance with the General Data Protection Regulation (GDPR) and applicable national legislation.

11.2 Processing is carried out on the basis of Article 6.1, (b) and (c) of the GDPR, namely for the purpose of performing the agreement with the customer and complying with legal obligations (such as invoicing and accounting). Where required, the processing of the customer’s personal data may also take place on the basis of Article 6.1, (a) (consent), for example for direct marketing purposes.

11.3 For marketing purposes, JDB Haarden BV will only contact the customer if the customer has given prior express consent, for example by ticking a box on a form or via email. The customer may withdraw this consent at any time, free of charge.

11.4 The customer has the right to access, rectify, erase, or transfer their personal data, as well as to object to or request restriction of processing. The customer may exercise these rights by sending a written request, accompanied by proof of identity, to [email protected].

11.5 For more information about the processing of personal data and the customer’s rights, the customer can consult the privacy statement available at www.jdbhaarden.be/privacy-policy. In case of complaints, the customer may contact the Data Protection Authority, Drukpersstraat 35, 1000 Brussels (www.gegevensbeschermingsautoriteit.be).

12. Miscellaneous Provisions

12.1 Neither party shall be liable for shortcomings in the execution of the after-sales service that are the direct result of force majeure (including, but not limited to: natural disaster, fire, pandemic, war, government measures, strikes by third parties, exceptional shortage of raw materials, supply chain disruptions, or utility failures). Performance deadlines shall be suspended for the duration of the force majeure. If the situation persists for more than sixty (60) calendar days, either party may terminate the agreement in writing without compensation.

12.2 If one or more provisions of these terms and conditions are declared null, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the parties shall replace the invalid provision with a valid one that most closely reflects the original intent.

12.3 The failure or delay by either party to exercise any right or remedy arising from this agreement shall not be construed as a waiver of that right.

12.4 These terms and conditions, together with the agreement and any appendices, constitute the entire agreement between the parties and replace all prior oral or written arrangements relating to the same subject matter.

12.5 The customer may not transfer their rights or obligations under this agreement to any third party without the prior written consent of JDB Haarden BV.

12.6 JDB Haarden BV may amend these terms and conditions for future after-sales service agreements. For consumers, such amendments shall only apply after prior notification and with due regard to the statutory rights of the consumer, including the right to terminate the agreement if the change has a significant impact.

13. Applicable Law and Jurisdiction

13.1 For consumer disputes, jurisdiction lies exclusively with the courts of the consumer’s place of residence, in accordance with Article 624 of the Judicial Code. For all other disputes, the courts of Antwerp shall have exclusive jurisdiction. Before initiating legal proceedings, either party may request that any technical dispute be submitted to the Construction Conciliation Commission, Espace Jacquemotte, Hoogstraat 139, 1000 Brussels, www.bouwverzoening.be.

13.2 All our agreements are governed exclusively by Belgian law.