General terms

These general terms and conditions apply to all offers, sales, deliveries, and services of JDB Haarden BV related to fireplaces.

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

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

General term and conditions - Interior

General terms and conditions - Aftercare

General terms and conditions - Venue rental

1. Scope of Application

1.1. These general terms and conditions apply to all quotations, contracts, sales, deliveries, and services of JDB Haarden BV relating to fireplaces, stoves, and flue systems, regardless of the nature of the agreement, unless the parties have expressly and in writing agreed otherwise.

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

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

1.4. These terms and conditions 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, Prices, and Additional Work

2.1. Our quotations are only binding if signed by the managing director or their appointed representative after the final measurement, and remain valid for thirty (30) days from the quotation date. If the VAT rate changes before the balance is invoiced, the amount still to be invoiced will be adjusted accordingly, even if a VAT-inclusive price was previously agreed. In deviation from Article 1793 of the Belgian Civil Code, JDB Haarden BV may prove additional work by any legal means.

2.2. Provisions imposed by the safety coordinator that were not known at the time of the quotation are not included unless otherwise stated. These costs will be charged to the customer. Once a project enters production, no free modifications can be made. Any additional costs will be borne by the customer.

2.3. Additional measurements, site meetings, or delivery appointments requested by the customer, or made necessary by circumstances attributable to the customer, will be charged at €85/hour (excluding travel expenses).

Additional work outside the original quotation will be charged at €75/hour (excluding travel expenses, project materials, compensation for site setup and installation requirements, as well as waste processing and disposal costs).

For B2B customers, such work may be substantiated by work orders or internal site notes from JDB Haarden BV. For consumers (Book VI of the Belgian Code of Economic Law), additional work will only be charged if it was expressly agreed upon or confirmed in writing beforehand (for example, by email or a signed work order), except in cases of necessary or urgent work resulting from the customer’s fault, negligence, or omission.

2.4. The customer and/or their (interior) architect must be present at the final measurement. Production or execution plans will be provided to the customer for written approval. After approval and the start of production, no changes can be made without written consent from JDB Haarden BV. Any subsequent modifications are only possible with express written approval from JDB Haarden BV and may result in additional costs and/or an adjusted delivery timeline.

2.5. Provisions relating to energy performance regulations imposed by the client that were not known at the time of submitting the quotation are not included in our offer unless otherwise stated. Such provisions will be charged to the customer. The assignment can only be carried out once JDB Haarden BV has received the necessary information in due time, including studies, plans, documents, sketches, drawings, samples, and designs. This technical information must be provided beforehand by the client and/or their representatives (e.g., architect or engineering firm). It must reach JDB Haarden BV in time to allow proper preparation of the works. In the absence of such information, JDB Haarden BV cannot be held responsible for delays or missed deadlines. JDB Haarden BV can never be held liable for failure to achieve the required energy performance level (E-value).

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 remain at all times the property of JDB Haarden BV and are protected by copyright and other intellectual property rights.

3.2. These materials may be used solely 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 of these materials by themselves or by third parties to whom they have provided them. JDB Haarden BV reserves the right to claim compensation in the event of infringement, amounting to at least ten percent (10%) of the contract value, without prejudice to the right to full compensation for the actual damage suffered.

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

4. Execution of the Works

4.1. The stated delivery periods are always indicative and do not constitute an obligation of result. A delayed delivery can never give rise to the termination of the agreement or to any compensation payable by JDB Haarden BV.

4.2. If the delivery period is exceeded, the customer must first place JDB Haarden BV in default by registered letter and attempt to reach an amicable or judicial settlement.

4.3. If the execution of the works 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. JDB Haarden BV will determine when the works can be resumed, without any liability for delay-related compensation.

4.4. The goods supplied by JDB Haarden BV are transported to the site at the risk of JDB Haarden BV. The customer must ensure that the goods can be unloaded immediately upon arrival and safely stored. The risk transfers to the customer as the goods are incorporated into the works. Even after incorporation, ownership of the delivered materials remains with JDB Haarden BV until full payment of all amounts due.

4.5. Until ownership has been transferred, the customer is merely the holder, and JDB Haarden BV may, without the customer’s consent, detach and reclaim the materials. This right expires once the customer has settled all debts owed to JDB Haarden BV.

4.6. The customer undertakes to ensure that a functioning water and electricity connection is always available on site. If electricity cannot be provided and JDB Haarden BV is forced to use a generator or other equipment, all related costs will be fully charged to the customer. The customer guarantees that the site is normally accessible or will make it accessible at their own expense so that works and deliveries can proceed without obstruction. Unnecessary travel costs and waiting times exceeding fifteen (15) minutes caused by the customer will be invoiced at the applicable hourly rate.

4.7. The customer also guarantees that the workspace is free of obstacles, adequately prepared, and - where necessary - equipped with dust protection so that JDB Haarden BV can perform the work safely and efficiently.

4.8. Furthermore, the customer shall, at their own expense, provide sufficient parking spaces in the immediate vicinity of the site and is responsible for obtaining all required permits or authorizations, including parking and occupancy permits, unless otherwise agreed in writing.

4.9. The execution of the works shall be carried out according to the standards of good craftsmanship, as defined in the contractual documents or, in their absence, in the technical specifications of Buildwise (formerly WTCB) applicable on the date of the quotation. The customer accepts these execution standards.

5. Delivery and Acceptance

5.1. Unless otherwise agreed in writing, it is understood that if no remarks are sent to JDB Haarden BV by registered mail within eight (8) days after execution, the works are deemed to have been definitively accepted. This moment is therefore considered the sole and final acceptance. Any visible defects or non-conformities existing at the time of installation must be reported to JDB Haarden BV by registered mail within eight (8) days after execution or delivery; otherwise, they are deemed accepted.

5.2. The following shall not be considered a lack of conformity, nor a visible or hidden defect: minor variations in color, dimensions, or construction of the product, insofar as these are technically unavoidable, generally accepted, or inherent to the materials used.

An exception applies if the order form explicitly states that certain characteristics (such as construction, dimensions, color, or design) constitute an essential element of the agreement for the customer.

Differences in color, structure, or size that are inherent to natural materials or result from the production process of custom-made products cannot give rise to refusal or compensation, as long as they fall within standard tolerances. Samples and swatches are merely indicative.

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 legal cooling-off period of fourteen (14) calendar days to withdraw from the agreement without giving any reason.

6.2. For the delivery of goods, the withdrawal period begins on the day the customer, or a third party designated by the customer, physically takes possession of the goods. For the provision of services, the withdrawal period begins on the day the agreement is concluded.

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

6.3.1. Goods made to the customer’s specifications or clearly intended for a specific person (custom-made or personalized products), including custom fireplaces and finishes;

6.3.2. Goods which, by their nature, are irreversibly mixed with other products after delivery;

6.3.3. Services that have been fully performed with the customer’s prior express consent, where the customer has acknowledged losing their right of withdrawal once the agreement has been fully executed;

6.3.4. Goods that have been installed or built in by the customer after delivery, such that they cannot be removed without damage.

6.4. If the customer requests that work or installation begin before the expiry of the withdrawal period, the customer must confirm this request in writing. If the customer subsequently withdraws from the agreement within the withdrawal period, they must compensate JDB Haarden BV for the work already performed and materials used.

6.5. To exercise the right of withdrawal, the customer must inform JDB Haarden BV of their decision to withdraw from the agreement via an unambiguous statement (for example, by registered letter or email) within the applicable period. JDB Haarden BV will make a model withdrawal form available in accordance with legal requirements.

6.6. Customers acting in the course of their profession or business (B2B) are under no circumstances entitled to a right of withdrawal.

7. Warranty and Liability

7.1. Where provided by law, the ten-year (10) liability as stipulated 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 (B2C), the statutory warranty provisions on consumer protection apply in full. This legal warranty is valid for two (2) years from the date of delivery. The customer must report any lack of conformity in writing within two (2) months after discovery.

7.3. For customers not acting as consumers (B2B), and unless otherwise agreed in writing, a contractual warranty of twelve (12) months from the date of completion is granted for minor hidden defects. The defect is presumed to have existed at the time of completion unless proven otherwise. This contractual warranty only applies if the customer reports any discovered defect by registered mail, in detail and in writing, within one (1) month after discovery to JDB Haarden BV.

7.4. The warranty is strictly limited to the free replacement of parts proven to have a manufacturing or assembly defect, excluding any other form of compensation. No new warranty is granted on performed repairs. Liability for supplied and used products is limited to the guarantees provided by the manufacturer.

7.5. No claim under statutory or contractual warranty is possible if and insofar as the defect results from one or more of the following - or similar - circumstances, including but not limited to:

7.5.1. Improper use or 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. Performing maintenance, repairs, dismantling, or installation in violation of the operating instructions or without prior written consent from JDB Haarden BV;

7.5.3. Damage caused by frost, moisture, fire (including chimney fire), force majeure, or any act or deliberate fault by the customer or their representatives;

7.5.4. Failure to perform regular maintenance as prescribed by JDB Haarden BV or the manufacturer;

7.5.5. Damage to existing installations if they 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, on any legal basis whatsoever, is in all cases limited to the lesser of:

7.6.1. The total amount of the actual price paid by the customer for the relevant order;

or

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

7.7. JDB Haarden BV cannot be held liable for the errors of its agents, subcontractors, or other auxiliaries, except in cases of intent or gross negligence by JDB Haarden BV itself or a person acting on its behalf. To the extent permitted by law, any personal liability of directors or employees of JDB Haarden BV is excluded.

8. Customer Obligations

8.1. The customer must provide all information, documents, and cooperation necessary for the proper execution of the agreement, accurately and in a timely manner.

8.2. The customer is responsible, at their own expense, for obtaining all permits, approvals, and connections required for the execution of the works.

8.3. The customer must ensure that the site is accessible to JDB Haarden BV and its representatives at all times and must provide safe working conditions. The customer must also take appropriate measures to protect existing floors, walls, and furnishings, and install adequate dust protection where necessary.

8.4. The customer is responsible for the compliance and suitability of any materials or appliances they provide, unless otherwise agreed in writing.

8.5. The customer must immediately inform JDB Haarden BV of any circumstance that may delay or prevent the execution of the works.

8.6. The customer guarantees that on-site measurements can be carried out and that walls, floors, and ceilings are in the agreed condition prior to installation. If additional measurements or adjustments are required as a result, the related costs will be charged separately.

8.7. The customer must comply with all instructions, guidelines, and warnings issued by JDB Haarden BV and/or the manufacturer regarding installation, use, maintenance, and safety of the delivered products and completed works.

8.8. These obligations are inseparable from, and form a condition for, the execution of the works as described in Article 4.

8.9. If the customer fails to meet these obligations, JDB Haarden BV has the right to suspend execution of the works, adjust delivery timelines, and/or charge additional costs, without prejudice to the right to claim damages.

9. Payment

9.1. JDB Haarden BV requires an advance payment of thirty percent (30%) of the total amount for each agreement. The remaining balance will be invoiced as specified in the agreement or, in the absence of specific arrangements, according to the progress of the works.

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. An invoice is only considered paid once the full amount has been credited to our account.

9.3. For customers acting in the course of a profession or business (B2B), invoices are deemed accepted unless they are disputed by registered mail within eight (8) calendar days after receipt, with a clear statement of reasons. 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 (Default and Cancellation) apply, including the right of JDB Haarden BV to suspend execution of the works, adjust delivery deadlines, and/or charge additional costs, without prejudice to its other rights and subject to the mandatory consumer protections set out in Book XIX of the Belgian Code of Economic Law.

10. Default 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. In the event of cancellation or termination of the agreement by the customer, the customer is required to pay:

10.2.1. The value of the works already performed and the materials purchased for the relevant project;

and

10.2.2. A fixed compensation of twenty percent (20%) of the agreed price to cover administrative and commercial costs, without prejudice to JDB Haarden BV’s right to claim higher proven damages.

10.3. If an invoice is not paid on time, JDB Haarden BV reserves the right to suspend the execution of any remaining works until full payment has been received. JDB Haarden BV will determine when the works can resume and is not liable for any delay-related compensation. If JDB Haarden BV suffers damages as a result of such suspension, the customer shall compensate these losses.

10.4. If the customer acts in the course of a profession or business (B2B), late payment (after the due date and without prior notice of default) automatically incurs statutory interest as defined by the Law of 2 August 2002 on combating late payment in commercial transactions. In addition, a fixed compensation of €40 is due in accordance with Article 6 of that law, without prejudice to JDB Haarden BV’s right to recover higher proven collection costs.

10.5. If the customer acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (WER), a first payment reminder will be sent free of charge in the event of late payment. If the customer fails to pay within the term specified in that reminder, the following fixed compensation amounts apply:

10.5.1. €20 if the outstanding balance is less than or equal to €150;

10.5.2. €30 plus 10% of the portion of the outstanding amount between €150.01 and €500 if the balance is between €150.01 and €500;

10.5.3. €65 plus 5% of the portion of the outstanding amount above €500, with a maximum of €2,000, if the balance exceeds €500.

Under Book XIX of the Code of Economic Law, interest for late payment and compensation may only be charged after at least fourteen (14) calendar days have passed since the dispatch of the first free reminder. The above limits 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. The processing is based on 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 explicit consent, for example by ticking a box on a form or by email. The customer may withdraw this consent at any time, free of charge.

11.4. The customer has the right to access, correct, delete, or transfer their personal data, as well as to object to or request restriction of processing. These rights may be exercised by submitting 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 policy 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 any failure to perform its obligations that is a direct result of force majeure (including, but not limited to: natural disasters, fire, pandemics, war, government measures, strikes by third parties, exceptional shortages of raw materials, or disruptions in supply chains or utilities). Execution periods are 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 any right to compensation.

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

12.3. Failure or delay by either party in exercising any right or remedy under this agreement shall not be considered a waiver of that right.

12.4. These terms, together with the agreement and any annexes, 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 for future agreements. For consumers, such amendments shall only apply after prior notification and in compliance with the customer’s statutory rights, including the right to terminate the agreement if the modification has a substantial impact.

13. Applicable Law and Jurisdiction

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

13.2. All agreements are governed exclusively by Belgian law.