These General Terms and Conditions can be consulted in German, English, French and Spanish. In case of a discrepancy between the different versions, the German version prevails.

1. Scope

1.1. The general terms and conditions of the company C.M.H. (SPRL) - hereafter the “Seller” - apply to all contracts that a consumer or entrepreneur - hereafter the “Customer” - concludes with the Seller with regard to the goods and/or services presented by the Seller in his product range. Deviating regulations only apply to the extent that they have been agreed in writing between the Seller and the Customer or are expressly stated in the General Terms and Conditions.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2. Conclusion of contract

2.1. Offers made by the Seller are free of charge and non-binding.

2.2. Orders or order confirmations/placements must always be made in writing. Deviating regulations also require the written form.

2.3. The purchase contract is only legally binding when the Customer receives a corresponding order confirmation from the Seller.

2.4. Order processing and contact usually takes place via email. The Customer must ensure that the email address he provided to process the order is correct so that emails sent by the Seller can be received.

3. Prices and payment terms

3.1. The prices offered by the Seller are binding for the entire term of the contract. The prices shown do not include shipping costs. These may be stated separately in the offer.

3.2. The Seller offers the following payment options, unless otherwise agreed in the offer:

– Payment on invoice

– Advance payment by bank transfer

– According to the agreement

3.3. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs of transferring money (transfer fees, exchange rate fees) or import charges such as customs duties or taxes.

3.4. If advance payment has been agreed, payment is due immediately after conclusion of the contract. When paying by invoice, the Customer undertakes to pay the invoice amount immediately upon receipt of the goods.

4. Delivery and shipping conditions

4.1. Goods are usually delivered via shipping and to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

4.2. The costs for shipping the purchased item are to be borne by the Customer. If the Customer requests a special type of shipping that involves higher costs, he must also bear these additional costs.

4.3. If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer will bear the costs for the unsuccessful shipping. This does not apply if the Customer exercises his right of cancellation by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the the Seller had announced the service to him a reasonable time in advance.

4.4. In the case of self-collection, the Seller first informs the Customer by email that the goods he has ordered are ready for collection. After receiving this email, the Customer can collect the goods after consultation with the Seller. In this case, no shipping costs will be charged.

5. Retention of title

The purchased item remains the property of the Seller until full payment has been made by the Customer. The Customer undertakes, if necessary, to inform third parties of the Sellers retention of title, for example to anyone who seizes the items that have not yet been paid for.

6. Right of withdrawal

6.1. The Customer has the right to withdraw the order in writing (eg. by post or e-mail) without giving any reason. The withdrawal period is 14 calendar days. The withdrawal period starts the day on which the Customer or a third party appointed by the customer, who is not the carrier, physically receives the ordered goods. The withdrawal is to be made to: 

oilXpeller
C.M.H. (SPRL)
Route de Hockai 17
4845 Jalhay
Belgium 

E-Mail: info@oilxpeller.com

6.2. If the Customer cancels the agreement, the Seller will refund all payments received by the Customer, including delivery costs (except for the additional costs resulting from choosing a method of delivery other than the cheapest standard delivery offered by the Seller) within a maximum of 14 calendar days after the Seller has been informed of the Customer’s decision to cancel the contract. The Seller will reimburse the Customer with the same payment method with which the Customer has performed the original transaction, unless the Customer has explicitly agreed otherwise; in any case, the Customer will not be charged for reimbursement.

6.3. The Seller may refuse repayment until he has received the goods back or until proof has been provided that the goods have been returned.

6.4. These goods must be returned or handed over to the Seller immediately and in any case no later than 14 calendar days from the day on which the Seller received the cancellation. The deadline is met if the goods were sent before the deadline of 14 calendar days has expired. The Customer pays the costs for returning the goods himself.

6.5. If the returned product is reduced in value in any way, the Seller reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods that is the result of the Customers use of goods, goes beyond what is necessary to determine the nature, characteristics and functioning of goods.

6.6. The Customer cannot exercise the right of withdrawal for the delivery of goods manufactured according to the specifications of the Customer, or that are clearly intended for a specific person. When ordering personalized articles, the right of withdrawal expires.

7. Warranty

7.1. Pursuant to the Act of 21 September 2004 on the protection of the consumers, those consumers have certain legal rights when purchasing consumer goods. This legal warranty is valid as from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

7.2. In order to make a warranty claim, the Customer must be able to submit proof of purchase. Customers are recommended to keep the original packaging of the goods. 

7.3. If a defect is detected, the Customer must inform the Seller as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its detection. Thereafter, any right to repair or replacement expires.

7.4. The (commercial and/or legal) warranty never applies to defects caused by normal wear and tear, incorrect assembly, accidents, neglect, abnormal or incorrect use, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or poor maintenance.

7.5. Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, shall be deemed to be no hidden defects, unless the customer proves otherwise.

7.6. The guarantee is not transferable.

8. Privacy statement

In our Privacy policy you will find information about how C.M.H. (SPRL) will use your data. By accepting these terms and conditions, you also commit to our privacy statement.

9. Impairment of validity - non-renunciation

If any provision of these General Terms and Conditions is declared invalid, illegal or void, then this shall in no way affect the validity, legality and applicability of the other provisions. Failure of the Seller at any time, to enforce any of the rights set out in these Terms and Conditions, or to exercise any of these rights, shall never be regarded as a waiver of such provision and shall never affect the validity of these rights.

10. Change of Conditions

The Seller may change these General Terms and Conditions without notice. Any purchase after the change implies an acceptance by the Customer of these new Terms and Conditions.

11. Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

12. Applicable law and disputes

Belgian law applies, with the exception of the provisions of private international law with regard to applicable law and with the Rome-I regulation on international purchase agreements concerning movable property. All disputes regarding the conclusion, validity, interpretation or execution of the agreement or current General Terms and Conditions fall under the exclusive jurisdiction of the Belgian court where the Seller is established.

Last updated on 13/09/2023