Table of Contents
Terms and conditions
- Identity of the company
- Scope of Terms and Conditions
- Intellectual property
- Exclusion of liability
- Complaints and disputes
- Applicable law
1. Identity of the company
The Practice Academy Private limited company (commercial name and referred to in current conditions as: 'Noble Timber')
Commercial address: Tervurenlaan 34, 1040 Etterbeek, Belgium
VAT/CBE number: BE 0719.959.635
Phone: +32 (0)4 85 98 95 54
IBAN: BE27 0018 8276 7673
2. Scope of Terms and Conditions
2.1 By confirming the order on the website, the customer unconditionally agrees to the General Terms and Conditions, the prices and the description of the products/services sold.
3.1 All offers on this website are subject to change and shall not be binding on Noble Timber. Nor shall any order of a customer be binding upon Noble Timber. An agreement between Noble Timber and a customer shall only be formed upon the signing, confirmation of order or other written confirmation of Noble Timber after the procedure on the Website has been completed.
3.2 Any person who places an order on behalf of a legal person declares and is deemed to have full capacity and authority to make the purchase on behalf of that legal person. However, the person is jointly and severally liable in the event of non-performance by the legal entity.
3.3 Subject to the provisions of Clause 6 on "Payment", both parties shall only be contractually bound after they have gone through all the phases of the Webshop in a proper and comprehensive manner:
- The customer must first register on the website. During registration, the customer shall be asked for personal information to enable Noble Timber to fulfil its contractual obligations. These details must be entered as truthfully as possible.
- After successful registration, the customer can view prices and personalise their request. A customer places an order on the online shop by placing a product in the shopping basket and then completing the step-by-step process. In this way, the customer informs us that he wishes to order the product described.
- After checking the products/services ordered, the customer is asked to check his/her personal data and delivery address again. After approval of the data, the customer is requested to select a method of payment: payment by Visa or Bancontact, payment by credit (see Article 6.1.1 "Payment by credit") or payment by bank transfer. After selecting the payment method and possibly having already paid, the customer is directed to a page with a confirmation of the order. This confirmation is repeated by e-mail. The contract is now concluded.
- An order that is paid for by bank transfer only becomes final once payment has been received by Noble Timber. The payment term for payment by transfer is set at 7 working days at the latest. If payment is not made by this deadline, the order and the associated contract shall be cancelled.
3.4 Noble Timber reserves the right to refuse, suspend or cancel confirmation of the order in the following cases:
- In the event of an incomplete or incorrect order;
- In the event of information that is clearly incorrect;
- In the event of non-payment (if payment in advance is required).
4.1 All prices stated for the products on the website are exclusive of VAT. The VAT is only added to the price after the transport costs have been calculated (see Article 'Transport costs'). The price displayed at the end of the ordering process is the total price that the customer will ultimately pay. This total amount includes all costs and taxes. There are different price categories for the transport costs. These are explained in more detail under Article "Transport costs". By placing the order, the customer accepts the total amount, including the transport costs.
4.2 Noble Timber shall be entitled to change the prices on its website at any time. If an incorrect price is clearly stated (e.g. a price that is far too low due to a bug, typing error, technical error, etc.), no agreement shall be formed and Noble Timber shall be entitled to cancel the order, even if the customer has received an automatically generated email confirmation. The customer will then be notified as soon as possible and given the opportunity to place a new order at a corrected and accurate price if they so wish.
4.3 All (additional) taxes, duties, levies and current or future taxes relating to the delivered goods or transport shall always be borne by the customer and due in addition to the price of our products/services. The same applies to bank charges.
5.1 The transport of Noble Timber goods is divided into two categories: fast colli and special delivery:
- FAST COLLI generally applies to all products with a length of less than 2m.
- SPECIAL DELIVERY applies to all products with a length greater than 2m.
All products are packaged in the Noble Timber warehouse and are then delivered by an external transport company. Risk of loss, theft or damage shall pass to the customer when the goods have left the Noble Timber warehouse. Customer is aware of this and assumes all risks from that point forward. Accordingly, Noble Timber shall not be liable for errors or damage caused during or by transport.
5.2 Shipping costs
The transport costs are partly determined by the minimum order amount.
- Purchase price less than 200 euro (excl. VAT):
- for a fast colli (products with a length of less than 2m) the transport cost is 95 euro.
- for a special delivery (products with a length of more than 2m), the transport cost is 125 euro.
- Purchase amount higher than 200 euro (excl. VAT):
- for a fast colli (products with a length of less than 2m) the transport cost is 45 euro.
- For a special delivery (products with a length of more than 2m), the transport cost is 75 euro.
- Purchase amount higher than 2500 euro (excl. VAT): no transport cost
These prices exclude VAT.
5.3 Delivery address - Forklift truck
When placing an order, the customer must provide a delivery address to which Noble Timber can deliver the order. When ordering, the customer must indicate whether a forklift truck is available at the place of delivery and can be used for delivery. Any costs or delays caused by incorrect information in this regard shall be borne by the customer.
6.1 The payment of the products/services can be made in 3 ways and is always done in euro (€).
6.1.1 Deferred payment (credit)
The customer has the option to request deferred payment for an order. This is expressed in a virtual 'credit' that the customer may draw upon. Noble Timber shall decide unilaterally, after receiving the application, whether this right (credit) is to be granted to the customer and in what amount. Noble Timber reserves the right to change this right ("Credit") at any time, unilaterally and without the prior consent of the customer, i.e. increase, decrease or discontinue. This shall certainly apply if there are indications of irrecoverability or insolvency.
6.1.2 Payment by VISA/Bancontact
You can pay for your order online using VISA or Bancontact. The payment itself is handled by payment partner, Ingenico.
6.1.3 Payment by bank transfer
The customer may also choose to pay for his/her order by bank transfer to the following account: IBAN: BE27 0018 8276 7673 (BIC: GEBABEBB). In this case, his/her order will be reserved for a maximum of 7 working days. The order is only definitively placed after payment.
The bank transfer shall mention the order number or the order reference number. The order shall be prepared and dispatched as soon as payment has been received. Noble Timber reserves the right to suspend or cancel an order at any time if payment has not been received within 7 working days.
6.2 If an order is cancelled or changed by Noble Timber, a refund will be issued within a reasonable period of time.
6.3 If Internet fraud is suspected, our customer service department may ask the customer to identify himself by providing a copy of his identity card. If this additional information proves insufficient to convince us, Noble Timber reserves the right to suspend or cancel the order without the customer being entitled to compensation.
6.4 In the event of late payment or lack of payment, the customer shall be liable, jure and without notice of default, to pay liquidated damages of 10% on the total amount of the invoice, as well as interest on arrears on the entire amount of the invoice at a rate of 10% per annum.
6.5 Ownership of the sold product only passes to the customer after payment of the corresponding invoices, even if a right to deferred payment has been granted ("Credit"). Until such time, the customer is prohibited from using the delivered products as a means of payment, pledging them or encumbering them with any other security right or incorporating them into any other product. The customer has a duty of care in respect of the goods and must also have the products insured against all risks customary in the sector (fire, water damage, theft, etc.).
7. Intellectual property
7.1 The customer acknowledges that all information, graphics and data used on our website (illustrations, texts, descriptions, trademarks, images, videos, data, logos, databases, designations, etc.) are the property of Noble Timber and/or its co-contractors or partners. The customer undertakes not to publish, distribute, use, adapt or reproduce any of these, in whole or in part, in any form or manner whatsoever, unless he or she has first sought and obtained the written consent of Noble Timber or one of its partners. This concerns both the content and components of the website, as well as its structure, forms and layout.
7.2 Any customer who has his own website and wishes to place a link on this website that points directly to Noble Timber or a page of Noble Timber is obliged to request permission from us.
8. Exclusion of liability
8.1 The information published on Noble Timber's website is provided solely for the information of customers. This information is published without any undertaking as to its completeness, accuracy, updating or otherwise. Noble Timber therefore offers no guarantee as to the accuracy of the information provided by us on the Website, as technical errors or inaccuracies may always creep into this information. We therefore disclaim any liability with regard to the website's updating and the accuracy and completeness of the information posted. Some of the information is also provided by third parties that Noble Timber has deemed to be reliable. As such, Noble Timber disclaims any liability in relation to the provision of incorrect or incomplete information on the website, irrespective of whether such information originates from Noble Timber or third parties. Customer, and Customer alone, shall be responsible for the use of the website and the information contained therein.
8.2 Noble Timber shall only be liable in the event of fraud or gross negligence. However, if such error or fraud is committed by one of our employees, subcontractors or agents, we shall not be responsible for it.
Noble Timber shall not be liable for, or required to pay compensation for, any intangible, indirect or consequential loss, including (without limitation) loss of profit, loss of turnover, loss of revenue, reduction in production, administration or staff costs, increase in overheads, loss of clientele or claims or demands from third parties.
The contractual and extra-contractual liability of Noble Timber shall at all times be limited to an amount per claim that is equal to the maximum cover by Noble Timber's civil liability insurer.
Any claim by the customer for compensation shall lapse by operation of law if it is not brought before a competent court within a period of two years after the facts on which the claim is based were known or could have been known by the customer.
8.3 Noble Timber shall not be liable for any kind of indirect loss due to the present conditions, loss of business, loss of profits, loss of opportunity, damages or costs that may arise as a result of the purchase of the services or products.
9.2 The customer consents to the registration and processing of his data by Noble Timber. Data processing is used:
- For administrative purposes;
- For better management of contractual relations with customers;
- For the purpose of executing the contract;
- To confirm or correct the customer's personal data;
- To send any newsletters and/or brochures;
- To process information on our behalf;
- To assist in the performance of our compliance products and services;
- To carry out audits of our activities.
9.3 The customer has the right to consult his data and to ask for the incorrect data to be corrected or deleted. The customer then sends an e-mail to firstname.lastname@example.org.
9.4 Additional information and complaints regarding the protection of privacy and the computerised processing thereof may be obtained from the competent body: the Data Protection Authority; Rue de la Presse 35, 1000 Brussels. Also available on the website: https://www.dataprotectionauthority.be/ and to be contacted at email@example.com.
10. Complaints and disputes
10.1 Quality declaration
Wood is a natural product and is therefore subject to natural conditions. This ensures that wood can expand, shrink, crack, discolour and deform. Despite our strict controls (during felling, processing, transport and order preparation), changes may occur between the time the order is prepared in our warehouse and the time it is actually delivered to the customer. Noble Timber shall not be held liable for any deviations in the order that are the result of natural processes. Thus, Noble Timber does not guarantee specific and identical uniform colours, shapes, etc., and variations between pieces of wood are always observable.
10.2 Complaints and defects
The customer undertakes to take receipt of the purchased goods immediately upon delivery and to check that the quality and quantity corresponds to the order. Any visible defects must be reported to Noble Timber in writing without delay and within five days of delivery. If no complaints are made within five days, the customer shall be deemed to have accepted delivery in accordance with the agreement and without any visible defects.
The liability of Noble Timber for any hidden defects shall be limited to defects that become apparent within two months of delivery - given that products are delivered naturally. Any hidden defects must be reported to Noble Timber immediately, or at the latest within 8 days of discovery thereof.
If products delivered by Noble Timber are defective, the customer may, at Noble Timber's option, have the products repaired, replaced or refunded, without the customer being entitled to any form of compensation.
In the event of problems, the customer can always contact customer service:
- By e-mail: firstname.lastname@example.org
- By phone: +32 (0)4 85 98 95 54
10.3 Circumstances beyond one's control
In the event of force majeure, Noble Timber shall be released from its obligation by operation of law and shall not be required to fulfil any obligation towards the customer. Accordingly, Noble Timber may limit obligations entered into, cancel agreements and cancel or suspend performance. Force majeure events include war, civil war, strikes, attacks, lock-outs, machinery breakdowns, fires, floods, interruptions to transportation, difficulties in obtaining supplies of raw materials, materials and energy, governmental restrictions and delays due to suppliers, pandemics. Noble Timber shall not be required to prove the attributable and unforeseeable nature of the circumstance constituting force majeure. As the customer's obligation towards Noble Timber is essentially a payment obligation, force majeure on the part of the customer is hereby expressly excluded.
10.4 The invoices and orders can always be found in your account and an e-mail is also sent whenever you place an order. These copies are considered reliable and durable. In the context of their relations, all parties accept the principle of electronic evidence.
10.5 Declaration of invalidity
The eventuality that any provision of these General Terms and Conditions, which constitute a contract between the two parties, should be invalid due to a change in the law or regulations or a court decision, shall not affect the validity and observance of the other provisions of this contract.
11. Applicable law
11.1 The contractual relationships between Noble Timber and its customers shall be governed by Belgian law, regardless of the nationalities of the parties.
11.2 Any dispute that must be submitted to the court shall fall under the exclusive jurisdiction of the courts of Brussels.
11.3 All parties accept the principle of electronic evidence (e.g. e-mail, confirmation on your account, ...).