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POMAX GENERAL TERMS & CONDITIONS

Version 1 – 25/10/2016

TABLE OF CONTENTS


Article   1 – Identity of the vendor

Article   2 – Applicability & Conditions

Article   3 – Our offer and your order

Article   4 – Right of withdrawal

Article   5 – Price

Article   6 – Payment

Article   7 – Compliance and Warranty

Article   8 – Delivery and execution

Article 9 – Force majeure

Article 10– Intellectual property rights

Article 11 – Complaints procedure and disputes

Article 12 - Contests


ARTICLE 1  // IDENTITY OF THE VENDOR


BOLD SA

POMAX (commercial name)

Duffelsesteenweg 160

2550 Kontich (Belgium)


E-mail address: webshop@pomax.com

Telephone No.: +32 (0)3 457 53 53

Company registration number: BE0466.306.417

VAT No.: BE0466.306.417


Introduction

These General Terms and Conditions (and any amendments thereto) apply to the use of this website and to the contract you and we enter into. These terms and conditions relate to the rights and obligations of all users (“you” / “your”) and those of BOLD (commercial name POMAX) (“us” / “our” / “we” / “the vendor”) in relation to the products that we offer through this website (www.pomax.com).

Please read these terms and conditions carefully before you click on the “Confirm order and pay” button at the end of the ordering process.

Using this website or placing an order binds you to these terms and conditions. If you have questions about the terms, please contact us using the online contact form.



ARTICLE 2 // APPLICABILITY & CONDITIONS


  1. Our General Terms and Conditions apply to every offer BOLD (commercial name POMAX) makes you as a Consumer (any natural person who acquires or uses marketed products or services for solely non-professional purposes).


  1. We only deliver in Belgium.  We reserve the right to reject your order if you give a delivery address in another country.


  1. You must be at least 18 years of age to place an order.  If you are under 18, please ask your parents or legal guardian to place the order for you.  We reserve the right to refuse an order if we discover that it was placed by a minor.


  1. Since there are also additional special conditions in addition to these General Terms and Conditions, the above also applies to those special conditions.  Should our General Terms and Conditions clash with these special conditions, as a consumer you are always entitled to invoke the most advantageous text in your favour.


  1. BOLD (commercial name POMAX) is entitled to amend and/or supplement these General Terms and Conditions. In the event of a material change, BOLD (commercial name POMAX) shall inform the Purchaser of this fact in writing at least one month before the relevant amendment or addition is due to take effect. Unless the Purchaser submits a written objection to the General Terms and Conditions within two weeks of the date of the written notification, the Purchaser shall be deemed to have tacitly accepted the amendment or addition.



Ordering through our website


  1. Placing an order on the website is considered as an express acceptance of our General Terms and Conditions which can always be viewed on the website.


  1. If you order online, we will provide you with a copy of these General Terms and Conditions in a format that you can save or print at the time of the order confirmation or, at the latest, upon delivery.  In any case, we recommend that you always save or print them.


ARTICLE 3 // OUR OFFER AND YOUR ORDER


  1. If an offer is only valid for a limited time or is subject to certain conditions, we clearly mention this in our offer. Where such a term is not specified, the offer made by BOLD (commercial name POMAX) shall remain valid while stocks last. We always describe as completely and accurately as possible what we sell you and how the ordering process will take place.  In any case, the description is sufficiently detailed to allow you to make a proper assessment. Whenever we use images, these are a faithful illustration of the goods and/or services on offer. It is impossible to guarantee a perfect representation of the products on the website and/or in the catalogues, particularly due to the differences in colour rendering between the navigation software and/or screen displays, and BOLD (commercial name POMAX) cannot be held liable for the inaccuracy of the pictures on the website. 


  1. Your order is complete and the contract between us becomes final as soon as we receive approval by the card issuer for your payment transaction by credit or debit card. We accept Maestro, Bancontact, Visa and MasterCard. If the issuer of your card refuses to clear your payment to us, we cannot be held liable for any delays in the delivery and/or the non-delivery of your order. Orders without a valid payment in the name of the registered cardholder will not be accepted or processed.



Ordering through our website


  1. You need to add a product to the shopping basket in order to purchase that product. Afterwards, you need to enter your contact details and billing information. Then, choose your method of delivery: have it shipped to the address provided by you. During the last step, you will get a summary page. You will need to accept our General Terms and Conditions and confirm your payment by clicking on the order button with the caption “Order with obligation to pay”. Your purchase will be final when you have completed these steps. We will send you an order confirmation by e-mail.


ARTICLE 4 // RIGHT OF WITHDRAWAL


  1. If you buy goods or services from us, by law you have 14 calendar days from the delivery date to decide whether or not to keep the goods or services.  In such a case, you are entitled to return (at your own expense) your order without incurring any penalty and without providing any reason.  We will refund you the full purchase price no later than 14 calendar days after we receive your order back from you (see also point 3). The refund may be made using a payment method other than the one used by you.


  1. You will therefore have to bear the direct costs of sending back the goods. We will indicate what it will cost or give an estimate, if this cannot be reasonably calculated in advance. If returning the goods by post proves impossible, we will come to collect them from your home address and won’t charge you anything for this.


  1. We may withhold reimbursement until we have the goods back in our possession or you have demonstrated that you have returned the goods, whichever is the earliest.


  1. We expect you to take great care of your order and packaging during the first 14 days after delivery. If you want to still be able to return the goods as described above, you can unpack or use them only to the extent that is necessary to determine whether or not you want to keep them. The Purchaser can check them for a good fit in their final location, but returned goods must be unused.  If you return the goods, do so with the original packaging (if possible), in their original condition, with all the accessories supplied, while taking our instructions below into account.


  1. You can send your return package by post.


  1. You can fill out the form below and send it to BOLD (commercial name POMAX), attn. Web shop, Duffelsesteenweg 160, 2550 Kontich, Belgium in order to exercise – without delay and correctly – your right of withdrawal in the supply of both services and goods. We will e-mail you an acknowledgment of receipt of your withdrawal.


ARTICLE 5 // PRICE


  1. Our prices will not change during the period mentioned in our special offers, except for price changes resulting from changes in VAT rates. 


  1. Our prices include all taxes, VAT, levies and services.  Consequently, you can be sure they will never be any nasty surprises.  However, we may decide to charge the shipping cost on top of the purchase price. If that is the case, we will always inform you before you finalise your order.


ARTICLE 6 // PAYMENT


Online payment


  1. On our website, we only accept payment through the methods of payment displayed there: Maestro, Bancontact.


  1. To ensure secure online payment and the security of your personal details, the transaction data is encrypted with SSL technology when it is transmitted over the Net. You don’t need special software in order to pay using SSL technology. You can tell that you have a secure SSL connection by the ‘padlock’ icon displayed in the lower status bar of your browser.


ARTICLE 7 // COMPLIANCE AND WARRANTY


  1. We guarantee that our products are as ordered and meet the customer’s normal expectations, taking into account the product specifications.  Of course, we guarantee that our products comply with the existing laws at the time of your order.


  1. Also with regard to the supply of goods, we guarantee the legal minimum warranty period of two years should the product not be as ordered. This means that, should a product display faults or defects, this product may be replaced free of charge for up to two years following its delivery.


Only if a replacement is excessive, impossible or cannot be performed within a reasonable timeframe will you be entitled to demand a price reduction or termination of the sales contract.


If the defect or fault manifests itself within 6 months of delivery, it shall be considered to have already existed before the delivery, unless we can prove otherwise. After 6 months have elapsed, it will be up to you to prove that the defect was already present when the product was delivered.


  1. The sales contract may actually limit the timeframe during which you can identify a defect. This timeframe cannot be shorter than two months, however.


In principle, the consumer’s right of action lapses within one year of spotting the defect.


The two-year warranty period shall be suspended during the replacement period.

You will not benefit from a new two-year warranty period, but the term that has already begun will resume starting from the day you receive the replacement product.


ARTICLE 8 // DELIVERY AND EXECUTION


  1. All goods and services will be delivered to the address that you specify when ordering. Your order is delivered to the frontdoor, with our current transportpartners it is not possible to deliver to different floors or a location other than the frontdoor.


  1. When an item is in stock, it will arrive at your delivery address within 1 to 3 days. We will give you the delivery period in your order confirmation.


   3. If we cannot deliver on time, we will always let you know before the scheduled delivery deadline has expired.  If we fail to do that, you can retract from your order at no cost to you.  Should that happen, we will refund you no later than 30 days after termination of the contract.


   4. We always bear the full risk of shipping goods. This means that you do not have to worry about goods getting lost in the post.  However, if you return our goods within 14 calendar days of purchase because you would rather not keep them, you are responsible for their transport.


   5. If the goods supplied by us are damaged during transport, do not match the items listed on the delivery slip, or do not match the items you ordered, you should report it as soon as possible and certainly within three (3) working days and return the items to us within 14 calendar days of receipt. You must use the ‘return form’ supplied for that purpose. Should you have any queries while filling out this return form, feel free to contact a member of our staff at the e-mail address: webshop@pomax.com.


We cannot be held liable for any consequential loss for late delivery or non-delivery by the carrier which was hired by the company. Our liability in such cases remains limited to the value of the items for which it has been proven that they were not received by the customer.


ARTICLE 9 // FORCE MAJEURE


  1. We are not bound to fulfil our obligations in a case of force majeure. In such cases, we are entitled to suspend our obligations for the duration of the force majeure, or definitively terminate the contract.


  1. Force majeure is any circumstance beyond our will and control which prevents us from fulfilling our obligations in whole or in part. These circumstances include, among others: strikes, fire, machine breakdowns, power failures, failures in (telecoms) networks, connections or communication systems used and/or the inaccessibility of our website at any time, late or non-delivery by suppliers or other third-party contractors, etc.


ARTICLE 10 //  INTELLECTUAL PROPERTY RIGHTS


  1. Our website, logos, texts, photographs, names and, in general, all our communications are protected by intellectual property rights held either by us, our suppliers, or other right holders.


  1. It is forbidden to use and/or implement changes to the intellectual property rights as described in this article.  Consequently, for example, you may not copy or reproduce illustrations, photographs, texts, logo colour combinations, etc. without our prior express written consent.


ARTICLE 11 // COMPLAINTS PROCEDURE AND DISPUTES


  1. It goes without saying that we hope that all our customers are fully satisfied.  However, if you do have reason to complain about our products or services, you can contact us by e-mail at webshop@pomax.com. We will do our utmost to handle your complaint within seven (7) days.


  1. All the contracts that we enter into with our customers, irrespective of their place of residence, are governed exclusively by Belgian law. Should disputes arise, the competent Belgian courts have jurisdiction.  Where, for reasons of international law, another law should nevertheless apply, it shall be resorted, in the first instance, to Volume VI of the Belgian Code of Economic Law in the interpretation of these General Terms and Conditions.



ARTICLE 12 // CONTESTS


INSTAGRAM COMPETITION POMAX X NONA DRINKS
RULES


ARTICLE 1: ORGANISING COMPANIES
POMAX NV, a company registered under the company number BE0449.729.612, with registered office at Duffelsesteenweg 160 2550 Kontich Belgium and NONA DRINKS SPRL, a company registered under the company number BE0721.565. 677, with registered office at Stropstraat 72, 9000 Ghent (hereinafter referred to as the "Organising Companies"), are organising a joint competition called "POMAX X NONA DRINKS" on their Instagram accounts around the products of their ranges (hereinafter referred to as the "Competition").

ARTICLE 2: PARTICIPATION
1. This competition is open to all natural persons residing in Belgium and the Netherlands. Persons who have participated in the direct or indirect development of the Contest Games (and in particular members of the Organising Companies) are excluded. 
2. The Organising Companies reserve the right to ask any participant to prove these conditions. Any person who does not meet these conditions or who refuses to justify them will be excluded from the Competition. 
3. For minors wishing to participate, the parents or legal guardian declare, by participating in one of the Competitions, that they approve the rules. The Organising Companies reserve the right, at the time of the designation of the winner(s), to have these rules approved by a parent or legal guardian if a minor has been selected as a winner(s).
4. Participation in the Competition implies full and unconditional acceptance of these rules. Participation by residents of countries other than Belgium or the Netherlands cannot be taken into account. 
5. Incomplete details, details that do not comply with the rules or details received after the closing date for participation will not be taken into consideration.
6. Apart from requests for the rules, no written or telephone enquiries regarding the operation of this competition will be answered. 

ARTICLE 3: ACCESS AND DURATION 
1. The Competition is open from the moment of the publication posted on the Instagram account (i.e. 29 July 2022) of the Organising Company POMAX NV and for a maximum duration of 10 days (7 August 2022). No participation in the Competition will be possible after this period. 
2. This Competition is free and without obligation to purchase. 
3. The Competition is announced via the Instagram accounts of the Organising Companies; - Any partners of the Organising Companies.
4. The Organising Companies reserve the right to postpone, modify, cancel or renew the Competitions and the prizes awarded if circumstances so require. In any event, the Organising Companies shall not be held liable in this respect.

ARTICLE 4: PRINCIPLE OF THE COMPETITION AND DESIGNATION OF WINNERS
4.1 : Principle of the Competition: 1. The principle of the Competition consists of three steps: 
a) follow the @pomax_official and @nonadrinks accounts on Instagram
b) liking the image publications of the @pomax_official and @nonadrinks accounts relating to the competition and identifying 3 friends in the comments section
c) share the publication in your feed and/or story
2. All additions that are contrary to public order and morality are prohibited. Thus, the Organising Company reserves the right to remove from one of the Competitions, without prior notice, any answer that is pornographic, racist, inciting to violence or does not correspond to the theme of the Competition in question. 
3. Participants shall be randomly selected by means of the Lukky application 
4. The participant must have a valid Instagram profile in order to be contacted in the event of winning. Each participant is responsible for the accuracy of the information provided. Only one entry per household (same name, same postal or e-mail address, etc.) may be sent during the validity period of the Contest. Participants are informed that the Organising Company may carry out all verifications in this respect without having to inform them of the exercise of such verifications on the one hand, or of their subsequent exclusion on the other. 
3 4.2 : Designation of the winner(s) :
1. The selection of the 4 winners will take place within 7 days from the end of the Contest from among all the participants whose entries were validly submitted in the context of the Contest. 2 of the winners will be chosen by the company POMAX, and 2 will be chosen by the company NONA Drinks.
2. The 4 winners will be contacted via their Instagram account to announce the prize received. 

ARTICLE 5: PRIZES 
1. List of prizes: - The prizes for the competition are as follows: for each winner: a set of 4 identical Pomax cocktail glasses from the Shirley range, to be chosen between the references: 39013-CLR-20, 39013-PIN-20, 39013-PIN-05 or 39013-CLR-05, as well as a 70cl bottle of NONA Drinks, to be chosen between the flavours "Blood orange/Gentian" and "Citrus/Herbs".
2. The prizes are not exchangeable, replaceable or refundable, and cannot give rise to any monetary consideration for any reason whatsoever, even in the event of loss, theft or damage. 
3. Prizes that cannot be awarded due to an error, omission or modification in the contact information provided by the winner(s) of the Contest shall be retained by the Organising Companies. 

ARTICLE 6: TERMS AND CONDITIONS FOR TAKING POSSESSION OF THE PRIZE 
1. Each of the winners will be notified personally via their Instagram account, at the latest 7 days after the end date of each of the Competitions. The results will be published on the Intagram accounts of the organising companies. 
2. The winner(s) will have a period of fifteen days from receipt of the email to confirm his/her acceptance of the prize and confirm his/her contact details. Any winner who has not responded within this period will be deemed to have renounced his/her prize outright. At the end of this period, the unclaimed prize will be definitively lost. 
3. The prizes shall be sent within two months of the announcement of the results of each of the Competitions. They will be sent by the Organising Company POMAX NV by post. 
4. The prizes cannot be contested in any way, nor can they be exchanged for cash, nor can they be exchanged for anything else. 
5. The Organising Companies shall not be held responsible in the event of non-delivery of the email announcing the prize, in the event of failure of the access provider, in the event of failure of the Internet network or for any other case. 
6. The Organising Companies reserve the right to ask any participant to justify the information communicated at the time of his/her participation in one of the Competition Games and in particular authorise themselves to carry out any checks on the identity or contact details of the participant. 
7. However, the Organising Companies reserve the right, in the event of force majeure, to replace the prize offered with another prize.  

ARTICLE 7: PUBLICITY AND PROMOTION OF THE WINNER(S) 
1. By the mere fact of their participation in one of the Competitions, the winner(s) authorise(s) the Organising Companies to reproduce and use his/her/their contact details (Instagram handle) on the one hand via the social networks (Instagram, Facebook, Twitter) of the Organising Company and via the various means of communication of the Organising Company and, on the other hand, in any promotional offer and publicity-promotional event linked to the Competition in question, without this use being able to confer on the winner(s) any right to remuneration or advantage whatsoever. 
2. The participant guarantees that he/she is not bound by any exclusive contract relating to the use of his/her image or name. 
3. Each winner accepts in advance the use of his/her Instagram nickname, name and surname on any medium whatsoever, for the purposes of advertising or other communication, on the internet or otherwise, for a maximum period of 1 year without this use giving rise to any right to a benefit other than the prize won. 
In the event that a winner does not wish to do so, he/she must stipulate this in writing in the Instagram message sent to the Organising Company upon confirmation of acceptance of his/her win. 

ARTICLE 8: LIABILITY 
1. The Organising Companies shall not be held liable in the event of malfunctioning of the "Internet" network preventing the proper running of the Contest, in particular due to external acts of malice. 
2. The Organising Companies shall not be held liable for any input errors and/or technical malfunctions that may prevent the sending of messages or the proper running of the Contest. 
3. The Organising Company Pomax NV declines all responsibility for the delivery, quality and condition of the prizes on delivery. In the event that the prizes are returned to the Organising Company, the winner(s) will lose the benefit of his/her/their prize. 
4. In addition, the Organising Company may not be held liable in the event of problems with the delivery or loss of postal or electronic mail. 
5. The Organising Companies reserve the right to exclude from one of the Competitions and to take legal action against any person who has cheated or disrupted the smooth running of one of the Competitions. 

ARTICLE 9: PROCESSING OF PERSONAL DATA
1. The Organising Companies are required to process personal data relating to the participants or communicated by the latter, on the occasion of their participation in the Contest Game and the communication surrounding the same, as well as in the context of the provision of the prizes to the winner(s). 
2. The personal data thus collected or produced will be used mainly for the purposes of: (i) administrative management, for example: informing the winner(s), sending the prizes, etc. (ii) communication about the Competitions on the websites and social networks of the Organising Company. 
3. The personal data of the participants thus collected by the Organising Company will be used: (i) by the Organising Company in the context of the Competitions; (ii) by any partner of the Organising Company; (iii) by any third party authorised by the regulatory and legislative texts... 
4. Participants concerned by the processing of their personal data have a right of access to such data and may also request that inaccurate, incomplete or out-of-date data be rectified, updated or deleted, and may object, subject to providing proof of a legitimate reason, to personal data concerning them being processed. Participants acknowledge that they may not object to the processing of their personal data where such processing is necessary for the performance of the obligations contained in these rules. 
5. The personal data of the participants shall be stored and kept by the Organising Companies themselves and/or any subcontractor of their choice for the entire period necessary for the strict performance of their obligations as set out in these rules and at least for the entire duration of the Contest in question and its communication. 
6. Any request for access, rectification or opposition must be addressed to : POMAX NV - "Instagram Contest" - Duffelsesteenweg 160 2550 Kontich Belgium. 

ARTICLE 10: CONSULTATION OF THE RULES 
1. The complete rules will be sent, free of charge, to any person upon request on the "contact" section of the website pomax.com or by mail to the following addresses POMAX NV - "Instagram Contest" - Duffelsesteenweg 160 2550 Kontich Belgium. Stamp reimbursed at the slow rate in force. Only one copy request will be taken into account per household. 
2. It is also possible to consult the rules on the website of the Organising Company accessible at the url https://www.pomax.com/fr/content/terms. 
3. No other oral requests concerning the Contest will be answered. 
4. The Organising Company POMAX NV reserves the right to modify the present rules, any modification will be available on the website https://www.pomax.com/fr/content/terms. 

ARTICLE 11: DISPUTES 
1. The simple fact of taking part in one of the competitions implies full acceptance of the present rules. 
2. If one or more provisions of these rules are declared null and void or inapplicable, the other clauses shall retain their full force and scope. 
3. These rules are subject to Belgian law. Any practical difficulty of application or interpretation of these rules will be decided by the Organizing Company POMAX NV. Any dispute arising from one of the competition games will be submitted to the court of Antwerp. No dispute will be accepted one month after the end of the competition.