GENERAL SALES AND INVOICE TERMS AND CONDITIONS

1. Applicability

These general sales and invoice terms and conditions apply to all sales and deliveries of goods and services by Porteq, excluding other terms. Deviations are only possible if explicitly accepted in writing by Porteq. The customer acknowledges that, if Porteq delivers products originating from a third party, liability concerning this sale is governed by the warranty terms, usage terms, and/or any other contractual conditions of the end supplier, which the customer confirms to have read. No provision mentioned on order forms or correspondence from the buyer will exempt the buyer, unless expressly stated in writing by us in quotations and/or confirmations.

2. Prices

Prices listed in estimates, quotations, and catalogs issued by Porteq are provided for informational purposes only and are not binding, either in terms of price or technical specifications. Unless expressly agreed otherwise, the stated prices exclude VAT and any other costs and taxes, including packaging, travel, shipping, storage, or administrative costs. Prices listed in estimates, quotations, and catalogs issued by Porteq are only binding if explicitly confirmed in writing by Porteq and only remain binding for a period of eight days. Order prices are accepted subject to all cases of force majeure, including abnormal price increases imposed by our suppliers. In all cases, orders will be invoiced according to the terms of the current price list at the time of delivery, regardless of the price at which they were confirmed. An agreement between the buyer and Porteq is only established when the buyer receives a written order confirmation from Porteq. Later changes or additions to the contract must be confirmed in writing between the parties to be valid. For repair orders, Porteq will perform all necessary services, which will be charged based on the work performed.

3. Delivery

Delivery is made at our warehouses. Transportation of the goods is always at the buyer’s expense, with the method of transport determined by Porteq. Goods are delivered according to the order. Porteq is not responsible for damage caused by the buyer’s error due to incorrect design, improper installation, or inappropriate use. Delivery times are provided for informational purposes only and do not bind Porteq, as it depends on its suppliers for the execution of various orders. Exceeding the delivery time can in no case lead to order cancellation or entitle the buyer to any compensation unless explicitly agreed. Epidemics, war, strikes, work stoppages, machine breakdowns, transport interruptions, or any event delaying delivery or production of our products are considered force majeure. In such circumstances, Porteq reserves the right to terminate the agreement without any compensation. In any case, delivery times are automatically extended accordingly. Any complaints regarding transport damage must be reported to Porteq in writing within 24 hours of receipt, preferably with photos.

Otherwise, the insurance cannot be held liable, and all resulting costs are borne by the customer. Transport costs are charged for all deliveries in proportion to weight, volume, and destination.

4. Cancellation

By placing an order, the customer commits to acceptance. If a delivery is refused, Porteq may terminate the agreement against the customer if the customer fails to respond to a registered notice of default within one week. At that time, Porteq is entitled to compensation, forfaitarily set at 25% of the goods’ price, without prejudice to the right to claim actual damages. If the customer cancels an order, a fixed compensation is immediately due: all costs incurred by Tousek Benelux plus 20% of the order value. Porteq also reserves the right to demand performance of the agreement.

5. Return of Goods

Goods are generally never taken back. If, for certain reasons (incorrectly ordered items or quantities), goods must be returned, this is only possible with written approval from Porteq within a maximum period of 1 month. Custom-made goods are never taken back. Goods must be returned in undamaged condition and in their original packaging. Transport costs are always borne by the customer, and Porteq will deduct a 15% penalty from the credited amount.

6. Warranty and Complaints

All complaints about visible defects, missing goods, or non-conformity must be reported to Porteq in writing immediately upon receipt. All other complaints must be reported in writing, preferably by registered mail, within 8 days of receipt and before processing or installation. Otherwise, the delivery is unconditionally accepted. For hidden defects, only the warranty provided by the manufacturer applies. Any product under warranty that proves defective must be returned to us carriage paid. Warranty repairs are only performed by Porteq. The buyer must refrain from removing, repairing, or processing the products without prior consent. In case of a design defect, Porteq may only be obliged to replace or credit the goods. The warranty period is 24 months from delivery unless otherwise stated by the manufacturer. Warranty covers malfunctions or defects due to manufacturing faults. Porteq is only liable for damages in case of intent or gross negligence. Liability is in all cases limited to the invoice value of the product and never includes consequential or indirect damage. Porteq is never liable for damage due to incorrect design, installation, overloading, or improper use, nor for defects caused by materials provided by the buyer, third parties, atmospheric discharge, overvoltage, or chemical influences. Warranty does not cover naturally worn parts. Porteq is not responsible for project design even if advice was provided. Liability cannot extend beyond that of its suppliers.

7. Technical Interventions

Technical interventions by our personnel are billed at €73 per working hour. Travel costs are calculated based on the distance to and from the intervention site: travel time €42.50 per hour and €0.70 per kilometer.

8. Express Termination Clause

Porteq reserves the right to consider the agreement automatically terminated without prior notice in case of bankruptcy, evident incapacity, or any change in the buyer’s legal situation. This is without prejudice to any other rights Porteq may have, including the right to compensation.

9. Retention of title 

Goods remain the property of Porteq until full payment of the invoiced amount. This retention applies to resold goods, whether modified or integrated. Porteq may retrieve goods immediately without notice if payment is incomplete. The buyer may not dispose of or process the goods without written consent. Risk passes to the buyer at contract conclusion.

10. Payment Terms

All invoices are payable in cash at Hamont-Achel upon delivery or collection, unless otherwise agreed. In case of full or partial non-payment, a 1% monthly interest is automatically due, along with a 10% fixed compensation with a minimum of €65, without prejudice to collection or legal costs. Partial payments are first applied to interest and costs, then principal. Non-payment allows Porteq to suspend or terminate further deliveries without prior notice. Invoice disputes must be made in writing within 10 days.

11. Miscellaneous

If a clause is invalid, the remaining provisions remain in force. Invalid clauses are replaced by ones closest to the original intent. Belgian law applies, excluding international private law and the CISG. Disputes are submitted to the courts of the judicial district of Porteq’s registered office, Hasselt.

GENERAL TERMS – PORTEQ BV

1. Definitions

1.1 PorteQ BV

Buitenheide 2B bus 1

3930 Hamont-Achel

België

VAT: BE0719711591

Phone: +32 (0)11 49 75 15

E-mail: service@porteq.eu

Website: www.porteq.eu

1.2 Buyer – Natural or legal person entering into an agreement with PorteQ BV.

1.3 Consumer Purchase – A purchase by a consumer under Belgian, Dutch, and EU consumer law.

1.4 Agreement – Remote purchase via PorteQ’s webshop.

1.5 Right of Withdrawal – The consumer’s right to cancel the purchase within the legal period without giving reasons.

1.6 Reflection Period – 14 calendar days to exercise the right of withdrawal.

2. Applicability

2.1 These terms and conditions apply to every offer from PorteQ BV and to every distance agreement concluded with a consumer or business within Belgium, the Netherlands or another EU member state.

2.2 By placing an order, the buyer accepts these terms and conditions.

2.3 Deviations from these terms and conditions are only binding if agreed in writing.

3. Conclusion of agreement

3.1 Offers on the website are without obligation. An agreement is concluded after electronic confirmation by PorteQ BV.

3.2 PorteQ reserves the right to refuse orders or to impose additional conditions in case of suspected misuse or payment issues.

4. Prices and payment

4.1 All prices are expressed in euros, including VAT and excluding any shipping costs, unless otherwise stated.

4.2 Payment is made via the online payment methods offered. The order will only be processed after receipt of full payment.

4.3 In the event of a clear price or typographical error, PorteQ may dissolve or correct the agreement.

5. Delivery

5.1 Delivery takes place at the address provided by the buyer within the EU.

5.2 PorteQ ships orders no later than 5 working days, unless otherwise stated.

5.3 Exceeding the delivery period does not entitle the buyer to compensation. In case of a delay of more than 30 days, the buyer may dissolve the agreement.

5.4 PorteQ is not responsible for delays beyond its control, such as customs formalities or force majeure.

6. Right of withdrawal

6.1 The consumer has the right to withdraw from the agreement without giving any reason within 14 days from the day after receipt.​

6.2 To exercise the right of withdrawal, the consumer must inform PorteQ BV in writing or by e-mail (service@porteq.eu).

6.3 The consumer bears the direct costs of returning the goods.

6.4 The return must take place within 14 days after notification of withdrawal, in original condition and packaging.

6.5 PorteQ will refund no later than 14 days after correct receipt of the return, using the same payment method.

6.6 Products that are custom-made or clearly personal are excluded from withdrawal.

7. Warranty and complaints

7.1 PorteQ guarantees that its products comply with the agreement, the stated specifications, and the usual requirements of soundness and usability.

7.2 Statutory warranty periods (at least 2 years within the EU for consumers) apply.

7.3 Complaints must be reported within a reasonable period (preferably within 14 days after discovery) via service@porteq.eu.

7.4 In the case of a justified complaint, the buyer is entitled to repair, replacement, or (partial) refund.

8. Liability

8.1 PorteQ BV is not liable for damage resulting from incorrect use of the product or from data incorrectly provided by the buyer.

8.2 Liability is in all cases limited to the invoice amount of the relevant product.

8.3 Nothing in these terms and conditions limits statutory consumer rights.

9. Retention of title 

9.1 Delivered products remain the property of PorteQ until full payment has been received.

9.2 The buyer may not resell, pledge or encumber the goods as long as ownership has not been transferred.

10. Force majeure

10.1 In case of force majeure (such as strike, pandemic, fire, government measures, etc.), PorteQ is entitled to suspend its obligations or dissolve the agreement without compensation.

11. Intellectual property

All intellectual property rights on the website, texts, images and product designs rest with PorteQ BV or its licensors and may not be reproduced without written permission.

12. Disputes and applicable law

12.1 All agreements are subject to Belgian law, excluding the Vienna Sales Convention.

12.2 Disputes that cannot be settled amicably shall be submitted exclusively to the competent court of the judicial district of Hasselt (Belgium).

12.3 Consumers within the EU may also make use of the Online Dispute Resolution (ODR) platform of the European Commission via:

Disclaimer

The information on this website has been compiled with the greatest possible care. Porteq strives to provide the most up-to-date, complete and accurate information and products. Nevertheless, no rights can be derived from the content of this website. Porteq accepts no liability for any damage arising from the use of the website or the inability to use the website.

All prices are subject to typographical errors and price changes. If an error occurs in pricing or product information, Porteq reserves the right to cancel or correct orders.

References to external websites or services are included solely for the user’s information. Porteq is not responsible for the content or operation of external websites.

The copyright on all content on this website rests with Porteq, unless otherwise stated. Use of this content without written permission is not permitted.

By using this website, you agree to this disclaimer.