Conditions & Policies
GENERAL CONDITIONS
General Terms and Conditions of Sale
1. General
De Lille NV, with registered office at 8860 LENDELEDE, Hulstsestraat 2, Belgium, registered in the Crossroads Bank for Enterprises under number 0422.838.242 (hereinafter referred to as “De Lille”), has, as its principal activity, “vertical transportation”, and is therefore primarily active in the leasing and sale of telescopic handlers and other Merlo products. It is also the exclusive importer of all products of the Merlo Group.
The present General Terms and Conditions (hereinafter referred to as “T&Cs”) are applicable to all sales concluded by De Lille with a professional buyer (hereinafter referred to as “the Buyer”). The Buyer’s own General Terms and Conditions are expressly excluded.
Every Buyer placing an order shall be fully informed of these T&Cs before a purchase agreement is concluded. De Lille reserves the right to deviate from the current T&Cs. Nonetheless, any such deviation shall only be valid once it has been laid down in writing and expressly accepted by De Lille prior to the order.
The current T&Cs shall be deemed to have been accepted by the Buyer when the latter places an initial order to which those T&Cs have been appended or once the Buyer has expressly signed them. De Lille shall be entitled to modify the T&Cs at any time and without prior notice. Such modifications can only have effect upon future orders. The modified T&Cs shall be applicable to all individual agreements between the parties from the time of their dispatch by De Lille following receipt of a new order from the Buyer.
Whenever De Lille decides to waive certain clauses in the T&Cs, this waiver shall not result in the relinquishment, by De Lille, of such clauses or of the T&Cs in their entirety.
2. Orders
In order to be considered valid by De Lille, every order must be placed by means of an order form provided by De Lille and duly signed by the Buyer, unless De Lille confirms in writing that the order has been accepted by some other method and has therefore been placed in valid form. The current T&Cs must furthermore be signed at the time of the first order. These shall continue to apply in full to all future orders. The signing of the order form or any other form of confirmation of agreement of a quote issued by De Lille to which the present T&Cs have been appended shall likewise imply the unconditional acceptance of the present T&Cs. These T&Cs shall continue to apply in full to all future orders.
All quotations issued by De Lille shall be without obligation, unless expressly stated otherwise in the quotation. All of the prices stated in the quotations shall remain valid for a maximum period of 1 month commencing from the date of the quotation unless any overall price revisions are carried out. Printing errors, material omissions or calculation errors in a quotation shall at no time be binding upon De Lille.
De Lille can only be deemed bound by an order if it has issued a written order confirmation. De Lille shall not be obliged to accept any order and shall be entitled to refuse orders, for instance, in cases where the Buyer still has outstanding debts towards De Lille.
Each and every order placed by the Buyer constitutes the latter’s irrevocable intent to purchase. Once accepted by De Lille, an order can no longer be modified or cancelled. Nonetheless, De Lille may expressly and in writing agree to:
a change being made to the order. In such cases, De Lille however reserves the right to postpone its original delivery date in consequence of such a change;
the cancellation of an order placed by the Buyer. In such cases, the Buyer must pay a penalty amounting to 30% of the total price of the order. De Lille however reserves the right to demand a larger amount in the event that the losses incurred by De Lille exceed the standard penalty of 30% of the total price.
Any request to change the order shall only be taken into consideration if it is notified to De Lille in writing at the e-mail address: sales@delille.be
Any changes to the order that are approved by De Lille shall result in an automatic extension of the target date stated in Article 3 in accordance with the estimation by the De Lille. De Lille cannot, in any manner whatsoever, be held liable for alleged losses and or damage due to extensions of the target dates arising from changes in the order requested by the Buyer. In the event of changes to the order, the initial target dates can only be retained with the express approval of De Lille, always subject to the condition that the Buyer shall assume all additional costs necessary in order that De Lille is still able to meet the initial target dates.
Negotiations concerning changes to the order cannot affect the fulfilment of the initial purchase agreement in any way. Neither party shall be entitled to suspend the fulfilment of the initial order or of any commitments arising therefrom (such as payment for goods supplied) as a result of negotiations concerning changes to the order.
3. Delivery and risk
The order form and/or order confirmation drawn up by De Lille may include a target delivery date. However, that target date is purely indicative and for information only. Any postponement of the target date shall not, in any manner whatsoever, constitute grounds for any form of compensation to the Buyer, nor shall any postponement form grounds for the cancellation of the order.
De Lille shall be entitled to postpone delivery as long as the Buyer has not paid the advance required for the goods to be supplied, and/or the price of previous deliveries, in full.
The risk of loss of and damage to the goods shall be transferred to the Buyer at the time of delivery.
Unless otherwise agreed in writing, delivery shall be Ex Works (Incoterms ® 2020) from the address of the registered office of De Lille. The costs and risks of transport shall be borne by the Buyer. De Lille cannot be held liable for any consequence that arises from the transportation, theft, destruction, or any other risk whatsoever, even if the carrier was selected by De Lille. In the event of damage of any kind being caused during transportation, the Buyer shall have no recourse against De Lille and the Buyer must pursue recourse against the carrier or its insurer.
The loading of the goods shall be carried out by the Buyer at its own risk. The Buyer shall be liable for all damage during or after delivery.
In the event that the Buyer fails to collect the goods ordered on the target date, De Lille shall be entitled to charge the Buyer for the storage costs thus incurred, in addition to a fixed indemnity of 5% of the price, due to the additional administration. All risks of fire, theft or any other damage shall be assumed by the Buyer as of the initial delivery date. In the event that the Buyer refuses to collect the ordered goods on the date of the initial delivery, payment of the purchase price shall immediately fall due and shall be payable to De Lille from the date of the initial delivery onwards. The Buyer can only take receipt of the goods thereafter if it has paid De Lille the full purchase price, the storage charges due, the standard compensation of 5% of the price due to the additional administration and any late payment interest and compensation.
De Lille shall be entitled to deliver the goods in instalments, unless otherwise specified in the agreement or unless the partial deliveries themselves have no independent value. De Lille shall be entitled to invoice the partial deliveries separately.
4. Non-conformity and visible defects
It shall be the responsibility of the Buyer to check the delivered goods and, if necessary, to make all necessary remarks about the goods in accordance with the conditions as described below. In the absence of remarks, the goods shall be considered to have been delivered in accordance with the terms of the agreement.
Remarks concerning the conformity of the goods or visible defects must be set out in a registered letter to De Lille within three working days following receipt of the goods, and in all cases before the goods are used, processed or resold, either entirely or in part. The registered letter concerned must be accompanied by photographs demonstrating the non-conformity or visible defects and must include the invoicing details and details regarding all circumstances and the time at which the alleged defects were identified.
Any resale or use of the goods by the Buyer shall deprive the latter of its future right to make any remarks concerning their conformity. The warranty does not cover defects or loss of goods resulting from the transportation or careless storage of the goods by the Buyer. The remarks submitted by the Buyer shall not permit the latter to default on its payment obligations in respect of the delivered goods in any manner whatsoever. The Buyer shall at all times have a responsibility to limit damage whenever a complaint arises.
Once more than 14 days have elapsed following delivery of the goods, no legal claim can be initiated by the Buyer on the grounds of non-conformity, while legal action within this time limit can solely be initiated in so far as the remarks have been formulated and forwarded and were duly accompanied by photographs in evidence within three working days following delivery of the goods. After that period has elapsed, the Buyer shall no longer be entitled to invoke any kind of non-conformity or visible defect in connection with the goods, nor shall the Buyer be entitled or invoke any non-conformity or visible defect in order to defend itself against De Lille in the event that the latter initiates legal proceedings to claim payment of outstanding debts.
5. Hidden defects
The term "hidden defect" refers to a production fault that renders any normal use of the product impossible and that remained hidden from the Buyer prior to commissioning ( “Hidden Defects”). De Lille shall indemnify the Buyer against Hidden Defects in accordance with the stipulations under Article 6 "Warranty" and on condition that De Lille is notified of the hidden defect by registered letter within three working days after the hidden defect comes to the Buyer's attention and in all cases within the warranty period prescribed by the manufacturer and that the registered letter is accompanied by photographs in evidence of the hidden defect, the invoicing details and details of all circumstances and of the time at which the alleged defects were identified. In the absence of these, any intervention on the part of De Lille shall lapse.
6. Warranty
Unless expressly agreed in writing by De Lille, the goods concerned must not undergo any transformation or repair nor be returned, before De Lille has had the opportunity to ascertain the necessary facts. If this rule is not observed, the warranty afforded by De Lille shall lapse. Responses from De Lille to complaints submitted late or responses made without the facts being ascertained in advance as required shall in all cases be made subject to this reservation and shall never imply any relinquishment of Articles 4, 5 or 6.
In the event that a non-compliant delivery or a visible or hidden defect was communicated by the Buyer and was effectively ascertained by De Lille and the conditions for intervention under the warranty have been satisfied, the warranty from De Lille shall be restricted to the factory guarantee that De Lille itself receives from the manufacturer, of which the Buyer acknowledges being aware.
The conditions and restrictions below shall apply to De Lille's warranty obligations in all cases:
- The warranty is only valid for goods that have legitimately been acquired by the Buyer;
- The warranty only applies to goods sold by De Lille;
- The warranty is limited to the replacement or repair of the defective parts, without the possibility for the Buyer to claim any kind of compensation, irrespective of the cause of the defect in question;
- The warranty does not cover defects or theft resulting from storage at the Buyer's premises;
- The warranty does not cover any abnormal usage of the goods or usage that is contrary to the user instructions included in the manual provided with the machine. That manual must also be present in the machine at all times;
- The warranty does not cover any defects resulting from a lack of maintenance;
- The warranty does not cover any level of performance desired by the Buyer.
7. Price
The prices and rates applicable to the order shall be those in force at the time the Buyer places the order, as provided for in Article 2. The prices and rates shall be determined exclusively by De Lille and may be adjusted by De Lille at any time, albeit without retroactive effect and solely in relation to the future. The amended prices shall become effective as soon as they are communicated to the Buyer. No document submitted by the Buyer shall bring about any change in the prices or rates. Prices shall be quoted exclusive of taxes or delivery costs. The prices shall be displayed net and without discount and shall be payable in accordance with the conditions specified below.
When issuing a quotation, De Lille may grant a discount based on the size of the total order. In the event that after placing the order, the Buyer decides to withdraw the order in relation to a quantity of goods, De Lille reserves the right to revoke the discount and charge the standard full price.
8. Payment
Payment for the goods shall be effected at the registered office of De Lille, even if bills of exchange are drawn. Unless expressly agreed otherwise, the Buyer shall pay each invoice in cash and without discount. Only the effective collection of the total amount of the sums owing shall constitute full payment. In order to be enforceable against De Lille, any objection to an invoice must be sent to the latter by registered mail within eight (8) calendar days following receipt of the invoice. In order to be valid, full reasons for the objection must be provided.
The Buyer shall never be entitled to invoke any setting off of debts, whether statutory or otherwise, as a means with which to cancel out any debt claim by De Lille against the Buyer, which has fallen due. Drawing and/or accepting bills of exchange or other tradable documents shall not give rise to the substitution of one debt for another and shall not affect the applicability of these terms and conditions.
9. Late payment
In the event that the Buyer fails to pay the total invoiced amount by its due date:
- the Buyer shall automatically and immediately be liable to pay interest of 10% per annum until the date of full settlement.
- the Buyer shall, in the event of non-payment, be liable to pay a lump-sum compensation amounting to 12% of the total price, subject to a minimum of EUR 125.00.
- De Lille shall be entitled to recover the costs it incurs for the collection of the outstanding amounts from the Buyer.
- any postponement of payment granted for other deliveries shall lapse, and all other invoices, even those not yet payable, shall be payable immediately.
The amounts of compensation referred to above shall be calculated on the price including taxes and shall be owed, irrespective of whether any periods of grace have been granted. De Lille reserves the right to suspend any order or delivery in the event that the Buyer has not paid any amounts owing on the day they fall due.
In the event that the Buyer fails to fulfil one of its essential obligations, such as the payment, on time, of the invoices issued by De Lille, De Lille shall be entitled to dissolve the agreement with immediate effect, without any prior permission from a court of law and without any prior notice of default.
10. Guarantees to be given by the Buyer
In the event that De Lille has reasonable suspicions that the Buyer is in financial difficulties, does not offer any guarantee of its solvency, or has already in the past failed to pay De Lille or other providers for one or more orders within the agreed term, De Lille shall be entitled to suspend the acceptance or execution of an order until receipt of an advance payment or of the full amount of a future invoice, or until the Buyer offers a sufficient guarantee that future invoices will be paid (by means of a bank guarantee, for example). In the event that the Buyer refuses to do so, De Lille shall be entitled to refuse the continued execution or delivery of orders already placed, without the Buyer being to claim that this constitutes an unjustified refusal to sell and without any right to compensation.
11. Retention of title
The goods shall remain the property of De Lille until full payment of the price stated in the relevant invoice, as well as any interest and costs due. This provision shall apply to all outstanding claims De Lille has against the Buyer and to all goods bought from De Lille and held in the Buyer’s possession.
The Buyer cannot therefore resell goods for which the price has not yet been paid in full. At no time shall the Buyer be entitled to use the unpaid goods bought from De Lille as collateral security. Any transaction in breach of this provision shall not be enforceable against De Lille.
The Buyer undertakes to insure the goods against loss and to give De Lille access to the insurance policy at its first request. Should it appear that the Buyer has not taken out such an insurance policy, or the policy taken out is insufficient, De Lille reserves the right to take out an insurance policy against loss of the goods, at the expense of the Buyer.
In the event of non-payment, De Lille shall be entitled to request an inventory of all its products sold to the Buyer, who must allow De Lille to repossess the goods in question. The Buyer undertakes to immediately take the necessary steps and grant De Lille the right to enter its warehouse in order to recover the goods.
If the goods are stored on third-party premises (for instance belonging to the owner of real estate rented by the Buyer), the Buyer shall inform De Lille of this before actually storing the goods on those third-party premises. In such case, the Buyer must provide the identity and address of that third party, to allow De Lille to inform this third party about the retention of title.
All costs incurred to claim and take back the goods shall be borne by the Buyer.
12. Liability
With the exception of De Lille's warranty obligations as provided for in Articles 4, 5 and 6, De Lille's liability may only be invoked in the event of deception or an intentional or gross error. De Lille shall solely be liable for direct damage or losses. De Lille shall never be liable for indirect damage or losses, including, but not limited to, consequential damage, lost profit, missed savings and damage to third parties. In the event that the liability of De Lille is compromised in any way, De Lille can, whatever the circumstances, only be held liable for an amount not exceeding the invoice amount for the goods concerned if the latter exceeds the amount for which De Lille is insured and the liability of De Lille exceeds the amount for which De Lille is insured.
In the event that De Lille is in receipt of a claim due to loss or damage caused by an error committed by the Buyer in relation to the goods purchased, the Buyer shall indemnify De Lille in full.
13. Indivisibility
In the event that one or more of the clauses in the present T&Cs is or are declared invalid, such invalidity shall in no way affect the validity of the remaining clauses in the T&Cs or of the agreement as a whole.
14. Intellectual property
Every technical document, technique, or asset for which De Lille holds intellectual property rights must be returned when first requested by De Lille and may not be sold, copied, used, or marketed without the prior written consent of De Lille.
15. Subscription
In the event that an item is supplied with associated “tracking software”, the Buyer shall be obliged to take out a subscription for a minimum period of 12 months in order to acquire a non-exclusive and non-permanent software sub-licence in the form of a right to use the software for the purpose clearly stated in the associated product specifications. The Buyer shall not acquire any rights in the form of patents, copyright, trademarks or other intellectual rights associated with the item. The Buyer shall not acquire any rights to the source code of the associated software.
When taking out the subscription, the Buyer must make a payment in advance for the period of the 12-month subscription. Once any period of 12 months has elapsed and each time the parties wish to extend a subscription for a further period of 12 months, the Buyer shall be obliged to pay for that further period of 12 months in advance. Once the initial period 12 months has ended, the subscription can be terminated by both parties, subject to a notice period for cancellation consisting of the current month plus three months. The termination of the subscription shall have no effect upon the remuneration for the remainder of the subscription, which will already have been paid for by the Buyer in advance and will be retained by De Lille in all cases, even if the subscription was terminated prior to the end of the period paid for in advance.
16. Disputes
The contractual relations between De Lille and the Buyer shall be governed exclusively by Belgian law. The application of the Vienna Sales Convention is expressly ruled out.
Any dispute between De Lille and the Buyer shall be brought exclusively before the Kortrijk division of the courts of Ghent.
17. Acceptance by the Buyer
The Buyer confirms that it has taken cognisance of the present T&Cs and expressly agrees to those T&Cs. The Buyer waives any recourse to any document which is contrary to these T&Cs, including its own general terms and conditions.
GENERAL RENTAL CONDITIONS
The Renter expressly undertakes to follow all instructions of the constructor of the Machine made available. The Renter also hereby acknowledges having received the manual/instruction booklet of the Machine made available. No guarantee can be given for broken glass, damage to the tires and the damage as a result of the use of the Machine which deviates from any normal use, such as use on inclined surfaces and in water. Any damage to the Machine will be borne in full by the Renter. Damage to parts of the Machine subject to wear and tear and not repayable by insurance will be borne by the Renter. The Renter undertakes to use the Machine like a good pater familias and at his expense to maintain it strictly as prescribed in the maintenance schedule included in the manual / instruction booklet of the Machine. Maintenance, other than the daily prescribed maintenance, and repairs of any damage caused must be carried out exclusively by the Letter in Lendelede, official importer for Merlo in the Benelux. The costs of maintenance and any repairs will be borne by the Renter. All possible taxes, levies and/or fines registered on the Machine during the period of the rental are integrally at the expense of the Renter.
The rent includes: either (i) a use for 5 hours per day counted over 5 working days per week in case of short-term rental (<1 month), or (ii) 600 hours per year on average in case of long-term rental (>= 1 month). If vehicles for road traffic than 100 km/day over 5 working days per week (delete as appropriate). Each additional hour of service is charged at EUR 12.00/hour. Each additional performed km is charged at 0,30 EUR/km.
The rental of the Machine by the Rentee to the Renter is exclusively governed by the rental contract concluded between the parties, consisting of the special rental conditions and the present general rental conditions (hereinafter collectively the "Rental Agreement"), to the exclusion of the general conditions of the Renter, unless the Renter and the Rentee have agreed otherwise in writing. In the event of any conflict between the General Rental Conditions and the Special Rental Conditions, the Special Rental Conditions shall prevail. The Rentee shall provide the Machine, as described in the Special Conditions, to the Renter. The signer of the Lease Agreement binds himself jointly and severally with his principal, if any. Any service may validly be made on the address given by the signatory of the Lease, that of the residence, seat or head office of the Renter.
1 - GENERAL
The Renter declares to have taken note of, and to agree with, the present general rental conditions and the specifications contained in special rental conditions.
The Rentee reserves the right, prior to the provision of the Machine, to request from the Renter proof of identity, an extract from a company or commercial register and his latest annual accounts and, on the basis thereof, to request from the Renter, in addition to what is stipulated in article 5.2, an (additional) advance or an (additional) deposit in order to guarantee the payment of the rent. The Rentee also reserves the right, in consultation with its credit insurer, to evaluate the Renter's solvency at any time. If this should show that the Renter is not solvent, the Rentee will have the right not to proceed with the rental of the Machine and/or to unilaterally terminate the Lease with immediate effect, without any notice being required or any compensation being due to the Renter.
2 - PROVISION OF THE MACHINE
2.1. The Renter acknowledges that he is bound to inspect the Machine, to test the driving behavior and/or the operation of the Machine for a short period of time in the Rentee's parking lot and to communicate any possible problem or non-conformity to the Rentee in the manner described hereinafter.
Without prejudice to what follows, the Renter acknowledges that he has received a Machine that has been cleaned, whose bodywork and mechanics are in good condition and that is equipped with (i) the complete equipment, (ii) a full fuel tank, (iii) full oil and other liquid reservoirs, (iv) if necessary, a spare tire, (v) accessories and (vi) the (board) documents required by the regulations. The Renter is responsible for keeping those accessories and documents. All possible damage to, as well as all mechanical problems of, the Machine, which can be demonstrated as a result of the aforementioned test must be compulsorily mentioned on the receipt for delivery to the lessor (see article 2.4.). If the Renter makes no written observations on the delivery note to the Letter, the Renter acknowledges having received the Machine in perfect condition. The lack of response to the Renter's written remarks does not in any way imply the Rentee's acceptance thereof.
If, during the Hire, the Renter should discover a mechanical problem which had not been discovered at the time of the test, as mentioned above, the Renter undertakes to immediately cease using the Machine and to immediately contact the Rentee in order to agree on the measures to be taken (including, but without being limited to, returning the Machine to the Rentee and immobilizing the Machine pending the arrival of a mechanic). If the Renter fails to take such action, the Renter shall be liable for all damages resulting from the continued use of the Machine in such condition.
2.2 The Renter releases the Rentee from any indemnity for hidden defects and defects unknown to the Rentee and for legal defects of third parties.
2.3. The Machine is made available in its basic condition. The Renter is exclusively and fully liable for the choice of the rented material. The rented equipment is standard equipment not specifically designed for the needs of the Renter, nor adapted by the Letter at the Renter's request to the needs described by the Renter. The Rentee cannot be held liable if the rented material does not meet the specific needs of the Renter. The appointee, who takes delivery of the Machine on behalf of the Renter, must provide proof that he is authorized to act on behalf of the Renter.
2.4. In proof of the delivery of the Machine to the Renter by the Rentee, the Renter or the person designated by the latter, either at the Rentee's premises, signs a delivery slip.
If the Rentee delivers to the Renter at the rental location and no one is present, the Rentee will leave the delivery receipt with the Machine. If no written comments are passed within 2 hours of delivery, it is assumed that the equipment was received in perfect condition.
2.5. Non-collection of the Machine by the Renter on the commencement date constitutes a breach of the Rental Agreement. The agreed price remains payable, unless otherwise agreed in writing by the parties.
2.6. The Rentee is not liable for delays in delivery. If the Rentee is unable to deliver a Machine requested by the Renter, the Rentee will be entitled to cancel the request to rent the Machine free of charge.
3 - Renter
3.1. The Renter expressly agrees to comply with all legal requirements to operate the leased Machine specified in the Lease and, if an appointee is to operate the Machine, the Renter agrees to verify that the appointee meets all such requirements, for which the Rentee agrees.
3.2. The rented Machine may be used only by the Renter or his appointees for whom he is civilly liable. The use by other persons is under no circumstances permitted. The Renter may not pledge or otherwise encumber the Machine or rent it out or in any way give it in use to third parties. The Renter may not sublet the Machine or assign the Lease.
4 - RENTAL PERIOD
4.1. The Machine will be rented for a period of at least 1 day up to a maximum of 60 months. The period is fixed in the Lease Agreement on the basis of the commencement and end dates stated therein. The lease term starts to run on the commencement date: the Machine is then at the disposal of the Client at the Rentee's premises (as determined in the Lease). The rental period therefore includes the days on which the leased Machine is delivered to the Renter and returned to the Rentee.
4.2. On the end date and without the need for prior notice, the Renter will bring the Machine to the Rentee at his expense during opening hours. The Machine must be in perfect condition, apart from the normal wear and tear resulting from lawful use of the Machine during the rental period. If this is not the case, the Renter will pay the cost of cleaning or repairs necessary to bring the Machine to a normal condition for its age, the number of working hours performed and miles traveled.
4.3. If the number of kilometers traveled or work hours performed of the Machine per year exceeds the maximum annual number of kilometers/work hours set forth in the Lease, the Rentee has the right to terminate the Lease at an earlier time. In this case, the provisions of Article 13 will apply.
4.4. The Rentee is not responsible for goods left by the Renter in the Machine after returning the Machine to the Rentee.
4.5. Any exceeding of the originally anticipated rental period will be charged extra in accordance with Article 5 of these General Conditions. The Renter has the right to request an extension of the rental period in writing from the Letter at the latest 24 hours before the end of the rental period.
5 - RENT - PAYMENT
5.1. The rent is this mentioned in the Lease. All prices stated in the Lease are exclusive of VAT.
5.2. No later than on the Commencement Date, the Renter shall pay a deposit equal to three times the monthly rent specified in the Lease, which the Rentee may freely dispose of. The deposit will be refunded without interest after the end date of the Lease if the Machine has been returned in perfect condition and if the provisions of the Lease have been properly observed. The deposit remains, in any case, acquired for the Rentee in case of concurrence with other creditors of the Renter.
5.3. At the start and at the end of the tenancy, a pro rata rent can be determined if the start of the tenancy does not coincide with the first day of a calendar month and a minimum monthly rent was agreed upon. For shorter periods, a daily, weekly, bi-weekly or monthly rate is applicable.
5.4. Payment of the rent shall, if not expressly stated otherwise, be made (in each case) in advance, by transfer to the bank account number stated in the Lease Agreement, indicating the invoice number and the period to which the payment relates. From a rental period equal to or longer than one month, the monthly transfer must be made no later than the first working day of each calendar month prior to each started period of one month. It must be made by irrevocable standing order at a recognized bank or credit institution. Upon breach of this Article, the Rentee shall have the right to recover the Machine and unilaterally terminate the Lease with immediate effect, without any notice being required or any compensation being due to the Renter.
5.5. Any payment by the Renter to the Rentee shall, notwithstanding any other description of the payment by the Renter and unless otherwise agreed by the Rentee, be allocated first to any late payment interest which the Renter may owe to the Rentee and then to the payment of the Rent. In the latter case, Renter's payment shall always first satisfy Rentee's oldest outstanding claims.
5.6. If during the term of this Lease, any competent government increases any of the taxes applicable to the Machine or the rental, the Rentee has the right to unilaterally adjust the rent in a proportional manner. 5.7. If during the term of this Lease, the (statutory) premium for the insurance of the Machine is increased, the Rentee will have the right to unilaterally adjust the rent in a proportional manner. 5.8. If during the term of this Lease there is an increase in interest of more than 0.20% and/or annual inflation of more than 2.00%, the Rentee will have the right to unilaterally adjust the rent in a proportional manner. 5.9. In the event that the Renter has specified a third person for the payment of the rental amount and if the Rentee has agreed to the payment of the rental amount by a third person, the Renter shall nevertheless remain liable to pay the rental amount himself if such third person fails to pay the amount due within the stipulated period. In such case, the Renter and the aforementioned third person are jointly and severally liable for all obligations arising from the Lease. 5.10. The Rentee may assign and pledge the Lease and any claim the Rentee may have against the Renter under this Lease, including the right to terminate the Lease. Upon notice of such agreement to assign the Lease or claim, the Renter shall pay the amounts due to the person to whom the Lease or claim was assigned. For this purpose, the Renter waives any plea, set-off, counterclaim or any defense whatsoever. 5.11. In the event of total or partial non-payment when due, an indemnity shall be payable by the Renter, fixed at 12% of the unpaid amount, with a minimum of 125 EUR. The unpaid amount shall also be increased, from the due date, by an interest equal to the legal interest rate applicable to commercial transactions payable by operation of law and without notice of default, and by the costs of recovery and court costs. 5.12. The Rentee is entitled to come and remove the equipment at the Renter's expense if an invoice is not paid within 30 days of the invoice date.
6 - USE
6.1. The Renter confirms that he and his appointees (personnel or subcontractors) are capable of using the rented Machine in a correct and safe manner and this because they have all followed the necessary training and obtained subsequent certificates. The use of the Machine requires prior training. The Renter also makes sure that he and his appointees have access to the Machine's user manual which must be present with the Machine at all times. The Renter alone is responsible for the provision of the necessary personal protective equipment to his appointees and the compliance by his appointees with the safety measures. It is strictly forbidden for the Renter to disable or bypass the safety functions of the machine. The Renter undertakes to use the Machine with due diligence and to keep it in the best possible condition. The Renter therefore protects the Machine at all times against theft or vandalism.
6.2. The Renter may neither change the appearance nor the normal use of the Machine. Advertising lettering and towing hooks may only be affixed to the rented Machine after prior and written permission of the Letter. The costs associated with the removal at the end of the Lease will be borne by the Renter. Under no circumstances will the Renter remove, render illegible or in any way interfere with references to the Rentee's ownership or data identifying the Rentee as affixed to the Machine.
6.3. Under no circumstances shall the Machine be used or operated:
a. in a manner contrary to the law, any government regulation, the manual or instruction booklet; b. for paid passenger or goods transport; c. for driving or towing, for example, a vehicle, machine or trailer; d. for sports competitions, rallies, reliability or speed tests, driving lessons, training and/or comparative test(s); e. by any person other than the Renter (or the authorized driver with a driving license mentioned in the Lease and who has obtained the Rentee's prior consent, or a car mechanic in the event of an accident or engine failure); f. in a way that exposes the Machine to an above-normal depreciation; g. by persons who are not 23 years of age; h. for a use in the water, including transport of the Machine on the water.
6.4. All damages and costs associated with normal use shall be borne by the Renter.
6.5. The Client may not transport or use the Machine outside the Benelux countries, France and Germany without the prior written permission of the Letter.
6.6. The Renter takes all necessary steps with the competent authorities to obtain approval to transport and/or park the Leased Equipment on public roads. He undertakes to use the Machine according to the existing regulations, taking into account, among other things, the nature of the land and subsoil, the rules of the public domain and the environment.
6.7. The Machine may not be used in aggressive or corrosive conditions (e.g., chicken manure, salt or acid) or in the vicinity of hazardous substances (e.g., asbestos) without the prior consent of the Rentee. Conditions may be attached to this permission (such as, for example, proof of adequate training or certificates or the cleaning of the Machine). However, the Rentee may at all times refuse to give such permission.
Failing to obtain permission from the Letter or not respecting the conditions imposed or the relevant legal provisions, the liability of the Renter will be at risk.
6.8. The Renter is obliged to protect the Machine against overloading and damage.
6.9. The Renter may not exceed the average number of kilometres/hours per day specified in the Lease. If the odometer/hour counter ceases to function during the lease period on account of a technical defect, the Client will immediately inform the Rentee and the counter will be repaired as soon as possible. In case the odometer fails or malfunctions due to causes other than an involuntary technical defect, the Rentee may terminate the Lease immediately and the Renter shall be liable to pay damages of twice the monthly rent. For the purpose of calculating this compensation, the counter position shall be increased by the average of the previous periods, unless there are good reasons to assume a higher position.
6.10. The Renter must use appropriate fuel and additives of good quality.
7 - CONTROL, INSPECTION AND TESTING
7.1. The inspection must be carried out by the Renter immediately before each use and further as often as necessary to prevent dangerous situations from arising during use. The Renter must always check whether the intended use is in accordance with the manual belonging to the Machine.
7.2. In the event the lease period exceeds one month, the Client undertakes to present the Machine for inspection or test each time there is an obligation to do so or the Rentee requests such in writing. After each presentation of the Machine for inspection, the Renter will notify the Rentee in writing of such presentation. Any comments that the inspectors would formulate will be communicated to the Rentee.
7.3. The result of the findings of this inspection will be recorded in a digital report. This inspection must take place at least annually. The costs of this inspection will be borne by the Renter.
7.4. The inspection must be carried out by an expert inspector from an accredited inspection body. Inspection means the periodic examination of machines and this according to the legal requirements.
7.5. In the event that the Renter fails to present the Machine for the safety inspection on the specified day and time or to make an appointment and comply with it for a periodic inspection, the Letter has the right without the Renter's intervention to inspect the Machine himself or, if necessary, to have it inspected. The Renter has no right to oppose this temporary taking out of possession of the Machine. The costs for the inspection or test will then still be charged to the Renter.
7.6. The Renter will bear all adverse consequences that might result for the Rentee from the failure to make any repairs or other adjustments to the Leased Equipment that might be required by the inspector or inspector.
7.7 If the Renter fails to fulfill this obligation to any extent, the Rentee shall have the right to immediately terminate all agreements entered into with the Renter by letter, without prejudice to its right to compensation as provided in Article 11. In any event, the Renter is expressly forbidden to use any Machine that does not have a valid inspection certificate or has not passed a safety inspection.
7.8. If damage, a serious technical defect or a breach of the Lease is established during an inspection, the Rentee has the right to take possession of the Machine until it is repaired, without compensation to the Renter and under the conditions set forth in Article 8.
8 - MAINTENANCE
8.1. The Renter must maintain the Machine in perfect condition. The Renter is responsible for the daily inspection and maintenance. This includes checking the brakes, all fluid levels and tire pressure. In doing so, the Renter follows the manufacturer's instructions.
8.2. Every 250 hours, the machine must be serviced by the Letter. For this purpose, the Letter will contact the Renter. These services are at the Renter's expense and are necessary to maintain the perfect condition of the machine.
8.3. Any technical defect or damage must be repaired by the Renter within a reasonable time.
The Renter is obliged to call upon the Rentee for this purpose. It is absolutely forbidden to have any repair or other technical intervention carried out by persons other than the Rentee.
8.4. The Renter may not, without the written consent of the Letter, even in the event of a defect or accident, abandon the Machine. In any case, the lease continues to run at least until the return and repair of the Machine.
8.5. The Renter undertakes to immobilize the Equipment and put it out of service in case of a breakdown or abnormality in the operation of the Machine.
9 - RETURN OF THE MACHINE
9.1. The Machine must be returned to the place indicated by the Rentee, at the Renter's expense. The Renter remains bound by the obligations of the Lease until the moment of its effective return to the Rentee. He thus remains custodian and undertakes, among other things, to continue guarding the rented Equipment and continues to bear the risk therefor until a return receipt is signed by the Rentee. The return of the Machine, cleaned and - apart from the normal wear and tear of the Machine - in its original state, with full tank and reservoirs, as well as of the keys, tires, documents, tools, and all other accessories must take place at an authorized staff member of the Rentee during the opening hours of the offices at the place and date indicated by the Rentee. If not, the Renter shall reimburse the Rentee for all damages and/or thefts determined by the Rentee.
9.2. The Rentee reserves the right after receipt, within 7 working days, to increase the visible and non-visible damage. This notification is made to the Renter by means of an e-mail with accompanying photos. The Renter has 7 working days to reply or to come and inspect the material. After this period, the Renter shall be deemed to agree unreservedly and in full with any damages charged to him and the resulting costs may be recovered by the Rentee from the Renter without prejudice.
9.3. Taking into account the restitution obligations imposed on the Rentee by its suppliers, the Renter undertakes to exchange the Machine for a Machine of the same category at the Rentee's written request. If no such exchange takes place on the scheduled date, the Rentee reserves the right to recover from the Renter the financial loss resulting from the refusal to exchange or from the late exchange.
9.4. The Renter expressly waives any right of lien on the Machine.
10 - DAMAGE OR LOSS
10.1. All damage, with the exception of normal wear and tear, which will be found on the Machine when it is returned, will be deemed to have been caused by the Renter and will be borne by the latter. The risk regarding the use of the Machine is at the expense of the Client during the entire term of the Lease. The risk of damage to the Machine will pass from the Rentee to the Renter at the moment of delivery as stipulated in Article 2. The risk will pass back from the Renter to the Rentee at the moment of return as stipulated in Article 9.
The Rentee chooses in principle to provide in the Lease that it will cover this risk for the benefit and at the expense of the Renter by taking out an insurance policy (the excess provided for in any insurance policy is always for the account of the Renter, and will also mainly cover the costs of towing, repatriation and depotage). This option is always expressly mentioned in the rental agreement.
10.2. The Renter is obliged to comply with all the conditions of this insurance policy, if any. In insurance contracts concluded by the Renter, the Letter must be included as the beneficiary of the payment in the event of an intervention by the insurer.
10.3. The Rentee has the right to terminate the Lease if the Renter or its designated driver is refused by the insurer or if the insurer terminates the insurance policy or charges an additional premium.
10.4. The Renter shall comply with the guidelines regarding repairs provided by the Rentee.
10.5. If an accident is not immediately reported by telephone (or by fax or e-mail), then confirmed in writing within 48 hours of the accident by means of the accident report form provided for that purpose, or if the Rentee's directions for repairs are not followed, the Rentee will not be required to pay the repair costs (if any). Furthermore, in such case the Rentee will also not be required to provide a Machine for replacement (insofar as such replacement would have been agreed upon in the Lease).
10.6. If an accident involves third parties, the Renter will provide all necessary information in order to enable the insurer to investigate the claim and, where appropriate, to compensate any damage. In the event of a refusal by the insurer to compensate any loss as a result of the Renter's negligence, the Renter shall bear the loss, including the repair costs.
10.7. Insofar as necessary, the Renter authorizes the Rentee to collect any eventual damage relating to the Machine directly from the liable third party or any insurer for its own benefit.
10.8. The damage due to fire to the Machine (due to an external cause) is insured only insofar as there is no intervention of any other policy. Any damage due to fire to the building should be covered by the Renter's fire insurance policy.
10.9. The cost of loss or destruction of or other damage to the Machine not exceeding any amount exempted by the insurer shall be borne entirely by the Renter. Under no circumstances may the Renter sue the Rentee for compensation for damages not exceeding such exempt amount.
10.10. Loss of, destruction of or damage to the Machine in excess of any amount exempted by the insurer shall be borne by the Renter to the extent not covered by comprehensive insurance. Except as otherwise agreed in writing, the Renter must reimburse the entire damage incurred by the Machine during the rental period. Any cost which exceeds the stated exemption but which is not or only partially reimbursed to the Rentee by the comprehensive insurance will be at the expense of the Renter. Thus, any repair of damage will have to be compulsorily repaired by the Lessor at the Renter's expense if the repair costs exceed the exemption limit.
10.11. The Renter will at all times ensure that the Rentee's title to the Machine is sufficiently evidenced and indemnified against third parties.
10.12. The Rentee further reserves the right at all times to follow and keep track of the location of the Machine (by means of track & trace), in order to quickly trace any possible theft or embezzlement
10.13 If the Rental Agreement does not expressly provide that the Rentee will take out insurance, however, the Renter is obliged to adequately insure the Machine itself, for:
a.B.A. or Civil Liability;
b.Theft, embezzlement or vandalism, and this to the extent of the total value of the Machine (incl. equipment) and/or of the costs associated with the recovery of the Machine not returned. In the event of Theft, embezzlement and/or vandalism, the Renter must immediately report and, if necessary, file a complaint with the local police and must provide the Rentee with a copy of the official report. Moreover, in case of theft, the Renter must immediately hand over the keys and documents of the Machine to the Rentee;
The Renter is further advised to insure himself by means of comprehensive insurance for all damages to the rented equipment, up to and including any total loss, as a result of an accident. This damage is in fact entirely the responsibility of the Renter, including the resulting costs or compensation (i.e. cost of a new similar Machine in the event of total loss).
In this case, the Renter must also provide the Rentee with a copy of the contract and a certificate and these must be approved by the Rentee.
11 - LIABILITY
11.1. Any liability (criminal or otherwise) arising from the use of the Machine shall be borne by the Renter. Damages and fines for which the Rentee would be held liable must be paid by the Renter at the first request. In addition, an administration fee of 10 EUR will be charged to the Renter for each violation by the Renter or its appointees for which the Rentee would be held liable.
11.2. The Renter and the drivers (for which the Renter assumes responsibility) undertake to declare to the competent authorities that they do not use the Machine on behalf of the Rentee, and that they assume all responsibility for the condition of the Machine, its equipment, accessories and documents, and for the criminal or civil errors committed.
11.3. The Renter indemnifies the Rentee against any liability. Moreover, the Rentee can never be held liable for indirect damage. Any liability of the Rentee is furthermore limited in any case to the rent received, excluding VAT and expenses. All claims for damages by the Renter against the Rentee shall in any case expire 12 months after the event that caused the damage.
11.4. The Renter is responsible for any use contrary to the applicable statutory provisions or contrary to the provisions of this Lease.
11.5. If during the use of the Machine the Renter suffers material damage or a bodily injury, he can under no circumstances claim compensation from the Rentee.
11.6 The Renter is liable for the works which he performs with the Machine, if any, and he must take out adequate insurance for that purpose.
11.7 If the Client and/or its legal successor consists of more than one (legal) person, each of these (legal) persons will be jointly and severally liable to the Rentee for the obligations ensuing from the Lease.
12 - TEMPORARY AND PERMANENT REPLACEMENT MACHINE
12.1. For repair work that takes more than 24 hours, not counting weekends and holidays, and insofar as this is expressly stated in the Lease, the Rentee will offer a similar machine as a temporary replacement for the Machine during the period that the Machine is not available to the Renter.
12.2. This replacement may only be made by the Rentee or through the Rentee's mediation and for a maximum duration of 30 calendar days. The mileage/time worked with this Machine offered for replacement will be considered as if it had been driven with the replaced Machine.
12.3. The Rentee is entitled to replace the Machine on account of serious technical or other problems under the same conditions for the remainder of the Lease Agreement by another machine of the same category.
13 - TERMINATION OF THE RENTAL AGREEMENT
13.1. The Lease Agreement will end on the end date when the Renter has returned the Machine in perfect condition until he has handed over to the Letter all the onboard documents (such as the registration certificate, the certificate of conformity, the green insurance card, the CE certificate of the Machine) and of any accessories as well as the most recent inspection certificates and inspection reports, the keys and any other accessories.
13.2. In the event of early termination by the Renter (or by the Rentee at the Renter's expense) of a Lease of 1 year or longer for any reason whatsoever, the Rentee will be entitled to claim, in addition to any other damages, a re-rental payment in an amount equal to the rent for the remaining rental period provided for in the Lease, with a maximum of an amount equal to 6 months' rent.
13.3. The Lease may be terminated by the Rentee at any time and with immediate effect, at the expense and detriment of the Renter when:
1° the Renter violates the provisions of Article 6; 2° the Renter sublets the Machine or transfers the lease; 3° the Renter fails to present the Machine for inspection after the expiration of 75 calendar days after the last inspection; 4° the maximum number of kilometers is exceeded by more than 10%; 5° the Renter fails in his maintenance obligation; 6° the Renter allows technical interventions to be performed by persons other than the Letter; 7° the Renter fails to inform the Letter immediately when an accident occurs or provides false information about it; 8° a bankruptcy or liquidation or any procedure of suspension of payment is requested by or instituted against the Renter, when the Renter makes a transfer in favor of creditors, when a receiver or administrator is appointed over his person or the property of the rental, if the Renter makes or permits a voluntary or forced assignment of his rights to the Machine or if the Renter permits a lien, (prejudgment) attachment or levy to be made on the Machine, unless such declaration, assignment, disposition, lien, (prejudgment) attachment or levy is revoked or annulled within twenty calendar days; 9° an infringement of the Lease is committed or a weighty reason is present as a result of which the Rentee may demand the surrender of the Machine before the end of the lease term; 10° the Renter (if a natural person) dies, unless his legal successors continue the Lease with the Rentee's consent; 11° the activities of the Renter are (largely) halted or discontinued 12° the Renter vacates his premises or establishment (for the most part) without prior written notice or apparently leaves it permanently; 13° any other circumstance occurs, which may give the Rentee reasonable doubt as to the proper performance by the Renter of his obligations under the Lease;
13.4. The Lease may further be terminated immediately within 10 days after notice by the Rentee, at the expense and detriment of the Renter if;
1° the Renter fails to pay rent upon the expiration of thirty days after the due date (the first of each calendar month); or 2° the Renter fails to pay any damages, relief or penalty claimed.
13.5. Upon dissolution of the Lease for one of the above-mentioned reasons, all rent due will become immediately due and payable and the Client must return the Machine to the Rentee on the same business day. Per day of delay, in addition to the agreed rent, twenty percent of the total rent will be charged as liquidated damages, with a maximum of 12 months' rent, plus any costs. Per day of delay after the final date for returning the machine, double this compensation will be charged. If the Renter does not comply with the Rentee's request to return the Machine, the Rentee has the right to take possession of the Machine, even if the Renter should resist. In such event, the Renter shall have no right to bring any claim (including, but not limited to, a claim for impairment of possession). The costs arising from such recovery shall be borne by the Renter. The repossession and resale or reletting of such Machine shall not preclude Rentee from recovering damages from Renter. The Rentee's rights and remedies in the event of severance, termination or expiration of this Lease (including damages already specified), shall not be deemed exclusive but shall be cumulative and shall be added to all other rights and remedies legally existing in favor of the Rentee.
13.6. If the Machine is stolen and not recovered within the 10 days or if the Machine is damaged and cannot be repaired within the 10 days, the Rentee will be able to terminate the Lease on the relevant 10th day immediately without prejudice to the Rentee's right to recover from the Renter all damages suffered thereby.
13.7 The Renter who fails to return the Machine at the time provided for by the Lease exposes himself to civil and criminal prosecution as well as to a continuation of the payment of the rent as provided for in this Lease without implying an implied renewal of the Lease. Furthermore, in such case, the Renter authorizes the Rentee to immediately recover the Machine from where it is located without prior notice and releases the Rentee from any liability for any damage or expense resulting from such recovery, including the loss or damage to any object contained in the Machine, except if such damage or loss was caused by willful misconduct or gross negligence on the part of the Rentee or its appointee.
14 - DATA PROCESSING
The Renter and Rentee undertake to comply with their respective obligations arising from applicable privacy legislation, including but not limited to the General Data Protection Regulation 2016/679 (AVG) and the Law of July 30, 2018 (Law on the Protection of Natural Persons with regard to the Processing of Personal Data). The personal data of the user of the Machine will not be processed by the Rentee and the Renter confirms that it has taken appropriate technical and organizational security measures to secure the personal data as well as to have complied with the necessary, if any, obligations incumbent on it with respect to the user of the Machine and to indemnify the Rentee for any claim on account of the user. If the Renter is a natural person, the Letter confirms to have informed the Renter of the registration of the personal data concerning him/her (if any) in the file of the credit insurer (and the purpose of the processing: credit granting and management) who is the holder of the file. If the Renter is a natural person, the Rentee will always process the personal data in accordance with applicable legislation and in accordance with its "privacy policy" which can be consulted at www.delille.be/nl/privacy-policy.aspx.
15 - GEOLOCATION
The Rentee confirms that the technique of geolocation is used so that the Rentee is aware of the precise location of the rented Machine. The Lessor clarifies that it uses this technique for the sake of tracking the location of its Machine and the financial value of this Machine. The Renter will always appropriately and frequently inform each user of the Machine that the technique of geolocation is used, its purpose and its retention period. The location data collected from the Machine will be kept during the rental of the Machine and for a maximum period of 3 months after termination of the rental and will not be shared with the Renter. For the sake of completeness, the Renter confirms that it will not communicate any (personal) data of the user of the Machine to the Letter.
16 - COSTS AND TAXES
All costs, both judicial and extrajudicial, incurred by the Rentee to safeguard its rights pursuant to the performance of the Lease will be borne by the Renter. This also applies to any taxes of any kind relating to the Lease and/or maintenance agreement. Insofar as they are not included in the rents, they shall be paid separately by the Renter upon first request to the Rentee and in the manner indicated by the latter.
17 - DISPUTES
The parties declare that this contract is governed by Belgian law. All disputes fall under the exclusive jurisdiction of the Courts of Kortrijk.
18 - ENFORCEMENT/INSOLVENCY
18.1 If a third party attempts to enforce its rights to the Machine in the form of a claim, objection or (conservatory) attachment, the Renter must immediately notify the Rentee thereof and take the necessary steps to point out to such third party the (ownership) rights of the Rentee in good time.
18.2. If the Renter is the subject of insolvency proceedings or a prejudgment attachment, the Rentee shall be entitled to terminate the contract in accordance with Article 13.3. However, if the directors or the trustee agree in writing to pay all existing and upcoming invoices, the Rentee will have the option to continue the contract or not. The Rentee shall retain full ownership of the Leased Equipment, which in no event shall belong to the assets of the Renter. The Rentee may immediately claim and repossess the Machine. Upon refusal to surrender, the Rentee may immediately claim the value of the leased property.
Privacy policy
Last updated on 16 May 2018
This privacy policy describes how De Lille sa collects, holds, shares, protects and processes your personal data.
This privacy policy is directed at our current and previous customers, prospects and persons who have or have expressed an interest in our products and services.
It applies to personal data collected, used and processed by De Lille nv. By accepting the new privacy policy when you register on our website or when you provide us with your personal data, you acknowledge that you are aware of its content and you expressly consent to the way in which De Lille nv will process your data.
Because we value your privacy, we will process your personal data (hereinafter defined) fairly, lawfully and transparently, in accordance with the principles set out in the Belgian and European privacy legislation.
Who is responsible for processing your personal data?
The personal data that you share are recorded in a file of De Lille nv (whose registered office is located at Hulstsestraat 2, 8860 Lendelede and registered in the register of legal persons of Ghent, division Kortrijk, with company number 0422.838.242) (hereinafter referred to as "DELILLE" or "we"). DELILLE will act as the controller of your personal data.
What personal data is collected and used?
We may process the following personal data, depending on the relationship we have with you;
Professionals: company details (name, address, telephone (landline or mobile), e-mail), VAT number and company number.
Make and model of the products and services in which you have expressed an interest or requested an offer.
Make, model, vehicle type, chassis number, soap number, engine number, year of construction, mileage and license plate of the products you have purchased and order information.
In case of first use: make, model, service number and accessory data of the products you will use for the first time.
In case of repair: chassis and service number, internal machine number, plate number, mileage, nature of the repair.
If you visit our website, for Google Analytics: IP address and network location, duration of visit, pages visited, duration of visit per page, type of browser, type of operating system, type of flash version, JavaScript, screen resolution.
If you send a contact form via our site: e-mail address
On what basis is your personal data processed?
We may process your personal data if :
you have given us your consent for the purposes set out in this privacy policy (see below). Please note that you have the right to withdraw your consent at any time;
It is necessary for the performance of our agreement/services you have requested;
This is required by law (or other provisions).
For what purposes are your personal data processed?
The personal data that has been collected will only be used and processed for the purposes mentioned below.
To provide you with access to some of our services (see below);
For the purposes of Google Analytics, to receive an indication of changes in the number of visits to our site, to find out whether we are reaching a particular market sufficiently and to find out which stock exchanges and stocks influence visitors to our site;
Your personal data will also be used to prevent, detect and analyse possible prohibited or illegal activities, fraud and security breaches and to enforce our terms of use. The use of our website and the provision of your personal data require your express consent.
With your consent (Art. 6a. of the Privacy Act)
In order to process the request you have sent us via our website, by telephone or by e-mail.
In order to draw up a quotation or to execute your contract (art. 6b of the law on the protection of privacy)
For the processing, confirmation and follow-up of your order, general customer management, after-sales service and direct debit (including the possible transfer of claims to third parties).
For maintenance, repair and troubleshooting of your product.
For accounting purposes.
For the protection of your vital interests or those of another person (Art. 6d of the Privacy Act)
To be able to contact you immediately in the event of a recall campaign organised by the manufacturer of your product
To comply with the legal obligations to which we are subject (art. 6c of the law on the protection of privacy):
In some cases, the legal obligations to which we are subject, such as tax and accounting obligations, may require the processing, storage and/or transmission of data to the competent authorities.
Who will receive your personal data?
In accordance with the purposes described above, we may transfer your personal data to the following categories of recipients:
To our subcontractors, where we use them to perform certain services on our behalf (e.g. call centres, advertising agencies, ICT providers, cloud providers, insurance companies, etc.). In this case, these third parties may only use your data within the strict limits of the instructions they receive from us.
To our subcontractors, when we use them to perform certain services on our behalf in the context of maintenance, diagnosis, compensation, repair, loan or rental (De Lille distributors, De Lille service partners, rental companies).
Service providers: the manufacturer of your product, your product's engine, spare parts, GPS tracking, product monitoring and/or safety systems.
To governments, supervisory authorities and other third parties under certain legal obligations, if we suspect and/or attempt to detect certain criminal offences, in connection with the enforcement of third party intellectual property rights, if we believe that you have violated the terms of use of our website and/or applications or if we wish to enforce our privacy policy.
Is your personal data processed outside the European Economic Area (EEA)?
Your personal data will not be transferred outside the EU.
How is your personal data secured?
We take appropriate technical and organisational measures to protect your personal data from unauthorised processing or access.
However, our considerable efforts cannot guarantee 100% security of your data against possible threats.
How long will your data be kept?
We keep your personal data for as long as it is needed for the purposes described in this privacy policy or for the purposes of the law.
Please note that our online services may contain links to other online services, including services provided by other affiliated companies to which this Privacy Policy does not apply, but to which other privacy statements may apply that differ from this Privacy Policy. We therefore encourage you to read the privacy policies of all online services you visit before providing your personal data.
What are your rights regarding the processing of your personal data?
It is important that your personal data is kept up to date. Please inform us of any changes that need to be made to your personal data
We would also like to point out that you can withdraw your consent at any time.
We would also like to remind you of your rights regarding your personal data:
Right of access: you have the right to access the personal data we process in accordance with Belgian and European privacy legislation;
Right of rectification: you have the right to rectify erroneous personal data in accordance with Belgian and European legislation on the protection of privacy;
Right to erasure: you have the right to ask us to erase your personal data in accordance with Belgian and European privacy legislation;
Right to restrict processing: you have the right to request a restriction of the processing of your data in the cases described in the Belgian and European privacy legislation.
You have the right to object to the processing of your personal data in accordance with Belgian and European privacy legislation. When your personal data is processed for direct marketing purposes (including profiling), you have the right to object to the processing at any time.
Right to data transfer: you have the right to obtain the data you have provided to us in an ordinary, structured and machine-readable format and to transfer it to a third party of your choice.
To exercise the above rights, please contact avg@delille.be
We will do our utmost to respond positively to your request, provided that it complies with applicable laws and regulations.
Right to complain to a supervisory authority: you have the right to complain to a supervisory authority in accordance with Belgian and European privacy legislation.
Additional information
If we have received your personal data via a social network (e.g. Facebook, Twitter, etc.) or by a third party, we will inform you of this.
Changes
We may update and/or amend this privacy policy from time to time. You will be notified immediately of any such changes. You will be asked to re-read the relevant privacy policy and review how your personal data will be processed, collected, used and shared. You will then be asked to re-accept the relevant (most recent) version of the privacy policy.
Cookies
At no time will online data be linked to our internal service via so-called "cross device measurement".
Contact Information
We strive to protect your privacy and your personal data. If you have any questions about our privacy policy or the data we collect and process, please feel free to contact us by e-mail at avg@delille.be
DISCLAIMER
This disclaimer applies to the website http://www.delille.be, operated by DE LILLE NV (hereafter also referred to as "we" or "us"). We kindly ask you to read carefully the contents of this disclaimer, in conjunction with the privacy statement (available at http://www.delille.be), before using this website in any way. By using this website, you explicitly agree with the contents of this disclaimer. If you experience any inconvenience while reading this disclaimer or if you do not agree with its contents, we request you not to continue using this website.
1. The content and information on this website
The information available on this website is of a general nature. The information is not adapted to personal or specific circumstances and cannot be considered as personal advice. This website and all the materials offered on it are available as they are in their present condition and without any guarantees. The use of the website and of the information available on this website is therefore strictly at your own risk.
This website contains hyperlinks to other websites over which we have no control. We cannot guarantee the completeness or correctness of the content or information, nor the availability of these other websites. Therefore, we cannot be held liable for any direct or indirect damage resulting from the use of these other websites.
2. Liability
We make great efforts to ensure that the information offered is complete, correct, accurate and up-to-date. However, inaccuracies may occur. If the information provided contains errors or if certain information is not available, we will try to correct this as soon as possible. If you should notice any inaccuracies, please contact us (see contact details below).
We endeavor to secure the website by all reasonable means and to limit any inconveniences caused by technical errors as much as possible. However, we cannot exclude the possibility of faulty technical maneuvers or unauthorized interventions. We cannot guarantee uninterrupted access.
We are not liable for indirect damage, or consequential damage, including but not limited to loss of time, emotional damage, loss of an opportunity, loss of data, loss of profit, etc. Except to the extent that this is impossible under Belgian law, our contractual and extra-contractual liability in connection with the use of this website is limited to the amount of the transaction in question with a maximum of the amount covered under the applicable liability insurance in the case in question, unless the law permits an even lower limitation.
Nothing in this disclaimer shall exclude our liability for willful misconduct or fraud, physical injury, gross negligence and death.
Complaints arising from the use of the website shall only be accepted if submitted in writing within a period of five working days after the defects in question have been discovered.
3. Intellectual property
The texts, images, video and sound files reproduced on this website are protected by intellectual rights and belong to us or other entitled parties and may only be reproduced or communicated to the public with our express, prior and written consent.
4. Amendments
We reserve the right to amend this disclaimer at any time. If the disclaimer is amended, the amendment will be announced on the website and/or by e-mail and the disclaimer will come into effect thirty (30) days after the announcement. This disclaimer was last amended on 2 April 2014.
5. Applicable law and competent court
This disclaimer is governed by Belgian law. Any dispute over the interpretation or application of this agreement shall be subject to the jurisdiction of the courts of the judicial district of Kortrijk, unless another court is prescribed by law.
6. Contact details
For further information or comments:
Address: .Hulstsestraat 2, 8860 Lendelede...............
E-mail address: info@delille.be
Telephone number: 056738080.
