GENERAL TERMS AND CONDITIONS DELMO

ALGEMENE VOORWAARDEN DELMO

 Article 1: Applicability 
1.1 These general terms and conditions apply to all legal relationships (including orders, offers, and agreements) with DELMO. They form an indivisible whole with every offer and invoice issued by DELMO, and these documents must always be read together 

1.2 The other party purchasing goods and/or services from DELMO is referred to as the “customer.” A customer may be either a business (“business customer”) or a consumer (“consumer customer”). 

1.3 DELMO’s online webshop is exclusively aimed at customer-businesses (B2B). Customerconsumers may only purchase goods and services offline (in-person). a Unless specifically stated otherwise, the provisions in these terms and conditions apply to both B2B and B2C. With respect to the customerconsumer, these terms and conditions apply, except in the event of a conflict with a mandatory provision of consumer law. In that case, the conflicting provision will be replaced by the applicable mandatory legal provision. 

1.4 By placing an order (offline or via the webshop) or accepting an offer from DELMO, the customer acknowledges having read these general terms and conditions and having accepted them in full and without reservation. The party with whom a contract has been entered into under these general terms and conditions agrees to the applicability of these terms and conditions to any subsequent agreements concluded with DELMO.  

1.5 These terms and conditions take precedence over any general terms and conditions of the customer, which DELMO expressly rejects. DELMO accepts any terms and conditions of the customer only after its prior explicit written consent. The mere performance of the agreement by DELMO can never be considered as a tacit acceptance of any (purchase) terms and conditions of the customer.Any exceptional written acceptance by DELMO of the customer’s terms and conditions does not affect the application of these general terms and conditions, insofar as they contain more specific provisions and/or address aspects not included in the customer’s terms and conditions. This applies even if the customer’s terms and conditions explicitly exclude the application of other terms and conditions. 

1.6 For orders placed via the webshop, the specific provisions of Article 19 of these general terms and conditions apply in addition. In the event of a conflict between Article 19 and the other articles of these terms and conditions, Article 19 shall prevail with respect to webshop orders.  

Article 2: Offer and Formation of Agreement 
2.1 Offers/quotes issued by DELMO remain valid for 30 days from the date the offer is made, unless expressly stated otherwise in the offer. If the customer provides information to DELMO, DELMO may assume its accuracy and completeness and will base its offer (in part) on this information. 

2.2 The agreement is concluded upon the customer’s written acceptance of the offer within the aforementioned period or upon DELMO’s actual performance of the order. 

2.3 The agreement is strictly limited to the delivery of the works and/or goods described in the offer. 

2.4. Images, descriptions, dimensions, and weights in quotations, catalogs, or on the webshop are purely indicative and not binding, unless expressly stated otherwise. 

Article 3: Prices and Changes 
3.1 Prices for business customers are expressed in euros, excluding VAT and excluding other levies/costs and/or taxes (including, but not limited to, transport, shipping, packaging, and storage costs). Since 2 the webshop is exclusively B2B, all online prices are displayed excluding VAT. For consumer customers, prices are displayed in euros and include VAT. 

3.2 DELMO may pass on to the customer any demonstrable cost increases (labor costs, duties, taxes, levies imposed on raw materials/components of the product or the product itself, transportation and energy costs) that occur after the contract is concluded. DELMO undertakes to implement indexation once a year, unless exceptional circumstances (e.g., war, pandemic, extreme scarcity of raw materials and/or components, substantial legislative changes, etc.) require an interim price adjustment. DELMO will notify the customer of this in advance. 

3.3 DELMO may charge additional fees in the following cases (including but not limited to): changes to specifications, incorrect information provided by the customer, additional, faster, or more expensive work is required, the order requires a special approach to ensure proper execution (e.g., heavily worn or damaged blades, broken blades, rush orders, specific scheduling requirements, etc.). DELMO will inform the customer of this in advance, unless circumstances do not reasonably permit this (e.g., the special nature of the work, a limited delivery period, etc.). 

Article 4: Delivery and Completion Period 
4.1 Stated deadlines are indicative, unless expressly agreed otherwise and without prejudice to any deviating mandatory legal provisions applicable to the customerconsumer. The period shall not commence until agreement has been reached on all commercial and technical details, all necessary information and items are in DELMO’s possession, the agreed (installment) payment or advance has been received, and all other contractual obligations have been fulfilled. 

4.2 DELMO reserves the right to deliver orders in parts and to invoice these partial deliveries separately 

4.3 The delivery/performance period may be extended or suspended in the following cases (non-exhaustive): 
- circumstances other than those known to DELMO at the time it specified the period / unforeseen circumstances; 
- a change or extension of the order; 
- the customer fails to meet its contractual obligations (e.g., payment obligations, failure to provide necessary information, etc.); 
- suspension of obligations by DELMO (e.g., due to force majeure or other relevant factors). The duration of the extension/suspension of the delivery period is presumed to be necessary and to result from one of the above cases, unless the customer provides evidence to the contrary. 

4.4 Exceeding the delivery period does not entitle the customer to compensation, refusal to accept goods and/or work, or termination/rescission/cancellation of the agreement, without prejudice to any deviating mandatory legal provisions applicable to the customer-consumer (if the delay were unreasonable). The customer indemnifies DELMO against any claims by third parties resulting from an extension of the delivery period. 

Article 5: Best-Efforts Obligation 
5.1 The performance of work (such as grinding) constitutes a best-efforts obligation. DELMO shall perform the agreement to the best of its ability, in accordance with industry standards. DELMO shall make reasonable efforts to properly perform the agreement. If the result does not (fully) meet the customer’s expectations, DELMO shall not be liable provided the performance was carried out in accordance with the agreement. 

5.2 If, during the performance of the assignment, unforeseen circumstances arise beyond DELMO’s control or will that affect the result, DELMO will inform the customer thereof. 

Article 6: Delivery and Risk 
6.1 The risk of the goods passes to the customer-business:
- upon physical receipt by the customer at DELMO’s premises (pickup);
- upon delivery to the Belgian address 3 specified by the customer, if transport is carried out by DELMO itself (only for addresses in Belgium);
- upon handover to the carrier (Ex Works delivery), if transport is carried out by an external carrier on behalf of DELMO or the customer. - from the moment the goods are made available to the customer on the agreed delivery date and at the agreed location, if delivery is refused or cannot take place due to the customer’s fault (e.g., no one present on site, failure to pick up from DELMO in a timely manner). With respect to the consumer-customer, the risk of the goods passes upon physical receipt by the consumer (or a third party designated by the consumer) upon pickup. For orders in which DELMO ships the goods to the consumer, the provisions of Article VI.44 of the WER apply. The risk includes, among other things, storage, loading, use, transport, loading, unloading, theft, damage, loss, and any other depreciation in value of the delivered goods. 

6.2 If delivery takes place on-site (not on DELMO’s premises), the customer shall ensure a suitable delivery arrangement (e.g., the presence of an authorized person or a secure location) at the scheduled delivery time and address. If no one is present, the delivery is refused, or if the customer fails to provide accurate information or instructions necessary for proper delivery, the additional costs and risk (storage, redelivery attempt, etc.) shall be borne entirely by the customer. If the customer requests that the goods be left at a specific location without anyone accepting them (e.g., drop-off, garage/shed), this is done entirely at the customer’s risk, and the delivery confirmation from DELMO or the external carrier serves as proof of proper delivery. Article 6.2 applies to both business customers and consumer customers. 

6.3 For offline orders > €250 (excl. VAT), shipping costs are included in the price, provided that the shipment can be scheduled in conjunction with other deliveries and/or within a standard DELMO delivery route. For offline orders ≤ €250 (excl. VAT) and offline orders where transportation cannot be scheduled in combination with other deliveries or within a standard route (“special transportation”), transportation costs will be billed separately based on a mileage rate of €0.40/km. For webshop orders, only the provisions of Article 19 apply.  

Article 7: Retention of Title and Retention 
7.1 Delivered goods remain the property of DELMO until full payment of the price and incidental costs. The customer may not encumber or dispose of these goods until payment has been made in full. Following a written demand specifying a reasonable deadline, DELMO may proceed to recover the delivered goods at the customer’s expense. The customer shall cooperate fully in this regard. If, after DELMO has delivered the goods to the customer, the customer has fulfilled its obligations, the retention of title with respect to these goods shall be reinstated if the customer fails to fulfill its obligations under a subsequently concluded agreement with DELMO. 

7.2 DELMO has a right of retention over all items (e.g., knives for sharpening, instruments, documents, etc.) that it holds from the customer for any reason whatsoever, until all outstanding claims have been settled. DELMO is not liable to the customer for any damage resulting from the exercise of its right of retention. The customer indemnifies DELMO against claims by third parties arising from the invocation of the right of retention. 

Article 8: Force Majeure 
8.1 DELMO cannot be held liable for a failure to fulfill its obligations if such failure is the result of force majeure. Force majeure includes, but is not limited to: prolonged illness, a pandemic, the circumstance that third parties engaged by DELMO, such as suppliers, auxiliary persons, subcontractors, and carriers, and other parties on which the customer depends, do not fulfill their obligations (in a timely manner), extreme weather conditions, natural disasters, terrorism, cybercrime, disruption of (digital) infrastructure, fire, power outage, loss/damage/theft of infrastructure, tools, 4 machinery, materials, or information, roadblocks, strikes, or work stoppages, and import or trade restrictions. 

8.2 In the event of force majeure, DELMO is entitled to suspend the fulfillment of its obligations. Once the force majeure situation has ended, DELMO will fulfill its obligations to the extent that the schedule and circumstances reasonably permit. If the fulfillment of its obligations has become permanently impossible for DELMO due to force majeure, if the special circumstances so require, or if the force majeure situation lasts longer than 6 months, the agreement may be terminated without compensation and with immediate effect. The agreement may be terminated by the customer only for that part of the obligations that has not yet been fulfilled by DELMO.  

Article 9: Performance of the Work on Site 
9.1 The customer shall ensure that DELMO can commence/perform the work at the agreed time. 

9.2 If the work cannot be commenced/performed (on time) due to the customer’s fault, costs may be charged for this. These costs may include, among other things: waiting times, transportation and downtime costs, (rental) costs of materials/tools/machines, and lost working hours. 

9.3 Waiting times at the customer’s premises exceeding 15 minutes will be charged at €50/hour per worker, with each hour started counted as a full hour 

9.4 In the event of a fruitless trip caused by the customer, the customer shall owe a lump-sum compensation of €500, without prejudice to DELMO’s right to prove and claim the actual damage suffered, if this is higher. With respect to the customer-consumer, the compensation owed shall be in reasonable proportion to the damage suffered by DELMO. The execution of the works will be rescheduled as necessary, with any prior deadlines to which DELMO may have committed being null and void. 

Article 10: Completion of the Work 
The works shall be deemed completed and accepted in the following situations:
- the customer has approved the works;
- the customer has taken the works into use, in whole or in part;
- the customer has not lodged a written and substantiated objection within 7 days of delivery of the works;
- The customer has not approved the work due to minor defects or missing parts that can be repaired or supplied within 30 days and/or do not prevent the work from being put into use. If the customer does not (fully) approve the work, they are obligated to notify DELMO in writing, providing a detailed statement of reasons, within 7 days of delivery. In this case, the customer must give DELMO the (physical) opportunity to deliver the work within a reasonable period. 

Article 11: Liability 
11.1 DELMO (including its employees and agents) is only liable for direct damage caused by its intent or fraud. DELMO is not liable for any other damage, including indirect or consequential damage, without prejudice to any deviating mandatory statutory provisions. Consequential damage includes, among other things, stagnation damage, production downtime/loss, loss of opportunity, lost profits, fines, transportation costs, and travel and accommodation expenses. 

11.2 The customer acknowledges that a certain degree of material loss and wear is inherent in the process of sharpening/machining/… of knives and cannot be considered damage or a defect. 

11.3 If multiple parties are involved in a claim, DELMO can only be held liable for the portion for which DELMO’s liability is proven. 

11.4 DELMO is not liable for damage resulting from the customer’s failure to fulfill its obligations, nor for damage resulting from a suspension of its obligations due to the customer’s non-performance (e.g., default). The customer cannot derive any rights from advice and information provided by DELMO that does not directly relate to the agreement 

11.5 Only the customer and/or its agent or representative are responsible for the availability, accuracy, and correctness of the data necessary for the performance of the 5 agreement. If the customer or its agent/representative provides information to DELMO, DELMO may rely on the accuracy and completeness of such information in performing the agreement. 

11.6 DELMO maintains insurance that covers its activities. DELMO’s obligation to compensate for damage on any basis whatsoever, and regardless of the cause or extent, is in any case limited to that damage against which DELMO is insured under an insurance policy taken out by or on behalf of DELMO. DELMO’s liability is limited to the terms and coverage provided by the insurance company. The extent of this obligation shall never exceed the amount paid out under this insurance in the relevant case. DELMO shall provide the customer with a copy of the policy upon first request. If, for any reason, DELMO cannot rely on its insurance, the obligation to compensate for damages is limited to a maximum of 15% of the total contract amount (excl. VAT). If the agreement consists of components or partial deliveries, this obligation is limited to a maximum of 15% (excl. VAT) of the contract amount for that component or partial delivery. In the case of an agreement of indefinite duration, the obligation to compensate for damages is limited to a maximum of 15% (excl. VAT) of the contract amount due over the last 12 months preceding the event causing the damage. If DELMO is held liable for defects in goods produced by third parties, its liability is further limited to the amount that DELMO itself can recover from its supplier/manufacturer. 

11.7 Any non-contractual liabilities of third parties toward DELMO are always limited to the circumstances in which DELMO could be held liable by the customer. DELMO limits all non-contractual liability claims against its agents to the liability claims that can be brought against DELMO itself. Each auxiliary person may invoke the same defenses against the customer and any third parties involved as those DELMO could invoke under the agreement. 

11.8 DELMO is not liable for damage to third parties arising from the use of the delivered products and/or works. The customer fully indemnifies DELMO against all claims by third parties (including product liability claims, claims for latent defects, price changes, delivery terms, or any other claim filed by third parties against the customer or its legal successors) related to the performance of the agreement, except in cases of intent or gross negligence on the part of DELMO. The customer shall also indemnify DELMO against any claims by third parties regarding the use of advice, calculations, designs, materials, trademarks, models, etc. provided by or on behalf of the customer . If DELMO suffers any loss as a result, such as defense costs incurred by it in connection with such claims, the customer shall be obligated to compensate DELMO for such loss. 

11.9 Any joint and several liability and/or joint liability of DELMO with third parties is expressly excluded, without prejudice to any deviating mandatory statutory provisions.  

Article 12: Warranty 
12.1 The customer is obligated to inspect the goods immediately upon delivery and verify their conformity. Visible defects must be reported to DELMO in writing, with a detailed explanation, within 8 calendar days of delivery. After this period, the customer is deemed to have accepted the delivery. For claims by the buyer regarding non-conformity and visible defects, the buyer must have fulfilled its obligations to inspect the goods immediately upon delivery and to report any defects in a timely manner. 

12.2 Hidden defects must be reported to DELMO in writing and with justification by the customer within 14 days of discovery of the hidden defect or at the time when the defect should reasonably have been discovered. Claims for hidden defects expire with respect to business customers 1 year after delivery or fulfillment of the agreement. 

12.3 For consumer buyers, the mandatory warranty provisions for consumers apply (Articles 1649bis through 1649nonies of the former Civil Code). 

12.4 DELMO’s liability for defects is excluded with respect to defects that are not reported (in a timely manner) or in cases where the customer fails to fulfill its duty of inspection in a timely and adequate manner. DELMO is only obligated to address a written claim regarding defects to the extent that the customer has 6 fulfilled its contractual obligations (including payment obligations). Any intervention, adjustment, modification, processing, etc., of the delivery by the customer, its appointees/agents, and/or third parties excludes DELMO’s liability for any defect that may be identified.  

12.5 The warranty is excluded for (nonexhaustive list): defects resulting from normal wear and tear, improper use, failure to perform, late, or incorrect maintenance, modification, or repair by the customer or by third parties, defects in or unsuitability of goods originating from or specified by the customer, or defects in or unsuitability of materials or tools used by the customer. Furthermore, DELMO provides no warranty for goods that were not new at the time of delivery, nor for parts covered by a manufacturer’s warranty. 

12.6 The warranty for sales is limited, at DELMO’s discretion, to repair or replacement of the defective item or a credit for the proportionate portion of the price. The warranty on work (grinding work) is strictly limited to re-performing the work and, in principle, does not give rise to a refund. However, this warranty obligation does not apply if the technical condition of the item (e.g., extensive wear and tear, metal fatigue, or previous improper processing) reasonably prevents a satisfactory result. In that case, DELMO is released from its warranty obligation and is likewise not liable for any refund or compensation. Items repaired or replaced by DELMO must be sent to DELMO by the customer, at the customer’s risk and expense, or physically made available to DELMO, unless the parties expressly agree otherwise. Returns of online store orders are only possible in accordance with the terms and procedure of Article 19. 

12.7 If the parties have agreed upon specific, deviating warranty terms, these shall take precedence. In all other respects, the provisions of this article shall remain (supplementarily) applicable with regard to warranty. 

Article 13: Payment 
13.1 Invoices are payable on the due date at DELMO’s registered office or to an account designated by DELMO . If no due date is specified, invoices are payable within 14 days of the invoice date. 

13.2 Any objection to an invoice must be submitted in writing, stating the reasons, within 8 calendar days of receipt. If the objection is not submitted (in a timely manner), the invoice shall be deemed accepted, including the statement of account contained therein and the services listed. 

13.3 Regardless of whether DELMO has fully performed the agreement, all amounts owed or to be owed by the customer to DELMO under the agreement become immediately due and payable in the following cases: failure to meet the payment deadline; insolvency, dissolution, liquidation, bankruptcy, or judicial reorganization of the customer-company; attachment of the customer’s property or claims; collective debt settlement, protective measure, or death of the customer-consumer. 

13.4 Set-off by the customer-company is excluded. DELMO may offset its claims against the customer-company or companies affiliated with the customer-company against any outstanding debts owed to it. Set-off is permitted with respect to the customer-consumer. 

13.5 In the event of (partial) non-payment of an invoice by the business customer on the due date, the following shall be due by operation of law and without prior notice of default as of the due date of the invoice: (i) late payment interest at 12% per annum or equal to the interest rate under the Act of August 2, 2002, on combating late payment in commercial transactions, if higher, as well as (ii) a fixed liquidated damages clause of 10% with a minimum of €250. In this case, all unpaid (even non-due) claims shall also become immediately due and payable, and DELMO shall be entitled to issue further invoices only on a prepayment basis. ​ 

13.6 In the event of (partial) non-payment of an invoice by the consumer-customer on the due date, the consumer-customer will receive a free payment reminder stating that the consumer-customer has a period of 14 calendar days to pay the outstanding principal amount before default interest and a contractual fixed-rate compensation become 7 due. If the customer-consumer still fails, in whole or in part, to pay the principal amount due within 14 calendar days of the payment reminder, the following shall be due: (i) late payment interest equal to the reference interest rate plus eight percentage points, as provided for in Article 5, paragraph 2, of the Act of August 2, 2002, on combating late payment in commercial transactions, calculated from the first day following the (electronic) dispatch of the payment reminder until the date of full payment, as well as (ii) a lump-sum penalty clause, calculated as follows:
● debt up to and including €150: €20;
● debt between €150.01 and €500: €30 plus 10% of the debt for that bracket;
 ● debt over €500: €65 plus 5% of the debt in the bracket exceeding €500, with a maximum of €2,000.
 A fee of €7.50, plus the postage costs in effect at that time, will be charged for each reminder starting with the second reminder, or starting with the first reminder in the event of a fourth late payment in the same year for regular delivery of goods or services.​ 

Article 14: Intellectual Property ​
Unless otherwise agreed in writing, DELMO retains ownership of all intellectual property rights (including but not limited to copyrights, trademarks, patents, and industrial designs) related to the products and/or works it delivers. The customer is granted only a nonexclusive, non-transferable right of use. DELMO shall not be liable for any damages suffered by the customer as a result of an infringement of third-party intellectual property rights, except in cases of intent or gross negligence on the part of DELMO. The customer shall indemnify DELMO against any third-party claims relating to infringements of intellectual property rights associated with the customer’s use of the delivered products and/or works. 

Article 15: Termination 
15.1 The customer may terminate the agreement in whole or in part, provided that payment is made for the services performed/goods delivered, plus a termination fee of 20% of the agreed contract amount if less than 50% of the total contract has been performed/delivered, or 20% of the remaining contract amount if more than 50% of the total contract has been performed/delivered. 

15.2 If the customer, following a written request from DELMO to (further) perform the agreement (e.g., to collect/deliver goods, provide information), does not respond (positively) within 14 days of this request, DELMO may regard this as a unilateral termination of the agreement by the customer. In this case, the customer shall owe DELMO compensation by operation of law and without prior notice of default in accordance with the preceding paragraph. 

Article 16: Privacy 
The processing of personal data is carried out in accordance with applicable privacy legislation (the Act of July 30, 2018, on the protection of natural persons with regard to the processing of personal data and the GDPR). For more information, please refer to the privacy statement, available on DELMO’s website. 

Article 17: Miscellaneous 
17.1 If any provision of these terms and conditions is found to be wholly or partially invalid, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these terms and conditions and of the agreement. In such a case, the parties will consult with each other to agree on a replacement provision that comes as close as possible to the purpose and intent of the original provision. 

17.2 The agreement encompasses all arrangements regarding the rights and obligations of the parties, unless specific documents within this agreement are expressly referenced. Any correspondence and documents in any form whatsoever preceding the agreement are not binding on the parties and may not be used to interpret the agreement. Amendments to the agreement are only valid if they are agreed upon in writing and legally signed by the 8 parties. 

17.3 To the extent that these terms and conditions provide for compensation (including damages) that the customerconsumer would owe to DELMO, the customer-consumer is entitled to equivalent compensation (including damages) at DELMO’s expense based on the principle of reciprocity 

17.4 The language of these general terms and conditions, as well as of all other (legal) documents (including, but not limited to, the privacy statement, cookie policy, and disclaimer) and the website content of DELMO, is Dutch. Any translations of these into another language are provided solely for informational purposes and for the customer’s convenience. Only the original Dutchlanguage text is legally valid and binding. In the event of a dispute, differences in interpretation, inconsistencies, or any contradiction between the Dutch-language text and a translation thereof, the Dutchlanguage text shall prevail at all times. 

Article 18: Governing Law and Competent Court 
18.1 The legal relationship between the parties is governed exclusively by Belgian law. The Vienna Sales Convention (C.I.S.G.) is excluded, as is any other international regulation whose exclusion is permitted. 

18.2 Disputes with a business customer shall be settled exclusively by the competent courts of the District of East Flanders, Division of the Court of First Instance in Ghent. Disputes with a consumer customer fall under the jurisdiction of the courts designated by Article 624 of the Judicial Code. 

Article 19: Special provisions for online sales via the webshop 
19.1 B2B (businesses) only This article applies specifically to sales via the DELMO webshop. DELMO’s webshop is intended solely and exclusively for business customers (B2B) who have a valid VAT number. By placing an order via the webshop, the customer expressly declares and warrants that they are placing the order in their capacity as a business. Consumers (B2C) are excluded from online purchases. DELMO reserves the right to cancel orders or refuse/block accounts if it appears or is suspected that the buyer is a consumer, or in the event of (suspected) misuse or fraud. Consequently, the statutory right of withdrawal for consumers (Art. VI.47 WER) expressly does not apply to any purchase made through the webshop. 

19.2 Offer, Prices, VAT
 The offer on the webshop is valid while supplies last and may be changed by DELMO at any time. DELMO takes care in the online presentation of product information; however, obvious errors, mistakes, or typos in the offer (such as evident pricing errors) are not binding on DELMO. Images, descriptions, dimensions, and weights are purely indicative. All prices in the webshop are expressed in euros and exclude VAT and shipping costs. Shipping costs are calculated during the online ordering process (checkout). If a business customer from an EU member state other than Belgium provides a valid VAT number that is validated by the VIES system, invoicing may be carried out with reverse charge VAT (intra-Community supply, 0% VAT), provided that cross-border transport to the other member state is adequately demonstrated. In the absence of proof of transport, DELMO reserves the right to charge Belgian VAT (21%) after the fact.  

19.3 Formation of the Agreement and Payment
The agreement with the customer is only concluded when DELMO explicitly accepts the order by means of an order confirmation or shipping confirmation via email. The automatic email sent immediately after placing the order (order confirmation) serves merely as an informational overview, not as acceptance or confirmation of the order. Webshop orders must be paid in full immediately upon placing the order using a payment method offered by DELMO. The order will only be shipped after receipt of full payment. 

19.4 Delivery
In accordance with the European Geoblocking Regulation, the webshop is accessible to businesses throughout the European Union. However, DELMO limits its logistics services (physical delivery by or on behalf of DELMO) to the following countries: Belgium, the Netherlands, France, Luxembourg. DELMO reserves the right to unilaterally change or restrict this selection of countries at any time. Businesses located in other EU member states may place an order, but in that case must arrange for the pickup of the goods at DELMO’s headquarters (Ex Works - Incoterms 2020) or organize transport themselves from a specified delivery address in one of the aforementioned countries. Delivery times are approximate. The risk of loss or damage passes to the customer company as soon as the goods leave DELMO’s warehouse or are handed over to the carrier. Shipping costs may vary based on the actual cost of transport to the delivery address provided by the customer . Shipping costs may vary based on the actual cost of transport to the delivery address provided by the customer. ​ 

19.5 Return Policy 
Business customers do not have a statutory right of withdrawal. Orders are final for them upon confirmation of the order by DELMO. However, returning a webshop order is possible in the following cases:
1. Lack of conformity: in the event of a defect, damage, or incorrect delivery (see Article 12);
2. Goodwill: upon explicit, prior written consent from DELMO. In that case, additional costs may be charged. Every return request follows the following procedure:
● Written notification: The customer must notify DELMO in writing (via email to mail@delmo.be) within 8 calendar days of delivery, stating the reason for the return and, if applicable, providing clear evidence. 
● Return form and evidence: After notification, the customer must complete the official Return Form (available upon written request) and submit the form along with supporting evidence (clear photos of the defect in the product and packaging) via email to DELMO. DELMO will review the request within a reasonable timeframe, taking into account any holiday periods. 
● Authorization: Goods may only be returned to DELMO after receiving an RMA number from DELMO.  
● Return shipment: The customer company must ship the return shipment no later than 3 calendar days after receiving the RMA number. The customer company must clearly indicate the RMA number on the packaging and physically include a copy of the Return Form (or the RMA confirmation) with the return shipment. The product must be returned in its original condition and packaging
● The customer bears the burden of proof for the timely and correct return shipment. To this end, the customer must carefully retain the proof of shipment, including a valid track & trace code, and submit it to DELMO upon first request in order to verify the shipment.
● Processing: Unjustified returns or returns without an RMA number will be refused and may result in additional costs to be borne by the customer. Any depreciation in value due to use beyond what is necessary to determine the nature and functioning of the product will be charged. Returns are made at the customer’s risk and expense, unless otherwise agreed in writing between the parties, e.g., in the case of an incorrect delivery. If DELMO finally approves the return shipment, the provisions of Article 12.6, paragraph 1, shall apply accordingly