General terms and conditions

Version: 2.0
Last updated: January 2026

Article 1 - Definitions

In these general terms and conditions the following terms are understood to mean:

  1. Entrepreneur: DM Covering BV, established at De Vlaamse Staak 2, 1745 Opwijk, Belgium, registered in the Crossroads Bank for Enterprises under number 0438.313.504, VAT BE0438.313.504, hereinafter referred to as "DM Covering".
  2. Customer: any natural person or legal entity acting in the course of their trade, business, craft, or profession and entering into or wishing to enter into an agreement with DM Covering. This includes, but is not limited to: contractors, gardeners, landscape architects, installers, facility managers, hospitality businesses, and other professional customers.
  3. Agreement: any arrangement or agreement between DM Covering and the customer, of which the general terms and conditions form an integral part.
  4. Product: any goods that are the subject of an agreement.
  5. Working day: all days of the week, except Saturdays, Sundays and official Belgian holidays.
  6. In writing: by letter, email or via the customer portal.

Article 2 - Applicability

  1. These general terms and conditions apply to every offer, quotation and agreement between DM Covering and the customer, as well as to the execution thereof.
  2. DM Covering supplies exclusively to professional customers. By placing an order, the customer confirms that they are acting within the scope of their professional activity.
  3. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
  4. The customer's general terms and conditions are expressly excluded, unless otherwise agreed in writing.
  5. DM Covering reserves the right to amend these terms and conditions. The applicable terms and conditions are those published on the date of the order.
  6. If one or more provisions in these general terms and conditions are null and void or are annulled, the remaining provisions will remain fully applicable.

Article 3 - Offer and Agreement

  1. Every offer and quotation from DM Covering is without obligation and valid for 30 days, unless stated otherwise.
  2. The offer includes a description of the products offered. Obvious errors or mistakes in the offer are not binding on DM Covering.
  3. The agreement is concluded at the moment that:
    • DM Covering has confirmed the order in writing, or
    • DM Covering has started executing the order.
  4. DM Covering reserves the right to refuse orders or impose additional conditions, including in cases of doubt about the customer's creditworthiness or outstanding invoices.
  5. Changes to the agreement are only valid if confirmed in writing by both parties.

Article 4 - Prices

  1. All prices are expressed in euros (€) and exclusive of VAT .
  2. VAT is stated separately on all invoices in accordance with applicable legislation.
  3. Orders are accepted from a minimum amount of €50.00 excluding VAT and shipping costs.
  4. DM Covering reserves the right to change prices. Price changes do not apply to orders already confirmed, unless they are the result of legal measures or unforeseen cost increases of more than 10%.
  5. DM Covering is not bound by price quotations that are clearly incorrect, for example as a result of obvious typographical, typographical, or printing errors.
  6. For large projects and repeat purchases, graduated pricing can be agreed upon. These will be confirmed in writing in a quote.

Article 5 - Payment

  1. Unless otherwise agreed in writing, orders must be paid in advance.
  2. The customer can pay via the following payment methods:
    • Transfer via home banking
    • Bancontact
    • Cash payment upon collection from the showroom
  3. For customers with approved payment deferrals: Payment is due within 30 days of the invoice date, unless otherwise agreed in writing. DM Covering reserves the right to set credit limits.
  4. In case of late payment:
    • Is legally and without notice of default liable for late payment interest of 10% per year on the outstanding amount.
    • A lump sum compensation of 10% of the invoice amount with a minimum of €75.00 is due, without prejudice to DM Covering's right to claim higher actual damages.
  5. In the event of non-payment, DM Covering reserves the right to:
    • To suspend further deliveries until all outstanding invoices have been paid.
    • To revoke a granted payment deferment.
    • To terminate the agreement at the customer's expense.
  6. Complaints about invoices must be submitted in writing within 8 days of the invoice date. After this period, the invoice is deemed accepted.

Article 6 - Delivery and Shipping Costs

6.1 Shipping costs

  1. Free delivery (carriage paid) for orders over €500.00 excluding VAT for deliveries in Belgium and the Netherlands.
  2. For orders below this amount, shipping costs will be charged according to the rates stated on the website or in the quotation.
  3. For deliveries outside Belgium and the Netherlands, shipping costs will be calculated upon request.

6.2 Delivery time

  1. In principle, all products are available from stock.
  2. The standard delivery time is 2 to 5 working days after order confirmation and receipt of payment (if applicable).
  3. If a product is not in stock, the customer will be informed in writing within 5 working days about the expected delivery time.
  4. The delivery times stated are indicative and not final. Exceeding the delivery time does not entitle the customer to compensation or termination of the agreement, unless the delay exceeds 30 business days and is attributable to DM Covering.
  5. DM Covering is entitled to carry out delivery in parts.

6.3 Delivery and transfer of risk

  1. Delivery will take place at the address specified by the customer, unless otherwise agreed.
  2. The customer is obligated to accept the products when they are offered. If the products are refused or not collected, the costs of storage and any re-delivery will be charged to the customer.
  3. The risk of loss or damage to the products passes to the customer:
    • Upon delivery: at the time of transfer to the customer or a third party designated by the customer.
    • Upon collection: at the time of transfer in the showroom.
  4. The customer must inspect the products upon delivery for visible defects and to ensure the correctness of the delivery. Any visible defects or discrepancies must be noted immediately on the delivery note.

Article 7 - Retention of title

  1. All delivered products remain the property of DM Covering until the customer has fulfilled all payment obligations, including any interest and costs.
  2. As long as the retention of title applies:
    • The customer may not pledge the products or offer them as security to third parties.
    • The customer must store the products with due care and as identifiable property of DM Covering.
  3. In the event of seizure, suspension of payments, or bankruptcy of the customer, the customer will immediately inform the seizing bailiff, administrator, or trustee of DM Covering's retention of title.
  4. DM Covering is entitled to take back the products if the customer fails to meet their payment obligations. The customer hereby grants DM Covering irrevocable permission to enter the premises where the products are stored for this purpose.

Article 8 - Complaints and Warranty

  1. Visible defects must be reported immediately upon delivery on the delivery note and confirmed in writing to DM Covering within 5 working days.
  2. Hidden defects must be reported in writing within 5 working days of discovery and at the latest within 6 months of delivery.
  3. A complaint must contain a detailed description of the defect, accompanied by photographs where applicable.
  4. Complaints that are not submitted within the stated time limits will not be processed.
  5. Filing a complaint does not suspend the customer's payment obligation.
  6. Warranty:
    • DM Covering guarantees that the products meet the specifications stated in the agreement.
    • The warranty is void if the defect is the result of normal wear and tear, improper use, improper storage, or modifications to the product by the customer or third parties.
    • The warranty is limited to replacement of the defective product or credit of the purchase price, at the discretion of DM Covering.

Article 9 - Returns

  1. Returns are only possible with prior written permission from DM Covering.
  2. Returns will only be accepted if:
    • The product is unused and undamaged.
    • The product is returned in its original, undamaged packaging.
    • The product is returned within 14 days after authorization.
  3. Excluded from return are:
    • Products that have been custom made or cut.
    • Personalized products.
    • Products that have been ordered specifically for the customer.
    • Products that have been used or damaged.
  4. Return shipping costs are the responsibility of the customer.
  5. Returns are at the customer's risk.
  6. For approved returns, the invoice amount will be credited, minus a handling fee of 15% of the product value with a minimum of €25.00.
  7. Returns should be sent to: DM Covering BV, De Vlaamse Staak 2, 1745 Opwijk, Belgium .

Article 10 - Liability

  1. DM Covering's liability is in all cases limited to the invoice amount of the order in question.
  2. DM Covering is not liable for:
    • Indirect damages, including but not limited to consequential damages, lost profits, lost savings, business interruption, or damages to third parties.
    • Damage resulting from improper use, improper storage or improper installation of the products.
    • Damage resulting from failure to follow technical guidelines or installation instructions.
    • Damage resulting from incorrect or incomplete information provided by the customer.
  3. The information, photos, and text on the website are presented as accurately as possible. Despite these efforts, inaccuracies may occur. DM Covering is not liable for any damages resulting from the use of incorrect information on the website.
  4. DM Covering is not liable for failure to fulfill its obligations or for failure to fulfill them on time due to force majeure. Force majeure includes, but is not limited to: war, terrorism, strikes, fire, natural disasters, epidemics, pandemics, government measures, transport problems, and supplier shortcomings.
  5. In the event of force majeure, DM Covering's obligations are suspended. If the force majeure lasts longer than 60 days, both parties are entitled to terminate the agreement without compensation.

Article 11 - Intellectual Property

  1. All intellectual property rights relating to the DM Covering website, including text, images, logos, trademarks, product information, and other materials, belong to DM Covering or its licensors.
  2. No part of this website may be reproduced, stored, or published without the prior written permission of DM Covering.
  3. The customer only obtains a non-exclusive, non-transferable right of use for the delivered products.

Article 12 - Confidentiality

  1. Both parties are obliged to maintain confidentiality of all confidential information obtained from each other in connection with the agreement.
  2. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
  3. This confidentiality obligation does not apply to information that:
    • Already public at the time of provision.
    • Subsequently became public without any action on the part of the receiving party.
    • Obtained lawfully from a third party.

Article 13 - Personal data

  1. DM Covering processes customer personal data in accordance with the General Data Protection Regulation (GDPR).
  2. The personal data is processed for the execution of the agreement, invoicing, customer service and, if the customer has agreed to this, for marketing purposes.
  3. More information about the processing of personal data can be found in the Privacy Policy on the website.

Article 14 - Disputes and Applicable Law

  1. All agreements between DM Covering and the customer are exclusively governed by Belgian law.
  2. All disputes arising out of or in connection with the Agreement shall be submitted exclusively to the competent courts of the district of Dendermonde, Belgium.
  3. The parties will only appeal to the court after they have made every effort to resolve the dispute by mutual agreement.

Article 15 - Contact details

DM Covering BV
The Flemish Stake 2
1745 Opwijk
Belgium

KBO: 0438.313.504
VAT: BE0438.313.504

Phone: +32 52 222 400
E-mail: info@dmcovering.be
Website: www.dmcovering.be

Article 16 - Final provisions

  1. If DM Covering does not invoke a provision of these terms and conditions at any time, this does not mean that DM Covering waives the right to invoke this provision at a later date.
  2. DM Covering is entitled to transfer its rights and obligations under the agreement to a third party. The customer is not entitled to transfer their rights and obligations without DM Covering's prior written consent.
  3. These terms and conditions are written in Dutch. In the event of any translations, the Dutch text prevails.

These general terms and conditions can be consulted at www.dmcovering.be