TERMS OF SERVICE
Art. 1 DEFINITIONS
General Terms and Conditions: these General Terms and Conditions of Sale of Progress Group;
Customer: the natural person who signs the Agreement or the legal person in whose name a representative or proxy holder signs the Agreement in the context of his/her professional activities;
Products: all products offered for sale by Progress Group, including but not limited to work clothing, work gloves, work shoes, head protection, eye and face protection, hygiene and cleanliness products and respiratory protection;
Progress Group: Progress Group BV, a private limited company under Belgian law, with registered office at Smallandlaan 29 B, 2660 Antwerp, registered with the Belgian Legal Entities Register under number 0533.902.846 (RPR Antwerp, Antwerp division);
Showroom: the physical showroom of Progress Group with address at 2660 Antwerp, Smallandlaan 29B;
Online service / Webshop / Online store: website and webshop of Progress Group on the domein progressgroup.be;
Agreement: the order confirmation issued by Progress Group to confirm an order for Products made by the Customer via e-mail, telephone, webshop or otherwise.
Art. 2 GENERAL CONDITIONS
Without prejudice to the application of any special conditions in a separate written agreement, these General Conditions apply to every quotation, order, order confirmation and invoice between Progress Group and the Customer. The General Terms and Conditions of Progress Group in force at the time of order apply to any sale and delivery of Products by Progress Group. If there is a separate written agreement between the Customer and Progress Group, it takes precedence with regard to the provisions contained therein. For the rest, the General Terms and Conditions remain applicable. The Customer acknowledges having read the General Terms and Conditions in advance and accepts them. General terms and conditions of the Customer do not apply, unless expressly deviated from in writing.
Art. 3 ORDER CONFIRMATION; PRODUCTS DESCRIPTION
Quotations are always without obligation, are for information purposes and as such are not binding on Progress Group. Unless mandatory law states otherwise, any order placed by the Customer will only be binding on Progress Group after confirmation of the order by means of sending an order confirmation by e-mail by Progress Group to the Customer. The final description of the Products to be delivered and the final price are included in the order confirmation. The illustrations, descriptions and other indications, product sheets or other documents provided by Progress Group are given for information purposes only.
Art. 4 PRICES AND PAYMENT
The Products are charged to the Customer at the prices and conditions as stated on the order confirmation. Unless expressly agreed otherwise, the prices stated by Progress Group are exclusive of taxes, VAT (excluding the webshop, where the prices, due to retail customers, include VAT), packaging costs, insurance costs and transport and shipping costs. These costs are stated separately by Progress Group and are always at the expense of the Customer.
The Customer undertakes to provide Progress Group with the correct billing information at the latest with the order confirmation. At the latest at the time of delivery of the Products, Progress Group will provide the Customer with an invoice.
Progress Group invoices must be protested within eight (8) days of the invoice date, failing which the invoices will be accepted as final. Unless otherwise stipulated, Progress Group’s invoice is payable no later than fourteen (14) calendar days after the invoice date in the currency specified in the invoice. In the event of full or partial non-payment of the invoice on the due date, the Customer will owe default interest on the unpaid invoice amount from this date, by operation of law and without prior notice of default, according to the legal interest rate in accordance with the Law of 02/08/2002 on combating late payment in commercial transactions as amended from time to time, with each commenced month counting as a full one. Any late payment by the Customer also entitles Progress Group to charge an administrative fee of twelve (12)% of the invoice amount, with a minimum of one hundred and twenty-five (125) euros. This administrative cost remains due in the event of (late) payment of the invoice in principal. In addition, in the event of late payment of an invoice, Progress Group may suspend the delivery of all Products ordered at that time but not yet delivered to the Customer until full payment of the invoices due. In such a case, Progress Group can also prohibit the collection in the Showroom of all products ordered at that time but not yet delivered. All costs resulting from the enforcement of payment through judicial channels, including attorneys fees, will be borne by the Customer.
Art. 5 CHANGES AND CANCELLATION
Changes made by the Customer after the order confirmation will only be implemented if Progress Group expressly agrees to this in writing and the Customer accepts that Progress Group can pass on all additional price adjustments and costs as a result of this change to the Customer in full. Cancellation of an order by the Customer after the order confirmation is only possible with the explicit written consent of Progress Group.
Art. 6 DELIVERY
The Customer has the option of physically picking up the Products in the Showroom. Unless expressly agreed otherwise, the Customer undertakes to collect the Products in the Showroom within a period of fourteen (14) calendar days after the date of the order confirmation. If the Customer fails to collect the Products on time, Progress Group has the right, but not the obligation, to deliver the Products to the Customer and to fully charge all associated costs to the Customer.
Unless the Customer wishes to physically collect the Products from the Showroom, the Products will be delivered either by a courier service or in the case of a large order via the transport of Progress Group. Where appropriate, the Products will be delivered to the Customer at the address communicated by the Customer. The Customer is obliged to ensure that the personal delivery of the Products to the specified delivery address and at the time communicated by Progress Group is possible. The Customer is obliged to accept the purchased Products at the time they are delivered to him. If the Customer is unable to receive the Products, the Customer is obliged to collect them from the Showroom within a period of fourteen (14) calendar days after the delivery date.
If the Customer ultimately does not collect the Products (on time) from the Showroom or the Products cannot be delivered to the Customer, the costs and risk of the storage of the Products by Progress Group will be fully borne by the Customer.
All delivery times are indicative and any delay in the delivery of the Products cannot give rise to fines, compensation or cancellation of the order.
Art. 7 CONTROL, COMPLAINS AND USE
The Customer undertakes to take delivery of the delivered Products upon delivery or, if applicable, upon collection from the Showroom, and to examine whether they correspond to what was agreed in the order confirmation. The Customer is obliged to sign for acceptance or have it signed by a representative of the Customer upon delivery or, if applicable, upon collection. By this signature, the Customer is deemed to have accepted the Products delivered or collected, and the Customer confirms that the delivery is complete, in accordance with the order confirmation, and covers all visible defects.
Complaints regarding quantity and/or non-conformity with the order confirmation must be submitted to Progress Group immediately upon delivery (in the case of visible defects) or at the latest within eight (8) days after the date of delivery (in the case of hidden defects) reported by registered letter stating the relevant data (including delivery note number and invoice number), failing which Progress Group may consider any complaint inadmissible. Complaints after this period can under no circumstances result in non-payment or postponement of payment of the invoice by the Customer.
The parties expressly agree that, under penalty of forfeiture of liability on the part of Progress Group, the term within which legal action must be instituted to establish a hidden defect on the part of Progress Group is in any case two (2) months to be calculated. from the outward appearance of the hidden defect. If complaints are found to be admissible and well-founded, Progress Group obligation is limited to replacing or repairing the Products (Progress Group’s choice) and the damage may not exceed the selling price of the Products sold.
The Customer is obliged to maintain and use the Products at all times in accordance with the instructions and/or manuals supplied. Any complaints arising from failure to correctly follow these instructions and/or manuals, abnormal use of the Products, alteration of the Products by the Customer, use of the Products in an environment that does not comply with the regulations or repairs by another party then Progress Group are considered inadmissible by Progress Group.
In the event of an admissible complaint by the Customer, the Customer cannot derive any right from this to suspend payment and/or the fulfillment of any other obligation or Agreement with Progress Group. The due date of the invoice is not postponed.
Art. 8 RETENTION OF THE TITLE AND TRANSFER OF RISK
All Products remain the property of Progress Group until full payment of all invoice amounts, including costs, interest and compensation. The risk in the Products is transferred at the time of delivery or collection of the Products by the Customer or a representative of the Customer in the Showroom.
Art. 9 LIABILITY AND WARRANTY
Progress Group’s liability is limited to damage suffered by the Customer that is the direct result of a visible or hidden defect in the Products delivered and/or of serious error or fraud by Progress Group. Insofar as Progress Group is dependent in its activities on the cooperation, services and deliveries of third parties, Progress Group can in no way be held liable for any damage whatsoever resulting from the error (with the exception of serious error or intent) under this third. Progress Group is only liable with regard to damage to third parties which is caused by a visible or hidden defect in the Products delivered, up to a maximum of the sales price of the Products delivered. The liability of Progress Group is excluded for consequential damage, immaterial damage, physical damage, loss of profit or business damage of the Customer.
If applicable, the Customer can claim the factory warranty offered by the manufacturer of the Products. In addition, Progress Group only guarantees that the Products correspond to what is stated in the order confirmation.
Art. 10 INTELLECTUAL PROPERTY RIGHTS; PROTECTION OF PERSONAL DATA
All intellectual property rights of any kind (including but not limited to designs, logos, projects, drawings, etc.) in the (“customized”) Products remain the property of Progress Group at all times.
Progress Group will process the Customer’s personal data in accordance with applicable personal data protection legislation. Progress Group confirms and the Customer acknowledges that this personal data can be used for customer management, invoicing and for the execution of its obligations under the Agreement. The personal data provided by the Customer may also be used for information or promotional campaigns by Progress Group. The Customer can request to view and change this data at any time and free of charge. If the Customer does not wish to receive commercial information from Progress Group, or if the Customer wishes to discontinue Progress Group’s use of its personal data for information or promotional campaigns and other direct marketing purposes, the Customer must notify Progress Group.
For more information check our Privacy Policy
Art. 11 DISSOLUTION AGREEMENT
Progress Group has the right to terminate the Agreement at any time, with immediate effect, without judicial authorization, subject to prior notice of default and without payment of any compensation, in the following cases: (i) if the Customer fails to comply with the (timely and proper) fulfillment of one or more obligations arising from the Agreement, (ii) in the event of cessation of payment, (application for) bankruptcy by the Customer or if the Customer is in a reorganization procedure, or (iii) if attachment is placed on (a part of) the assets of the Client. In the event of dissolution, Progress Group reserves the right to claim compensation for the costs and damage that Progress Group has suffered as a result of this dissolution and all claims of Progress Group against the Customer will become immediately due and payable.
Art. 12 FORCE MAJEURE
Progress Group is not responsible for non-compliance with its commitments in case of force majeure (including but not limited to accidents, terrorist attacks, strikes, lock-out, fire, epidemics, pandemics and supplier delays). Progress Group’s contractual obligations are suspended until the event of force majeure ceases to exist. If the case of force majeure continues for more than three (3) months, Progress Group and the Customer are entitled to terminate the Agreement without compensation.
Art. 13 DISPUTES AND APPLICABLE LAW
These General Terms and Conditions and all Agreements between the Customer and Progress Group are subject to Belgian law. All disputes of whatever nature fall under the exclusive jurisdiction of the Antwerp company court (Antwerp division).
Art. 14 TERMS OF ONLINE SERVICE
OVERVIEW
This website is operated by Progress Group BV. Throughout the site, the terms “we”, “us” and “our” refer to Progress Group BV register under number 0533.902.846 (RPR Antwerp, Antwerp division).
Progress Group offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
§1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
§2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
§3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
§4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
§5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
§6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
§7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
§8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
§9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
§10 - PERSONAL INFORMATION
Your submission of personal information through the online store is governed by our Privacy Policy.
§11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
§12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
§13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Progress Group, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
§14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Progress Group and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
§15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
§16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
§17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
§18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
§19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@progressgroup.be