Terms & conditions

Art. 1 DEFINITIONS

General Terms and Conditions: these General Sales Conditions of Progress Group; Customer: the natural person signing the Agreement or the legal entity on whose behalf a representative or proxy 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 workwear, work gloves, work shoes, head protection, eye and face protection, hygiene and cleanliness products, and respiratory protection; Progress Group: Progress Group BV, a private company under Belgian law, with registered office at Smallandlaan 29 B, 2660 Antwerp, registered with the Crossroads Bank for Enterprises (CBE) under number 0533.902.846 (CBE Antwerp, Antwerp division); Showroom: the physical showroom of Progress Group located at 2660 Antwerp, Smallandlaan 29B; Online service / Webshop / Online store: website and webshop of Progress Group on the domain progressgroup.be; Agreement: the order confirmation provided by Progress Group confirming an order of Products by the Customer via email, 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 Conditions of Progress Group in force at the time of the order apply to every sale and delivery of Products by Progress Group. If a separate written agreement exists between the Customer and Progress Group, it shall prevail over the provisions contained therein. Otherwise, the General Conditions remain applicable. The Customer acknowledges having read and accepted the General Conditions in advance. The Customer’s terms and conditions are not applicable unless expressly deviated from in writing.

Art. 3 ORDER CONFIRMATION; PRODUCT DESCRIPTION

Quotations are always non-binding, serve for information purposes, and do not bind Progress Group as such. Unless mandatory law provides otherwise, an order placed by the Customer is only binding on Progress Group after confirmation of the order by sending an order confirmation by email from 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 images, descriptions, and other indications provided by Progress Group, product sheets, or other documents are provided for information purposes only.

Art. 4 PRICES AND PAYMENT

The Products are invoiced 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 prices payable by retail customers include VAT), packaging costs, insurance costs, and transport and shipping costs. These costs are separately stated by Progress Group and are always borne by the Customer.

The Customer undertakes to provide Progress Group with the correct billing information no later than at the time of the order confirmation. Progress Group will provide the Customer with an invoice no later than at the time of delivery of the Products.

Progress Group invoices must be protested within eight (8) days of the invoice date, failing which the invoices will be deemed definitively accepted. Unless otherwise specified, Progress Group’s invoice is payable within fourteen (14) calendar days of the invoice date in the currency stated on the invoice. In case of total or partial non-payment of the invoice on the due date, the Customer shall owe default interest from that date by operation of law and without prior notice of default on the unpaid invoice amount at the statutory 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 month started counting as a full month. Each 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 fee remains due in case of (late) payment of the principal invoice. Moreover, in case of late payment of an invoice, Progress Group may suspend the delivery of all Products ordered but not yet delivered to the Customer until full payment of the due invoices. In such a case, Progress Group may also prohibit the collection in the Showroom of all products that have been ordered but not yet delivered at that time. All costs arising from judicial enforcement, including legal costs, shall be borne by the Customer.

Art. 5 AMENDMENTS AND CANCELLATION

Amendments made by the Customer after the order confirmation will only be implemented if Progress Group expressly agrees thereto in writing, and the Customer accepts that Progress Group may fully pass on all additional price adjustments and costs resulting from such amendment to the Customer. Cancellation of an order by the Customer after the order confirmation is only possible with the express written consent of Progress Group.

Art. 6 DELIVERY

The Customer has the option to physically collect the Products from the Showroom. Unless expressly agreed otherwise, the Customer undertakes to collect the Products from the Showroom within fourteen (14) calendar days of the date of the order confirmation. If the Customer does not 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 the Customer for all associated costs.

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 Progress Group’s transport. In such cases, the Products will be delivered to the address provided by the Customer. The Customer is obligated to ensure that personal delivery of the Products is possible at the specified delivery address and at the time communicated by Progress Group. The Customer is obligated to accept the purchased Products when they are delivered to him. If the Customer is unable to accept delivery of the Products, the Customer is obligated to collect them from the Showroom within fourteen (14) calendar days of the delivery date.

If the Customer ultimately does not (timely) collect the Products from the Showroom or if the Products cannot be delivered to the Customer, the costs and risk of storage of the Products by Progress Group shall be borne entirely 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 INSPECTION, COMPLAINTS, AND USE

The Customer undertakes to accept and examine the delivered Products upon delivery or, if applicable, upon collection from the Showroom, to verify whether they correspond to what was agreed upon in the order confirmation. The Customer is obliged to sign or have signed by a representative of the Customer upon delivery or, if applicable, upon collection. This signature implies that the Customer is deemed to have accepted the delivered or collected Products and confirms that the delivery is complete, in accordance with the order confirmation, and covers all visible defects.

Complaints regarding quantity and/or non-compliance with the order confirmation must be reported immediately upon delivery (in case of visible defects) or no later than eight (8) days after the date of delivery (in case of hidden defects) by registered letter stating the relevant details (including delivery note number and invoice number) to Progress Group, failing which Progress Group may declare any complaint inadmissible. Complaints after this period can in no case lead to non-payment or postponement of payment of the invoice by the Customer.

 

Parties expressly agree that, as a condition for the forfeiture of liability of Progress Group, the period within which a legal action must be initiated to establish a hidden defect on the part of Progress Group shall in any case be two (2) months from the latest appearance of the hidden defect. If complaints are found to be admissible and justified, Progress Group’s obligation is limited to replacing or repairing the Products (at Progress Group’s discretion) and damages may not exceed the sale price of the sold Products.

The Customer is obliged to maintain and use the Products at all times in accordance with the provided instructions and/or manuals. Any complaints arising from failure to properly follow these instructions and/or manuals, abnormal use of the Products, modification of the Products by the Customer, use of the Products in an environment that does not comply with regulations, or repairs by another party other than Progress Group, shall be deemed inadmissible by Progress Group.

In the event of an admissible complaint from the Customer, the Customer shall not have the right to suspend payment and/or performance of any other obligation or agreement with Progress Group. The due date of the invoice shall not be postponed.

 

Article 8 RETENTION OF TITLE AND TRANSFER OF RISK

All Products remain the property of Progress Group until full payment of all invoice amounts, including costs, interests, and damages. The risk of the Products passes to the Customer at the time of delivery or collection of the Products by the Customer or a representative of the Customer at the Showroom.

Article 9 LIABILITY AND WARRANTY

The liability of Progress Group is limited to damage suffered by the Customer that is directly caused by a visible or hidden defect in the delivered Products and/or serious error or deception by Progress Group. To the extent that Progress Group relies on the cooperation, services, and deliveries of third parties in its activities, Progress Group cannot be held liable in any way for any damage resulting from the fault (except for serious error or intent) of these third parties. Progress Group is only liable for damage to third parties caused by a visible or hidden defect in the delivered Products, up to the maximum sale price of the delivered Products. Progress Group’s liability is excluded for consequential damage, immaterial damage, bodily harm, loss of profit, or business damage suffered by the Customer.

If applicable, the Customer may claim the manufacturer’s warranty offered by the manufacturer of the Products. In addition, Progress Group only guarantees that the Products comply with what is stated in the order confirmation.

Article 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.) on the (“customized”) Products remain the property of Progress Group at all times.

Progress Group will process the personal data of the Customer in accordance with the applicable legislation on the protection of personal data. Progress Group confirms and the Customer acknowledges that this personal data may be used for customer management, billing, and for the performance of its obligations under the Agreement. The personal data provided by the Customer may also be used for information or promotional campaigns of Progress Group. The Customer may request to view and modify these data free of charge at any time. If the Customer does not wish to receive commercial information from Progress Group, or if the Customer wishes to discontinue the use of his personal data by Progress Group for information or promotional campaigns and other direct marketing purposes, the Customer must inform Progress Group accordingly.

Refer to our privacy policy for more information.

Article 11 TERMINATION 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 damages, in the following cases: (i) if the Customer fails to comply with (timely and proper) performance of one or more obligations arising from the Agreement, (ii) in case of suspension of payment, bankruptcy (request for) by the Customer or if the Customer is in a restructuring procedure, or (iii) if seizure is made on (part of) the assets of the Client. In case of termination, Progress Group reserves the right to claim compensation for the costs and damages suffered by Progress Group as a result of this termination, and all claims of Progress Group against the Customer become immediately due and payable.

Article 12 FORCE MAJEURE

Progress Group is not responsible for failure to fulfill its obligations in case of force majeure (including, but not limited to, accidents, terrorist attacks, strikes, lockouts, fire, epidemics, pandemics, and delays by suppliers). Progress Group’s contractual obligations are suspended until the force majeure ceases to exist. If the force majeure lasts longer than three (3) months, Progress Group and the Customer are entitled to terminate the Agreement without compensation.

Article 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 commercial court Antwerp (Antwerp division).

Article 14 TERMS FOR ONLINE SERVICES

OVERVIEW

This website is operated by Progress Group BV. Throughout the site, the terms “we,” “us,” and “our” refer to Progress Group BV registered under number 0533.902.846 (RPR Antwerp, Antwerp division).

Progress Group offers this website, including all information, tools, and services available on 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 (“Service Terms,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.

All new features or tools added to the current store are also subject to the Service Terms. You can review the most current version of the Service Terms at any time on this page. We reserve the right to update, change, or replace any part of these Service Terms 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 Service Terms, 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 at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and (a) involve 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

The prices of our products are subject to change without notice.

We reserve the right 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 any time 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 or cancel an order, we may attempt to notify you by contacting the email 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 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.

Please refer to our Return Policy for more information.

§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 – LINKS TO THIRD-PARTY WEBSITES

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 is 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 states or 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).