1. Seller and scope
Progress Group BV, trading as Progress Group Safety, Smallandlaan 29B, 2660 Antwerpen, Belgium; enterprise number 0533.902.846; VAT BE0533902846; register of legal entities RPR Antwerpen, Antwerp division. Contact: contact@progressgroup.be, +32 3 334 11 14.
These terms apply to sales of products by Progress Group BV, trading as Progress Group Safety, through progressgroup.shop, in our showroom and under individual quotations and orders, including orders placed by email or telephone. A consumer is a natural person acting outside their trade, business, craft or profession. Provisions marked “B2B” apply exclusively to business purchases. Anyone ordering as a business customer declares that they are purchasing for professional purposes and are authorised to bind the business.
We make these terms available to read and save before the contract is concluded. Individually agreed arrangements take precedence. B2B: we accept the customer’s purchasing terms only to the extent that we expressly agree to them in writing.
2. Quotations and orders
The customer is responsible for correct order details, delivery address, product selection, sizes, quantities and specifications. An approved B2B account does not entitle the customer to trade credit or continuing discounts.
Our webshop and quotations are invitations to order, unless we expressly identify a quotation as binding. A binding quotation states its validity period and is accepted in accordance with its terms.
The order acceptance rules below do not apply to quotations expressly identified as binding. Such a quotation is accepted in accordance with the conditions set out in it.
An order placed through the webshop or other than as a direct purchase in the showroom is a purchase proposal that we review. The contract is concluded by our express confirmation that we accept the order. An acknowledgement of receipt only confirms that we have received your order. We accept the order through a confirmation that expressly states that Progress Group accepts it for fulfilment. A payment confirmation or actions that only prepare for fulfilment do not, by themselves, constitute acceptance of the order. If no contract is concluded, we promptly refund any amounts received. The acceptance confirmation states the agreed goods, price and delivery or collection arrangements.
For a direct sale in the showroom, the contract is concluded when the customer and Progress Group agree on the purchase of specified products at the agreed price. A separate email confirmation is not required. This also applies to purchases with agreed later delivery or collection.
Whether a contract is concluded at a distance depends on the entire process by which it is concluded, not merely on the use of email or telephone.
3. Prices and payment
Consumer prices include the applicable VAT. Business prices excluding VAT are clearly identified. The total price, delivery charges and other agreed costs are disclosed before an order carrying an obligation to pay is placed. Discounts cannot be combined unless otherwise stated or agreed.
Full advance payment is required before dispatch and, for personalisation, before production, unless otherwise agreed beforehand. If the required payment or design approval is missing, we may suspend the affected performance after giving notice.
For a direct purchase in the showroom, payment is due at the time of purchase, before the products are handed over, unless we have expressly agreed otherwise.
B2B: payment on credit requires our express consent. Where granted, payment is due within 14 calendar days of receipt of the invoice unless otherwise lawfully agreed. In the event of late payment, subject to the Act of 2 August 2002, statutory late payment interest, a fixed recovery charge of EUR 40 and reasonable recovery costs exceeding that amount are payable automatically, without double recovery. The undisputed part of the invoice must be paid by the agreed due date. If the customer fails to pay on time, we may, after giving prior notice, suspend the unfulfilled part of the order to which the overdue payment relates. The extent of the suspension must be proportionate to the overdue payment. We may require advance payment for new orders.
4. Personalisation and design rights
The customer supplies suitable files and correct text, logos, sizes and quantities. We start personalisation after express approval of the design and receipt of the required advance payment, unless different payment terms have been agreed beforehand. Before approval, the customer checks visible spelling, names, logos, colours, placement, dimensions, sizes, quantities and other specifications. We produce according to the approved design. The customer bears the cost of correcting customer errors that remain in the approved design. This does not apply to errors made by Progress Group when producing the approved design.
Changes after approval require our agreement on feasibility, price and timing. Production already started may no longer be adjustable. Specific colour requirements, permitted deviations from the agreed specifications and any sample are agreed beforehand. Late receipt of necessary information, design approval or the required payment may delay fulfilment. Any extension is limited to the additional time reasonably needed to fulfil the order as a direct result of that delay. We may refuse personalisation where, in our reasonable assessment, it is incompatible with mandatory safety requirements or relevant manufacturer instructions.
The customer warrants that they may lawfully authorise use of the supplied materials and permits their use to fulfil the order. B2B: the customer indemnifies Progress Group against justified third-party claims and reasonable defence costs arising from a breach of this obligation attributable to the customer.
Rights in our original designs and production files remain with the rights holder. Payment for goods or personalisation does not transfer rights in editable source files. A separate licence or transfer requires a written agreement.
5. Delivery, collection and retention of title
Available delivery countries, methods, charges and delivery times are stated at checkout or in the individual quotation. We may fulfil an order in several deliveries. We will not charge additional costs for this without prior agreement with the customer. Splitting the delivery must not unreasonably hinder the use of the ordered products. We may arrange dispatch of all or part of an order directly from a supplier’s or manufacturer’s warehouse. Progress Group remains your seller.
The agreed delivery time applies. Unless otherwise agreed, we deliver to consumers within 30 days of concluding the contract. If delivery fails, their statutory rights to an additional delivery period, termination and reimbursement apply; no additional period is required where the law so provides.
The customer provides a correct address and enables receipt. Reasonable redelivery costs arising solely from an error attributable to the customer are disclosed and agreed before redelivery. Failure to collect does not in itself constitute withdrawal.
If collection from the showroom has been agreed, the customer must collect the products at the agreed time after we have notified them that the products are ready. If no time has been agreed, collection must take place within 14 calendar days after that notification. Failure to collect does not in itself constitute withdrawal or cancellation of the order. B2B: if an additional reasonable collection period expires without collection, we may charge the actual, reasonable and necessary storage costs resulting from a delay for which the customer is responsible, provided that we warned the customer of those costs in advance.
For consumers, the risk of loss or damage to the goods passes when the consumer or their designated person, other than the carrier, receives the goods. If the consumer independently engages a carrier we did not offer, the risk passes when the goods are handed to that carrier. The consumer’s rights against the carrier remain unaffected. B2B: the risk of loss or damage to the goods passes upon delivery to the agreed address, or upon collection by the customer or their independently appointed carrier, unless a different allocation of risk has been expressly agreed beforehand.
B2B: goods remain the property of Progress Group until their price has been paid in full. Until then, the customer must store them carefully, create no security interests over them for third parties and promptly report any seizure or third-party claims. In the event of non-payment, we may require their return in accordance with applicable law.
6. Withdrawal, returns and cancellation
A consumer may withdraw from a distance contract within 14 calendar days, starting on the day after receiving the goods. For separate deliveries of one order, the period starts on the day after receipt of the last item; for goods delivered in parts, after receipt of the last part. They bear the direct return costs. Statutory exceptions apply to non-prefabricated goods made to the customer’s individual choice or specifications and to clearly personalised goods. They also apply to sealed goods unsuitable for return for health protection or hygiene reasons if the seal has been broken after delivery. Section 5 of the returns policy gives the details. A standard size or colour does not in itself constitute personalisation. The full withdrawal conditions, returns policy and withdrawal form are clearly available on progressgroup.shop before the contract is concluded.
A consumer who concluded the contract entirely in our showroom has no statutory right of withdrawal for a change of mind. A voluntary return, exchange or cancellation of that purchase is possible only with Progress Group’s individual consent and on the conditions it specifies. Statutory rights relating to defects or non-performance remain unaffected. Collection from the showroom does not remove a consumer’s statutory right of withdrawal from a distance contract; the rules and exceptions set out above and in the returns policy continue to apply.
B2B: there is no right to return or exchange a correctly fulfilled order because of a change of mind. Any exception requires our prior individual written consent and is subject to the conditions agreed in it. An exception does not create any entitlement to future returns.
After acceptance, a business customer may not unilaterally change or cancel an order because of a change of mind. Progress Group may agree on individually negotiated financial terms. Without agreement, the contract remains binding. The same applies to voluntary cancellation of a consumer order that is legally excluded from withdrawal. Statutory rights arising from defects or non-performance remain unaffected.
7. Complaints and legal guarantee
Send complaints to contact@progressgroup.be or the address in section 1, including your order details, a description and photographs if possible. Retain the product and make it reasonably available for examination.
Normal wear consistent with the product and its conditions of use is not a defect. Damage caused by incorrect use, incorrect washing, incorrect maintenance or modifications made by the customer is not a defect for which we are liable. The cause of the damage and the agreed product characteristics are decisive.
Consumers benefit from the statutory conformity guarantee for new goods, generally for two years from delivery, with mandatory suspensions and extensions and any more extensive mandatory protection. Report a defect within two months of discovering it, unless a longer mandatory period applies. Subject to the statutory conditions, the consumer is entitled to free repair or replacement and, in the prescribed cases, a price reduction or termination. Progress Group bears the necessary costs.
B2B: check quantities, product codes and visible damage immediately after delivery, before use or further personalisation. Report visible discrepancies within 8 working days of delivery and hidden defects without undue delay after discovery. Allow us to investigate and give us a reasonable opportunity to remedy the issue. For B2B purchases, the applicable rules on hidden defects and any expressly agreed warranties apply. The description of statutory consumer protection in these terms does not grant business customers a commercial warranty of the same scope.
8. Protective equipment and safe use
Follow the product’s instructions, markings and limitations. The professional customer is responsible for workplace risk assessment, selecting and fitting suitable protective equipment, its mutual compatibility, user instruction and training, checks before use, maintenance, storage in accordance with the instructions and timely replacement. An ordinary product sale does not include an individual risk assessment or safety audit unless that service has been expressly agreed.
Contact us for a safe procedure before returning contaminated or potentially hazardous products. Stop unsafe use and follow applicable recall instructions. These provisions do not affect our statutory product safety and conformity obligations.
9. Liability and force majeure
B2B only: to the extent permitted by law, Progress Group’s total liability for damages arising from or relating to an order, irrespective of the legal basis, is limited to the net price of that order. Within the same scope, indirect loss, loss of profit, loss of contracts, production losses and business interruption are excluded.
These limitations do not apply to intentional misconduct or gross negligence by Progress Group or persons for whom we are responsible, harm to physical or psychological integrity, mandatory product liability or other liability that cannot legally be limited. In the event of non-performance of an essential obligation, these limitations apply only insofar as they do not deprive the contract of its essential substance. Claims for delivery, repair, replacement, a price reduction or reimbursement that is due remain unaffected.
B2B only: within the limits of Article 6.3 of the Belgian Civil Code, the customer excludes non-contractual claims for damages against Progress Group and its auxiliaries for non-performance of this contract. Auxiliaries, including employees, directors and subcontractors, may invoke this clause as its beneficiaries. Contractual claims against Progress Group remain possible. This clause does not apply to harm to physical or psychological integrity, fault committed with the intention of causing harm, mandatory product liability or other claims that cannot legally be excluded.
Where force majeure within its legal meaning prevents our performance, we may suspend the affected obligations for the duration of the impediment. If performance becomes permanently impossible, the statutory consequences apply, including reimbursement for unperformed obligations.
10. Governing law and disputes
Belgian law applies. Consumers retain the mandatory protection of their country of residence where required by private international law, and access to the court having jurisdiction under applicable law.
B2B: the courts with subject-matter jurisdiction in Antwerp, Antwerp division, have exclusive jurisdiction, subject to mandatory jurisdiction rules. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Orders, emails, order acceptances, design approvals and electronic records may serve as evidence in accordance with the law. The order is governed by the version of these terms in the language supplied to the customer before conclusion of the contract and accepted when it was concluded.
For an amicable solution, you may first report a dispute using our contact details. A consumer may then refer the matter to the Belgian Consumer Mediation Service, subject to the applicable conditions.