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General Terms and Conditions

 

1. Introduction

1.1 These general terms and conditions (hereinafter: "Terms"), together with the documents expressly referred to herein, determine the contractual relationship between you and us regarding the purchase of products ("Goods") via our webshop.

1.2 Please read these Terms carefully before placing an order. By placing an order, you confirm that you have read, understood, and accepted these Terms, and acknowledge that you are a business customer.

1.3 We recommend that you save or print these Terms for future reference. The Terms may be amended from time to time. The version applicable to your order is the version in force at the time of your order.

1.4 All communication between parties will be in English.

2. About Us

2.1 The webshop “Atlas Copco Web Shop” is operated by Atlas Copco Ltd., a company incorporated under the laws of England and Wales, registered under company number 159809, with its registered office at Technology House, Maylands Avenue, Hemel Hempstead HP2 7DF, Hertfordshire, United Kingdom. Our VAT number is GB207546371.

2.2 In these Terms, the terms “we”, “us”, and “our” refer to Atlas Copco Ltd. The terms “you” and “your” refer to you as a business customer who registers and makes purchases via our webshop.

2.3 You can find our contact details on the Contact page of our website.

3. Use of Our Website

3.1 Your use of our website is subject to the Website Terms of Use, which are available at the bottom of each page of the website. We recommend that you read these terms carefully as they contain provisions that apply to you.

3.2 We process your personal data only in accordance with our Privacy Policy

Privacybeleid - Atlas Copco België

Please read this policy carefully for more information on how we collect, use, and protect your data.

4. Formation of the Contract

4.1 These Terms exclusively apply to any agreement between you and us. Other terms, including your own general or special terms, are expressly excluded unless we explicitly and in writing accept them.

4.2 The ordering procedure is clearly explained on the product pages of our website. During the ordering process, you will have the opportunity to review and correct your order.

4.3 You are responsible for carefully checking your order before confirming it. By clicking “Order”, you make a binding offer to purchase the selected Goods.

4.4 After receiving your order, we will send you a confirmation email. This confirmation does not imply acceptance of your order.

4.5 The agreement is only concluded when we send you an Order Confirmation. This confirmation is subject to the availability of the Goods and approval of the order by an authorized representative of Atlas Copco Belgium NV.

4.6 Only the Goods explicitly mentioned in the Order Confirmation are part of the agreement. Any other statements or commitments, oral or written, are not binding unless explicitly included in the Order Confirmation.

4.7 Upon shipment of the Goods, you will receive a shipping confirmation and a VAT-compliant invoice.

4.8 If we are unable to deliver a product (e.g., due to stock shortage, discontinuation of the product, or a pricing error as mentioned in article 7.3), we will inform you as soon as possible. If you have already paid, the full amount will be refunded.

5. Specifications


5.1 All images, drawings, descriptions, weights, dimensions, and other technical data provided by us are indicative and not binding unless explicitly stated otherwise. Information in catalogs, price lists, or advertisements is for illustration purposes only. Upon written request, we can provide certified technical drawings after the agreement is concluded.

5.2 The images of the Goods on our website are for illustration purposes only. While we make reasonable efforts to display colors and details accurately, we cannot guarantee that the display on your screen fully matches reality. The delivered Goods may slightly differ from the displayed images.

5.3 All Goods on our website are offered subject to availability, as specified in article 4.8.

5.4 As a professional customer, you are responsible for assessing whether the specifications, performance, and capacity of the Goods are suitable for your intended use.

5.5 We are not obliged to make changes to the Goods after the Order Confirmation unless we explicitly and in writing agree to do so. Any modifications may incur additional costs.

6. Tests

6.1 Before shipment, the Goods are subjected to a visual inspection and, where applicable, standard factory tests. Additional or specific tests can only be performed upon prior written agreement and against payment.

7. Prices

7.1 Unless explicitly stated otherwise, all prices are exclusive of VAT, shipping, and packaging costs.

7.2 We reserve the right to change our prices at any time. Unless otherwise agreed, the price applicable is the price in effect on the date of shipment of the Goods.

7.3 Despite our diligence, errors may occur in the price listing on our website. If we discover an error in the price of the Goods you ordered, we will inform you. You will then have the option to confirm the order at the correct price or cancel it. If we do not receive a response within five (5) working days, the order will be considered canceled. In that case, we will notify you in writing. We are not obliged to deliver Goods at an incorrect price if this error was clear and reasonably recognizable to you as a professional customer.

8. Payment

8.1 Payment is made at the time of ordering via the chosen payment method. This does not imply acceptance of your order by us.

8.2 If we do not accept your order or cannot deliver the Goods, the amount paid will be fully refunded via the same payment method.

9. Delivery

9.1 Deliveries are possible to most addresses in Belgium. If you are unsure whether delivery to your location is possible, please contact us in advance. We strive to deliver the Goods within the timeframe specified in the Order Confirmation or as otherwise agreed in writing. These delivery times are indicative and not binding. Delay in delivery does not entitle you to cancel the order unless we explicitly and in writing agree to do so. We are not liable for third-party costs or consequential damages if a delivery is delayed or not checked upon receipt.

9.2 Deliveries do not take place on Belgian public holidays or Sundays.

9.3 If delivery takes place at an agreed time and location, but no one is present to receive the Goods, we reserve the right to deliver the Goods at the specified address. In that case, we are not liable for loss or damage resulting from this.


9.4 If you fail to provide correct delivery instructions or refuse delivery without valid reason, you are liable for all additional costs, including storage, extra transport, or administration. These costs are immediately due. This does not affect your obligation to pay for the Goods and our right to compensation for breach of contract.

10. Damaged Goods


10.1 We ask you to check the Goods immediately upon delivery. Any visible damage must be noted on the delivery document. If the damage is severe or products are missing, we ask you to refuse the delivery and contact us within 24 hours by phone or email. Please include photos of the damage if possible.

10.2 We are only liable for loss or damage during transport if:
- 10.2.1 it concerns a complete shipment that was not delivered, and you notify us in writing within 14 days of the invoice date or shipping note;
- 10.2.2 it concerns other damage or loss, and you notify us in writing within 7 days of receipt of the Goods.

10.3 Subject to article 10.2, our liability for transport damage is limited to replacing the damaged or lost Goods. Further liability is governed by the provisions in articles 11 and 13.

11. Acceptance

11.1 You can only refuse the Goods if all of the following conditions are met:
- 11.1.1 You notify us in writing within 24 hours of delivery that the Goods have a defect;
- 11.1.2 You grant us access to the Goods, and we fail to remedy the defect within 14 days of your notification, unless a longer period is agreed in writing;
- 11.1.3 The defect has a significant impact on the performance of the Goods; and
- 11.1.4 The defect falls under the warranty as specified in article 13.

11.2 If you lawfully refuse the Goods, our liability is limited to refunding the amounts paid for the Goods.

12. Ownership and Risk


12.1 Ownership of the Goods remains with us until full payment of all amounts due, regardless of their origin.

12.2 This retention of title does not prevent you from processing or reselling the Goods, provided that:
- 12.2.1 You hold the proceeds or the right to receive them on our behalf;
- 12.2.2 You deposit the proceeds in a separate account that can be identified as our economic property;
- 12.2.3 You transfer the proceeds to us upon our request.


12.3 In case of seizure, bankruptcy, judicial reorganization, or liquidation, we reserve the right to access the location where the Goods are located and reclaim them, including Goods processed into other products.

12.4 The risk of loss or damage to the Goods transfers to you upon delivery.

13. Limitation of Liability


13.1 These provisions apply to the extent permitted by law and do not affect your mandatory rights as a business.

13.2 Subject to articles 10 and 11, we will, at our discretion, refund, repair, or replace Goods with material or manufacturing defects, provided that:
- 13.2.1 The defect manifests within 12 months of delivery;
- 13.2.2 You notify us in writing within 24 hours of discovering the defect;
- 13.2.3 The defect is not due to misuse, incorrect storage, negligence, external damage, or normal wear and tear;
- 13.2.4 The Goods have not been repaired or modified without our consent;
- 13.2.5 You grant us access to the Goods or return them to us upon request.

13.3 We are not liable for oral or written advice unless explicitly confirmed in the Order Confirmation.

13.4 Except as provided in this article, all explicit or implicit warranties or conditions relating to the quality of the Goods, their fitness for a particular purpose, or their design, manufacture, materials, components, specification and performance are excluded. We are not liable for indirect damages, consequential damages, loss of profits, production loss, loss of contracts, or any other economic, indirect or consequential damages.

13.5 Nothing in these Terms excludes our liability for:
- 13.5.1 Death or personal injury caused by our negligence;
- 13.5.2 Fraud or fraudulent misrepresentation;
- 13.5.3 Any other liability that cannot be excluded by law.

13.6 To the extent permitted, all other implied warranties or conditions are excluded.

14. Returns

14.1 We hope you are satisfied with your purchase. If not, you can return the Goods within 30 days of receipt, provided that:
- You have the proof of purchase (the Order Confirmation);
- The Goods are in their original condition and packaging;
- You have obtained our prior written consent.

14.2 Returns of non-defective Goods are only accepted with prior approval. In that case, administration fees may be charged. Return costs are always borne by the customer. Goods must be returned to the address specified in article 2.1.

15. Dispute Resolution

15.1 Any dispute arising from or related to this agreement will initially be settled through amicable negotiation between the parties.

15.2 If no amicable solution is reached within 30 days of written notification of the dispute, the dispute will be finally settled by arbitration in accordance with the Arbitration Rules of CEPANI (the Belgian Centre for Arbitration and Mediation), by one arbitrator appointed in accordance with those rules.

15.3 The place of arbitration is Brussels, Belgium. The language of the procedure is English. The applicable law is Belgian law.

16. Force Majeure

16.1 Neither party is liable for failure or delay in fulfilling its contractual obligations due to force majeure, including but not limited to natural disasters, war, strikes, pandemics, government measures, transport disruptions, or other circumstances beyond the reasonable control of the affected party.

16.2 The affected party shall notify the other party of the force majeure situation as soon as possible.

16.3 If the force majeure lasts longer than three (3) months, either party has the right to terminate the agreement in whole or in part without any compensation.

 

17. Applicable Law and Jurisdiction

17.1 This agreement is exclusively governed by Belgian law, excluding the Vienna Convention (CISG).

17.2 In deviation from article 15, and subject to arbitration, only the courts of Brussels, Dutch-speaking division, have jurisdiction in case of disputes.

 

18. Compliance with Trade Rules

18.1 Our offers are non-binding and only become binding after written acceptance of your order by us.

18.2 By placing an order, you declare that the Goods will not be used for purposes related to chemical, biological, or nuclear weapons, missiles, or other prohibited uses under applicable law.

18.3 You also declare that the Goods will not be directly or indirectly sold or transferred to countries or regions subject to embargoes or sanctions, including Iran, North Korea, Syria, Russia, Belarus, Crimea, or other disputed areas.

18.4 You undertake to comply with all applicable national and international export, customs, and sanctions laws (“Foreign Trade Obligations”).

18.5 In case of breach of these provisions, you shall notify us immediately in writing. We reserve the right to suspend or terminate the agreement without any liability if compliance with the Foreign Trade Obligations is hindered.

18.6 You indemnify us for all direct and indirect damages resulting from a breach of these provisions.

 

Website Terms of Use

 

1.         Introduction

 

1.1 This website is operated by Atlas Copco Ltd., a company incorporated under the laws of England and Wales with company number 159809, having its registered office at Technology House, Maylands Avenue, Hemel Hempstead HP2 7DF, United Kingdom. Our VAT number is GB207546371.

1.2 These terms of use apply to all use of this website. We also recommend that you read our Privacy Policy and Cookie Policy, which explain how we collect and process your personal data.

1.3 By using this website, you agree to these terms of use and undertake to comply with them. If you do not agree, please do not use this website.

1.4 We reserve the right to amend these terms at any time. The amended terms take effect upon publication on this page. We recommend checking this page regularly.

1.5 If you order products via this website, our General Terms and Conditions of Sale apply.

 

2.         Account and User Data

 

2.1 Only registered business customers may create a user account. By registering, you confirm that you are acting in the course of your professional activity.

2.2 You are responsible for keeping your login credentials (such as username and password) confidential and for all activities carried out through your account. We are not liable for any loss or damage resulting from unauthorized use of your account.

2.3 If you suspect that your account credentials have been compromised, you must notify us immediately.

2.4 We reserve the right to suspend or disable your account or access to the website if you breach these terms.

 

3.         Liability

 

3.1 The information on this website is provided “as is” and for informational purposes only. While we make reasonable efforts to keep the content up to date and accurate, we make no guarantees as to its completeness, accuracy, or suitability.

3.2 We are not liable for any direct or indirect damages, including but not limited to loss of profits, data loss, reputational damage, or business interruption or any other type of indirect, special or consequential damage resulting from the use of this website.

3.3 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

 

4.         Intellectual Property

 

4.1 All content on this website (including text, images, logos, software, and layout) is protected by intellectual property rights and belongs to us or our licensors.

4.2 You may download or print parts of the website for personal or administrative use, provided you do not modify the content and retain the source reference. Any commercial use without our prior written consent is prohibited.

4.3 Trademarks and logos on this website are the property of their respective owners. Unauthorized use may infringe their rights.

 

5.         Security and Viruses

 

5.1 We do not guarantee the security or error-free operation of the website. You are responsible for protecting your systems against viruses or other harmful software.

5.2 We are not liable for any damage to your equipment or data resulting from the use of this website.

 

6.         Links to Third Parties

 

6.1 This website may contain links to third-party websites. These links are provided for your convenience only.

6.2 We have no control over the content of these external websites and accept no liability for any damage resulting from their use.

 

7.         Applicable Law and Jurisdiction

 

7.1 This website is intended for users located in Belgium. Any use of the website is subject to Belgian law.

7.2 The release, publication or distribution of the information on this website in jurisdictions outside Belgium may be restricted by laws applicable in those other jurisdictions.