Legal information
General terms and conditions of sale
Versie 20261002-v1
These general terms and conditions govern the sale of goods and the provision of services by Space-Grid, trading under the Space-heat brand. Consumers' mandatory statutory rights remain fully applicable and take precedence over any incompatible provision.
Company
Space-Grid, trading under the Space-heat brand
Lindestraat 19, 3404 Attenhoven, Belgium
Company and VAT number: BE0888.494.363
Email: info@space-heat.com
Telephone: +32 (0)456 83 20 22
1 Scope and definitions
These terms apply to offers, quotations, online orders and agreements entered into by Space-heat concerning, among other things, goods, heat pumps, accessories, advice, calculations, site visits, maintenance, commissioning and installation work.
A consumer is a natural person acting mainly for purposes outside their trade, business, craft or profession. A professional customer is any customer acting mainly for professional purposes.
Consumers always retain the protection of mandatory Belgian consumer law. Deviating provisions in a quotation or specific agreement take precedence over these general terms insofar as legally permitted.
2 Contract documents and acceptance
Depending on the transaction, the agreement consists of the accepted quotation or order confirmation, the technical documents referred to therein and these general terms and conditions. In the event of inconsistency, the specific provisions of the accepted quotation or order confirmation take precedence.
These terms are provided to the customer before or, at the latest, when the agreement is concluded, in a form that allows the customer to save and consult them. The version provided with the quotation or order applies.
By signing or approving a quotation online, the customer confirms that they had the opportunity to review the quotation and the attached or linked terms before acceptance and accepts them.
3 Information, offers and conclusion of the agreement
Space-heat describes the essential characteristics of goods and services as clearly as possible. Images, diagrams, simulations and technical examples are illustrative and may differ from the final implementation where this is technically justified or necessary, without prejudice to what was expressly agreed.
An online order becomes final only when Space-heat has confirmed it and, where immediate payment is required, payment has been confirmed through the ordering process.
A quotation constitutes an offer during the validity period stated on it. The agreement is concluded when the customer accepts it in time and without reservation, unless the quotation expressly states an additional condition.
Obvious clerical, calculation or system errors do not bind Space-heat where the customer could reasonably have understood that an error had occurred.
4 Advice, calculations and expected performance
Advice, selection tools, heat-loss calculations, energy scans and simulations are prepared on the basis of the information supplied by the customer and the information available at the time of the assessment.
The customer is responsible for the accuracy and completeness of the information supplied. If information later proves incorrect or incomplete, this may affect the advice, sizing, price, schedule or technical feasibility.
An online calculation or automated recommendation does not replace a site visit where the actual condition of the building or installation must be inspected on site.
Estimates of consumption, efficiency and savings are forecasts depending on factors including weather, energy prices, use, settings, the building envelope, the heat-emission system and occupant behaviour. They do not constitute a performance guarantee unless a specific result has expressly been guaranteed in writing.
5 Prices, VAT and additional costs
The applicable price is communicated before the agreement is concluded. Consumers are shown the total price including VAT and mandatory additional costs or, where the price cannot reasonably be calculated in advance, are clearly informed how it will be calculated.
Travel, delivery, return and other additional costs are communicated where applicable and to the extent that they can be determined in advance.
Where a reduced VAT rate is applied to renovation work, this is based on the customer's declarations and the applicable statutory conditions. If it subsequently appears that the reduced rate could not be applied because the customer supplied incorrect or incomplete information, the statutory difference may be charged insofar as permitted by law.
6 Payment and payment schedule
The payment method and due date are stated during the online order process, in the quotation or on the invoice.
Full advance payment may be required for online goods and services. For installation work based on a quotation, a 50 per cent advance payment applies after acceptance unless the quotation expressly provides for a different schedule. The advance payment is deducted in full from the final invoice. The outstanding balance is invoiced after performance or completion of the agreed work.
Ordering materials and final inclusion in the work schedule may be made conditional on receipt of the agreed advance payment, provided that this was clearly communicated in advance.
Payment must be made without deduction or set-off unless the law or a written agreement provides otherwise. A substantiated dispute concerning part of an invoice does not suspend payment of the undisputed part, insofar as legally permitted.
7 Late payment by consumers
If a consumer fails to pay on time, Space-heat first sends a free reminder on a durable medium. The consumer then has the legally required period of at least 14 calendar days in which to pay before any default interest or fixed compensation becomes payable.
If the consumer fails to pay within that period and all statutory conditions have been met, Space-heat may charge default interest not exceeding the statutory maximum referred to in Book XIX of the Belgian Code of Economic Law.
In addition, the following fixed compensation may be charged within the statutory limits:
• EUR 20 where the outstanding balance is less than or equal to EUR 150;
• EUR 30 plus 10 per cent of the amount in the bracket between EUR 150.01 and EUR 500 where the balance is between EUR 150.01 and EUR 500;
• EUR 65 plus 5 per cent of the amount in the bracket above EUR 500, capped at EUR 2,000, where the balance exceeds EUR 500.
No other amounts will be charged to a consumer except as permitted by law. The first reminder contains the information required by law and explains how the debt may be disputed or supporting documents requested.
8 Late payment by professional customers
If a professional customer fails to pay on time, the interest and fixed recovery compensation provided for by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions are payable automatically and without prior notice. Space-heat may also claim reasonable compensation for proven recovery costs exceeding the statutory fixed compensation, insofar as permitted by law.
9 Delivery of goods and retention of title
Unless otherwise stated, Space-heat delivers only within the areas and countries specified during the order process or in the quotation. The delivery method, delivery charges and expected period are communicated before ordering or in the quotation.
Delivery dates are indicative unless a binding deadline has expressly been agreed in writing. Space-heat informs the customer if an expected date changes materially.
For consumers, the risk of loss or damage passes in accordance with mandatory statutory rules, in principle when the consumer or a third party designated by the consumer takes physical possession of the goods.
Insofar as legally permitted, delivered goods remain the property of Space-heat until the customer has paid all amounts due for those goods and their delivery or installation. This retention of title does not affect consumers' mandatory rights and does not prevent normal installation or use in accordance with the agreement.
10 Scheduling and performance
For services requiring an appointment, the customer may state a preferred time. A preferred time becomes final only after confirmation by Space-heat.
A stated performance period is indicative unless a binding deadline has been agreed in writing. Scheduling may be affected by delivery times, weather, technical findings, third-party availability and site conditions. Space-heat informs the customer as soon as possible of any material change.
Space-heat may engage qualified employees, subcontractors and specialist third parties and remains responsible towards the customer in accordance with applicable law.
11 Customer obligations at the work site
Before work begins, the customer ensures that the work area and all necessary access routes are sufficiently clear, safe and accessible. The customer provides in good time all information relevant to safe and proper performance.
During the work, the customer makes sufficient water and electricity available free of charge at a safe and readily accessible location, unless otherwise agreed in writing.
The customer provides sufficient and safe parking for two large vans throughout the work, preferably within 25 metres of the entrance to the work area. Where a parking restriction, reservation, permit or other authorisation is required, the parties agree in writing beforehand who will apply for it and bear the cost.
If inadequate access, missing facilities or lack of parking prevents or delays performance, Space-heat informs the customer. Demonstrable waiting time and reasonable additional costs may, after prior notice, be charged as additional work where the cause is attributable to the customer.
The customer keeps children, pets and unauthorised persons outside the work area. The customer protects or removes vulnerable items and reports particular risks in advance.
12 Permits, approvals and third-party work
The customer is responsible for permits, notifications, consents from owners, co-owners, property managers or neighbours and other administrative requirements falling within the customer's responsibility, unless the quotation expressly states that Space-heat will handle a specific application.
The customer ensures that preparatory work by third parties is completed correctly and on time. Space-heat is not responsible for delays or defects arising solely from work or failures by third parties not appointed by Space-heat.
13 Installation work and site conditions
A quotation for installation work is based on the visible and disclosed condition of the building and existing installation at the time of assessment.
Before work starts, the customer discloses all known risks and special circumstances relevant to safe performance, such as asbestos-containing or potentially asbestos-containing materials, concealed pipes or cables, structural defects, moisture problems, restricted access or irregularities in electrical, hydraulic or other technical installations.
Space-heat may temporarily suspend work where continuing would reasonably be unsafe, technically unsound or unlawful. The parties will then discuss the necessary measures, effects on scheduling and any additional price.
14 Changes, additional work and unforeseen circumstances
Work and supplies not expressly included in the accepted quotation or order constitute additional work. Changes requested by the customer after conclusion of the agreement may affect price and timing.
Additional work is carried out only after the customer's prior written or electronic approval of its nature and, where it can be determined in advance, its price or calculation method. Confirmation by email, WhatsApp or through the customer portal constitutes written approval.
Where a fixed price cannot be determined, additional work is performed on a time-and-materials basis at EUR 65.00 excluding VAT per hour worked, plus materials used, travel and any third-party costs. Consumers are informed of the applicable amount including VAT before approving the additional work.
For additional work estimated at more than EUR 500 excluding VAT, Space-heat will in principle provide a separate price proposal or amended quotation. Smaller additional work also requires prior approval.
Where unforeseen circumstances are identified during performance, Space-heat informs the customer as soon as possible. Non-urgent additional work is carried out only after approval. Prior approval is not required for limited and reasonably necessary measures to prevent immediate danger or further damage where consultation cannot reasonably be awaited. Space-heat communicates the measures taken and their cost as soon as possible.
15 Completion and comments
After completion, the customer is given the opportunity to inspect the work and communicate visible comments. Commissioning, payment or signature of a completion document does not prevent the customer from subsequently reporting a latent defect or statutory warranty claim.
The customer reports any identified issue as soon as possible, with a sufficiently clear description and, where useful, photographs or other information. This enables Space-heat to investigate and, where Space-heat is responsible, propose an appropriate solution within a reasonable period.
A minor comment that does not prevent normal use does not automatically justify withholding the full outstanding amount. Mandatory rights, including a consumer's right to appropriate remedies, remain unaffected.
16 Consumer right of withdrawal
Where a consumer concludes a distance or off-premises contract and no statutory exception applies, the consumer in principle has 14 calendar days in which to withdraw without giving any reason.
For a service contract, that period normally begins on the date the agreement is concluded. For the sale of goods, it normally begins, in accordance with statutory rules, when the consumer or a third party designated by the consumer takes physical possession of the goods.
The consumer may exercise the right of withdrawal through the online withdrawal function on the website, by using the model form at the end of these terms or by making any other unequivocal statement, for example by email to info@space-heat.com. It is sufficient for the notice to be sent before the period expires.
Space-heat confirms without undue delay on a durable medium any withdrawal submitted through the online withdrawal function.
17 Effects of withdrawal for goods
Where a consumer validly withdraws from a sales contract, Space-heat refunds payments received in accordance with statutory time limits and procedures. The refund generally includes the cost of the least expensive standard delivery option offered for the original order.
Space-heat may withhold reimbursement until the goods have been received back or the consumer has supplied evidence of having sent them back, whichever occurs first, insofar as legally permitted.
The consumer returns goods for which withdrawal is available, in principle no later than 14 days after giving notice of withdrawal. Direct return costs are borne by the consumer where this was communicated before the agreement. For goods that cannot normally be returned by post because of their nature, information about the expected return cost is provided in advance where legally required.
The consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
18 Performance during the withdrawal period
For a service contract subject to the statutory right of withdrawal, Space-heat begins performance before expiry of the withdrawal period only at the consumer's express request.
If the consumer subsequently withdraws after performance began at their express request, the consumer may owe a proportionate amount for the part performed up to the time of withdrawal, provided the statutory information requirements were met.
Where a service has been fully performed during the withdrawal period, the right of withdrawal may lapse only if all statutory conditions have been met, including the consumer's prior express request and acknowledgement that the right will be lost after full performance.
The precise classification and consequences may differ where installation forms part of an agreement that also includes the supply of goods. Mandatory consumer rights remain fully applicable.
19 Exceptions to the right of withdrawal
The right of withdrawal does not apply where the law expressly provides an exception.
This may include goods made to the consumer's specifications or clearly personalised, and a fully performed service where all statutory conditions for loss of the right of withdrawal have been met.
The mere fact that Space-heat must specially order a standard product from a supplier does not in itself cause the statutory right of withdrawal to lapse.
Where a statutory exception applies to a specific order, the consumer is clearly informed before the agreement is concluded.
20 Cancellation outside the statutory right of withdrawal
After any applicable withdrawal period has expired, or where no statutory right of withdrawal exists, a customer may not unilaterally cancel an order, service or scheduled work free of charge unless the agreement, quotation or law permits it.
Where Space-heat agrees to a cancellation, services already performed and actual, reasonably unavoidable costs may be charged, taking account of costs saved as a result of cancellation. For consumers, this applies only insofar as legally permitted and transparently substantiated.
21 Statutory warranty and conformity
Consumers retain all statutory conformity rights. New consumer goods in Belgium are in principle covered by a two-year statutory conformity guarantee from delivery.
Where installation forms part of the sales contract, statutory conformity rules remain applicable insofar as provided by law. Any commercial or manufacturer's warranty is additional to, and does not restrict, the consumer's statutory rights.
An issue should be reported to Space-heat as soon as possible via info@space-heat.com, with sufficient information to assess it. Normal wear, maintenance, damage due to misuse, failure to follow operating or maintenance instructions, external causes or third-party intervention are not covered by a commercial warranty, without prejudice to mandatory statutory rights.
The customer gives Space-heat a reasonable opportunity to investigate a reported issue and, where Space-heat is responsible, to repair it or apply another legally appropriate remedy.
22 Maintenance, operation and external services
The customer operates and maintains the installation in accordance with the manuals, technical requirements and reasonable instructions provided. Maintenance or periodic inspections required for safe or proper operation are included only where expressly stated in the quotation or a separate agreement.
Functions dependent on internet access, electricity, external platforms, energy suppliers or manufacturer services may also depend on facilities beyond Space-heat's control. Space-heat is responsible for its own proper installation and configuration but does not guarantee uninterrupted availability of external services.
23 Liability
Space-heat is liable for proper performance of its contractual obligations in accordance with applicable law.
Nothing in these terms limits liability that cannot be excluded or limited under mandatory law, including liability for intentional misconduct or gross negligence where such limitation is prohibited, or consumers' statutory rights.
Space-heat is not liable for damage arising solely from incorrect or incomplete information supplied by the customer, defects in existing installations, undisclosed risks or acts of third parties not appointed by Space-heat, unless Space-heat knew or reasonably should have identified the risk and should have warned the customer.
For professional customers, Space-heat's liability may, insofar as legally permitted, be limited to directly foreseeable damage resulting from an attributable contractual breach. This limitation does not apply where prohibited by law.
24 Force majeure and unforeseeable impediments
Neither party is liable for delay or non-performance resulting from an event beyond its reasonable control that makes performance temporarily or permanently impossible, provided the statutory conditions for force majeure are met.
The affected party informs the other party as soon as reasonably possible. The parties seek a practical solution or revised schedule where possible. Where the impediment is prolonged or permanent, the consequences for the agreement are governed by applicable law.
25 Personal data
Space-heat processes personal data for quotations, orders, performance, invoicing, customer management, statutory obligations and communications in accordance with its privacy notice and applicable data protection law.
The latest privacy notice is available at www.space-heat.com. It does not alter the version of these general terms governing the agreement.
26 Complaints and out-of-court dispute resolution
Questions or complaints may be sent to info@space-heat.com or reported by telephone at +32 (0)456 83 20 22. Customers should preferably include the order, quotation or invoice number and a clear description of the issue.
A consumer who is unable to reach a solution with Space-heat may, insofar as that service has jurisdiction, contact the Belgian Consumer Mediation Service, North Gate II, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, via www.consumentenombudsdienst.be.
An out-of-court procedure does not restrict either party's right to bring a dispute before the competent court.
27 Professional customers
Provisions specifically referring to statutory consumer rights apply only to customers legally acting as consumers.
For professional customers, the arrangements in the quotation, order confirmation or separate agreement also apply. Mandatory rules specifically applicable to businesses remain fully applicable.
28 Governing law, severability and version
The agreement is governed by Belgian law, without depriving a consumer of the protection of mandatory provisions applicable under private international law.
Disputes are dealt with by the court having jurisdiction under the statutory rules. For professional customers, insofar as legally permitted, the courts of the judicial district in which Space-heat has its establishment have jurisdiction.
If a provision is found wholly or partly invalid or unenforceable, the remaining provisions continue to apply. The invalid provision will not be replaced or interpreted more broadly than legally permitted.
The version provided to the customer when the agreement was concluded applies to the order. Where applicable, Space-heat retains a record of the version and acceptance.
Annex Model withdrawal form
Complete and return this form only if you wish to withdraw from the agreement. You may also use any other unequivocal statement.
To:
Space-Grid, trading under the Space-heat brand
Lindestraat 19, 3404 Attenhoven, Belgium
Email: info@space-heat.com
I or we hereby give notice that I or we withdraw from my or our contract for the sale of the following goods or provision of the following service:
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Ordered on or agreement concluded on:
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Received on, where applicable:
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Name of consumer or consumers:
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Address of consumer or consumers:
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Signature of consumer or consumers, only if this form is submitted on paper:
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Date:
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