TERMS AND CONDITIONS – TWSM EUROPE BV 

Article 1 – General
This website is operated by TWSM Europe BV, Hof ter Schriecklaan 70, 2600 Antwerp, Belgium. In these Terms and Conditions, the terms “we”, “us” and “our” refer to TWSM Europe BV. By visiting this website and/or placing an order with us, you use our “Service” and agree to be bound by these Terms and Conditions, including all additional terms and policies referenced herein, including expressly the Return & Warranty Policy – BLSTRsander (TWSM Europe BV) (the “Return Policy”) and the Privacy Policy. These Terms apply to all users of the site, including visitors, vendors, customers, merchants and content contributors.

Article 2 – Conditions for Use of the Online Store
By agreeing to these Terms and Conditions, you confirm that you are of legal age in your country of residence, or that you have given us permission to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction while using the Service, including copyright and intellectual property laws. You must not transmit any worms, viruses or any code of a destructive nature. Any breach or violation of these Terms may result in immediate termination or suspension of the Service, without prejudice to our other legal rights and remedies.

Article 3 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law. You understand that your content (excluding payment information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) technical changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over secure 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 without our express prior written permission.

Article 4 – 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 purposes only and should not be relied upon as professional or legal advice. This site may contain historical information, which is not current and is provided for reference only.

Article 5 – Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify, suspend or discontinue the Service (or any part thereof) at any time. To the extent permitted by law, we shall not be liable for any modification, price change, suspension or discontinuance of the Service.

Article 6 – Products or Services
Certain products or services may be available exclusively online through the website and may be available in limited quantities. Returns and exchanges are governed exclusively by the Return & Warranty Policy – BLSTRsander (TWSM Europe BV), which forms an integral part of these Terms and Conditions and is deemed accepted upon placing an order. We have made every effort to display product images and colors as accurately as possible, but we cannot guarantee that your device’s display of any color will be accurate. We reserve the right to limit sales to any person, geographic region or jurisdiction, and to limit the quantities of any products or services we offer.

Article 7 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update such information as necessary.

Article 8 – Optional Tools
We may provide access to third-party tools which are provided “as is” and “as available”, without any warranties or endorsements. To the extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Article 9 – Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. We are not responsible for the content, accuracy or functionality of any third-party websites or materials. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Article 10 – User Comments, Feedback and Other Submissions
You agree that any submissions, including ideas, suggestions or other materials, may be used, reproduced, modified and published by us without restriction or compensation, to the extent permitted by law. We are not obliged to maintain any submissions in confidence, to pay compensation, or to respond to any submissions.

Article 11 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy and applicable data protection laws, including the GDPR.

Article 12 – Errors, Inaccuracies and Omissions
From time to time there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, to the extent permitted by law.

Article 13 – Prohibited Uses
You are prohibited from using the site or its content for any unlawful purpose, to violate any laws, to infringe intellectual property rights, to harass, abuse, insult, harm, defame, discriminate or to upload or transmit malicious software. We reserve the right to terminate or restrict your use of the Service for violating any prohibited uses, without prejudice to our legal rights.

Article 14 – Disclaimer of Warranties; Limitation of Liability (Consumer-Compliant)
To the extent permitted by applicable law, we do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. The Service and products are provided in accordance with applicable law. Nothing in these Terms excludes or limits mandatory statutory warranties or consumer rights. Any limitation of liability applies only to the extent permitted by mandatory law. To the extent permitted by law, we shall not be liable for indirect or consequential damages, including loss of profit, business interruption or loss of data.

Article 14A – Limitation of Liability for Resellers and Commercial Partners (B2B)
This provision applies exclusively to business customers (B2B), including resellers and commercial partners. Any party that resells BLSTRsander products or undertakes commercial activities in relation to our products does so at its own risk. To the extent permitted by law, TWSM Europe BV shall not be liable for damages or losses resulting from delayed deliveries by logistics partners, defective BLSTRsander machines or components, or any consequential damages, including costs for setting up or operating a webshop, insufficient sales, pricing issues or increased customer complaints. Any compensation for a defective unit shall be limited to the purchase value of the specific unit. No compensation shall be provided for indirect or consequential damages, to the extent permitted by law.

Article 14B – Force Majeure
TWSM Europe BV shall not be liable for any failure or delay in the performance of its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, pandemics, governmental actions, supply chain disruptions or internet outages.

Article 14C – Retention of Title
All delivered goods remain the property of TWSM Europe BV until full payment has been received. The risk of loss or damage passes to the buyer upon delivery, in accordance with applicable law.

Article 14D – Warranty Limitations
Unless expressly stated otherwise, no commercial warranties are provided regarding fitness for a particular purpose, durability or performance of the product. This does not affect mandatory statutory warranties or consumer rights.

Article 14E – GDPR and Data Responsibility (B2B)
Resellers and commercial partners are solely responsible for compliance with applicable data protection laws (including GDPR) when processing personal data of end customers. TWSM Europe BV accepts no liability for any breaches of data protection laws by third parties.

Article 14F – Precedence of Terms
In case of cooperation with third parties, these Terms and Conditions shall prevail over any other terms and conditions, unless otherwise agreed in writing.

Article 15 – Indemnification
You agree to indemnify and hold harmless TWSM Europe BV, its directors, employees and partners from any claims or demands made by any third party arising out of your breach of these Terms or applicable law, to the extent permitted by law.

Article 16 – Severability
If any provision of these Terms is held to be unlawful, void or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent within the limits of the law.

Article 17 – Termination
These Terms remain in effect unless and until terminated by either you or us. We may terminate or suspend access to the Service if you breach any provision of these Terms, without prejudice to our legal rights and remedies.

Article 18 – Entire Agreement
These Terms, together with all policies referenced herein (including the Return Policy and the Privacy Policy), constitute the entire agreement between you and us and supersede any prior agreements, communications or understandings.

Article 19 – Governing Law and Jurisdiction (Consumer-Compliant)
These Terms shall be governed by and construed in accordance with the laws of Belgium, without prejudice to mandatory consumer protection rules of the country of the Consumer’s habitual residence where applicable. Consumers may bring claims before the courts determined by mandatory consumer jurisdiction rules (including the courts of their place of residence, where applicable). For business customers (B2B), the courts of Ghent, Belgium shall have exclusive jurisdiction.

Article 20 – Changes to Terms and Conditions
The most current version of the Terms and Conditions is available on this page. We reserve the right to update or change these Terms by posting updates on the website. The version applicable to your purchase is the version in force at the time of your order.

Article 21 – Contact Information
Questions about these Terms and Conditions should be sent to: koen.TWSM@gmail.com

Article 22 – Consumer Rights & Return Policy Precedence
Nothing in these Terms and Conditions shall be interpreted as limiting or excluding any mandatory rights of consumers under applicable EU and UK consumer protection laws. The Return & Warranty Policy – BLSTRsander (TWSM Europe BV) forms an integral part of these Terms and Conditions and shall prevail in the event of any inconsistency with respect to returns, refunds, warranty and withdrawal rights.

Article 23 – Customs Duties, Taxes and Refusal of Delivery
For deliveries within the European Union, all applicable VAT and duties are included in the sales price as stated on the webshop, unless expressly indicated otherwise. For deliveries outside the European Union, local taxes, import duties or other charges are always borne by the customer. If a customer refuses delivery or fails to pay applicable import duties, taxes or other charges and the shipment is returned to TWSM Europe BV, the outbound and return shipping costs and any additional charges imposed by carriers or authorities may be deducted from the refunded amount, to the extent permitted by applicable law. Only the remaining balance of the purchase price will be refunded.

Article 24 – Language and Prevailing Version
In the event of any discrepancies, inconsistencies or differences in interpretation between the English version of these Terms and Conditions or other legal policies of TWSM Europe BV (including the Return & Warranty Policy and the Privacy Policy) and any translations thereof, the English version shall prevail and be legally binding, to the extent permitted by applicable mandatory consumer protection laws