General Terms and Conditions

GENERAL TERMS AND CONDITIONS — BLUESKY POOLS Mela Service BV, operating under the commercial name Bluesky Pools Registered office: Bergensesteenweg 421/13, 1600 Sint-Pieters-Leeuw Enterprise and VAT number: BE 0778.240.205 Email: info@blueskypools.be — Phone: +32 472 98 70 00 Civil Liability Insurer: Baloise Version of January 1, 2026. These terms replace all previous versions. 1. Definitions 1.1. Bluesky Pools: Mela Service BV, with registered office at Bergensesteenweg 421/13, 1600 Sint-Pieters-Leeuw, registered in the Crossroads Bank for Enterprises under number 0778.240.205. 1.2. Customer: any natural or legal person who concludes an agreement with Bluesky Pools or accepts a quotation. 1.3. Consumer: the customer acting for purposes outside their trade, business, craft, or professional activity, within the meaning of Article I.1, 2° of the Code of Economic Law. 1.4. Agreement: any contract for the supply of goods, performance of works, or provision of services between Bluesky Pools and the customer. 2. Applicability 2.1. These general terms and conditions apply to all quotations, order confirmations, agreements, deliveries, works, and invoices of Bluesky Pools. 2.2. The customer acknowledges having received and accepted these conditions prior to or upon concluding the agreement. Acceptance is evidenced by signing the quotation, electronic acceptance, or payment of an advance or invoice. 2.3. Any general or purchasing conditions of the customer do not apply, unless Bluesky Pools has expressly accepted them in writing. 2.4. Deviations from these terms are only valid if agreed upon in writing in advance and apply solely to the contract concerned. 3. Quotations and Formation of Agreement 3.1. Quotations are valid for 30 calendar days from date of issue, unless stated otherwise. 3.2. The agreement is established upon written or electronic acceptance of the quotation by the customer, or upon commencement of performance with the customer's consent. 3.3. Quotations are based on data provided by the customer and on a normal, easily accessible site with normal soil conditions. If data proves incorrect or incomplete, Bluesky Pools may adjust the price and timeline pursuant to Article 13. 3.4. Plans, sketches, 3D visualisations, and technical studies are indicative, remain the property of Bluesky Pools, and may not be used, copied, or shared with third parties without written consent. 4. Prices and VAT 4.1. All prices are stated in Euros and exclusive of VAT, unless explicitly stated otherwise. 4.2. Swimming pool works do not qualify for reduced VAT rates. The standard 21% VAT rate applies, subject to mandatory tax provisions. 4.3. Costs not specified in the quotation are not included and will be charged separately under Article 13 (including soil disposal, rock excavation, dewatering, extra foundations, crane hours, or site waiting times). 5. Price Revision 5.1. For agreements where performance starts more than three months after the quotation date, Bluesky Pools may revise prices based on actual material and labor cost evolutions according to the formula P = p × (0.40 × s/S + 0.40 × i/I + 0.20). 5.2. For consumers: price revisions are based on objective, verifiable parameters and notified in writing. If the revision exceeds 10% of the original price, the consumer may terminate the agreement free of charge within 14 calendar days. 6. Right of Withdrawal (Consumers Only) 6.1. For contracts concluded off-premises or at a distance, consumers have 14 calendar days to withdraw without giving any reason and without costs. 6.2. The consumer exercises this right by an unambiguous statement sent by email, registered letter, or using the model withdrawal form attached to these conditions. 6.3. Bluesky Pools shall refund all payments received within 14 calendar days after receiving the notice of withdrawal. 6.4. If the consumer requests services to start during the withdrawal period and subsequently withdraws, they shall pay an amount proportional to what was performed. 6.5. Right of withdrawal does not apply to custom-made or personalized goods, or fully performed services with prior express consent. 6.6. For off-premises contracts, no payment is requested or accepted before the statutory waiting period expires. 7. Advance Payments and Payment Schedule 7.1. Unless agreed otherwise in writing, the following payment schedule applies: • 30% upon order (after statutory waiting period if applicable); • 40% upon commencement of excavation or pool basin delivery; • 25% upon waterproofing and technical installation; • 5% upon provisional handover. 7.2. Maintenance, repair, and service calls are invoiced upon execution. 8. Execution Timelines 8.1. Performance and delivery timelines are indicative unless expressly designated as binding. 8.2. For consumers: if no timeline is specified, works are carried out within a reasonable period and no later than 30 calendar days after contract conclusion. 8.3. Timelines are extended by any delay caused by the customer, unpaid invoices, missing permits, or force majeure under Article 9. 8.4. Adverse weather conditions (frost, persistent rain, storms) automatically suspend execution timelines for the duration of the weather event plus site setup time. 9. Force Majeure 9.1. Force majeure includes any unforeseeable and unavoidable circumstance beyond Bluesky Pools' control rendering performance reasonably impossible (natural disasters, fire, war, epidemics, material shortages, transport delays, cyberattacks, government measures, supplier strikes). 9.2. Force majeure suspends obligations. If it lasts longer than 3 months, either party may terminate without compensation, settling already performed works. 9.3. Price increases, staff shortages, or internal operational issues do not constitute force majeure (Articles 5 and 10 apply). 10. Changed Circumstances If post-contract circumstances change unpredictably making performance excessively burdensome, parties commit to renegotiate under Article 5.74 of the Civil Code. If no agreement is reached within 30 days, either party may apply to the competent court. 11. Customer Obligations 11.1. The customer provides free, safe, and sufficiently wide access to the site for trucks, cranes, and machinery, as well as a stable parking area. 11.2. The customer provides free water and electricity (230 V and 400 V if required) and a lockable storage room if available. 11.3. Prior to work commencement, the customer indicates in writing the location of all underground pipes, cables, wells, drainage, and utilities. Damage to unindicated or incorrectly marked lines is entirely borne by the customer. 11.4. The customer is responsible for the stability of surrounding structures, walls, and patios, and informs Bluesky Pools in advance of known soil or groundwater issues. 11.5. The customer arranges disposal or storage of excavated soil unless explicitly included in the quote. 11.6. The customer ensures compliance with pool safety regulations, including fences, covers, and supervision (especially regarding children). 12. Permits 12.1. The customer is responsible for obtaining all required permits (environmental or building permits) and complying with regional and municipal regulations. 12.2. Bluesky Pools is not liable for missing, refused, or revoked permits. Executed works and ordered materials remain due. 13. Additional Works and Modifications 13.1. Additional works or changes are agreed in writing in advance, detailing nature, price, and schedule impact. Email confirmation suffices. 13.2. For urgent works needed to prevent damage or downtime where prior written agreement is impossible, Bluesky Pools informs the customer immediately and confirms price in writing as soon as possible. 13.3. Additional works are invoiced separately and do not alter the Article 7 payment schedule. 14. Subcontracting Bluesky Pools may engage subcontractors for all or part of the performance without reducing its commitments to the customer. 15. Handover 15.1. Provisional Handover: Upon completion, Bluesky Pools invites the customer to a joint provisional inspection with a signed report. 15.2. If the customer fails to attend without valid reason or refuses to sign without motivated objections, provisional handover is deemed granted 15 calendar days after the second written invitation. 15.3. Commissioning the installation constitutes provisional handover, subject to written reservations made prior to or upon commissioning. 15.4. Provisional handover covers apparent defects and initiates Article 16 warranty periods. 15.5. Final Handover: Takes place one year after provisional handover and covers apparent defects manifested since then. 16. Warranty 16.1. Statutory Warranty for Consumers: 2-year statutory conformity warranty from delivery under Articles 1649bis et seq. of the former Civil Code. 16.2. Manufacturer Warranty: Commercial manufacturer warranty on supplied equipment applies in addition to statutory warranty. 16.3. Workmanship Warranty: 2-year warranty from provisional handover for manufacturing and installation defects in executed works. 16.4. Ten-Year Liability: Articles 1792 and 2270 of the former Civil Code remain fully applicable for serious structural defects. 16.5. Exclusions: Normal wear and tear, discoloration, misuse, lack of maintenance, frost damage to non-winterized installations, improper water chemistry, scale/corrosion, third-party repairs, and force majeure are excluded. 17. Water Quality and Maintenance 17.1. The customer is responsible for regular water testing (pH, free chlorine, alkalinity, hardness, stabilizer) and proper chemical usage according to instructions. 17.2. The customer must timely winterize the installation or contract Bluesky Pools to do so. Otherwise, frost damage is excluded from warranty. 17.3. Bluesky Pools hands over a maintenance manual at provisional handover. 18. Complaints 18.1. Apparent defects and non-conformities upon delivery must be reported in writing within 8 calendar days (2 months for consumers from discovery). 18.2. Hidden defects must be reported in writing within 2 months of discovery and within the warranty period. 18.3. Invoice disputes must be submitted in writing with reasoning within 8 calendar days of invoice date. 18.4. Bluesky Pools must be given the opportunity to inspect reported defects on site prior to third-party repairs. 18.5. Complaints do not suspend payment obligations except for the disputed portion. 19. Payment 19.1. Invoices are payable by the due date on the indicated bank account without discount. 19.2. Consumers: In case of non-payment by due date, a free reminder is sent. Late interest and fixed compensation become due after a 14 calendar day grace period (interest rate equal to reference rate + 8%, plus fixed compensation between €20 and €2,000 depending on balance). 19.3. Business Customers: Late payment incurs interest at the commercial legal rate plus 10% fixed compensation (min €150) automatically without prior notice. 19.4. Reciprocity: Reciprocal interest and compensation apply if Bluesky Pools fails to refund amounts due to the customer on time. 19.5. Overdue invoices render all other invoices immediately payable and allow suspension of ongoing works. 20. Termination 20.1. In case of serious breach, either party may terminate the contract after written formal notice remaining without effect for 15 calendar days. 20.2. Termination occurs via registered mail under Article 5.93 of the Civil Code. 21. Cancellation 21.1. If the customer cancels without Bluesky Pools' fault outside Article 6, a fixed compensation of 20% of the cancelled amount is due, plus costs of performed works and non-cancellable custom orders. 21.2. Reciprocity: If Bluesky Pools cancels without customer breach, an equivalent 20% fixed fee is payable to the customer plus refund of advances. 21.3. Both parties reserve the right to prove and claim higher actual damages. 22. Retention of Title and Risk Transfer 22.1. Delivered goods remain property of Mela Service BV until full payment of principal, fees, interest, and costs. 22.2. Risk of loss or damage transfers upon delivery to site (or upon physical possession for consumers). 22.3. Until full payment, goods may not be alienated, pledged, or encumbered. 23. Liability 23.1. Bluesky Pools is liable for direct damages resulting from proven contractual or extra-contractual fault. 23.2. Liability per claim is capped at the contract amount and limited to actual payouts by its liability insurer (except gross negligence/intent or personal injury). 23.3. Indirect and consequential damages (loss of profit, loss of use, water loss, elevated energy costs) are excluded to the extent permitted by law. 24. Insurance Bluesky Pools holds civil liability operational and post-delivery insurance with Baloise. Insurance certificate available upon request. 25. Personal Data Processing 25.1. Personal data is processed for contract execution, invoicing, customer service, and legal compliance in accordance with GDPR. 25.2. Data is shared only with involved subcontractors, suppliers, and legal authorities. 25.3. Customers have rights of access, correction, erasure, restriction, and portability via info@blueskypools.be. 26. Severability If any provision is invalid or unenforceable, remaining provisions remain in full force. 27. Language These conditions exist in Dutch and French. The Dutch version prevails in case of conflict, subject to mandatory consumer protection laws. 28. Applicable Law and Jurisdiction 28.1. All agreements are exclusively governed by Belgian law. 28.2. Amicable settlement is sought prior to legal proceedings. 28.3. Consumers may submit disputes free of charge to Consumer Mediation Service (www.consumentenombudsdienst.be) or EU ODR platform. 28.4. For non-consumers, the Dutch-speaking courts of the judicial district of Brussels have exclusive jurisdiction. Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract.) To Mela Service BV — Bluesky Pools, Bergensesteenweg 421/13, 1600 Sint-Pieters-Leeuw, info@blueskypools.be I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods / supply of the following service (*): ................................................................................................................. Ordered on (*) / Received on (*): ............................................... Name of consumer(s): ............................................... Address of consumer(s): ............................................... Signature (only if notified on paper): ............................................... Date: ............................................... (*) Delete as appropriate.