Article 1: application of general terms and conditions
All orders placed with us (even those placed verbally, by fax or by email) and all sales made by us are governed by the terms and conditions set out below.
By placing an order, the general terms and conditions are considered to be known and accepted by the customer.
Unless expressly agreed otherwise in writing, only these general terms and conditions are strictly applicable, notwithstanding all conflicting indications and conditions stated on documents of the customer.
Actual deviating behavior by us or patience, even repeated, does not mean that the customer can rely on this and therefore does not mean an acquired right on the part of the customer.
Article 2 : termination of the agreement by the customer
Any cancellation of an order by the customer must be made in writing and will only be possible with written acceptance by us.
In case of acceptance of the termination of the agreement, the customer owes a fixed non-reducible termination fee of 30% on the full price of the order (including VAT and any delivery costs).
Article 3 : delivery and transport
We reserve the right to decide how the goods will be shipped.
The shipping costs are always borne by the customer, unless expressly agreed otherwise in writing.
Any transport risk (including delay in delivery due to transport or customs clearance) is borne by the customer, even in the case of free delivery, unless expressly agreed otherwise in writing.
Any indication of delivery terms is purely informational, without a formal obligation of result.
Delays in delivery therefore in no way justify cancellation of the contract, a reduction of the price, a claim for compensation or a dissolution of the contract.
In the event of business failures, strikes, force majeure, coincidence and/or government measures, we are released from the obligation to deliver and/or perform. Business failures also include the failure of our suppliers for any reason.
In such situations, we have the choice between, on the one hand, the legal termination of the agreement without termination or compensation, and, on the other hand, the extension of the delivery period by a duration equal to that of the interruption. The choice regarding termination or extension of the term will be communicated by us by a simple message by fax, by e-mail or by letter.
Article 4: prices
The price used is the price indicated on the price list that the customer has received from us.
If a price increase should occur between the transfer of the price list and the time of the order, this will be communicated by us at the time of the order and we are then justified in passing on this price increase.
If a price increase should occur between the date of order and the date of delivery as a result of a change in exchange rate or a change in any tax or duty, this will always be passed on by us, without the right of the customer to request the dissolution of the agreement. questions.
Article 5: Complaints
The goods are delivered as stipulated on the price list, with the order or on the invoice.
The customer must immediately receive and check the goods.
Complaints about the (quality of the) delivered goods must be formulated within 24 hours after receipt of the goods. Any complaint formulated outside this period is inadmissible. All complaints must be sent by fax or e-mail and by registered mail.
Complaints regarding the spoilage of the goods will never be admissible, as we have no control over the storage conditions of the goods after delivery.
The processing of goods implies that the customer is deemed to have accepted the goods, even for hidden defects. Complaints for non-conformity after processing are not admissible.
Complaints found to be well-founded will lead to us replacing the non-conforming goods, without the customer being entitled to any compensation. Consequential damage and loss of profit must never be compensated by us.
Complaints about invoices must be formulated within eight days of the invoice being sent.
Article 6 : payments
The invoices must be paid within 30 days of the invoice date at our registered office, unless a different payment term has been expressly agreed.
In the event of non-payment or incomplete payment of one overdue invoice, all other invoices lose their benefit of term.
In the event of non-payment of (part of) an invoice, conventional default interest will be due by operation of law and without notice of default at a rate of 12% on the full invoice amount including VAT, always calculated from the invoice date, as well as a fixed compensation of 15% on the integral invoice amount including VAT, with a minimum of 50 €. In addition, we reserve the right to prove higher damages.
In the event of non-payment of an invoice, we reserve the right to stop or suspend further deliveries until the customer has fulfilled his or her payment obligations. Without this justifying the customer to request compensation or the dissolution of the agreement.
Article 7 : changes in the customer's condition
We reserve the right to consider the agreement dissolved by operation of law and without prior notice of default in the event of any change in the legal situation of the buyer (such as, for example, death, bankruptcy, apparent insolvency, incapacity, liquidation or dissolution of the company, concordat , deferred payment, etc.).
We reserve the right, on the other hand, to proceed to delivery of the ordered goods in such cases, but in that case the full price of the delivery and goods must be paid by the customer prior to delivery.
In such cases, any outstanding invoices must also be paid immediately.
Article 8 : appointees
Commitments made by our employees only bind us after written confirmation. Our appointees have no authority whatsoever to grant deferment of payment, nor to bind us in any way.
Article 9 : retention of title
The ownership of the merchandise remains with us, even if the customer has had it changed, and this until full payment of the invoices and the interest and/or increase clause that have meanwhile become due in accordance with these terms and conditions.
This retention of title entitles us to reclaim goods of all kinds, even in the hands of the customer, even if the customer is in bankruptcy or liquidation. Sold merchandise that has not yet been delivered to the bankrupt customer or to a third party on his behalf may be retained by us.
The costs associated with the return will be charged to the customer.
This is without prejudice to our right to compensation for loss of profit and additional administrative costs. This damage is estimated at a flat rate of at least 30% of the invoice value (including VAT and any delivery costs), without prejudice to our right to prove higher damage.
Despite this retention of title, the customer bears all risks of loss or destruction of the purchased merchandise.
Article 10 : applicable law and competent courts
In the event of a dispute, only the courts with territorial jurisdiction for the jurisdiction in which we have our registered office will have jurisdiction.
In case of dispute, only Belgian law is applicable.