General terms and conditions
TERMS & CONDITIONS
1. The present general terms and conditions are an integral part of the agreement between the supplier and customer. They can only be derogated from in writing. A written derogation from one or more provisions does not affect the other provisions, which will remain in full effect. By signing the order form or delivery note or by taking receipt of the invoice without any protest, the customer is considered to know and accept the general terms and conditions.
2. The person or legal person who places the order is considered to be the principal and/or buyer and will guarantee payment of the invoice, even when this invoice must be drawn up and sent to a third party.
3. Unless stipulated otherwise, the supplier’s offers are valid for 30 days. Any information mentioned in catalogues, ads or any information whatsoever from the supplier cannot be considered a binding offer, but only an invitation to contract.
4. If goods are delivered, they will remain the supplier’s property as long as the full price has not been paid. However, the risk related to these goods will pass to the customer immediately after their shipment from our premises.
5. The costs of delivery and collection or placement of goods will be entirely at the customer’s expense and are charged as a supplement. The information provided by the supplier, either in writing or orally, with regard to shipping costs, tolls and any other costs is merely informative and is by no means binding to the supplier. Orders from 125 euros, exclusive of VAT, are delivered free at destination in Belgium. For orders amounting to less than 125 euros, exclusive of VAT, 7.50 euros exclusive of VAT will be charged as delivery costs. Complaints about the delivered goods, services or invoices must be filed with the supplier within 7 (seven) days after their delivery, execution or receipt, by means of a registered letter with a detailed explanation. Afterwards, the goods, services and invoices will be considered accepted by the customer without reservations. Any claims, both contractual and extracontractual, against the supplier will lapse due to the mere expiry of a one-year period following the delivery or execution. In the event that the supplier is liable for damage, the compensation will be limited to the invoice amount. Any right to compensation will lapse if the customer did not immediately inform the supplier of the damage and did not take all the necessary steps to mitigate the damage.
6. In the event of force majeure, the supplier will be released from any obligation entered into. Among other things, force majeure is understood to mean: war, riots, unrest, quarantine, general or partial strikes, lock-out, fire, industrial accidents, machinery breakdown, lack of transportation means, frost, epidemics, earthquakes, floods, transportation or supply impediments and generally any other cause independent of the supplier’s will.
7. Unless agreed otherwise, the invoices must be paid cash at the supplier’s registered office. The supplier’s acceptance of any bills of exchange, cheques, promissory notes or other similar payments does not constitute debt novation and does not prejudice the present general terms and conditions. All payments will be used to pay the oldest debts, by allocating them first to the costs, interests and any compensations owed, and subsequently to the principal amount.
8. Orders for foreign customers will be sent only after payment of the pro forma invoice. Regardless of the purchase amount, transport costs will be charged depending on the size, weight and destination of the shipment. The supplier may instruct the customer at any time to organise the collection of his order himself. For non-EU customers, the transport, import duties and administration will always be at the customer’s expense.
9. Any invoices not paid on the expiry date will bear an interest for late payment of 12% per year, by operation of law and without a notice of default being required. In addition, in the event of non-payment on the expiry date, a lump-sum compensation will be owed by operation of law and without a notice of default being required, amounting to 10 % with a minimum of 50 euros, calculated on the basis of the invoice amount. Non-payment of invoices on their expiry dates, will make all invoices, even those that have not yet expired, immediately claimable without any further notice of default and will give the supplier the right to suspend any further fulfilment of his obligations. If the supplier fails to fulfil his obligations, the consumer (i.e. any natural or legal person who acquires or uses the products or services exclusively for non-professional purposes) will have the right to claim compensation or execution in a court of law, in accordance with common law.
10. Belgian law applies to all agreements with the supplier. In the event of disputes about an agreement with the supplier or his invoices, the courts of the legal district of Kortrijk or Antwerp will have exclusive jurisdiction to take cognisance thereof.