All quotations are without commitment unless expressly indicated otherwise on the quote. All images of merchandise are for illustration purposes only, so deviations may occur.
Delivery times are given for information purposes only and at no time give right to compensation or cancellation of the order. A delay in the execution of the delivery can never give rise to any liability on the part of the Seller. Neither can a delay in execution give rise to damages or rescission of the agreement.
The shipping of orders with a value of a minimum of 1,000.00 euros is free of charge unless otherwise stated on the front page. Orders for less than 1,000.00 euros will be subject to a surcharge of 70.00 euros.
The risk of loss or damage to the goods shall be at the expense of the Buyer from the time of delivery. Delivery means: the supply of goods under the control of the Buyer. The delivery will be made on the ground floor only. The goods will also be at the expense and risk of the Buyer from the moment when the Buyer is in breach of performing the actions with which he/she should cooperate in the delivery. The Buyer is in breach when he/she does not take delivery of the goods at the place of delivery immediately after the expiry of the agreed delivery time. The Buyer is responsible for the smooth and undisrupted unloading of the goods. Additional costs incurred due to the Buyer’s negligence, including storage of the uncollected goods, shall be at the Buyer’s expense and risk.
When taking delivery, the Buyer is to check and inspect the goods, including the quantity. Any complaints by the Buyer regarding incorrect quantities shall not be accepted by the Seller beyond this point in time.
On the day of taking delivery of the goods and under penalty of forfeiture, the Buyer has to report visible defects or damages in writing to the Seller.
Under penalty of forfeiture, all remarks or complaints concerning the hidden defects of the delivered goods have to be notified by registered letter within eight days of receiving the goods and, in any case, before the goods have undergone any processing.
Delivered goods will only be taken back with our prior written consent.
The Seller reserves the right to replace legitimately declined goods.
Invoices are payable on the due date indicated on the front page.
Unless expressly stated otherwise, prices are exclusive of VAT and shipping costs and, if applicable, exclusive of packaging costs, import duties, customs duties, etc.
The goods shall continue to be the Seller’s property as long as the Buyer has not paid in full the purchase price due to the Seller. Until the transfer of ownership of the respective goods has taken place, the Buyer is prohibited from processing, incorporating, or in any way using the goods as a means of payment, collateral or security. Once the goods have been delivered, the Buyer shall bear all risks of loss and destruction. If the Buyer is in breach of fulfilling his/her obligations, the Seller shall be entitled to take back the delivered goods. In case the Buyer processes or incorporates the goods in violation of the aforementioned, the Seller becomes co-owner of the products in which the goods are processed or incorporated, pro rata of the value of the goods that were delivered by the Seller.
In the event of non-payment or late payment by the Buyer, any invoice amount that remains outstanding shall, by law and without any prior notice of default being required, bear interest equal to the interest rate referred to in the Belgian Law of August 2, 2002, on combating late payment in commercial transactions.
In addition, all outstanding amounts and invoices not paid on their due date shall, immediately and without any prior reminder or notice of default, be subject to a single and fixed increase of the amount of 10% of the outstanding principal amount, with a minimum of 70.00 euros, even when time limits of respite are granted, and without prejudice to the Seller’s right to prove higher damages. This increase shall be payable to the Seller by way of lump-sum compensation for the extrajudicial costs, loss of time, and other costs incurred in creating and managing the file of an unpaid receivable.
The acceptance of a part of an invoice without reservation implies the acceptance of the totality of the invoice. The Seller’s acceptance of a partial payment is always without prejudice and without any disadvantageous acknowledgement. The Seller’s acceptance of a partial payment is never to be considered as an implicit or explicit acceptance of a protest by the Buyer.
In the event that the Buyer does not take delivery of the goods that have been made available, this will not entitle him to defer payment of the invoiced amounts.
In the event of non-payment of the purchase price of the goods on the due date, or in the event of non-compliance by the Buyer with one or more contractual obligations, the Seller shall have the right, after prior notice of breach to which was not given a useful response within five days, to suspend the execution of all current orders/deliveries or to dissolve the agreement without judicial intervention. In the event of extrajudicial dissolution, the Seller shall be entitled to fixed damages of ten per cent (10%) of the total invoiced amount of the goods to which the dissolution relates, with a minimum of 1,000.00 euros.
All liability claims arising from a contractual failure under an agreement with a Buyer, and the resulting recovery of damages, will be governed exclusively by the provisions and principles of contract law (contractual liability), even in the event where causing the damages is an unlawful act that may give rise to extra-contractual liability as described in the Belgian Civil Code.
Potential liability claims can only be brought against the Seller. As such, the Buyer accepts that the Seller shall remain solely liable for all damage caused by an attributable shortcoming or fault in the execution of the contract, even if the Seller engages auxiliary persons for the execution of the contract (i.e. any partner, director, employee, appointee or other independent service provider of ours, or any other person, regardless of whether a natural or legal person, assisting us – in whole or in part – in the execution of this contract on our behalf and for our own account). None of the auxiliary persons shall be liable to the Buyer or other third parties (including, for example, third-party clients of the Buyer). Any such liability is expressly excluded. In this regard, the Buyer waives any right to bring claims or proceedings, judicial or extrajudicial, contractual, non-contractual or otherwise, against the auxiliary persons.
The Buyer undertakes to include the previous provisions of this article in the agreements or general terms and conditions concluded or to be concluded with third-party clients that are – in whole or in part – performed by the Seller. The Buyer guarantees that the provisions in the preceding paragraphs of this article will be observed by its buyers/clients against the Seller and will indemnify the Seller for any damage resulting from the failure to observe this provision.
With the exception of intent, the total liability of the Seller due to an attributable shortcoming in the fulfilment of the agreement shall be limited to compensation for direct damage up to the amount due for the services/goods supplied by the Seller.
The Seller cannot be held liable for indirect damage, including but not limited to consequential damage, lost profit, missed savings and damage resulting from business interruption.
The Seller shall not be liable for defects, faults, damage or loss, destruction, etc. occurring during the transport of the ordered goods by a third-party carrier to the end destination, even if the Seller facilitated or arranged the transport with the third-party carrier.
The Seller reserves all industrial and intellectual property rights relating to the goods – and to any inventions, drawings, designs and copyright works contained therein – if and insofar as they are not subject to third-party industrial and intellectual property rights. If the goods delivered by us – and the inventions, drawings, designs and copyright works contained therein – are subject to third-party industrial and intellectual property rights, these goods are delivered pursuant to the licensor’s licence. The Buyer is obliged to comply with the requirements for use set by the licensor. The Buyer is obliged to refrain from any act, which constitutes an infringement of a patent, copyright, trademark right or licence. Imitation, reprint or reproduction in any sense is prohibited.
Both the Seller and the Buyer acknowledge that the processing of personal data in the context of this sale is subject to EU Regulation 2016/679 (GDPR) and undertake to comply with these privacy regulations. For more information on this matter, the Seller refers to the privacy policy available on its website.
Any dispute arising from this contract shall be governed by Belgian law. The Courts of the district of the Seller’s registered office shall be competent, without prejudice to the Seller’s right to designate another competent court.
In the event of force majeure rendering the execution of all or part of the Seller’s commitments permanently impossible, the Seller shall be entitled to terminate the agreement with the Buyer, without compensation being payable to the Buyer.
The invalidity or nullity of a provision or a part of a provision of these general terms and conditions shall not invalidate the remaining provisions or parts thereof. The same applies in the event that a provision is held to be unwritten. The provisions which are affected by nullity or invalidity shall remain binding with regard to the part thereof which is legally admissible.