General terms and conditions
A. GENERAL
1. All our sales, works, deliveries and services are carried out subject to the following terms and conditions. Any terms and conditions of the customer that differ from these shall not be accepted.
B. QUOTATIONS AND ORDERS
2. Our quotations are non-binding on our part. With regard to prices, we are bound only for the period stated in the quotation; if no period is specified, a validity period of one month shall apply.
3. Orders:
Orders, including those accepted by our representatives, shall only be valid after written confirmation by us.
Cancellation of orders accepted by us may only take place with our prior written consent. The same applies to any return of delivered goods by the buyer. In such case, we reserve the right to invoice 30% of the cancelled order as compensation for the damages and costs resulting from the cancellation.
This provision shall also apply in the event of a partial cancellation.
4. Webshop
Prices displayed on the webshop are indicative and non-binding in the event of manifest clerical errors, technical failures or mistakes. If a price has been incorrectly displayed on the webshop, the seller reserves the right to correct such price, even after an order has been placed. In such event, the buyer shall be informed without delay and shall have the right to cancel the order free of charge if the corrected price is not accepted.
C. DELIVERY
5. Delivery dates provided by us are for information purposes only and shall not be deemed binding. Consequently, they shall never give rise to cancellation of an order or any claim for damages.
6. The following shall be considered force majeure: war, mobilization, blockade, partial or total strikes, lock-outs, riots, epidemics, weather conditions, machinery breakdowns, fires, explosions, railway congestion, traffic disruptions caused by congestion or accidents, and any cause preventing regular deliveries by our suppliers, as well as any similar circumstances affecting our company. If, due to force majeure, we are unable to perform the agreement, we reserve the right to terminate the agreement without any compensation being due.
7. Goods shall always be transported at the risk and responsibility of the customer, even where transportation is arranged by us.
D. COMPLAINTS
8. Any complaints regarding deliveries must, in order to be valid, be notified to us immediately and no later than eight (8) days after receipt of the goods, in writing and by registered mail. In the event of a complaint submitted within the prescribed period, we shall be free to make a replacement delivery or take back the goods without any compensation being due.
9. We shall not be held liable for hidden defects that could not reasonably be detected by us and which therefore constitute an invincible lack of knowledge on our part.
E. PAYMENT
10. All invoices are payable within thirty (30) calendar days from the invoice date, unless otherwise agreed in writing.
11. In the event of non-payment of an invoice by its due date, default interest shall accrue automatically and without prior notice of default from the due date at a rate equal to the semi-annual interest rate set by the European Central Bank, increased by 7% and rounded up to the nearest half percentage point. In addition to such default interest, a fixed compensation of 12% of the invoice amount, with a minimum of €125, shall be due automatically and without prior notice of default. Costs related to unpaid bills of exchange or cheques, as well as other collection costs, are not included in this fixed compensation and shall be charged separately to the buyer.
12. The parties expressly agree that in the event of non-payment of the purchase price on the invoice due date, the sales agreement shall be automatically terminated by operation of law, entitling the seller to recover the delivered goods from the buyer, without prejudice to the agreed damages clause referred to above.
13. Until full payment has been received, the seller retains ownership of the invoiced goods, by express derogation from Article 1583 of the Belgian Civil Code. In the event of non-payment on the due date, the debtor may no longer dispose of the unpaid goods from the date on which the seller has notified the debtor by registered letter that it is exercising its retention of title and reclaiming the goods.
F. JURISDICTION
14. Any disputes between the contracting parties shall fall under the exclusive jurisdiction of the courts of the judicial district of West Flanders, Kortrijk division.