General conditions
Article 1. Applicability
- These general terms apply to all of our offers and commitments, this despite any other condition in the terms to which the buyer might refer. For all purchases directly through the webshop from a distance the general terms for sales from a distance apply.
- Exceptions to the general terms for B2B sales are only possible if this is agreed upon explicitly and in writing.
Article 2. Offers
Al our proposals should be considered to be an invitation of the potential buyer to make an offer. They do by no means commit us, unless the proposal clearly and explicitly mentions otherwise. The order passed to us is considered to be an offer, which can only be considered to be excepted by us after a written confirmation. (order confirmation)
Article 3. Prices
Prices do not include VAT and, unless agreed explicitly and in writing, transport costs.
Article 4. Delivery periods and deliveries
- The delivery periods we mention are only indicative and cannot lead to any damage compensation in case they are not respected.
- Unless the buyer organizes transport, the products are transported in what we consider to best the most efficient way through transport companies we have selected.
- The risk of property of the products passes on to the buyer the moment the products are made available for the buyer.
- The buyer is supposed to perform a thorough check of the products within a reasonable time frame. Complaints of the buyer concerning visible problems must be passed to us within 5 days after delivery of the products. This should be done per registered mail with a clear and accurate description of the problem.
- Every claim of the buyer towards us is invalid if :
- We are not informed about the problem within the period mentioned in these terms.
- The buyer did not store the products in the proper way.
- The products concerned by the complaint have been used by the buyer.
Article 5. Liability and guarantee
Except for our potential obligation based on article 1 and 2 of thee terms, we can never be held liable for any damage by (partial) deliveries, by delayed deliveries, by absence of delivery or by the products unless in case of an intentional proven error from our side. We’re never liable for any damage, direct or indirect, including loss of profit and interruption of the company activity.
Article 6. Retention of property and security
- Products delivered by us remain our property until full payment.
- At any time we are entitled to take in our care products under the care of the buyers or third parties but our property, if it is reasonable to assume that there is a realistic chance that the buyer will not honor his obligations.
Article 7. Payments
- Payments need to be done in euro upon delivery , without any discount, at our company seat or by transfer to our bank account.
- In case of delayed payment the buyer owes us without formal request a financial compensation of at least 12%, with a minimum of 100,00euro; the buyer is also obligated to pay for all judicial and non judicial payment recovery costs in case these costs surpass the financial compensation and the interest.
- Without formal information we can also suspend all our obligations towards the buyer. In this case we are entitled to ask cash payment for all deliveries still to be performed or the cancellation of all agreements without judicial intervention in which case the buyer is obligated to return the products
Article 8. Force Majeure
As Force Majeure should be considered any circumstance beyond our control or will of such a nature that the execution of the agreement cannot be requested. In case of Force Majeure we’re entitled either to consider the agreement as cancelled or suspended.
Article 9. Applicable law
All our offers and agreements are subject to Belgian law.
Article 10. Court
Disputes of any nature can only be brought to the Court of the Legal District of Antwerp.