These terms and conditions apply to all offers and agreements relating to retail
An agreement is only concluded by written or electronic confirmation by the seller or by the actual execution of the order or by written or electronic order from the buyer.
A compound quotation does not oblige Seller to perform part of the order at a corresponding part of the quoted price.
If the Seller requires data from the Buyer for the performance of the agreement, the performance period shall not commence until the Buyer has made them available to the Seller correctly and completely.
If any cost price-increasing circumstance occurs after the conclusion but before the execution of the agreement by more than 10% of the item, the seller shall be entitled to increase the agreed price proportionally. The buyer shall then be entitled to dissolve the agreement within 10 days of notification, unless the price increase is due to statutory regulations or provisions.
All statements by Seller of prices, specifications and/or other indications of goods on its website are made with care. However, the Seller cannot guarantee the accuracy of these data or the fact that deviations may occur. Obvious mistakes or errors in the offer are not binding on Seller. The Seller therefore has the right to dissolve or annul agreements entered into on the basis of these inaccuracies with immediate effect.
The Buyer will receive its order as soon as possible. The delivery period indicated at the time of entering into the agreement is indicative. If delivery within this period is not possible, e.g. because the product is not in stock or if an order cannot or can only be partially carried out, the Buyer will be informed within 5 days after entering into the agreement.
In such a case, the buyer has the right to cancel the order without charge.
If the agreement can only be partially performed, the Buyer only has the option of cancelling the agreement in its entirety if the various goods have a demonstrable connection. If there is no demonstrable coherence of the various goods, the Consumer may only cancel those goods that cannot be delivered. (Package sales)
Items purchased from stock and paid for by the Buyer may, if accompanied by the relevant receipt, be exchanged or returned to the Seller, provided that such exchange or return is made within 7 days of purchase, provided that the relevant items are unused, unopened and in the condition in which they were delivered.
Except on account of demonstrable manufacturing defects or quality deviations, contrary to the provisions of paragraph 4, so-called metrage goods and goods that have been specially mixed/composed cannot be exchanged or returned.
Goods ordered from a supplier on behalf of the buyer shall be at the seller's risk if the seller has taken the size, or at the buyer's risk if the buyer has specified the size and in accordance with what is stated on the order form as size/sizes.
The Seller shall not be liable for minor colour deviations from samples shown in the shop or website in goods ordered. This also applies if a repeat order has been placed and these goods differ slightly from the initial order.
Unless expressly agreed otherwise, delivery shall take place at the Seller's location. During transport by third parties of the Seller's goods to the location indicated by the Buyer, transport shall take place at the Buyer's risk.
The seller is entitled to make partial deliveries at no additional cost to the buyer, if composed packages are not in stock in their entirety.
If one of the Seller's obligations is to install the sold property, delivery shall be deemed to have been completed as soon as the property has been installed.
If the goods cannot be delivered on the agreed date, due to the buyer's inability or unwillingness to accept them, a 2nd delivery should be made within a reasonable time. If this is also refused, the seller is entitled to charge storage costs and any further demonstrable costs.
After 3 months, the buyer is obliged to take delivery of the goods and take care of storage himself. The buyer remains obliged to pay for all specially ordered and/or custom-made goods.
Payment shall always be made within 14 days of the invoice date, in a manner to be indicated by the Seller in the currency invoiced, unless otherwise indicated in writing by the Seller.
Seller is entitled to invoice periodically.
If the Buyer fails to pay an invoice on time, the Buyer shall be in default by operation of law without further notice of default. The Buyer shall then owe interest. In the case of consumer purchases, the interest rate shall be equal to the statutory interest rate. In other cases, the Buyer shall owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall be due. Interest on the amount due will be calculated from the time the Buyer is in default until the time of payment of the amount due in full.
The Seller is entitled to have payments made by the Buyer go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and current interest.
The goods are normally paid for in cash or electronically in the shop or electronically in the web shop.
In the case of pre-sales, the amount paid in advance will be refunded only if delivery proves impossible because the manufacturer/wholesaler cannot deliver the goods ordered to the Seller.
Security for business buyers: in the case of an agreement with a business buyer, the Seller shall be entitled to require sufficient security from the buyer for the fulfilment of payment obligations before delivering or proceeding with delivery or performance of the agreement.
Unless otherwise agreed between the parties, the purchase price must be paid to the seller without set-off, discount or compensation without delay.
All judicial and extrajudicial costs which the seller has to incur to preserve or exercise its rights shall be borne in full by the buyer.
All goods delivered by the Seller under the agreement remain the Seller's property until the Buyer has properly fulfilled all obligations under the agreement(s) concluded with the Seller (extended retention of title.) The goods sold, if not processed, remain the Seller's property until the Buyer has fulfilled all its obligations.
Nevertheless, the business buyer shall be entitled to use and dispose of the goods in the ordinary course of business.
Goods delivered by the Seller which are subject to retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Buyer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
The Buyer must always do everything that can reasonably be expected of him to secure the Seller's property rights.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the Buyer shall be obliged to inform the Seller immediately.
The Buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by the Seller on demand. In the event of any insurance payment, the Seller shall be entitled to this money. Insofar as necessary, the Buyer undertakes vis-à-vis the Seller in advance to cooperate in everything that may be necessary or desirable in that context.
In case the Seller wishes to exercise its property rights indicated in this article, the Buyer gives unconditional and irrevocable permission in advance to the Seller and third parties to be appointed by the Seller to enter all those places where the Seller's property is located and to take back those goods.
There is a guarantee period of 12 months after delivery, unless otherwise follows from the nature of the delivered goods or the parties have agreed otherwise. If the guarantee provided by Seller concerns a good produced by a third party, the guarantee shall be limited to that provided by the producer of the good for it, unless stated otherwise. After expiry of the guarantee period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Buyer.
Any form of guarantee shall lapse if a defect has arisen as a result of or arising from injudicious or improper use thereof or use after the expiry date, improper storage or maintenance thereof by the Buyer and/or third parties when, without the written consent of the Seller, the Buyer or third parties have made changes or tried to make changes to the item, attached other items to it that should not have been attached to it or if these have been processed or treated in a manner other than prescribed.
Nor is the Buyer entitled to any warranty if the defect was caused by or is the result of circumstances beyond the Seller's control, including weather conditions (such as, for example but not limited to, extreme rainfall or temperatures) et cetera.
The Buyer shall be obliged to examine the delivered goods, or have them examined, immediately at the time the goods are made available to him or the relevant work has been carried out respectively. In doing so, the Buyer shall examine whether the quality and/or quantity of the goods delivered corresponds to what has been agreed and meets the requirements agreed between the parties in this respect.
Any defects must be reported to Seller in writing within 5 working days of discovery. The report must contain as detailed a description of the defect as possible, so that the Seller is able to respond adequately. The Buyer must give the Seller the opportunity to investigate a complaint (or have it investigated).
If the Buyer complains in time, this does not suspend his payment obligation. The Buyer shall in that case also remain obliged to accept and pay for the other goods ordered, unless they have no independent value.
If it is established that a complaint is unfounded, the costs thereby incurred, including investigation costs, on the part of the Seller shall be borne in full by the Buyer.
If the Seller should be liable, such liability shall be limited to what is regulated in this provision.
Seller shall not be liable for any damage, of whatever nature, caused by Seller having relied on incorrect and/or incomplete data provided by or on behalf of Buyer.
The Seller shall only be liable for direct damage. Direct damage is exclusively understood to mean: the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage in the sense of these terms and conditions; any reasonable costs incurred to have the Seller's faulty performance comply with the agreement, insofar as these can be attributed to the Seller; reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
The Seller shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business or other stagnation.
If Seller is liable for direct damage, Seller's liability towards Buyer per event shall be limited to a maximum of the purchase amount of the product concerned.
The Seller's liability shall in any case always be limited to the amount paid by its insurer in the relevant case.
This article remains in force after termination of the assignment or dissolution of the agreement regardless of the reason for termination or dissolution of the agreement.
The seller is not liable for the correctness of the advice given by or on its behalf, nor does it guarantee certain results when using delivered goods.
The Buyer shall indemnify the Seller against any claims by third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to parties other than the Seller.
If the Seller should be held liable by third parties on that account, the Buyer shall be obliged to assist the Seller both extra-judicially and judicially and immediately do all that may be expected of it in that case. Should the Buyer fail to take adequate measures, the Seller shall be entitled, without notice of default, to take such measures itself. All resulting costs and damage on the part of the Seller and third parties shall be for the account and risk of the Buyer.
The Seller reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. The Seller is entitled to use the knowledge gained by its side in the execution of an agreement for other purposes as well, to the extent that no strictly confidential information of the Buyer is brought to the knowledge of third parties.
If any provision of these terms and conditions is found to be in conflict with any provision of mandatory law, said provision shall be deemed not written without affecting the validity of the remaining provisions.
All legal relationships to which the Seller is a party are exclusively governed by Belgian law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
All disputes which may arise between the parties in connection with the agreements referred to herein, to which these Uniform Conditions of Sale apply, shall be settled by the competent court of the seller's domicile, in such a way that the seller is entitled to have the dispute settled by the competent court of the buyer's domicile.
Seller is authorised to suspend the fulfilment of the obligations or to dissolve the agreement immediately and with immediate effect out of court, if: the Buyer fails to fulfil its obligations under the agreement or to fulfil them in full or on time; after the agreement has been concluded, the Seller learns of circumstances that give it good reason to fear that the Buyer will fail to fulfil its obligations; when the agreement was concluded, the Buyer was asked to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient; If, due to a delay on the part of the Buyer, the Seller can no longer be required to perform the agreement against the originally agreed conditions; if circumstances arise which are of such a nature that performance of the agreement is impossible or that the Seller cannot reasonably be required to maintain the agreement unamended.
If the agreement is dissolved, the Seller's claims against the Buyer shall be immediately due and payable. If the Seller suspends fulfilment of its obligations, it shall retain its claims under the law and the agreement.
If the Seller suspends or dissolves the agreement on the grounds referred to in this article, it shall not be liable on that account for compensation of damage and costs caused in any way whatsoever or for indemnification, whereas the Buyer shall be liable for compensation or indemnification on account of default.
If the agreement is terminated prematurely by the Seller, the Seller will, in consultation with the Buyer, arrange for the transfer of deliveries still to be made to third parties. This unless the termination is attributable to the Buyer. Unless the premature termination is imputable to the Seller, the costs of transfer shall be charged to the Buyer. The Buyer shall be obliged to pay these costs within the term specified by the Seller for that purpose.
In case of liquidation, of (application for) suspension of payment or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the Buyer's expense, of debt rescheduling or any other circumstance as a result of which the Buyer can no longer dispose freely of its assets, the Seller shall be free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. The Seller's claims against the Buyer shall in that case be immediately due and payable.
If the Buyer cancels all or part of an order that has been placed, the items ordered or prepared for it, plus any removal and delivery costs thereof and the working time reserved for the execution of the agreement, shall be charged in full to the Buyer.
The following article is specifically for the situation of purchase by a consumer through a web shop. The article applies in addition to all other provisions of these general terms and conditions:
For seven working days after receiving the goods, the buyer shall have the right to return the goods received without giving reasons and without any obligation on his part, other than compensation for the direct costs of returning the goods, and thus to dissolve the agreement. The buyer shall then notify the seller immediately.
Limitations or exclusions of the right of withdrawal within the seven working day withdrawal period - based on the specific nature of the goods concerned - will be clearly stated in the offer. The right of withdrawal will be excluded for products manufactured by the Seller in accordance with the Buyer's specifications.
The goods to be returned must be undamaged and packed in their original packaging when received back by the Seller.
In case of prepayment, Seller will refund the purchase amount to buyer within 30 days. The cost of shipment will be refunded only if Buyer returns the entire order.
This article does not apply to the buyer who is not a consumer.
