TERMS AND CONDITIONS OF SALE TO CONSUMERS
CONTENTS PAGE
1. Offer and quotation
2. Awards
3. Place and terms of delivery
4. Delivery time
5. Payment
6. Penalties for non-compliance with contractual obligations
7. Retention of title
8. Conformity and apparent defects
9. Conventional warranty against hidden defects
10. Force majeure
11. Evidence
12. Enforcement law and jurisdiction
ARTICLE 1 - OFFER AND QUOTATION
Unless otherwise stipulated in our special terms and conditions, our offers are valid for two months from the date of issue.
ARTICLE 2 - PRICE
2.1. Our prices are denominated in euros, including taxes and fees. They are understood to be for delivery to the address mentioned when the order was placed, on the agreed date and for the supply of the agreed goods.2.2. Unless otherwise stipulated, they include transport costs.
2.3 In principle, our prices are not subject to revision, but we may, however, pass on any changes in the rate of VAT which occur before the delivery date.
2.4. If the purchaser requests a change in the delivery time or place of delivery, if he refuses to accept delivery on the agreed date or if he provides us with incorrect information, we may claim additional costs from him.
ARTICLE 3 - PLACE AND TERMS OF DELIVERY
3.1. Deliveries are made to the address given at the time of ordering.3.2. All risks relating to the goods sold will be transferred to the buyer as soon as the actual delivery is made.
ARTICLE 4 - DELIVERY TIME
4.1. The agreed delivery date or delivery period is strictly applicable (four working days), unless it cannot be met due to unforeseeable circumstances beyond our control which make it impossible or substantially more difficult or expensive for us to fulfil our obligations and we have informed the buyer of this at the latest on the date of delivery, if necessary with a proposal for an extension of the period.4.2. If the buyer has accepted the proposed extension of the deadline, he may, if the deadline is exceeded, withdraw from the contract by simple e-mail, letter or call.
4.3. If the buyer refuses to take delivery on the agreed date, we can, after formal notice, claim a shipping fee of 4.5/ € and terminate the sale by right, by simple letter. In this case, we may also claim compensation for the loss suffered, fixed at 10% of the agreed price excluding tax, unless the buyer establishes that the failure to take delivery is due to a case of force majeure.
4.4. If delivery becomes definitively impossible due to force majeure, the sale will be cancelled by operation of law.
ARTICLE 5 - PAYMENT
Unless otherwise stipulated in our special conditions, our invoices are payable in cash at our head office. In the case of a secure transaction via Paypal, the payment is considered closed upon receipt of the payment confirmation.
ARTICLE 6 - SANCTIONS IN THE EVENT OF NON-COMPLIANCE WITH CONTRACTUAL OBLIGATIONS
6.2. Any invoice unpaid on the due date will automatically, after formal notice, produce interest on arrears equal to the legal rate, i.e. 0.85% per month.
6.3. Any invoice unpaid on the due date will also be increased, by right and after formal notice, by a fixed compensation of 10% of the unpaid amount, by way of damages, with a minimum of 25€.
6.4.. In the event of late delivery for which we are responsible, we shall owe the purchaser, after written notice of default, a sum of 1€ per day of delay, without this sum exceeding 10% of the agreed price excluding tax.
6.5. In the event of a major breach of one of our other obligations for which we are responsible, we shall owe the purchaser, after formal notice, a fixed compensation equal to 10% of the agreed price excluding VAT.
6.6. In the event of culpable delay in the payment of a sum due to the consumer, we shall owe the consumer, after formal notice, default interest equal to that set out in Article 6.2.
ARTICLE 7 - RETENTION OF TITLE
The goods sold remain our property until full payment of the price, even in case of transformation or incorporation of these goods into other goods.
ARTICLE 8 - CONFORMITY AND APPARENT DEFECTS
8.1. Except in the case of a special clause in the order form, we shall not be held liable if the goods delivered show slight differences, in particular in composition and colour.8.2. The Buyer shall examine the goods and notify us of any apparent defects and defects in conformity with the contractual specifications, i.e. all defects that can be quickly detected by careful and serious inspection, in particular those relating to the visual characteristics of the goods. The buyer shall notify us of such defects at the time of actual delivery. If it is not possible to examine the goods at that time to discover these defects, the buyer must notify us in writing within 5 working days of delivery.
8.3. Where applicable, the provisions of Article 9.3. will be applied to remedy the defects that have been discovered.
ARTICLE 9 - CONVENTIONAL GUARANTEE AGAINST HIDDEN DEFECTS
9.1. Without prejudice to the legal guarantee provided for in articles 1641 to 1649 of the Civil Code, we guarantee the goods sold against hidden defects for a period of 2 months from the day of delivery under the following conditions:- The latent defect must exist at the time of delivery and render the goods to a significant extent unfit for the use for which they are usually intended or for the special use that the buyer has expressly mentioned to us.
- The defect must not result from normal wear and tear, an act or an intentional fault committed by the purchaser or a third party, poor storage, use of the goods in abnormal conditions, etc. The defect must not be the result of an act or an intentional fault committed by the purchaser or a third party.
9.2. The buyer must notify us of the existence of the defect within a maximum of two months from the date of discovery, by letter or by returning the goods, if possible in the original packaging, with the invoice to our premises.
9.3. In the event of the above conditions, the buyer shall be entitled to replacement of the defective goods within a reasonable period of time and without any delay.
f reason, provided that either of these methods of compensation proves to be technically impossible or disproportionately expensive, having regard in particular to the value. Where appropriate, the parties shall agree on the most appropriate means of remedying the situation.
9.4. Under no circumstances may the buyer request the cancellation of the contract if the defect is minor.
ARTICLE 10 - FORCE MAJEURE
We shall not be liable for the non-performance of any of our obligations when such non-performance is due to force majeure, including fire, hail, natural disasters, strikes, general lack of supplies or means of transport, etc. We shall not be liable for the non-performance of any of our obligations when such non-performance is due to force majeure, including fire, hail, natural disasters, strikes, general lack of supplies or means of transport, etc.
ARTICLE 11 - PROOF
In the foregoing provisions, the requirements of writing and writing in registered form are provided for evidentiary purposes only.
ARTICLE 12 - APPLICABLE LAW AND JURISDICTION
In the event of a dispute, the following judges will, at the choice of the plaintiff, be competent to hear the claim:
1 ) the judge of the domicile of the defendant or of one of the defendants
(2) the judge of the place where the obligations in dispute or any of them arose or where they are, have been or are to be performed.
Tel : +32 (0)4/224.07.89
+32 (0)4/224.00.36
Fax: +32 (0)2/706 . 47.28
Email : jeangevaert@online.be
RPM Liège 202.987
N°ENTREPRISE : BE 465.269.507
Fortis Banque : 240- 0374352- 33