TOS

Article 1 – Offer – Order

The information contained in our offers, catalogues, brochures or price lists of any kind are not binding and the order is binding only after our express consent. A right of withdrawal from the contract exists two days after receipt of payment by mail.

Article 2 – Delivery – Terms and Conditions

The goods travel at the risk and peril of the consignee; it is the consignee’s responsibility to make all reservations with the carriers. We disclaim all responsibility for any damage caused by carriers and their employees to the Buyer’s property or to the Buyer itself and its employees. No delay during these operations shall entitle the buyer to postpone the fulfilment of his obligations. In any case, we reserve the right to deliver small orders through our distributors.

Article 3 – Delivery – Period

Delivery periods are between three and five working days (considered as a guideline) after receipt of payment. Except in cases of force majeure, the delivery period shall commence on the date of acceptance of the order by our company or on any other date that may be agreed between the parties. It is given as an indication and its exceeding does not oblige our company to be responsible: the buyer waives the right to request cancellation or compensation for this reason. However, exceeding the indicated time limit by more than 2 months entitles the buyer to benefit from the cancellation of the contract without judicial intervention and without any right to compensation. Delays in delivery do not give rise to damages and refunds.

Article 4 – Aggregation

Aggregation of the goods shall take place at the time of delivery to the buyer’s home or within eight days thereafter. If delivery cannot be made due to the fault of the buyer, or, if delivery is not free to the buyer’s home, the goods will be made available to the buyer for aggregation within eight days of the date of dispatch or delivery of the invoice or dispatch note to us, the latter documents being deemed to be proof of availability. Complaints must be made by registered letter within eight days; silence on the part of the buyer during this period will be considered as an unconditional summary and will render inadmissible any claim for obvious defects, non-conformity of the goods or missing items. With regard to possible comments by the customer based on an error discovered after printing, if the proofs and/or drawings have been approved and the goods conform to them, no complaint will be admitted. In the event of a justified complaint, we shall only be obliged to replace the defective items within the required period, to the exclusion of any compensation. Conversely, in the case of goods not mentioned in our catalogues or brochures and expressly ordered for the benefit of the buyer, delivery to the buyer shall be deemed to constitute approval without the quality or usefulness of the goods being called into question.

Article 5 – Return of Goods

Goods dispatched in accordance with the Order will not be returned or exchanged.

Article 6 – Warranty

The warranty provided is the warranty against hidden defects. The buyer may only invoke it for three months from delivery or availability as defined in Article 4 of these general conditions. He is obliged to make use of it by registered letter within 15 days of the discovery of the defect in order to prove the hidden defect and to allow our company to verify the reality of the defect. In the event of a justified complaint, our company is only obliged to replace the defective items within the required period, to the exclusion of any compensation.

Article 7 – Force majeure

Cases of force majeure, depending on whether they constitute a temporary or permanent obstacle to the performance of the agreement, shall automatically suspend or extinguish our obligations and release us entirely from our liability. If this impediment lasts for more than one month, either party shall have the right to terminate the agreement by operation of law and without compensation. shall be deemed to be cases of force majeure, events beyond our control which prevent the execution of the agreement, in particular in the event of war, fire, flood, transport difficulties, frost and other adverse climatic conditions, illness and measures taken by the authorities, in particular with regard to import-export, difficulties in the supply of raw materials, energy or supplies, including the failure of suppliers on whom we would be dependent, general or non-general strikes, lock-outs, industrial disturbances, riots, defects in or damage to goods and any other disturbance in our business, including circumstances attributable to our personnel.

Article 8 – Terms of payment

Unless otherwise expressly stated on the invoice, payment must be made within 30 days of the invoice date. Any delay in payment shall entitle us to exercise a right of retention over any property of the Buyer brought into or left in our possession. In the event of non-payment on the due date, interest on arrears at the rate of 15% per annum shall automatically become payable without notice of default being required. If the invoice amount is not paid within 8 days after a reminder sent by registered letter, the invoice amount will be increased by 15%, with a minimum of 40 euros, to cover the additional costs caused by this delay.

Article 9 – Retention of Title

All items supplied by us remain our property until the buyer has paid the purchase price and the costs of the sale in full.

Article 10 – Conditions of resale

The Buyer shall not, unless expressly authorised by us in writing, offer for sale or sell our items other than in our own packaging, nor shall he offer our items, whether free of charge or not, in connection with any other specified product or service except as permitted by law.

Article 11 – Exceptions to liability

The exclusions of liability contained in these general conditions of sale apply to any fault, including gross negligence, but not to theft.

Article 12 – Application of the general conditions

Unless expressly stated otherwise, all our quotations and deliveries are made in accordance with these general terms and conditions, which take precedence over any general or special conditions, printed or otherwise, of the buyer. The Buyer shall be deemed to have waived its right to rely on its own terms and conditions by signing the Order Form.

Article 13 – Applicable law

The relations between the Buyer and the Seller are governed by Belgian law.

Article 14 – Jurisdiction

For any dispute, the parties agree to assign jurisdiction to the courts of the judicial district of Namur. However, our company reserves the right to consider only the domicile and/or the actual seat of the buyer.