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 only binding after our express agreement.
Article 2 – Delivery – Terms and conditions
The goods travel at the recipient’s risk and peril; it is the recipient’s responsibility to make all reservations with the carriers. We decline all responsibility for damage caused by transport companies and their staff to the property of the buyer or to the buyer himself and his staff. No delay during these operations shall entitle the buyer to defer the execution of his obligations. In any case, we reserve the right to deliver small orders through our distributors.
Article 3 – Delivery – Time limit
Except in cases of force majeure, the delivery period shall begin on the day of acceptance of the order by our company or at any other time that may be agreed between the parties. It is given as an indication and its exceeding does not engage the responsibility of our company: the buyer waives the right to request cancellation or damages for this reason. However, the exceeding of the indicated time limit by more than 2 months entitles the buyer to take advantage of the cancellation of the contract without judicial intervention and without being entitled to damages.
Article 4 – Aggregation
Aggregation of the goods takes place at the time of delivery to the buyer’s home or within eight days thereafter. If delivery cannot take place due to the buyer’s fault, or, when delivery is not free domicile, the goods shall be made available to the buyer at our premises for aggregation within eight days following the date of dispatch or delivery of the invoice or dispatch note, the latter documents being proof of availability. Complaints shall be made by registered letter within eight days; silence kept by the purchaser during this period shall be deemed to be aggregation without reservation and shall render inadmissible any complaint for apparent defects, lack of conformity of the goods or missing items. No complaint will be admitted, with regard to possible remarks by the customer, based on an error discovered after printing when the proofs and/or drawings have been approved and the goods comply with them. In the event of a justified complaint, we shall only be obliged to replace the faulty items within the required period, to the exclusion of any compensation. Conversely, for goods not mentioned in our catalogues or brochures and expressly ordered in favour of the purchaser, delivery to the purchaser shall be deemed to be approval, without the quality or usefulness of the goods being called into question.
Article 5 – Returns of goods.
The goods sent in accordance with the order will not be taken back or exchanged.
Article 6 – Warranty.
The guarantee granted is the guarantee of hidden defects. The buyer can only rely on it for three months from delivery or availability as defined in Article 4 of these general conditions. He is obliged to take advantage of it, by registered letter within 15 days of the discovery of the defect, to provide proof of the hidden defect and to give our company the opportunity to check the reality of the defect. In the event of a justified complaint, our company will only be obliged, in the event of a justified complaint, to replace the defective articles within the required time limit, to the exclusion of any compensation whatsoever.
Article 7- force majeure
Cases of force majeure, depending on whether they create a temporary or permanent obstacle to the execution of the contract, shall automatically suspend or extinguish our obligations and fully release us from liability. If this obstacle lasts more than one month, each of the parties has the right to terminate the agreement by operation of law and without compensation. Are considered as cases of force majeure, events beyond our control that prevent the execution of the agreement and in particular in the event of war, fire, flood, transport difficulties, frost and other unfavourable climatic conditions, illness and measures taken by the authorities and in particular as regards import-export, difficulties in the supply of raw materials, energy or operating items, including the failure of suppliers on which we would depend, general or non- general strike, lockout, labour unrest, riots, defect or damage to goods, as well as any other disruption in our business, including circumstances attributable to our personnel.
Article 8 – Prices
Our prices are those of the price list on the day of the order. We reserve the right to modify them without prior notice until the day of delivery in the event of a change in our rates due to fluctuations in salaries, social charges, or any other cause beyond our control. In addition, the buyer will be responsible for VAT, transport costs, transport insurance, collection costs and possible premiums, Postplus and possible environmental contribution.
Article 9-Reservation of ownership
All items delivered 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 may not, unless otherwise expressly and in writing authorized by us, offer for sale or sell our articles only in our own packaging, nor offer our articles, whether free of charge or not, in conjunction with other specified products or services, except in the case authorized by law.
Article 11- Exemptions from liability
Exemptions from liability included in these general terms and conditions of sale cover any fault, including gross negligence, but not theft.
Articles 12- Application of the general conditions
Unless expressly stipulated otherwise, all our offers and supplies are made in accordance with these general terms and conditions which prevail over the general or special terms and conditions, printed or not, of the purchaser. The buyer is presumed to have waived his right to invoke his own 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 attribute jurisdiction to the courts of the judicial district of Namur. However, our company reserves the right to consider only the purchaser’s domicile and/or real registered office.