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Article 1
Our general terms and conditions apply to all our work, services, products and supplies.
By signing (including electronically) the order form, the customer acknowledges having read these terms and conditions, which form an integral part of the contract, and accepts them without reservation.
By signing (including electronically) the order form, the customer also waives any of his own general terms and conditions.
Article 2
All our offers are non-binding and valid only for the period specified in the quotation or offer.
Until acceptance by the customer, quotations and offers can always be retracted or modified. Any change in taxes, social security contributions, duties, customs duties in the broadest sense, or in the price of raw materials occurring between the order and the start of its execution, or during its execution, may nonetheless entail, ipso jure and without formal notice, the readjustment of the agreed price, which must however be explicitly explained by our company.
All orders must be placed with us in writing, and the contract will only be concluded once we have expressly accepted the order.
All orders are final and irrevocable.
Unless we have agreed in writing to accept cancellation of the order free of charge, cancellation of the order is only permitted subject to payment of a cancellation indemnity of 15% of the value of the order, with a minimum of 50 euros, without prejudice to our right to retain any advance payments received and subject to other damages to be justified. This possibility of cancellation is however limited to orders not yet in the execution phase.
In the event of an order being cancelled after we have ordered the raw materials, we reserve the right to request performance of the contract. If the contract is not continued, our company will claim a fixed and irrevocable cancellation indemnity equal to 50% of the amount of the order, this indemnity being intended to cover, in particular, any penalties payable to our suppliers or the compulsory acquisition of the raw materials covered by the cancelled agreement.
No cancellation will be accepted after the manufacturing process has begun or after we have acquired the finished products intended for the customer.
Cancellation of an order shall be deemed to have occurred if the customer undertakes to carry out all or part of the planned work himself or through a third party.
Article 3
Unless otherwise stipulated, delivery or performance deadlines are given for information purposes only and do not take effect until advance payments have been received.
Delays in delivery or performance therefore do not entitle the customer to compensation or to withdraw from the contract.
Certain circumstances give us the right not to execute the order, in whole or in part, or to postpone its execution. These include all cases of force majeure.
However, if the obstacle is temporary, our obligations are only suspended. Therefore, in such cases, the temporary suspension of work, services, products and supplies shall entail, ipso jure and without compensation, the extension of the performance period initially scheduled by a period equal to the duration of the suspension, increased by the time required to restart the work, services, products or supplies.
Article 4
With regard to the packaging of products and supplies, questions of detail, shade, proportion and hue are left to our discretion.
If the packaging does not provide the desired effect (which will be specified on the order form if this element is considered by the customer to be essential to the order), we reserve the right to make the necessary changes in order to achieve the desired result.
Article 5
In order to be valid, communications from the customer concerning the execution of orders must be made in writing, to the address indicated on the order form.
Similarly, any modification or additional work made to the execution of orders initially requested, for any reason whatsoever, either by the customer or by our company, must be the subject of a prior written agreement signed by both parties.
Article 6
All our invoices are payable in cash to the credit of our bank account mentioned at the bottom of the invoice, within 30 days, unless otherwise stipulated on the order form or invoice.
Payment by cheque, bill of exchange or commercial paper must be expressly accepted on the order form and does not authorize any derogation from the present article.
Any invoice not paid by the due date shall automatically and without notice be subject to a fixed and irreducible surcharge of 15%, with a minimum of €50.00, and to interest of 10% per annum from the due date of the invoice.
All costs relating to unpaid bills of exchange or cheques, as well as other collection costs, are not included in the above-mentioned flat-rate surcharge and are charged separately to the customer.
Failure by a customer to pay one of our invoices in full by the due date renders all our outstanding claims against this customer immediately due and payable.
In the event of late payment, we reserve the right to suspend performance of the contract. We also reserve the right to consider the contract cancelled by operation of law if payment is overdue by more than 1.5 months, on simple notice sent to the customer by registered letter with no effect within 8 days.
In accordance with article 1254 of the French Civil Code, any partial payment of an invoice will be deducted first from the costs, then from the interest and finally from the capital.
All materials, goods, products and supplies remain our exclusive property until full payment has been received. However, the customer shall bear all risks associated with the goods as soon as the contract has been concluded and/or the goods have been delivered to the supply address.
Any dispute relating to an invoice must be notified to us by registered mail within 8 days of the invoice date. Failure to lodge a protest against the invoice shall give rise to the irrefutable assumption that the customer agrees with the provisions of the said invoice, and with the quality, quantity and delivery date of the products and/or services delivered.
Article 7
Work performed by us or goods coming directly from our company
All complaints relating to work performed by us or to goods or products coming directly from our company must, on pain of forfeiture, be sent to us by registered post within 8 days of their delivery or performance.
Failing this, our work and goods will be presumed to have been approved by the customer.
In the event of a justified complaint, we shall only be obliged to replace the defective elements or products or to repair them, to the exclusion of any compensation. Proven defects may under no circumstances give rise to the invoicing of the price of any work carried out as a result.
No return of materials, products or supplies will be accepted without our prior written agreement.
Any complaints shall in no case suspend the payment of amounts due to us.
Work carried out by a third party or goods originating from a third party although possibly delivered by us
We are in no way responsible for the quality of work carried out by any subcontractor we may use, whose intervention has been approved in advance by the customer. In such cases, the customer must assert his rights directly with the third party concerned.
In the event of faulty goods delivered by our suppliers, the customer acknowledges and accepts that the replacement or repair of the faulty goods may take place only after our company has obtained an acknowledgement of liability from its suppliers.
In any case, if the customer or his representative imposes a material of a given quality, origin or type, and this despite our written reservations, we shall be relieved of all liability for defects originating from the choice of said material or process.
Article 8
In accordance with Title 3 of Book VI of the Code of Economic Law for sales or services to consumers, the customer who is a consumer within the meaning of this Code shall have the reciprocal right to claim from our company any penalty clauses, default interest and automatic termination of the contract as stipulated in favour of our company. The customer must, however, comply with the same terms and conditions in order to benefit from them.
Article 9
In the event of the contract being concluded at a distance or off-premises, the customer, having the status of consumer within the meaning of Title 3 of Book VI of the French Code of Economic Law, has a period of 14 days in which to withdraw from the contract. The right of withdrawal must be exercised by registered mail with acknowledgement of receipt. The customer may not exercise his right of withdrawal after the service has been fully performed if performance has begun with the prior express agreement of the customer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by our company. In the event of a validly exercised right of withdrawal, the customer shall bear the cost of returning the goods/materials already delivered in the meantime, and our company reserves the right to defer reimbursement of any advance payments until the goods have been recovered.
Article 10
Neither party has the right to transfer the rights and obligations arising from the contract without the written consent of the other party. If any of the provisions contained in the order form or in the General Terms and Conditions are found to be invalid, this will not affect the validity of the entire contract or of the General Terms and Conditions.
Article 11
Any dispute arising in connection with this order shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels and, where applicable, of the company's court. Only Belgian law shall apply.