Terms and Conditions
1. Scope of application
- 1.1 These terms and conditions supersede all other previous terms and conditions, whether written or oral.
- 1.2 The customer is the legal person who places the order with VBBS bvba and to whom VBBS vba invoices.
- 1.3 In the event that one or more determinations of these general terms and conditions have been annulled, the other conditions of application shall remain.
- 1.4 Deviations only apply if they have been confirmed in writing by the management of VBBS.
- 1.5 These general terms and conditions apply to all orders placed with VBBS bvba.
2. Offers, confirmations, prices and delivery
- 2.1 All offers and price discounts are non-binding, unless they contain a deadline for acceptance.
- 2.2 Any verbal agreement by representatives, salespeople or any other member of staff shall be binding on VBBS bvba only after confirmation by one of VBBSBS's directors.
- 2.3 The illustrations, dimensions, weights and technical data mentioned in our catalogues, offers, publications, website and the like are for information purposes only and are not binding on VBBS bvba.
- 2.4 The prices provided by the Seller are for information purposes only and are subject to errors and price increases, and while stocks last.
- 2.5 The price indicated is the price valid on the day the order is concluded. If a price increase should take place between the day of the order and the date of delivery or collection, as a result of a change in the rate or a modification of taxes or duties on the goods, it may still be passed on, without the buyer having the right to request the rescission on this account. A further price increase, beyond the control of the seller, can always be applied, but the buyer has the right, if the increase is greater than 5%, to renounce the purchase at the latest on the day of delivery, in return for the payment of a lump sum compensation of 25% of the agreed price.
- 2.6 The prices mentioned are gross prices excluding VAT.
- 2.7 The total configuration described on the Order Form will be delivered to the Customer at the address mentioned on the Order Form.
- 2.8 Delivery costs are always borne by the customer, unless otherwise stated.
- 2.9 All orders will be delivered to the ground floor, except for an elevator in the same building with which the goods can be brought to your home.
- 2.10 Delivery times are always set approximately and should not be considered as extreme delays. The seller complies with them as far as possible. Delays do not justify the cancellation of the order, the cancellation of the sale, a reduction in the price or a claim for compensation of any kind whatsoever.
- 2.11 The delivered goods will not be returned or exchanged. In the event of an exception to this principle, the extra costs resulting from this effort will be invoiced in full to the customer.
- 2.12 The packaging of the goods will never be taken back.
3. Warranty
- 3.1 VBBS BVBA only makes a commitment of means in this contract. Due to its distinctive character as an intermediary, the warranty on the delivered goods is limited to the official manufacturer's warranty.
- 3.2 The customer chooses the goods to be ordered on his own responsibility. VBBS bvba cannot be held liable if the goods do not meet the customer's expectations.
4. Payment terms
- 4.1 Unless there is a contractual deviation between both parties or a due date on the invoice, all our invoices are payable in cash to the address mentioned on the VBBS bvba invoice.
- 4.2 Unless otherwise stipulated, the client undertakes to provide VBBS bvba with a duly completed and stamped direct debit form for the benefit of VBBS bvba, under penalty of a 5.8% increase in the price.
- 4.3 Any payment received by VBBS bvba will be charged in the first instance against the interest and compensation due and then against the principal amount of the oldest due invoice.
- 4.4 If the invoice remains unpaid on its due date, the amount due will be automatically, automatically and without any prior notice of default, increased; by way of interest on late payment, of 1% per month, all months commenced counting for a whole month, until the day of full payment; as a lump sum compensation, 15% with a minimum of €50. VBBS bvba is also entitled to claim compensation for its legal costs, as well as compensation for all relevant recovery costs.
- 4.5 Any outstanding balance by the customer authorises VBBS bvba to suspend any further delivery and/or service until full payment has been made without prior notice and without prior notice and to make them dependent on cash payment for the goods and/or services provided. The parties agree that the payment of invoices is qualified as an essential obligation on the part of the customer. The warranty will also be suspended by operation of law, without this suspension extending the warranty period.
- 4.6 A dispute, claim, request for suspension or termination, non-delivery or any other requirement of the customer in respect of another party or contract, and may in no way serve as justification for their non-payment.
- 4.7 VBBS bvba is entitled to issue and store customer invoices electronically in accordance with the relevant legislation.
- 4.8 All invoices are validly issued to the address given in the contract or purchase order, even in the event of a change in the registered office of the customer, except after notification of the same by registered letter from the customer.
5. Retention of title
- 5.1 By way of derogation from Article 1583 of the Civil Code, all goods delivered shall remain the property of VBBS bvba in their entirety until full payment of the principal, costs and interest. The customer is obliged to keep the goods individually until the date of full payment. The customer explicitly acknowledges the application of Article 101 of the Bankruptcy Act, so that, in the event of the customer's bankruptcy, VBBS BVBA has the right to invoke the application of this legal provision and to claim the goods, which are the property of VBBS BVBA.
- 5.2 As long as the customer has not fulfilled the above obligations, he is not entitled to pledge the goods delivered by VBBS bvba.
6. Claims, liability, backorders
- 6.1 Upon receipt of the shipment, the Customer is obliged to check whether the quantity delivered corresponds to the quantity purchased. To be admissible, complaints concerning visible defects or conformity must be notified to VBBS bvba by sending a registered letter no later than two days after receipt of the goods. The possible use or resale of the goods will nullify the liability of VBBS bvba.
- 6.2 Complaints concerning latent defects are only admissible if they are submitted to VBBS bvba by registered letter with sufficient reasons at the latest within three months of the date of delivery and within two working days after the defect has been discovered. The burden of proof of compliance with these deadlines lies with the customer. The relevant invoice will only be credited if the goods have been returned to VBBS bvba within seven days of the date of delivery. If the goods are returned to VBBS bvba after this period, VBBS will have the choice between a free replacement or crediting the invoice based on the value of the goods at that time. In both cases, any form of right to compensation from VBBS BVBA is expressly excluded.
- 6.3 The Client's complaints never give the Client the right to suspend its obligations towards VBBS BVBA.
- 6.4 In the event that an item, being in backorder, is cancelled without the written consent of VBBS vba, VBBS vba is entitled to claim a sum of €25 as a flat-rate administration fee.
7. Assignments to third parties and liability
- 7.1 VBBS bvba shall not be liable for any loss or damage to the goods carried resulting from the nature or defects of the goods. If, in order to carry out its mission, VBBS bvba has to rely on third parties, either subcontractors or other intermediaries, it is only responsible for the scrupulous selection of the latter and for the transmission of the necessary data and the correct instructions. In accordance with this, VBBS bvba does not bear any form of direct or indirect compensation in this respect. VBBS bvba does not bear any form of liability or any failure or delay in the provision of the ordered goods as a result of the limitations imposed on it by the authorities or any other form of force majeure over which it has no control.
8. Jurisdiction
- 8.1 Our contracts are governed solely by Belgian law.
- 8.2 If VBBS BVBA is obliged by the acts and negligence of the client to claim the sums due in court, all related costs, including fees, will be recovered from the client.
- 8.3 Any disputes shall be subject to the exclusive jurisdiction of the courts of Antwerp.