GENERAL TERMS AND CONDITIONS FOR DELIVERY TO NON-CONSUMERS
Article 1 General
1. the Bankside established at Stationsstraat 25, 9950 Lievegem, Belgium
Agreement: all agreements between the Bankside and the Other Party regarding the delivery of Products and / or Services;
Services: the work to be performed by the Bankside of a non-material nature;
Products: the material objects to be supplied as described in and which are the subject of the Agreement;
Counterparty: the natural or legal person who purchases goods from the Bankside;
Delivery: the act whereby goods from the Bankside are made available to the Other Party after the execution of the Agreement by the Bankside.
2. These terms and conditions apply to every offer, quotation and agreement between the Bankside, Hereinafter referred to as: “User” and a counterparty to which User has declared these terms and conditions applicable, insofar as these terms and conditions are not explicitly and in writing by the parties. has deviated.
3. The amount of the invoice must be paid proforma,
4. The other party must adhere to written agreed advice on selling prices as stated in the price list.
5. We ship deliveries from stock within 2 to 5 working days. If products cannot be sent from stock, the delivery will take place between 10 to 15 working days. The Other Party is obliged to investigate the goods supplied or have them examined, immediately at the time that the goods are made available to it or the relevant work has been carried out. In addition, the Other Party should investigate whether the quality and / or quantity of the delivery corresponds to what has been agreed and meets the requirements that the parties have agreed in that regard. Any visible defects must be reported to the Other Party by telephone and by email within three days of delivery. The report must contain a description of the defect that is as detailed as possible, so that the User is able to respond adequately. The Other Party must give the User the opportunity to investigate a complaint or have it investigated.
6. If the Other Party complains in time, this does not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the otherwise ordered goods.
7. If a defect is reported later, the Counterparty no longer has the right to repair, replacement or compensation.
8. If it is established that an item is defective and a complaint about it has been made in a timely manner, then the User will replace the defective item within a reasonable period (10 days) of its receipt or, if it is not reasonably possible to return it. If a return is possible, an attempt must always be made to request a return via [email protected] You receive the return procedure, including possible return costs.
9. All goods supplied by the User remain the property of the User until the Other Party has complied with all obligations arising from all Agreements concluded with the User. Goods supplied by the User, which fall under the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations and may never be used as a means of payment. The Other Party is not authorized to pledge the items subject to the retention of title or encumber them in any other way. The other party already gives unconditional and irrevocable permission to the User or to a third party to be designated by the other party to enter all those places where the user’s property will be located and those matters with it, in all cases where the User wishes to exercise its ownership rights. to take.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Other Party is obliged to inform the User of this as soon as can reasonably be expected. All risk of damage or loss in whole or in part of the purchased goods is transferred to the Other Party immediately after delivery. The Other Party remains liable vis-à-vis the User for the safe storage of the delivered Products until full payment of the agreed price.
10. For all orders with a value of less than 150 Euro, shipping costs are charged: less than 30 kg, the shipping costs are 7.50 within the Belgium. Above 30 kg 15 Euro, within Belgium. Different rates apply for all deliveries outside Belgium. These can be requested per order.
For all orders with a value of more than 150 Euro, no shipping costs will be charged.
Article 2 Liability
1. If the User should be liable, then this liability is limited to the provisions of this provision.
2. The User is not liable for damage, of any nature whatsoever, caused by the User relying on incorrect and / or incomplete information provided by or on behalf of the Other Party.
3. If the User should be liable for any damage, then the liability of the User is limited to the invoice value of the order, at least to that part of the order to which the liability relates.
4. User is only liable for direct damage.
5. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate User for the poor performance to have the agreement answered, insofar as these can be attributed to the User and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.
6. User is never liable for indirect damage, including consequential damage, lost profit, missed discounts and damage due to business interruption.
7. The limitations of liability included in this article do not apply if damage is due to intent or gross negligence on the part of the User.
Article 3 Transfer of risk
1. The risk of loss, damage or loss of value transfers to the Other Party at the time when items are brought under the control of the Other Party.
Article 4 Applicable law and disputes
1. All legal relationships to which Users are parties are exclusively governed by Belgian law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The judge in the place of business of the User is exclusively authorized to take cognizance of disputes, unless the law prescribes otherwise. Nevertheless, the User has the right to submit the dispute to the competent court according to the law.
3. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
KBC IBAN: BE16 7370 3995 7474
VAT number : BE 0537 979 420